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A93872 A sermon preach'd before the Honourable House of Commons, January 30, 1699/1700 being an anniversary sermon for the day / by William Stephens, B.D. Rector of Sutton in Surry. ; Corrected by the author. Stephens, William, d. 1718. 1700 (1700) Wing S5463A; ESTC R212531 13,080 32

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Continual Obligation to the good Magistrates Care over us wherby we are put in mind to be subject c. 2. The other Reason of Submission given by St. Peter is Because all Governments and Governours arise from the Peoples Consent They are the Ordinances and Appointments of Men the Creatures of Humane Compact For we do not find That God did appoint any Form of Political Government for a Pattern to be follow'd by any Society now in Being upon the Earth We see no such Rule in the Book of Nature Nor do we read in Scripture of any particular Polity prescribed to all or any People now imbodied in the World We read there That all Governments and Governours are appointed by God's Providence By me Kings Reign c. But we find no Particular Administration no Particular Family or Single Person now in Being ordained to Government by Divine Precept But each Magistrate and Magistracy is left to the Ordinance and Appointment of those Men who have joined themselves together in Society The great Variety we see in Civil Government shews That they are all the Effects of Humane Contrivance and suited to the Several Interests of the Respective Societies Thus the Ancient Charter of the Neighbouring City Containing all those useful and necessary Powers by which so great a Body is governed Was it not the wise Contrivance of their Ancestors And did it not receive its Establishment from the Principalities and Powers of the Realm And the Great Charter of the Realm it self is no more than the wise Ordinance of our Fore-fathers And the Dates of its Royal Confirmations are still remaining among us And as several smaller Societies have their Free Customs distinct from one another so in different Nations there are various Lodgments even of the Sovereign Power which appear to be the Effects of Free-will because in every rational Government something may be observed which is peculiar and distinguishing Furthermore Have we not seen the forms of Government even in the same Nations changed from what they formerly had been As in Sweden France and Denmark And have not our eyes beheld of late Years the Legal Form of the English Monarchy degenerated into Tyranny and again recovered through God's Blessing together with the Courage and Conduct of the Man of his own Right Hand who by restoring our Ancient Liberties justly recommended himself to the Imperial Crown of this Realm by the Free Consent of the People Nor was it otherwise of old when Moses was by Meekness and Miracle recommended of God to be the Father of his Country For tho by a Divine Power he wrought out Israel's Deliverance from Egypt by Conducting them into the Wilderness yet there was no Form of Government established among the Tribes till Jethro made a Visit to his Son in Law Moses to whose Counsel it was owing that a sound Polity was set up in the Land of Israel For instead of the whole burden of the Government lying upon Moses which Jethro told him was not good he directs him to provide out of all the People able men such as fear God Men of truth hating Covetousness and place such over them to be Rulers over Thousands Rulers of Hundreds Rulers of Fifties and Rulers of Tens And let them Judge the People at all seasons And it shall be saith Jethro that every great matter they shall bring unto thee but every small matter they shall judge Exod. 18 17 21 22. Thus the burden of the Civil Government should sit easie upon the Governors and the People should receive a quick dispatch of their Affairs Moses as you read follows this advice and joyns himself with the Tribes of Israel in the choice of Persons fit for this Administration as will appear by comparing the 25th verse of the forecited Chapter with the first Chapter of Deut. In the former verse we read that Moses chose able Men out of Israel and made them Heads over the People But the latter place shews that the Peoples Consent was had in the election of these Officers For so Moses Repeats the Circumstances of that Action Deut. 1.9 c. And I spake unto you at that time saying I am not able to bare you my self alone c. take ye therefore wise Men and understanding and known among your Tribes and I will make them Rulers over you From hence it appears 1. That the Old Constitution of Israel's Government was the Contrivance of Jethro an Heathen and the Magistrates who were in the Administration were chosen by the Joint Consent of Moses and the People And 2. That no one Person tho never so able so Wise and Valiant as Moses is sufficient to Govern a Nation without the Advice and joint Assistance of Inferiour Magistrates Much less such a Man who hath no pretence to the Spirit and Character of this Divine Legislator It has been thought by some that a great Conqueror might form a Civil Government in a conquer'd Nation without the Consent of the People by the sole Power of own Will And suppose it were so then that Government would be an Humane Ordinance because the Conqueror is but a Man But I deny it to be possible for any Conqueror tho never so great to make himself a King over any People without their Consent For to let pass what our Histories tell us of the Capitulations which follow'd the respective Conquest of the Saxons Danes and Normans before they erected any Form of Government in this Land Let us suppose that a Great General with a powerful Foreign Army should so far over run a Nation that the People thereof could not be able to make any considerable Resistance in such a Case the Relations of Lord and Slave are actually introduc'd by the Conquest The Conquerors are Lords and the Natives Slaves But then this State is a State of War still but no Political or Civil Constitution The Absolute Lord and his Slave are as yet upon no civil Terms with one another no Obligations have as yet passed between them but they are both left to their own Wills and if the Lord may take away the Life of his Slave the Slave is under no Obligation of dealing otherwise with his Lord. So that if this Great General intends to rule in Peace over the Conquer'd People he will find himself constrained to enter into some Terms of Compact with them upon which they are willing to accept him for the Head of their Government and Oblige themselves to obey him But put the Case that a Nation to avoid present Destruction would Consent to make themselves Legal Slaves this can no more oblige them than an honest Man is bound to keep Promise with a barbarous Highway-man for iniquity cannot be establish'd by a Law much less can it bind Posterity of whose Lives and Liberties they had no Right to dispose And Consequently they may justly restore themselves to a State of Freedom when ever they are able And if a mighty Conqueror cannot attain a