for Publick Good i.e. when they see it Expedient for they must judge of it Is not this to set Subjects loose when they see Cause And if they are Arbitrary Governors who in Ruling are left to Discretion are not they also as Arbitrary Subjects who in Obeying are left to Discretion Now to Cure Arbitrary Power by Arbitrary Obedience is to Cure Tyrannical Government by no Government which is as bad nay abundantly worse The very worst of Tyrants are the Ministers of God for good in comparison of no Government One Tyrant's Lust cannot Rifle all Virgins nor his Avarice devour all Estates nor his Revenge reach all Persons nor his Cruelty cut off the Common Wealth But under no Government the Rabble will Govern all And that will be branched out into many thousand Tyrants who Persecute without Pity as well as Justice and pull down and spoil without any Relentings and have no Generosity to spare or greatness of Soul to neglect or leave any thing but think the meanest Plunder a desireable Prey and sweep all before them A Poor Man that oppresseth the Poor is like a sweeping Rain says Solomon Prov. xxviii 3 And I think the Experience we have had of late in these three Realms of the Rabbles Ruling is enough to convince all Considerate Men that a few months of their Expedition is much more full of illegal Violence Injustice and Inhumanity and a great deal more formidable than a Tyrants whole Reign FINIS * Tit. iii. 1 †1 Pet. ii 13 ‖ Rom. xiii 1 * Mat. x. 38 Luk. ix 23 Mat. xvi 24 Luk. xiv 27 †Rom. xiii 2 ‖ Inquiry into the measures of submission to the Supreme Authority Art 9.12 Discourse about the Justice of the Gentlemens undertaking at York Nov. 1688. p. 4 5 6 7. passim Julian the Apostate c. 9. p. 74.92 And the Answer to Jovian p. 160. And several others †Jo. iii. 3 and 2 Cor. â— 17. †In primis Deo digna ut ita dixerim necessaria ad Probationem scilicet Servorum ejus sive reprobationem Tertull de fug in Perfec c. 1. ‖ Pala illa quae nunc Dominicam aream purgat ecclesiam scilicet confusum acervum fidelium eventilans frumentum Martyrum paleas Negatorum ib. †Apol. â— ult Justin. Mart. ad Diognet p. 498 499 Dial. cum Tryph. p. 337. Lact. l. 5. c. 13. * Apol. 1. p. 50. * Libell Precum p. 8. †Quas utinam nunquam possedisset ecclesia ut Apostolico more vivens fidem integram inviolabiliter possideret ib. p. 2. Ed. Ox. †Adv. Marc. l. 4. c. 39. †Homil. 34. in Mat. in c. x.16 Be ye wise as Serpents c. †Ibid. ‖ Vid. Edwards Gangraena part 1. Ep. Dedicat. ‖ See the Authors cited p. 2. * Geog. l. 17. sub fin †Lib. 53. ‖ ib. l. 53. * Sed quod principi placuit Legis habet vigorem quum Lege Regia quae de ejus imperio lata est populus ei in eum omne imperium suum potestatem concedat Instit. l. 1. tit 2.6 †Faedusve cum quibus volet facere liceat utique ei senatum habere relationem facere c. Utique quaecunque ex usu reipublicae Majestate Divinarum humanarum publicarum privatarumque rerum esse censebit ei agere facere jus potestasque sit ita ut Divo Augusto Tiberio c. fuit ‖ Apud Jan. Gruterum Inscript Antiqu. p. 242. Inscript de Caesar. Suetonio Annexis Ed. Ox. sub Vespas nu 10. * Annal. l. 4. p. 190 191. Ed. Gryphii †In Tiber. c. 30. ‖ Dio l. 53. †c. 31. vid. c. 32. * Principem quem vos tanta ac tam Libera potestate instruxistis Senatui servire debere c. 29. * L. 66. †Harm of New Test. ad An. Ner. 11. Christi 65. ‖ Joseph de Bell. l. 2. c. 24. ‖ P. II. * Dec. 1. l. 2. †Vid. Paulum Manut. de Leg. Ro. p. 37 38. †Apol. p. 6. c. 13. ‖ Utique quos Magistratum Potestatem imperium Curationemve cujus rei petentes Senatui populoque Ro. commendaverit quibusque Suffragationem suam dederit promiserit eorum Commitiis quibusque extra ordinem ratio habeatur Inscript Tab Lateran †Tum primum è campo comitia ad Patres translata sunt Nam ad câ—m diem etsâ— potissima arbitrio Principis quaedam tamen studiis tribuum fiebant Tacit. An. l. 1. p. 29. Ed. Gryph ‖ In Calig c. 16. ‖ Lib. 53. †Suet. in Aug. c. 53. ‖ Id. in Tib. c. 27. †In Calig c. 22. ‖ Digna vox est Majestate Regnantis Legibus alligatum se Principem profiteri Cod. l. 1 Tit. 14. De Legibus c. l. 4 †Nihil tam proprium Imperii est quam Legibus vivere Cod. lib. 6. Tit. 23. de Testam l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Soc. Hist. Eccl. lib. 1. c. 2. †Hoc imperium cujus ministri estis Civilis non Tyrannica Dominato est Apol c. 2. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Dio l. 53. p. 581 582. †Ut Populo praesunt magistratus ita Magistratibus Leges Cic. de Legib. lib. 3. initio ‖ Ipsi Legibus teneantur id Orat. 8. quae est in Verrem l. 3. in fine †Judice qui ex Lege jurati judicatis Legibus obcemperare Debetis l. 1. De Inventione §. 60. so called juratorum hominum Orat. 5. because jurare in Legem judicaturi solebant Gothofred Not. in loc ‖ Haec sunt fundamenta firmissima nostrae Libertatis sui quemque juris retinendi Dimittendi esse Dominum Orat. 35. pro Cornel. Balbo ‡ Hoc nobis esse à majoribus traditum hoc esse denique proprium Liberae civitatis ut nihil de capite civis aut de bonis sine judicio senatus aut populi aut eorum qui de quaque re constituti judices sint deâ—rabi possit Id. Orat. 29. Pro Domo sua ad Pontif. * Lib. 53. p. 582. †Ibid. †Dec. 1. l. 2. * Sacrosanctum-sanctione poenae cum caput ejus qui contra facit consecratur Cicero pro Cornel. Balbo Orat. 35. †Ibid. lib. 2. ‖ Vid. Macrob. Sat. l. 3 c. 7. p. 319 320. ‡ ib. p. 582. †Digest lib. 1. tit 3. l. 31. * Utique quibus Legibus Plebeive scitis scriptum fuit ne Divus Augustus c. tenâ—rentur iis Legibus plebisque scitis Imp. Caes. Vespasianus solutus sit Quaeque ex quaque Lege Rogatione Divum Augustum c. facere oportuit ea omnia Imp. Caes. Vespasiano facere liceat * Princeps Legibus solutus est Augusta autem licet legibus soluta non est Principes tamen eadem illi Privilegia tribuâ—nt quae ipsi habent Lib. 1. Dig. Tit. 3. l. 31. †Experiar quid concedatur in illos Quorum Flaminia tegieux cinis atque Latina Juv.
to be tortured against their Masters Yea torturing even Children to confess against their Parents and Wives against their Husbands as Lactantius relates Here was another sort of Invasion of Property than that so much insisted on in the great Rebellion viz. of enforced Loans Privy Seals and Ship-money And if Invasion of Properties can discharge Allegiance the Christians were at Liberty and might have taken Arms in those days There was also a Denial of Law and of the course of Justice unless they would purchase it by unlawful Worship and Sacrifices For Heathen Altars as the same Author notes were erected before tho Tribunals that the Litigants might first sacrifice before they could bring on their Cause An Edict also had order'd that against them any one might bring an Action but that they on any injury should not be allow'd to bring any as I observ'd before This was a Denial of Protection And if Subjects are under no obligation to Allegiance where they are denied Protection yea or even where they miss of it against their Rulers Wills through their incapacity for the present to afford it according to some present Casuists way of stating this Question Why might not the Christians have thought themselves discharged from paying any thing to these Emperors There was nothing of Law but arbitrariness in all their Courts where Galerius as I noted above dissolving all the Laws assumed and gave a License of all things to his Judges And if men that have Laws and Birth-rights may rise up for their Laws and Liberties against Governors who will invade both and be arbitrary and illegal in their Administrations how could the Christians stand obliged to be quiet and passive in this very case There was a murdering men for poverty the same Galerius in the illegal course of raising his insupportable Tax commanding all the Beggars who were unable to pay any thing towards it to be gathered together and then to deter any from pleading Poverty being exported in Ships to be drown'd in the Sea This is not only against all Humane and Divine Laws but is such a degree of madness as methinks might much better pass for a proof of one not mentis compos or besides himself than the K. of Portugals bloody Acts and Barbarities which of late have been made use of by several in this Dispute And if no Allegiance is due in case of Frenzy or moral incapacity appearing not in the ordinary Crazedness and inconsistence of a mans Carriage but only by such Actions and there too from the extravagance of unjust Cruelty or furious Passion in those Acts not from any whimsical Silliness and Ridiculousness of the Reasons and Pretences for them there would not in my Opinion have been much due to him Nor to Valens who like a frantick man did the same as I noted to no less than eighty Clergy-men who were sent by their suffering Brethren humbly to petition him Nor to Nero who for his sport and the more lively humoring of a Song viz. the taking of Troy which as Suetonius relates he joyfully sung over it in his scenical habit at that time set the City of Rome it self all in a flame There was a Subversion of the Roman Constitution as I hinted before Galerius turning the State of Subjects into that of Slaves or Captives with whom he might take any Liberties and use what Violence he pleased He alter'd as the Romans complained their Form which was Potentia Civilis as Tertullian says a Power legal and politick into one that was Arbitrary and Despotick affecting to rule like the Persian Kings who treated their Subjects says Lactantius tanquam familia merely at Discretion and in a despotick way Here as some would have told them was a legal Government laid aside and an illegal set up instead thereof And if there is no Allegiance due to a lawful Governor when he lays aside the Laws and breaks in upon the Constitution it self such an one being no longer the Governor their Law and Constitution owns the Christians might have been free in Conscience to look to themselves and to stand up with others for their common Defence against all his barbarous and illegal Usage I will add but one Plea more There was a treating of the Romans and other Subjects of the Empire more like Enemies than Subjects Thus Lactantius complains of Galerius that he treated them after the same manner as he would have done to any others by the Right of War using these Free-born Subjects as their Ancestors were wont to use their Captives Yea at his first coming to the Empire as he observes he professed himself an Enemy of the Roman Name and would have changed the Title so as to be styled not the Roman but the Dacian Emperor Thus also under Dioclesian Eusebius says that the Martyrs were oppugn'd not by common may and form of Law as Subjects but by Right of War as if they had been publick Enemies Licence was given as Phileas the Martyr reports 〈◊〉 his Epistle sent from Prison to his Church to any one that would to abuse them which some did beating them with Clubs some with Rods some with Whips The President telling them to have no care or regard at all what they did to them but to look upon them and use them as if they were not men Thus likewise Maxentius upon a very light and small Pretence as Eusebius tells us set the Guards one day to fall upon the Roman People to cut them off as they would an Enemy in heat of Battel And so slew an innumerable multitude of Romans not in fighting against foreign Foes by the Arms of Scythians and Barbarians but by the hands of their own Citizens and in the midst of the City it self Here would some have been apt to suggest instead of an Head and Governor did each of these bloody and persecuting Emperors put on the person of an Enemy of his people As Nero also would have been thought by them when he designedly and but too openly as may be seen in Suetonius set fire to the City which was as much as the conquering Gauls did or would have been done on the irruption of any foreign Foe And if no Allegiance is due to a Prince when not by open Professions but only by the mischievousness of his Counsels or Actions he may be interpreted to turn Enemy of his People the Christians under these and many other Monsters of Blood and Cruelty might in Conscience have been at much more liberty than ever they believed themselves to be Thus had they lived in those days might the modern Casuists and Advocates for Resistance have urged all the Pleas of Invasion of Liberties and Properties of ceasing of Protection from unjust Powers of breach of Laws and alteration of very Forms and fundamental Constitutions of Rulers ceasing to be mentis compotes or falling under mental or moral Incapacities or their turning
to be obeyed as Gods Ministers although they be evil although they abuse their Power although they be wicked and wrong doers and it is not lawful for Inferiors and Subjects in any Case to resist and withstand them Whatever the rightful Sovereign be then that bears hard upon any Man let me ask him who is most uneasie if for all his Personal unworthiness and oppressive Administration he be not still the Lords anointed and the Ordinance of God And so long if he will be a Follower of the Holy Scriptures the Primitive Fathers or our own Church whose Testimonies have been alledged how can he lift up his hand against him 2. A second Ground of their Non-Resistance was in Patience and Submission to Gods Providence In such hard Cases they were like to ease their Suffering by Patience and make it worse by Resistance In your Patience says our Saviour possess ye your Souls Luke xxi 19 When the Cross was brought upon them they were called to take it up not to drive it away to follow Christ in bearing it themselves not to follow the World in endeavouring to Force it upon others according to those Precepts of our Lord for taking up and bearing his Cross. These Persecutions they looked on as sent by God for tryal of their Patience not of their fighting Valor in making Resistance and were careful under them to shew invincible Stoutness in Sufferings not refuse to Suffer and rather fight in their own Defence The Cup which my Father hath given me shall I not Drink it Therefore put up thy Sword said Christ. Joh. xviii 11 Lo here is the Patience of the Saints says S. John noting what in their Persecutions they sought to Signalize Rev. xiv 12 And Absit ut Divina Secta dolâ—at pati in quo probatur God forbid this Divine Sect should be against Suffering which is only Gods way of Tryal and Probation says Tertullian of their patient and unresisting Sufferings when they had strength enough to defend themselves 3. In faith in God and trust that he as Rightful Judge would sooner or later as he saw best Right their Cause Vengeance is mine I will repay saith God and they were content to leave it to him We confide in him who is able to take Vengeance both for his own and his Servants injuries When we suffer such unspeakable things we leave it to God to Right us says Lactantius Against all your injuries the Judgment and Vengeance of God is our Defence And upon that account it is that none of us makes any Resistance though we have Numbers more than enough says S Cyprian And loe here is the Faith and Patience of the Saints said S. John Rev. xiii 10 They committed their Rights to him when despoiled of them by unjust Force and never went about to make Parties and Tumults by Force to Right themselves to shew the Faith they had in his Justice his Providence and Promises and how far and freely even in these dearest and most concerning Interests they durst trust him Now both these also are Reasons equally not to Resist under any rightful Sovereigns The Cross is the same under one as under others The same Tryal of Patience and of Faith when they fall under the same distresses whether by Christian or Heathen Sober or Dissolute by Princes that Invade or that observe Civil Laws and Legal Properties Now to all this that has been said on this Subject it would be a very weak and unjust exception to say this forbidding of Resistance on violation of Laws is setting up for illegal and arbitrary Government For to Govern Arbitrarily is to Rule by Discretion or to have no written Laws to Govern by And where there are Stated Laws to regulate and direct Administrations there is all the Human care that can be to prevent Arbitrariness in Sovereigns There are but two ways to limit and lay Restraints or keep any Governor within compass One is Laws which restrain him as a Rule by fixing and prescribing for him his just Bounds The other is a Superior Power that can call him to account when he Deviates and forceably compel him to return into a Right Course and these restrain him as his Rulers Now as for this later way of appointing Higher Powers for their Supervisors and Correctors it is visible this can be no way of restraining Sovereigns who can be no longer Sovereigns but Subjects if they have any Superiors He that is by Law declared the Supreme especiall the only Supreme in any Realm must needs be above all and no Man can be above him Though the Laws of his Realm are to be his Rule yet no Man in his Realm can be his Ruler nor they who all profess themselves made subject to pretend to set upon him Besides if such Correctors were appointed to secure the Laws yet would that be only a Dream of Security which would vanish as Experience made us awake and come to our selves and not secure them really more than they are secured already For these Correctors being subject to like Over-sights Passions and Misgovernments are as liable to Prevaricate and Violate the Laws as those whom they are set to Supervise The Laws are safe enough in the Hands of good Kings and as unsafe in the Hands of ill Correctors as of ill Kings and such Correctors are every whit as liable and like as oft to be ill and abuse the Laws as Kings themselves And what redress for the Invasions and breach of Laws when they do amiss So that this doth not Cure but only shift the Disease which is uncureable under any Sovereign or last Judge be it King or Parliament Army or Mobile through the Nature of this World and the inseparable uncertainties of Human Affairs As in the â—â—ne of Human Subordinations then some must be Sovereigns and these must be Men subject to be drawn aside like our selves so can these have no Restraint but Laws nor any Judge but God and so be unaccountable here on Earth The only possible restraint of Arbitrariness in them is Laws And the best restraint these can lay is if Acts of State and Justice are to be sped not only by the Sovereign himself in Person but by his Ministers And if though the Sovereign himself is not yet his Ministers are accountable and tryable for Breach of Laws as well as others Which I think is as much security under a Sovereign as Sovereignty allows And this Human Security we have in this Realm to Guard our Laws although we may not resist our Sovereign and fight for those Laws against him by force of Arms which is a throwing off his Sovereignty over us and setting up for our Selves But though this Doctrine of Non-Resistance yea even in Defence of Laws doth not make Arbitrary Power yet on the other Hand I would have it considered whether the Liberty of Resistance is not like to bring in Arbitrary Subjection They may cast off Obedience say some