conditions that if more should be required from Him though when conquered the Subjects would be loosers by it and they would gaine that by a miserable Warre which will much diminish the happinesse of Peace They will not now descend to a Treaty with their King they like His humility but are not well pleased it was not shewne sooner onely some slender hopes are given that their Generall shall have commission to pardon His former unwillingnesse to suffer if He can redeeme those errors which have put them to expence and trouble by a constant tamenesse for the future From Nottingham he slyes to Shrewsbury for they are contented to give Him line enough being confident they can strike Him when they please in the meane time 't is good sport to see Him wearying Himselfe with fruitlesse indeavous to escape when at last being tyred with long and vaine strivings He must be forced to deliver Himselfe quietly into their hands Thus was he accused to be the assaulter who was so long time unable to resist their violence Ei fuit saluti quòd videbatur certò periturus his apparent weaknesse did deliver him from that power which was ready to swallow him up they had then destroyed him if they had not beene more wanton then conscientious This narration is abundantly sufficient to prove the warre to be defensive of the Kings part But I will examine it further by the rules of Justice Albericus Gentilis defines warre very accurately presupposing the lawes of society and excluding private Duells publicorum armorum justam contentionem a just dispute of differences by publique swords l. 1. c. 2. de jure bel just negante sensu for that which is not unjust and in the law notion in reference not to the causes for this is called pium bellum but the authors waging it Wherefore he shewes that it cannot be but betweene independent States and Princes Citizens or Subjects cannot be lawfull enemies opposed to their Prince because they want supreme authority without which the warre is not publique nor can it be justified The reason is because warre is only excused by necessity that is when there is no legall way to end controversies by prohibiting farther appeales as amongst distinct States or severall Princes who acknowledge no superior and are not bound to submit to any Court and may perhaps not agree upon arbitrators because in some cases none can be named who are uninterressed in the decision But I will not insist upon the injustice of Subjects making war for any cause whatever upon the supreme power because this was evidenced at large in the second Section where I proved that a liberty of resistance doth destroy the nature of soveraignty or supremacy and introduces regnum in regno civitatem in civitate by dividing the civill power which can be but one if the State or Kingdome be but one That of Cyprian shall be the entrance into our iniquirie concerning the injustice of this present warre of the Subjects part setting aside their duty of non-resistance by divine law applyed to our constitutions and supposing an equality or independancy betweene King and Subjects for want of a reasonable cause which might excuse those great mischiefes as being a necessary remedy to prevent greater Homicidium quum admittunt singuli crimen est virtus vocatur quum publicè geritur And there is some ground in reason that shedding though the bloud but of one man should deserve an ignominious death and to kill thousands by publique authority should make our lives glorious Because there is as vast a difference as betweene the guilt of murtherers and the gallantry of men undertaking the administration of justice with personall hazard for preservation of publique rights First therefore a jurisdiction is required where lawes are wanting to make use of force for recovery of right which Subjects cannot have over their Prince and this doth make justum bellum And secondly a sufficient cause is necessary there must be reasonable motives or else it cannot be pium bellum Except wee have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wee commit murder with the sword of justice The method of the Romans was to demand their rights in a peaceable way by their Heralds and in case restitution was denyed then warre was proclaimed and the cause likewise declared nec dederunt nec solverunt nec fecerunt quas res dari fieri solvi oportuit as wee find in Livy that the world might be satisfied in the innocence of their unwilling violence So carefull were they to preserve their credit with mankind whom it universally concerned that warre should not be waged upon light and unjustifiable grounds There must be belli causa gravis a sober inducement to make the warre defensive and if this were not wanting reall injuries having beene offered yet if this cause were taken away by an after readinesse to make full satisfaction if the offended parties would not accept of restitution the warre was then esteemed offensive of their part and they became guilty before God for the causelesse effusion of so much bloud and worthily infamous amongst all good men Melior causa ad partem poenitentem transibat To apply briefly these unquestionable rules of justice to the present case for I find that long reasons doe as little satisfie the common sort as none at all they having but narrow memories and it being the same thing not to know and not to remember I will put but one interrogatory to such as take up Armes against the King Why they are Rebels and Traytors cui bono for that they are so I appeale to the Judges of the Land or referre them to the plaine and evident Law 25. Edw. 3. Let them suppose themselves arraigned and the Judge to aske what they can say for themselves why sentence should not passe for their condemnation according to expresse law Certainly they could not make a fairer plea then the Earle of Essex who had not proceeded to offer violence to the Queene and yet was adjudged a Traytor for appearing in Armes only with intention to remove evill Counsellors The pretext is in defence of Liberty Lawes Property Priviledges of Parliament and Religion But the reall cause is the preferment of a few ambitious persons who will not permit the Lawes to have their free and uninterrupted course the knowne security of the Subjects happinesse because the orderly administration of justice doth not signifie that the King will bestow such offices upon them as their inordinate desires aime at He cannot doubt the truth of this who hath read and observed the conditions without which they will not suffer peace and to compasse which His Majesty hath left no reasonable wayes unattempted I am confident He hath offered so much to His Subjects as would content honest and moderate conquerours Concerning Lawes there shall not be any other measure of mens actions besides those knowne rules Neither Royall Proclamations nor fellow Subjects Ordinances shall make the people miserable under
which States are setled overthrowne if the people be made Judges of their safety and allowed to use any meanes which they fancy conducing thereto without any consideration of the ground-workes Populi salus suprema lex is the Engine by which the upper roomes are torne from the foundation and seated upon fancy onely like Castles in the aire For the safety of the people is really built upon governement and this destroyed the other non jam aedes sed cumulus erit will be soone swallowed in the common confusion but this is evidently and demonstrably ruined by these principles For government is an effect not of a people 's divided naturall powers but as they are united and made one by civill constitution so that when we call it supreame power we impose an improper name and have given occasion for mistakes yet I shall not endeavour to alter the common use of speaking but onely to prevent a misunderstanding of it because indeed this power is simply one and when it doth expresse it selfe by one person or more according to different formes who yet are but severall parts of one governour there is not left in the Kingdome or Common-wealth any civill that is any legall power which can appeare in resistance because all of them have bound their naturall hands by a politique agreement Hence it followes those that will allow any power to Subjects against their ruler let it be Liberty to resist those in whom the Law places jus gladis the right of the sword destructive to the very nature of governement one man or many united by one common forme which is the consent of the major part and this is not capable of division do thereby dissolve the sinewes of government by which they were compacted into one and which made a multitude a people and so breake the Common-wealth into as many peices as they have set up opposers against it For there cannot be two powers and yet the Kingdome remaine one This is that which distinguishes Francs and England and Spaine from one another because they have three powers legally distinct and are the same in relation each to other as three particular men meeting in some wildernesse and considered as not having agreed to any Lawes of Society I am fully perswaded no sober man can imagine the policy of this State is so defective as to open a necessary way to its owne ruine that is to divide the Kingdome legally in it selfe and therefore it must necessarily be granted those that take up armes being not authorized so to do by law are guilty of rebellion and the consequences of it murder and rapine It is very easy to determine whom the Law hath armed with power because not any part of the people not the two Houses but the King alone is sworne to protect us which is an evident argument he is enabled to effect this end and that the necessary meanes to compasse it which is the posse regni is at his disposall By these generalls throughly digested and rightly applied we shall be able to rule particular decisions I shall desire one thing especially may be remembred as which hath great influence upon all cases Though what is truly the right of any one doth not cease to be so naturally by anothers sentence to the contrary yet after positive constitutions upon a Judges decision he can challenge no title to it because by his owne deed and consent he passeth it away in that judiciary determination And equity and prudence both dictate that it was a most honest and reasonable agreement as conducing to publique peace and the quiet of mankind that persons publikely constituted and more unconcerned in the decisions should put an end to all debates Because otherwise the controversie was not likely to be ended but with one of the parties For each man out of naturall favour the strongest corruptive of judgement inclining to his owne Interest there was nothing left but force to determine it There cannot be a more unhappy administration of Justice then when strength is made the measure of right and when all Iudges are bribed as passing sentence to their owne advantage §. 1. THe following Section shall be spent in proving the proposition by which the consciences of all Subjects must be directed It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome is placed and no dispensation grounded upon what persons soever as inferiour Magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of rebellion Upon this pillar not onely monarchy stands firme but all other governements are equally supported the generall reason being applicable according to the difference in severall formes In the third Section I will bring the case home to our selves by proving this assumption The King of England hath this supreame power and then I shall leave it to every mans conscience to inferre the conclusion therefore it is unlawfull to make resistance against their Soveraigne In the fourth Section I will answer all the evasions how plausibly soever founded which I could meete with in the severall writings of those men who though they strike at the King downe right and more immediately yet by plaine and evident cousequences they destroy all civill society By way of conclusion I will shew though such a power of resistance as they or any others have yet openly pleaded for should be granted lawfull as when in their owne defence or when he that hath the highest authority and is bound by the law of God and his owne oath to administer justice equally yet after frequent representations of their grievances and most just Complaints of their great sufferings affords no redresse yet this can be no justification of the present warre against the King nor acquit the Actors in it from being rebels Because this case is evidently not now as will appeare after a view taken of the causas of this unnaturall and illegall division The proposition to be proved is It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed and no dispensation grounded upon what persons soever as inferiour magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of Rebellion I make no question every man will apprehend that by resistance here Differences betweene not obeying against law and hostile resistance to a lawfull Soveraigne is meant only hostile opposition and not a refusall to put unjust commands measured by divine or humane laws in execution for the truth is if they are or seeme repugnant to Gods law for then they are so really in respect of those who have that apprehension idem est esse apparere in this case of good and bad because whatsoever is not of
in peace we shall finde by putting downe Kings they laid the feed-plot of those many miserable civill warres with which that people was so frequently so extreamely afflicted The forme of that Commonwealth was Democraticall The governement of Rome according to the forme democraticall but according to the practise an illegall Monarchy but if wee judge of it not as established by Law but according to the practice almost in all times we must pronounce the Government an illegall Monarchy For either some one man governed the Senate and made them an instrument to oppresse the people or else according as it was aptest to advance his interests siding with the people and telling them the Nobles took too much upon them Different judgement of the best forme of governement oft-times the cause of sedition he by their power compassed his private ends under the names of common good publique safety The truth is the different judgement of the best State doth de facto open a gap to sedition because men naturally desire to live most happily and are easily tempted to contribute their endeavours to any change which they fancy for the better though in right it ought not to be so notwithstanding some forme might be proposed which were really more perfect because our faith once given to the present government cannot be recalled this civill union is as fast tyed as the marriage knot we are bound to take it for better for worse And if otherwise States would probably be shorter liv'd then men as having their foundation on the sands that is on the inconstant wills of the people who are blowne about with every winde of contrary discourses Fallacy in discourses concerning what kinde of governement is best But in this dispute concerning the best forme of civill society there is a great fallacy as yet not fully discovered Schemes are drawne in speculation and politique discourses are framed which beare much resemblance with some figures of Mathematicians which are made with much ease upon paper and with apparence of solid demonstration so that the Schollers not able to object against it entertaine it for certaine knowledge But when reduced into practice in wood or stone the failings are presently seene and their contemplations appeare vaine and unprofitable because they did not take into consideration the capacity of the Subject on which they were to worke nor fore-saw what resistance the matter would make This errour is committed in the comparison of States and many plausible reasons are laid down for the rule of the Nobles or of the people which are best confuted by experience For when it is debated whether Monarchy be the most convenient government the true sense of it is this if we judge according to the frequent practice which in Politiques is made the most reasonable measure of Lawes whether the people will live more happily when Law places the supreame power in one and nominates that person by which no roome is left for division or when one man being more active and crafty then his fellowes who ought to have an equall share in this authority raises a faction upon plausible pretences and under colour of serving his side perswades them to be commanded by him and so exercises the supreame power in an illegall way which as it is compassed by ingaging the people in misery under colour of making them more happy so â—â— it must be kept up by as bad arts and an Army must be maintained to make good by force what Law cannot justifie I do not wonder for it is no strange thing part of the people should be unwise that some should be induced to cast off Monarchy They are told it is very unreasonable that one should have all the power Toto liber in orbe Solus Caesar erit They may upon the same ground perswade them to quarrell with God Almighty Their meaning is though they dare not speake out there is no government good unlesse they have a share in it This interest of being joynt Soveraignes makes them unable to see or else willing to dissemble the apparent dangers which division threatens as likewise the great disadvantages which wait on slow proceedings counsels as well as men growing weake by age and the unhappy miscarriages of brave undertakings because not managed with fitting secrecy All these three are plainly spoken in many Governours Faction Delay Opennesse The method whereby the peoples affections are poysoned and wonne to a dislike of the present State By what means so many of the people are misled into Rebellion and by degrees brought first to desire then to attempt an Innovation is this All the defects how unavoidable soever by reason of secret lets and hinderances not to be fore-seene as depending upon many circumstances which are variable according to other mens wills and which they have not the honesty to put the people in minde of are with great care represented to their considerations and much diligence is used to set before them a perfect Catalogue of what ever faults have beene committed by inferiour Magistrates and under Officers and as they have excellent memories in repeating grievances so they have learned an art very convenient for their ends and for creating a misunderstanding betweene King and people that they may manage the discontents of the Subject to advance particular designes to forget the severall satisfactions given by Princes when upon generall complaints they are fully instructed in their Subjects sufferings The next worke is to assigne such a cause of these corruptions as shall open a way to the alteration they aime at which is to impute them to the nature of a monarchicall government by telling them their happinesse is built upon a very uncertaine foundation the will of one man and if he be bad they must surely be miserable Lastly a promise is made of healing all their evills and the remedy is multitudo medicorum the same plausibilities may be urged to perswade an entertainment of many Physicians about a sicke person as about a distempered State but experience masters these reasons and hath demonstrated the danger of it they must place the Soveraigne power amongst many to the end if one should faile of his duty others may supply it if one should be willing to oppresse others may be able to protect them It fares with men in the distempers of State as in those of their bodies They are easily induced to make triall of what any man tells them will do them good and they have the strongest phancies to those things of which they have least experience But the Fallacy which abuses the people is non causa pro causâ there ever was and alwaies will be matter of Complaint under what kind of regiment soever we live and till men be absolutely perfect the governement cannot be so voluntary corruptions and naturall frailâ—ties must have an influence upon every state This tampering with the Body to reduce it to perfect health hath overthrown many
must choose the least evill which is not to resist and by endeavouring to save our goods or bodies to loose our soules Certainly if we were as truly religious as we would be thought to be we have not any cause to be troubled though these things should happen to us No hard Law to require from us Non-resistance If our patience in submission to his precept be chargeable we make God our debtor all the taxes and tributes are put upon his accompt and he will returne them in as plentifull measure as if we had spent so much charitably and we cannot lay out our estate better The Magistrate is Gods receiver as well as the poore He commands part of our revenues in him in those he seemes to intreat that is to pay debts this comes nigher to a courtesie and therefore we might better excuse our uncharitablenesse then our resistance But what if their cruelty extend to the farthest and endeavour to take away our lives wrongfully These are justly deare to men and much is done to draw out a few yeares notwithstanding our comforts are interwoven with sorrowes our feares are oftentimes above our hopes most of our dayes are cloudy and over-cast with melancholyes and the discontents arising from our wants which are as vast and unbounded as our desires to have are much greater then the narrow pleasures of enjoyment which is confined to a few things the stroaking of fortune being not so delightfull as her blowes are grievous but what value ought we then to set upon eternall life how highly ought we to prize those everlasting joyes which still quicken and still satisfie the appetite and what should we not suffer rather then forfeit these This is the present case He that by resisting saves his life a doubtfull good and of no long continuance looses that happy being to which God hath promised to such as submit to his commands and he that looses his life is a great gainer he falls a Martyr of justice and shall be raised a Saint into glory The same obedience which God required of the Jewes under the Law to be shewne to their Judges and Kings The same duty of Non-resistance injoyned by Christ in the Gospell and as high a degree of patience Christ injoynes his followers under the Gospell towards the highest powers And there is great reason wee should performe this duty more cheerefully because our Saviour hath commended persecution to all those who will live godly and that both by precept and example His method was facere docere he began to doe and teach and it is not much different in the end docere pati to teach patience and confirme his doctrine by his suffering wee must take out the same lesson for the promise is conditionall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if we suffer with him then and not else shall we also reigne with him Rom. 8. 17. Rebellion in Christians is a most prodigious thing wee having plaine and peremptory commands for obedience and a certaine and ample requitall for all the charges of our honesty That Heroicall speech of Socrates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is in their power to kill me it is not in their power to hurt me carryes in it the flame of true Religion the Apostle expresses it higher for us to die is gaine Phil. 1. 21. The Jewes wanted not some colours of reason to justifie their impatience in this case The Jewes more excusable in case of rebellion for it was a strong temptation not to be willing to be cut off when their blessings were temporall the chiefe of them being length of dayes and upon which all the rest depended and must necessarily end with their lives And yet they submitted to those Lawes which entrusted their fortunes and being in the hands of the supreame Magistrate Jos 1. 18. This power in succeeding times was often abused to their destruction and they gave themselves up to the slaughter upon hopes not grounded in any set promise but only in the free goodnesse of God whom they thought to be a better master then to let any man be the worse for doing him service But a Christian cannot have any shadow of scruple Christians have not any colour for it St. Peter failing in this duty by resisting the Magistrate in defence of his innocent Master hath taken speciall care not to be imitated and therefore informes us largely with the full extent of Christian patience I will first lay downe the grounds for which our Saviour reprehended him and I desire they may be seriously pondered by such as are more inexcusably faultie and then I shall take his precepts into consideration Much may be alleadged in Peters justification and yet all will not excuse him Put up thy sword againe into his place sayes Christ if he do not he threatens the punishment of murder to him all they that take the sword shall perish by the sword Matth. 26. 52. It concernes them sadly to apply who pretend resistance but are really invaders and therefore cannot make so faire a plea. First it was a sodaine and unexpected assault no means of escape did appeare Secondly their violence armed with Swords and with Staves as against a thiefe did evidently aime at the life of his Master and he might not without reason suspect his owne in danger Thirdly he kept the lawes of that which is called inculpata tutela innocent defence he did it in the instant not after deliberation when he might have thought of other wayes of safetie and he had no advantage of Weapon and he did not kill outright but only wounded a servant Notwithstanding all this he is rebuked by Christ who makes satisfaction for his offence by a miracle And the sense of this correction made so deep an impression that he after warned others of their duty when they suffer in the like persecution Let none of you suffer as a murderer c. yet if any man suffer as a Christian let him not be ashamed but let him glorifie God on this behalfe For the time is come that judgment must begin at the house of God Wherefore let them that suffer according to the will of God commit the keeping of their soules to him in well doing as unto a faithfull creator 1 Pet. 4. Though this might serve turne yet he speakes more home in another place Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto them that are sent by him for the punishment of evill doers and for the praise of them that doe well For so is the will of God that with well doing you may put to silence the ignorance of foolish men As free and not using your liberty for a cloake of maliciousnesse but as the servants of God c. Feare God honour the King Servants be subject to your Masters with all feare not only to the good and gentle but also to
good and ancient Lawes is interpreted a breach of Priviledges of Parliament appeales are made to the people the ready way to a universall confusion And they according to private information and mis-guided affections did once passe this sentence that to imprison without cause alleadged and to deny Habeas corpus's is no intrenchment upon the liberty of the Subject to bestow mens estates by whole sale and take away their Money Plate or Goods doth not destroy the property of the Subject To scorne and revile the Booke of Common Prayer against an Act of Parliament which severely punishes such contempt and to supplant our established doctrine and discipline by countenancing Anabaptisme and Brownisme conduces to the holy Reformation and will in time effect that great worke and settle true Religion Thus much by the way to shew that we cannot have any absolute security in all governments it is necessary to trust some body For if we should retaine a liberty to right our selves not to mention the fatall mischiefes of Anarchy and that it is probable this freedome would be frequently abused to our wrong selfe-love making men partiall in their owne causes the decision of controversies would be writ in bloud and we should lay a fruitfull seed-plot of civill warres contrary to the end of society which is to preserve publique peace though sometimes with private losse because though we suffer some things by injustice yet we enjoy great benefits by common tranquillity but in the ruine of the whole the rights of single persons must be destroyed The hazard likewise appeares much greater by inabling those to injure us whom the Law hath not intrusted with our protection To answer their objection fully who would perswade the people there is not any differnce betweene arbitrary government and government restrained by lawes if Subjects may not compell their soveraigne to the observation of them Greater security would undoe us For though wee suffer sometimes under reall greivances yet pretended breaches of our rights which can never be wanting as long as ambitious persons are discontented would have the same influence to stirre up civill dissentions and it is a more prudent course to oblige some to sit downe though wronged then to open a certaine way for Schisme in the body by indulging a most pernicious freedome of righting themselves It was wisely said by Seneca satius est a paucis etiam justam excusationem non accipi quà m ab omnibus aliquam tentari For Kingdomes are many times disturbed upon meere pretences There are such who will set their country on fire only to warme their owne hands by it and trouble the waters that they may the better catch fish that is who will pursue private interests with hazard of publicke destruction He that doubts this let him consult histories and he shall find it hath beene fatall to the best Princes to have the worst Subjects I appeale to mens consciences whether they have not read and perhaps scene the reigne of a most gracious Prince a Prince eminently mercifull and just branded with the odious name of Tyranny And when malice it selfe cannot blemish his actions when he is not so bad as they could pray for for they would have made great advantages if they could charge him with personall vices as unchast intemperate or negligent in performance of religious duties yet craft hath done their businesse and abused the peoples weaknesse so farr as to make them active in their owne ruine by that wicked Art of declaming against evill counsellours Of such dangerous consequence is it to open a way to civill warre upon pretended miscarriages in government But grant not fancyed but reall injuries Yet non tanti est civilia bella moveri It is true the people are then not so happy as they might be but to make use of force as a remedy will encrease their miseries It is certaine this Kingdome never suffered so highly under the greatest tyrant as it hath already by this unnaturall warre and who can tell whither it may not end in a universall destruction If a King be forced to conquer against his will who knows how farre he may be tempted beyond his naturall disposition It is a melancholly consideration that a peoples perversenesse may change a gentle Scepter into a rod of iron But if Subjects prevaile we can see no end of the warre Forraigne nations will be powred upon this unhappy land there will never be wanting at home a considerable party as long as there are either honest or discontented men to fight for the regaining his haereditary rights to keepe whom in awe our fellow Subjects will plead a necessity of being tyrants I could wish it were not already acted upon us first their will made necessity and then necessity makes their will the measure of right and wrong and destroyes all law their wants will give law to us and imprison us upon bare suspicion of Loyalty and seize on our estates for feare they may be honestly imployed Thus we see a necessity of trust and that we are bound not only in conscience but in prudence also not to revenge the not performance of it I can further make it appeare we have very good security as strong as humane wisedome ever invented that we shall live happily and therefore we have no reason to robbe our selves of those great blessings which we lately injoyed peace and plenty upon vaine feares and groundlesse jealousies of imaginary miseries Our forefathers did not distrust the sound temper of this policy and they injoyed the benefits of it in a high degree First the King hath sworne to preserve our Lawes our Liberties our Propriety and our Religion and he desires God so to prosper him and his as he performes this Oath unto the Lord who will require a severe accompt Wee may make a highly probable conjecture of the sincerity of his royall heart and the unfeignednesse of his many sacred Protestations from his miraculous successe If God had not fought on his side if the immediate hand of providence had not supported him in mans judgment he had beene swallowed up Secondly if he should command any illegall things the executioners of them are responsable and must make satisfaction to the injur'd parties And they cannot flatter themselves with hopes of impunitie for once in three yeares a Parliament will call them to accompt and they have a great Democraticall advantage for the obtaining justice Because the Kings wants cannot be supplyed without their consent and it is very unlikely he will deny any reasonable petitions or reject any desires but such as robbe him of his honour which is infinitely deare to him above plenty except they endeavour to make him worse then poore which cannot be by demanding justice it is most probable he will readily assent Thirdly His interests are the same with the Subjects They are not like two buckets when one is lowest the other is highest but they resemble the Head and rest of the
our hands we cannot thinke to reforme the abuses of higher powers is committed to us to whom is given no other commandement but to obey and suffer I speake alwayes of private men This truth clearely delivered speakes the goodnesse of the cause and demonstrates the unlawfulnesse of taking up Armes against the King though their supposition were true as it is evidently false that His Majestie did cast off the bridle of established Lawes whereas He doth hazard His Life and Crowne in their defence The quarrell is that he doth obstinately maintaine our good old customes and constitutions such as experience hath confirmed happy and beneficiall to this Nation and will not be over awed to make new Lawes such as private interests would force upon Him and the Kingdome This is a sure ground for conscience to rely upon and evidently destructive of most of their popular principles which have poysoned the affections of the Subjects It is not lawfull for us to correct ill Governours because this cannot be effected without resistance and all private men have direct precept against this that of obedience and patience This will speake home to the businesse when it will after appeare that all inferiour Magistrates opposed to the highest whose Delegates and Ministers they are are but private men In the meane while wee may hence discover the falshood of their principles viz. That the law of nature will justifie all resistance against injuries and for our owne preservation that no people is so mad as to contract to their owne ruine and therefore may resist any Magistrate if their lives be indangered the meaning is if they have offended against known Lawes which will certainly adjudge them to dye the Magistrate shall bring them to a legall tryall at his owne perill or to agree to be ill governed and therefore since there is a mutuall compact if Rulers performe not their duty the contract is dissolved and they are at liberty to right themselves and to governe their Governours and to fling the Pilot over-board if he wilfully steere upon the Rocks not by way of jurisdiction but selfe-preservation That the King is for the people and Governours are appoynted for the good of those that are governed and therefore Subjects are the more considerable men and greater and more honourable then those who are placed over them they bearing relation of the end Magistrates but of the meanes and so the safety of the people must give Law to the Magistrate if he will be peevish and protect them according to old Lawes when they fancy greater benefits from innovation that Quicquid efficit tale est magis tale but according to their grounds private men made all Magistrates for before they constituted some forme of Regiment by pactions and agreements they were but a multitude of men amongst whome none had jurisdiction over other the conclusion is therefore private men are more Magistrates and may call even the highest to accompt and force him to be responsable for what ever they judge abuse of power The grounds upon which our seditious writers doe argue are very contradictory in themselves and yet all of them conclude for Rebellion Some and I thinke the greater part confesse it is unlawfull for private men to resist the Magistrate though abusing his authority These must needs acknowledge the weakenesse of those arguments which yet they constantly presse and which prevaile most upon the peoples affections that it is a senselesse thing to imagine wee can be obliged to be slaves in case a King be guided by his Lusts not Lawes or not to preserve our selves against bloudy Tyrants For their determination is contrary that private men for want of authority to arme them are bound to suffer And Calvin is expresse lib. 3. c. 10. § 6. nullum magis praeclarum facinus habetur etiam apud philosophos quà m liberare tyrannide patriam Atqui voce coelestis arbitri apertè damnatur qui privatus manum tyranno intulerit They maintaine therefore though private men sinne in resisting yet if countenanced by inferior Magistrates then it is not Rebellion but a just Warre These may be clearely convinced if they will but consider that inferior Magistrates are such only in respect of those who are under their jurisdiction because to them they represent the King but in reference to the King they themselves are but Subjects and can challenge not jurisdiction over him Some state it thus though not private men not yet inferior Magistrates yet superior powers may bridle the exorbitant lusts of Princes by force of Armes this wee grant and therefore acknowledge that in an Aristocracy where the lawes place the supreme power in such a body of men what is done by their authority ought not to be resisted and if any one man take upon him regall power contrary to their constitutions he is a Traytor and may be cut off But this concludes nothing in a Monarchy Res apud alios acta aliis non praejudicat for their error is They make the two Houses the Kings superiors who themselves disclaime it in words and seeme to aske you who made them supreme Ruler for all their petitions which are the acts of them not as single men but as united bodies and considered unitivè not disjunctivè socially not severally carry this truth in the Title Your Majesties humble and obedient Subjects the Lords and Commons in Parliament c. which acknowledges their obligation to be under him and to say otherwise would be of dangerous consequence for if they be not His Subjects they put themselves out of His protection Some againe thinke it too grosse and absurd to maintaine that Subjects in any capacity are above their King and therefore a coordination serves their turne By which if they meane an equall right in the King and the two Houses of a negative voyce in respect of new Lawes to be enacted or old abrogated this is granted but will doe them no service and indeed it overthrowes their cause For as the King doth not pretend that he can make use of his power to make new lawes without their consent so by the same reason neither can they challenge a right of taking away our old Government without the Royall assent But if they meane by coordination a division of Soveraignty this is against the nature of it and a cleare contradiction So that if he be our onely Soveraigne there is no such thing as coordination if they be joynt-Soveraignes in what a miserable condition are we English-men who should be bound to impossibilities to obey three masters commanding contrary things They might as well challenge us to doe homage to them which is and ought to be performed onely to the King tum per id efficiamur homines solius illius cui juravimus as the Civilians determine and we cannot be duorum in solidum l. Si ut cer § Si duobus D. commodati Some and those the most desperate mutineers lay such principles as will
be impatient though we be cut off by a wicked executioner Exc. Many examples are alleadged out of the old Testament to colour this breach of duty Answ We have plaine precept not to resist and must conforme our actions to knowne rules not the practice of others For instance Who can lift up his hands against the Lords anoynted and be guiltlesse this implyes a command not to rebell Let every soule be subject to the higher powers He that resists the power resists the ordinance of God Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto those who are sent by him Legibus vivendum est non exemplis Examples can onely shew what was done not what ought to be done To answer briefly the examples by them produced are either impertinent as being acted upon Usurpers or not to be drawne into a rule because extraordinarily allowed by God who may dispense with his owne law but this cannot warrant our imitation no more then the Israelites robbing the Aegyptians can licence Plundering or any other illegall weakning the wicked or Jacobs lying to his Father can excuse want of sincerity and truth when by false reports they may probably undoe their brethren or Jaels breaking trust in murdering Sisera can dispense with killing enemies after composition made to save their lives or lastly they were unjust To runne over the particulars would be more tedious then profitable because they are all clearly solved by applying one of these three They are impertinent or extraordinary or wicked Secondly If wee should grant that it were lawfull for the Jewes to resist Tyrants in their owne defence this comes not home to us who are called as Saint Peter sayes to beare the Crosse and to follow Christs example When wee are in danger of being killed for our Religion all that is allowed to us is only to flye from one City to another Wee may better submit to so high a degree of patience in consideration our well being is not provided for in this world and despise death because the joyes of eternall life are so plainly set before us in the Gospell whereas under the Law they were entertained with promises of temporall blessings and it must needs goe to their hearts to loose the proposed reward of keeping the Law length of dayes by their due observance of it and this upon a suspicion of a better life rather then a confidence grounded upon any plaine promise Exc. 1 I have formerly shewed the practice of the primitive Christians which was so apparent that not having so much impudence as to deny it neverthelesse they have invented severall exceptions to it which take of the glory of their innocence I have beaten them out of their strongest fort which was this deerant vires They had a good will to rebell but wanted power onely Exc. 2 The Christians were but private men and for that reason could not lawfully resist but if they had beene countenanced with the authority of the Senate questionlesse they would not have submitted themselves so tamely to the slaughter Answ First these men who grant thus much are bound in conscience to answer their owne arguments drawne from the law of nature which they tell us allowes selfe defence though with the Magistrates destruction and taken from the chiefe topique of their invectives that no body did contract to be ill-governed much lesse to be ruined and therefore no obligation can lye upon them not to preserve themselves But these and such like reasons are evidently confuted by all those Texts which bind us to suffer though wrongfully as wee have Christ for an example c. Those holy men who submitted their bodies to the flames lookt upon martyrdome not as a thing of choice but of duty They might have pleaded the law of nature and and the injustice of their persecutors whose office was to be a terror to the evill and to countenance doing that which is good but such sophistry could not prevaile upon religion which had bound up their hands from revenging themselves upon private men and much lesse upon the Magistrate Secondly that the Senate had no authority to wage Warre against their Emperour will be evinced from Rom. 13. 1. 1 Pet 2. 13. 14. applyed to the civill constitutions of the Roman Empire Submit to the King as supreme that is to the Roman Emperour saith Diodati c. all'imperator Romano detto tal-uolta Rè dalle natione stranieri Vlpian acquaints us there was not any legall power but in him what he determines hath the force of law he adds the reason because the people in whom the Senate are included by the lexregia gave unto him the right to manage all their power Vtpote cum lege Regia quae de imperio ejus lata est populus ei in eum which signifies in se saith Theophilus omne suum imperium potestatem conferat l. quod princ D. de const princ Justinian clearely decides the case if the Emperour shall take any cause into his cognizance omnes omnino judices let all judges whatsoever know that this sentence is law to all effects not only in the particular cause but it becomes a rule to decide all like cases by For what is greater what more sacred then the Imperiall Majesty or who is so insolent ut regalem sensum contemnat The sense even of the Senate was not to stand in competition with Royall constitutions l. si imperial D. de legib Wee may fitly observe that some Emperours did by Acts of grace limit their legislative power which was solely in them and bind themselves from the use of it without the advice of the Senate as is to be seene l. humanum Cod. de legib and may be collected from Auth. Habita quidem C. ne fili and divers other constitutions yet this gave no power to the people to be imployed against them if they should not performe their duty This grant made the Roman Empire like the Kingdome of England for wee have a cleare and full testimony from our Common Law that the legislative power is onely in the King though the use of it be restrained to the consent of the Lords and Commons in Parliament le Roy fait les leix avec le consent du Seigneurs Communs non pas les Seigneurs Communs avec le consent du Roy. The King makes Lawes with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King or that which Virgil describes gaudet regno Trojanus Acestes Indicitque forum Patribus dat jura vocatis It is the most unreasonable thing that ever was fancyed that Subjects assembled should have greater authority then their King without whose call they could not have met together and at whose pleasure they are dissolved in Law and bound to depart to their owne homes Exc. 3 The Anticavalier doth pitifully intangle
the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at