thee whom the Lord thy God shall choose One from among thy Brethren shalt thou set over thee thou mayst not set a Stranger over thee So God did only reserve to himself the Nomination of their King by which he designed to make his People more happy than they could expect by their own peculiar Choice he knowing the Heart of Man and Corruption of his Nature would be sure to nominate such who was most fit to govern his People God did not require the Jews to accept of him for King whom he should chuse but left it to their own free Will whether they would accept him or no is plain from the following Examples Upon the Death of Saul David was set up by the Appointment of Almighty God yet there was only the Tribe of Judah that followed David and made him King eleven Tribes following Ishbosheth Saul's Son whom they made King and though David had a long War against the House of Saul yet he calls them not Rebels neither do we find that God punished them or sent any Judgment upon them for not accepting of David as King and when Rechab and Banah had slain Ishbosheth and brought his Head to David at Hebron saying Behold the Head of thine Enemy yet David instead of rewarding them caused them to be slain for killing of Ishbosheth whom he calls a righteous Person not a Rebel After whose Death all those Tribes came to David and made a Compact with him for the performance of such Conditions which they thought necessary for the securing of their Liberty before they made him King 2 Sam. Chap. 2 3 4 5. The making of Solomon King by David his Father was not thought sufficient without the Peoples Consent else why did the People anoint Solomon and make him King the second time We read Judg. 8. 21 22 23. that after Gideon had slain Zebah and Zalmunna with the Midianites the Children of Israel said unto Gideon Rule thou over us both thou and thy Sons and thy Sons Son also for thou hast delivered us from the Hand of Midian But he refusing their Offer they afterwards made his Bastard-Son Abimelech King though he had threefoore and ten lawfully-begotten Sons Zimri having slain Baasha King of Israel reigned in his stead but the Children of Israel hearing thereof rejected him and made Omri the Captain of the Host King of Israel 1 Kings 16. 15 16. The Kingdom of Edom appointed a Deputy to rule over them instead of a King and gave him Royal Authority there being then no King in Edom 1 Kings 22. 47. See Macchab. 9. 28 29 30. 13. 8 9. 14. 41 to 49. By which it is further apparent that their Kings and Governours were chosen by the People As propinquity of Blood is a great Preheminence towards the attaining of any Crown yet it doth not bind the Common-wealth to yield thereto and to admit at hap-hazard every one that is next by Succession of Blood as was falsly affirmed by R. L'estrange and many others when the Parliament would have disinherited the Duke of York as unfit to govern this Nation he being a Papist if weighty Reasons require the contrary because she is bound to consider well and maturely the Person that is to enter whether he be like to perform his Duty and Charge to be committed to him For to admit him that is an Enemy or unfit to govern is to consent to the destroying of the Common-wealth See how God dealt in this point with the Children of Israel 1 Sam. 8. after he had granted to them the same Government as the other Nations round about them had whose Kings did ordinarily reign by Succession as ours do at this day and as most of the Kings of the Jews did afterwards yet that this Law of succeeding by Proximity of Birth though for the most part it should prevail yet He shewed plainly that upon just Causes it might be altered as in the case of Saul who left behind him many Children yet not any of them succeeded him except Ishbosheth who was not his eldest Son who was anointed King by Abner the general Captain of that Nation to whom eleven Tribes followed until he was slain and then they chose David And Jonathan Saul's other Son so much praised in holy Scripture being slain in War his Son Mephibosheth did not succeed in the Crown though by Succession he had much greater Right to it than David God promised David that his Seed should reign for ever after him Yet we do not find this performed to any of his elder Sons nor to any of their Offspring but only to Solomon his younger and tenth Son Rehoboam the lawful Son and Heir of King Solomon coming to Shichem where all the People of Israel were assembled together for his Coronation and admission to the Crown for until that time he was not accounted true King who refusing to ease them of some heavy Impositions which they had received from his Father ten Tribes of the twelve refuse to admit him their King and chose Jeroboam his Servant and made him their lawful King and God allowed thereof for when Rehoboam had prepared an hundred and fourscore thousand chosen Men who were Warriours to reduce those ten Tribes to the Obedience of their Natural Prince God commanded them to desist by his Prophet Shemaiah and so they did These and the like Determinations of the People about admitting or refusing of Princes to reign or not to reign over them when their Designments are to good Ends and for just Causes are allowed by God and oftentimes are his own special Drifts and Dispositions though they seem to come from Man He who is set up or made King by the Consent of the People hath a just Title against the next Heir of the Blood and his Issue who are put by the Crown else most of the Princes now reigning in Europe would be Usurpers and want good Titles to their Crowns they or their Ancestors being set up by the People which were not the right Heirs of the Royal Stock The Laws of the Commonwealth is the very Soul of a Politick Body Kings and Emperors always have been are and ought to be subject to the Laws of their Kingdoms not above them to violate break or alter them at their pleasures they being obliged by their Coronation-Oaths in all Ages and Kingdoms inviolably to observe them for St. Paul saith A Prince is the Minister of God for the Peoples Good and Tribute and Custom are paid to him that he may continually attend thereto The Defence and Procuration of the Common-wealth is to be managed to the benefit of those who are committed not of those to whom it is committed A just Governour for the benefit of the People is more careful of the Publick Good and Welfare than of his own private Advantage Allegiance is nothing but Obedience according to Law which when the Prince violates he has no Right to Obedience There is a mutual Obligation between
have one of their Race left that pisseth against the Wall Now what were their Faults but Idolatry and Oppression of their People Then how can it be a Sin in a Nation to free themselves from an idolatrous and oppressing King When it is done by the greatest and most considerable part thereof it does silently imply a Consent of God for it cannot be Covetousness or Ambition that moves such a Multitude When once the Christian Religion is become a part of the Subjects Property by the Laws and Constitutions of the Country then it is to be considered as one of their principal Rights and so may be defended as well as any other Civil Right since that those different Forms of Government that the Jews were under is no Rule for the Government of any Nation or People whatsoever The Principles of Natural Religion give those who are in Authority no Power at all but only secure them in the Possession of that which is theirs by the Laws of the Country That Cause is just which defends the Laws which protects the Common Good which shall preserve the Realm And that Cause is unjust which violates the Laws defends the Breakers of the Laws protects the Subverters of the Country That is just which will destroy Tyrannical Government that unjâ—st which would abolish just Government that lawful which tends to the Publick Good that unlawful which tends to the Private But alas that Bug-bear Dagon of Passive Obedience is a Notion crept into the World and most zealously and perhaps as ignorantly defended Here all our Laws and Decrees by which we are governed are of the Peoples Choice first made by the Subject and then confirmed by the King Here a King cannot take our Sons and Daughters our Fields and Vineyards away unless we please to give him them Where was the Doctrine of Passive Obedience when Elisha prayed for Blindness to come upon those who were sent by the King of Syria to fetch him And when he commanded the Door to be shut and the Messenger to be held fast who was sent for his Head by the King of Israel And when Azariah with fourscore valiant Priests thrust out Uzziah their lawful King out of the Temple And when Elijah destroyed the two Captains with Fire from Heaven with the hundred Men under their Command who were sent at twice by King Ahaziah to fetch him And when the Children of Israel slew Amasiah their lawful King for his Idolatry without any appointment in Scripture or prophecy of his Downfal and yet that is no where called Rebellion neither were they punished by his Son whom they had made King in his Father's stead And when Mattathias slew the King's Commissioner for compelling Men to Idolatry And when Mattathias and his Friends pulled down the Altars which were adapted to Idols 1 Macc. 2. 25 45. Where was the Doctrine of Passive Obedience when the Edomites revolted from Jehoram and made themselves a King And Libnah did also revolt because of his Evil Government 2 Chron. 21. without any appointment or foretelling of their Revolt by God in Scripture or being callâ—d Rebels And when Saul's Subjects swore that Saul should not kill Jonathan and they reseued him that he died not 1 Sam. 14. 45. And when David though a private Man armed himself with six hundred Men no doubt but he designed to have fought Saul and his Army if the Men of Keliah would have assisted him and have been true to him when he enquired of the Lord Whether the Men of Keliah would deliver him and his Men into the Hands of Saul upon the Lord 's answering They would deliver them up he and his Men departed the City 1 Sam. 23. Can any Man imagine their meaning was to run up and down the Country together and fly before Saul and his Army if they had been able to cope with any Number he could bring or send against them If Resistance was Unlawful and a Sin surely David a Man after God's own Heart would have known it and then he would not have involved the six hundred Men that came to his Assistance in the Sin of Rebellion but have told them that the Prince was not to be resisted though never so great a Tyrant Where was the Doctrine of Passive Obedience when Constantine the Great aided the oppressed Christians and Romans against the Tyranny and Persecution of the Emperors Maxentius and Maximinius with Force of Arms with which he conquered those Persecutors in several Battels fought against them at the Christians earnest Importunity And when the Primitive Christians resisted Lucinius their Emperor for persecuting them contrary to Law and Constantine the Great joined with them who held it his Duty saith Eusebius to deliver an infinite multitude of Men by cutting off a few wicked Ones as the Pests and Plagues of the Time And when the Primitive Christians of Constantinople opposed Asper's being made Emperor but Leo being named they consented thereto And when the Christians under the King of Persia resisted him for persecuting them and was assisted by Theodosius the Roman Emperor who told the King of Persia He was ready to defend them and no ways to see them suffer for Religion And when the Christians of Armenia the Greater made a League with the Romans for the securing of their Persons and their Religion against the Persians under whom they lived And when the Novatians assisted by the Orthodox resisted and beat the Macedonians though they were assisted by Constantius the Emperor with four thousand Men to drive them from Paplelagonia And when the Primitive Christians destroyed Julian's Idolatrous Temple in his Reign Where was the Doctrine of Passive Obedience when the Lutheran Churches defended themselves against the Emperor Charles the Fifth And when the Protestants of Austria took up Arms Anno 1608 against Matthias King of Hungaria for denying them the free Exercise of their Religion And when Queen Elizabeth assisted the Hollanders against their lawful Soveraign And when she assisted the Protestants of France against their lawful Soveraigns Charles the Ninth and Henry the Third And when King Charles the First and the Bishops and Clergy of England assisted the Protestants of France And when the Protestant Princes of Germany invited Gustavus Adolphus King of Sweeden to come into Germany to assist the Protestants against their lawful Prince for persecuting them And when the Protestants joined with him upon his Arrival And when King Charles the First assisted them with Men from England So that according to this Christian Doctrine of Passive Obedience Queen Elizabeth and King Charles the First with the Bishops and Clergy of England and several other Princes and States have been guilty of St. Paul's Damnation for they that are a ding and assisting to Rebels are as guilty as those that are actually in it Lucifer Calaritanus a famous Christian wrote a Book against Constantius the Emperor which he sent him to read wherein he calls him and his Idolatrous Bishops Blasphemers
whatsoever whereas by giving up themselves to the absolute Arbitrary Power of any Man they have disarm'd themselves and armed him to make a Prey of them when he pleases I have been the longer in speaking of the State of Nature and the natural Instinct to Society and Government for that it is the Fountain of all the rest that ensueth in a Common-wealth but if we respect God and Nature as well might all the diversity of Governments which have been and now are in the World have followed one Law as so different but that neither God nor Nature which is from God hath prescribed any of those particular Forms but concurreth or permitteth such which the Common-wealth appoints Can any Man say that God and Nature did not concur as well with Italy when it had but one Prince as now when it hath so many and the like with Germany and also with Switzerland which was once one Common-wealth under the Dukes and Marquesses of Austria and now are divided into thirteen Cantons or Common-wealths under popular Magistrates of their own England also was first a Monarchy under the Britains and then a Province under the Romans and after that divided into seven Kingdoms at once under the Saxons and after them of the Danes and then the Normans and then the French and now a Monarchy again under the English and all this by God's Providence and Permission who suffered his own peculiar People the Jews to be under divers manner of Governments at divers times at first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Ioshua and the like then under Judges as Othoniel Ehud and Gideon then under High Priests as Eli and Samuel then under Kings as Saul David and the rest then under Captains and High Priests again as Zorobbabel Iudas Maccabeus and his Brethren until the Government was lastly taken from them and they brought under the Power of the Romans And last of all that God does concur with what Magistrate or Magistrates the Community thinks fit to appoint is plain by the Testimony of holy Scripture as when God said to Solomon By me Kings rule and Nobles even all the Iudges of the Earth Prov. 8. 16. that is by his Permission they govern tho chosen by the People and St. Paul to the Romans avoucheth that Authority is not but of God and therefore he that resisteth Authority resisteth God Rom. 13. which is to be understood of Authority Power and Jurisdiction in it self according to the Laws of every Country All Politick Societies began from a voluntary Union and mutual Agreement of Men freely acting in the choice of their Governours and Forms of Government All Kings receive their Royal Dignity from the Community by whom they are made the Superiour Minister and Ruler of the People Aristotle Cicero Augustin Fortescue and all other Politicians agree that Kingdoms and Common-wealths were existent before Kings for there must be a Kingdom and Society of Men to govern before there can be a King elected by them to govern them and those Kingdoms and Societies of Men had for the most part some Common Laws of their own free Choice by which they were governed before they had Kings which Laws they swore their Kings to observe before they would crown or admit them to the Government as is evident by the Coronation-Oaths of all Christian and Pagan Kings continued to this Day The Safety of the People is the Supreamest Law and what they by common Consent have Enacted only for the Publick Safety they may without any Obstacle alter when things require it by the like common Consent The lawful Power of making Laws to command whole Politick Societies of Men belongeth so properly unto the same intire Societies that for any Prince or Potentate of what kind soever upon Earth to exercise the same of himself and not by express Commission immediately and personally received from God or else by Authority derived at first from their Consent upon whose Persons they impose Laws it is no better than meer Tyranny Laws they are not therefore which Publick Approbation hath not made so Hooker 's Eccl. Pol. l. 1. § 10. Whosoever says Aristotle is governed by a Man without a Law is governed by a Man and by a Beast As every Man in the delivery of the Gift of his own Goods may impose what Covenant or Condition he pleases and every Man is Moderator and Disposer of his own Estate So in the voluntary Institution of a King and Royal Power it is lawful for the People submitting themselves to prescribe the King and his Successors what Law they please so as it be not Unreasonable and Unjust and directly against the Rights of a Supream Governour No Man can be born an Absolute King no Man can be a King by himself no King can Reign without the People Whereas on the contrary the People may both be and are by themselves and are in Time before a King By which it appears that all Kings were and are constituted by the People because by the Law of Nature there is no Superiority one above another and God has no where commanded the World or any part thereof to be governed by this or that Form or by this or that Person therefore all Superiority and Authority must and does proceed from the People since by the Law of God and Nature there is no Superiority one above another Aristotle saith That the whole Kingdom City or Family is more excellent and to be preferred before any Part or Member thereof Succession was tolerated and appointed in the World to avoid Competition and Inter-regnum and other Inconveniences of Election 'T is plain from what hath been said that all Government proceeds from the People Now I will prove that they have Authority to put back the next Inheritors to Government when unfit or uncapable to Govern And also to dispossess them that are in lawful Possession if they fulfil not the Laws and Conditions by which and for which their Dignities were given them and when it is done upon just and urgent Causes and by Publick Authority of the whole Body the Justice thereof is plain as when the Prince shall endeavour to establish Idolatry contrary to the Laws of the Land or any Religion which is repugnant to the Scripture as Popery c. or to destroy the People or make them Slaves to his Tyrannical Will and Pleasure For as the whole Body is of more Authority than the Head and may cure it when out of order so may the Weal-Publick cure or purge their Heads when they are pernitious or destructive to the Body Politick seeing that a Body Civil may have divers Heads by Succession or Election and cannot be bound to one as a Body Natural is which Body Natural if it had Ability to cut off its aking or sickly Head and take another I doubt not but it would do it and that all Men would confess it had Authority sufficient and Reason so to
own door By which it follows that Passive Obedience to unjust Violence is a Sin but resisting such Violence is no Sin but the Duty of every Man The first Duty that I owe is to God the second to my self in preserving my self c. the third to my Parent and Soveraign in obeying them in all things reasonable and lawful By all the Precepts in Scripture which require Obedience to Parents Homage and Obedience is as due to the one as to the other for 't is nowhere said Children obey your Father and no more the Mother is mentioned before the Father in Lev. 19. 3. Ye shall fear every Man his Mother and his Father Sure Solomon was not ignorant what belonged to him as a King or a Father when he said My Son hear the Instructions of thy Father and forsake not the Law of thy Mother And our Saviour says Matth. 15. 4. Honour thy Father and Mother And Ephes. 6. 1. Children obey your Parents c. If Paternal Authority be an absolute Authority I ask Whether it be in the eldest of the Family if so Whether a Grandfather can dispense with his Grand-Child's paying the Honour due to his Parents by the fifth Commandment 'T is evident in common Sense the Grandfather cannot discharge the Grand-Child from the Obedience due to his Parents neither can a Father dispense with his Child's Obedience due to the Laws of the Land therefore the Obedience required to Parents in Scripture is not to an absolute Authority for there can be no absolute Authority where there is an Authority above it With what Folly and Ignorance do some assert That the Kings of England are Absolute as proceeding from William the Conqueror To which I answer That a Conqueror has no right of Dominion much less any Absolute Authority over the Wife and Children of the Conquered or over those who assisted not against him Conquest may claim such a Right as Thieves use over those whom they can master which is a Right of Tenure but no Tenure of Right Conquest may restore a Right Forfeiture may lose a Right but 't is Consent only that can transact or give a Right There is no other Absolute Power than over Captives taken in a just War If the Possession of the whole Earth was in one Person yet he would have no Power over the Life or Liberty of another or over that which another gets by his own Industry for Propriety in Land gives no Man Authority over another William the Conqueror made a League or Compact with the Nobles and Lords of the Land to the performance of which he takes an Oath to observe the ancient Laws of the Realm established by his Predecessors the Kings of England and especially of Edward the Confessor as likewise did Henry the First with the Emendations his Father had made to them Stephen who succeeded Henry made a Compact and promiseth a Meloration of their Laws according to their Minds William Rufus Henry the First and Stephen get the Consent of the People by promising to grant them their usual Laws and ancient Customs Henry the First Richard the First King John and Richard the Second oblige themselves at their Coronations to grant them and then the People consented to own them as their King and Richard the First and King John were conjured by the Arch-bishops not to take upon them the Crown unless they intended to perform their Oaths If any King refused so to do the Nobles thought it their Concern to hinder his Coronation till he had either made or promised this Engagement What can be more absurd than to say That there is an absolute Subjection due to a Prince whom the Laws of God Nature and the Country have not given such Authority as if Men were made as so many Herds of Cattel only for the Use Service and Pleasure of their Princes But some do object That the anointing of Kings at their Coronations makes their Persons Sacred Unquestionable and Irresistable for any Tyrannical or Exorbitant Actions whatsoever To which I answer That every Christian's Baptism is a Sacrament of Christ's Institution a Spiritual Unction and Sanctification which makes a Person as sacred yea more holy than the Anointing of Kings can or doth of it self that being no Sacrament a Truth which no Christian can without Blasphemy deny And yet no Christian is exempted from Resistance Censure or Punishments according to the nature of his Crime and therefore the Anointing of Kings at their Coronations cannot do it it being a Ceremony of the Jews not instituted by Christ or any ways commanded to be continued by the Apostles or their Successors it signifying only the chusing or preserring one before another and so became the Ceremony of consecrating to any special Office and so was ordinarily used in the enstalling Men to Offices of any Eminency The Reign of a good King resembles that of Heaven over which there is but one God for he is no less beloved of the Vertuous than feared of the Bad and if human Frailty could admit a Succession of good Kings there were no comparison Power being ever more glorious in one than when it is divided 'T is not the Title of a King but the Power which is the Laws which is invested in him which makes the difference betwixt him and other Men in the executing of this Power his Person is sacred and not to be resisted he being above every Soul contained in the same Society and therefore cannot be resisted or deprived of his Office by any part or by the whole Community without the greatest Sin of Robbery and Injustice imaginable If a Government say some may be disturbed for any unlawful Proceedings of the Governour or his Ministers how can any Government be safe To which I answer That it is not lawful for every private Man to fly into the Bosom of his Prince for he is no competent Judg be he of never so great a Quality else a King was the most miserable Man living lying at the Mercy of every desperate Fellow's Censure It is impossible for one or a few oppressed Men to disturb the Government where the Body of the People do not think themselves concerned in it and that the Consequences seem not to threaten all yea when it does yet the People are not very forward to disturb the Government as in King Charles the Second's time when the Charters were condemned and seized upon in order to make us Slaves and the Laws perverted to the loss of many innocent Lives and many other Oppressions too many to insert and yet no body offered to disturb the Government I say till the Mischief be grown general and the Designs of the Rulers become notorious then and then only will the People be for righting themselves Whosoever either Ruler or Subject by Force goes about to invade the Rights of either Prince or People and lays the Foundation for overturning the Constitution and Frame of any just Government he is guilty of the greatest Crime I think a Man is capable of being to answer for all those Mischiefs of Blood Rapine and Desolation which the breaking to pieces of Governments brings on a Country and he who does it is justly to be esteemed the Common Enemy and Pest of Mankind and is so to be treated accordingly and how far the late King James was guilty of this I leave the World to judg FINIS The Author's Advertisement JUST as I had finished this Book I received a Reply to my former Book which I thought to have Answered but finding the Arguments to be Frivolous and Weak and my necessary Avocations allowing me but little time therefore I forbore answering it ADVERTISEMENTS THe Doctrine of Passive Obedience and Jure Divino disproved Price 1 d. The Letter which was sent to the Author of the Doctrine of Passive Obedience and Jure Divino disproved c. Answered and Refuted Wherein is proved That Monarchy was not Originally from GOD. That Kings are not by Divine Appointment but that all Government proceeds from the People That the Obedience required in Scripture is to the Laws of the Land and no otherwise That Resisting of Arbitrary Power is Lawful That the Oath of Allegiance to the late King James was dissolved before the Prince of Orange our present King landed That upon the non-performance of an Oath on one side the other becomes void is plainly prov'd from several Examples in Scripture That Protection is the only Cause of Allegiance and that Obedience or Allegiance is due to the present Government is proved from Scripture Law and Reason And those Texts of Scripture which relate to Government or Monarchy are Explained Price stitch'd 6 d. Both written by the same Author and printed for Tho. Harrison