181. viz. It is worthy the Note that we find no execution of blood except in open battel in all these combustions nor any Nobleman to die on a Scaffold either in this King's Reign or any other since William the First which is now almost Three hundred years SECT III. NOW as the strength of this Argument seems to me greater than is that of many others which are produced in this Cause so are there many singular advantages which it hath above them For instance First Whereas 't is said n. 1. That we cannot take this Oath upon the Grounds which commonly are offered to move us so to do without condemning the Doctrine of Non-resistance allowing Subjects in some cases a Power to Depose their Prince asserting that our Allegiance to him may cease even whilst he doth continue to Govern or to sway the Sceptre and so we cannot upon those Motives comply with the Act enjoining us to take it without condemning our ancient and avowed Doctrines our Subscriptions to our Homilies and Canons if not the Doctrine of the Ancient Church and that which once was counted the Glory of the Church of England and consequently we cannot do it on those Principles without the scandal of Hypocrisie and Mutability and so of being Ecclesiastical Weathercocks that turn with every wind that blows and Men of such flexible Consciences as will permit us to swear backwards and forwards or any ways for our interest which scandal would cause ur Persons to be despised and our Doctrine not to be regarded Whereas I say some of the other Grounds of taking the Oath of Fealty and Allegiance to King William seem to subject us to these and many other inconveniencies this way entirely avoids them all For 1. We may still honestly declare as do our Statutes n. 2. 3. Jam. 1. c. 1. Can. 36.60 Can. 1. 1640. our Canons and our Convocations That the King's Highness is the only Supreme Governor of this Realm and of all other his Dominions and Countries That the Kingly Authority within his Dominions and Countries is immediately and after God Chief and Supreme and that all Subjects by divine Law stand bound to yield all Faith and Obedience to it above all Earthly Power whatsoever For this Doctrine doth not in the least diminish any Privileges or meddle with any Prerogatives of our Sovereign Lord the King but only tells us who for the time being is that Sovereign Lord to whom these Prerogatives belong 2. n. 3. We may still honestly declare That it is not lawful upon any pretence whatsoever to take up Arms against the King Stat. Car. 2 A. 14. cap. 2.12 Car. 2. cap. 10. And that by the undoubted fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament nor the People collectively or representatively nor any other persons whatsoever had have hath or ought to have any coercive Power over the Kings of this Realm And with our Convocation still assert A. D. 1640. Can. 1. That for Subjects to bear Arms against their King offensive or defensive upon any pretence whatsoever is at the least to resist the Powers which are ordained of God. We may still subscribe these Doctrines of our Homilies as wholsome and godly Doctrines and Doctrines to be embraced by all men 2d Par. of the Serm. of Obed. p. 72. That it is not lawful for Subjects and Inferiors in any case to resist and stand against Superior Powers that Christ hath taught us plainly that even the wicked Rulers have their Power and Authority from God and therefore it is not lawful for their Subjects to withstand them Although they do abuse their Power That if they would command us to do any thing contrary to God's Commandments in that case we may not in any wise withstand them violently P. 74 75. or rebel against Rulers or make any Insurrection Sedition or Tumults either by force of Arms or otherwise Against the Anointed of the Lord or any of his Officers but we must in such case patiently suffer all wrongs and injuries referring the Judgment of our Cause only to God. Hem. of Rebel Par. 2. p. 301. And that though Multitudes not only of the Rude and Rascal Commons but sometimes also Men of great Wit Nobility and Authority have moved Rebellions against their lawful Princes whereas true Nobility should most abhor such villanies though they should pretend sundry Causes as the Redress of the Common-wealth which Rebellion of all other mischiefs doth most destroy or Reformation of Religion whereas Rebellion is most of all against true Religion yet were the multitude of the Rebels never so great the Captains never so noble politick and witty the pretences feigned to be never so good and holy yet the speedy overthrow of all Rebels of what number state or condition soever they were or what colour and cause soever they pretend is and ever hath been such that God thereby doth shew that He alloweth neither the dignity of any person nor the multitude of any people nor the weight of any cause as sufficient for the which Subjects may move Rebellion against their Prince For this Doctrine only adds to these Particulars this That the King Regnant in possession is the King whom we may not resist in any case 3. We are not obliged for the justification of our selves n. 4. and of our Doctrine to appeal from the Homilies themselves to those who composed or subscribed them to prove their Actions towards others and the Sayings of one or two of them elsewhere were inconsistent with the plain import of the words which they subscribed and taught as good and wholsome Doctrine when it served to defend the Protestants against the Insurrections of the Romanists the chief Adversaries of that Doctrine which England knew of in those times or to insinuate to their disparagement that they held this to be good Doctrine when it was useful to secure them against the Romanists but that the Doctrine of the Lawfulness of Resistance was as good when it was useful to preserve the Protestants in England or beyond the Seas against the Romanists But can fairly account for that assistance which they gave to their oppressed Brethren from the difference betwixt the constitution of their Government and ours this being one of the chief Laws by which the liberty of the Netherlands was long maintained and justified If any Prince hath disturbed the State of the Republick either by violence wrong dealing or treachery Oration of the Lawfulness of the Netherlandish War p. 14. then all the States and Burghers may deny him Obedience and shall be free and discharged of their Oaths they shall appoint a Chief in his place until he be reduced to a better Mind and more easie Government From the Observation of Dr. Hammond out of Bodinus L. 2. de Rep. c. 5. That in France Spain England and Scotland Reges sine
and threaten and much less to resist their Persecutors but only to commit their Cause to him that judgeth Righteously Now if after all these Declarations they indeed allowed all Christians to resist and take up Arms against their Governors when they conceived them guilty of Tyrannical abuse of Power when they became a terror to good Works and not to Evil only when they did not act according to Justice or established Laws or for the Good and Welfare of the Kingdom but the contrary surely they cannot be excused from a semblance of Deceit and of imposing on the Heathen World. 3. It plainly seems to make them guilty of the Murther of those many Christians who when they declared themselves * Vide Tertull. Ap. c. 37. ad Scap. c. 5. Cypr. Ep. ad Deme. r. Buseb l. 8. c. 1 4. Aust de Civ Dei l. 22. c. 6. sufficient both for strength and number to resist and overcome their Persecutors at the same time declared they durst not do it because it was forbidden by the Christian Laws And whereas against our Interpretation of the words it may be objected n. 7. First Obj. 1 That it makes wicked Magistrates the Ministers of God to us for good the Powers ordained of God yea that according to it even Vsurpers if they can once obtain quiet Possession and the consent of the Nobility and of the Commons must also be the Ordinance of God for the time being This I confess is true Answ but then it seemeth to be only that which Scripture which Antiquity which Reason and the Law of this our Nation doth allow and justifie For of those wicked Enperors forementioned it is that St. Paul saith They are the Ministers of God to thee for good to them it is St. Peter doth require Subjection 1 Pet. ij 14. as to men sent for the punishment of evil doers and for the praise of them that do well And even of the Power of Pilate to condemn our Saviour Christ doth himself confess That it was given him from above Joh. xix 11. And Reason saith the same for even under wicked Magistrates Justice is executed Offenders against the Lives and Lively-hoods of others punished and Peace preserved and from their Government it is that we are kept from the Insolencies of Thieves and Robbers from barbarous Assassinations and all the miseries of Anarchy For take away the Higher Powers saith St. Chrysostom and all goes to wreck Chrys in Rom. Hom 23. Tom. 3. p. 191. neither will City nor Country nor Family nor Assembly nor ought else stand the stronger will devour the weaker and all things will be turned upside down So that we do in some measure receive that good from the most wicked and depraved Governors which without Government we could not have Accordingly the ancient Christians say in General of those Kings who were not very good at least many of them in their times That they are the Ordinance of God That by his command Kings are Ordained Theoph. ad Autol. l. 1. p. 76. That they were appointed by God That they received their Government from above That the Emperor derives his Government from him from whom he doth receive his breath Iren. l. 5. c. 24. Tertull. Apol. c. 30 33. ad Scap. c. 2. That he is the Man whom God chuseth and therefore must be loved by Christians who know he is appointed by God and that he makes them Governors over the Nations Legat. pro Christianis Apud Eus H. Eccl. l. 7. c. 11. Apud Athanas Ep. ad Solit. Vit. agentes Athenagoras saith of Aurelius and Commodus You have received the Kingdom from above Dionysius of Alexandria of Valerianus and Gallienus God hath committed the Kingdom to you Hosius of Constantius who laboured might and main to introduce the Arian Heresie into the Church against those Imperial Laws which had established the Nicence Faith That God had given to him the Empire Paulinus of Trier Lucifer of Calaris Eusebius of Vercelli and Dionysius of Millain That God gave to him the Kingdom Athanasius Apol. ad Constant De Civ Dei l. 5. c. 21. That God by his Word had given the Kingdom to his Servant Constantius He that gave the Government to Marius saith St. Austin gave it to Caesar he who gave it to Augustus gave it also to Nero he who gave it to the Vespasians most sweet Emperors gave it also to the most cruel Domitian and he who gave it to that most Christian Prince Cnstantine gave it to Julian the Apostate Tho he be wicked abominably wicked though he commit Ten thousand Evils and do the worst of mischiefs to us saith St. Chrysostom yet he is a King a Governor one to whom the Government is committed and therefore to be reverenced and not to be despised for his wickedness but revered for his Dignity But yet it may be said n. 8. How true soever this may be of an evil King who hath a lawful Title to his Government it seems strange and incongruous to assert That he who is only King de facto and so can only Exercise that Government which doth of Right belong unto another should be the Ordinance of God and it is liable to these great Objections and Absurdities 1st That which renders a man an Usurper of another Man 's Right without due Title or Admission to the Exercise of that Right can never render him the Ordinance of God to which I owe Subjection and Allegiance but that which makes him only King de facto in opposition to a King de jure makes him an Usurper of another Man 's Right without due Title or Admission to the Exercise of that Right 2dly The Precept Let every Soul be Subject to the Higher Powers cannot agree to him who is only King de facto in opposition to him that is King de jure for this Subjection doth not only signifie a Passive Obedience or Non-Resistance but an active Execution and Observation of all his lawful Commands the Contribution of Taxes to his Support and Maintenance our Assistance and Endeavours to keep him in his Station by our Arms Purse our Counsel and our Prayers our Love Reverence and Honour of him In a word our Fidelity and Allegiance to him against all others Now can all this be due to a King de facto in opposition to him whose Right it is 3dly It is Damnation to resist the Power ordained of God in favour of any other person but can it be Damnation to resist him who is only King de facto in Favour of a King de jure to whom assistance must be due de jure If so then what just War can he made for the Recovery of his Right or why did Jehoiada not only Depose but cause Athaliah to be Murthered for the sake of Joash 4thly The Power is the Minister of God or one Commissionated and Deputed by him for the same Dependance that a Subordinate Magistrate hath
controversia jura Majestatis habent per se singulis civibus nec universis fas est summi principis vitam famam aut fortunas in discrimen vocare sive vi sive judicio constituto id fiat Their Kings have all the Rights of Majesty within themselves and 't is not lawful for any of or all their Subjects to bring their Lives Fame or Fortunes into jeopardy either by force or way of justice But as for the Emperor of Germany Charles the Fifth Tyrannide cives ad Rempublicam oppressit cum jura Majestatis non haberet Divin Dial. par 2. p. 81. He by his Tyranny over his Subjects when he had not the Rights of Majesty forced them to resolve themselves into a Common-wealth And from that of Dr. More That * Lutherus semper docuerat Magistratui non esse resi stendum extabat ejus de hac re libellus cum autem in hac deliberatione periti juris docerent legibus esse permissum resistere nonnunquam nunc in eum asum de quo leges inter alia mentionem faciant rem esse deductam ostenderent Lutherus ingenuè profitetur se nescivisse hoc licere Sleid. Comment l. 8. p. 195. Luther would never assent to the Consederacy of defensive Wars at Smalcald till he was throughly instructed by the learned in the Law touching the Constitution of the Empire of Germany that by the Magna Charta of that Empire the Princes of the Empire are invested with such Rights as if they be violated by the Emperor it is lawful for them to take Arms and resist Sine Rebellionis insidelitatis crimine Without the Crime of Rebellion and Vnfaithfulness and that the Emperor had viovated those Rights Much less are we constrained to fly to such Assertions as these viz. The Homilies of Obedience do no where teach Submission to lawless Violence Mr. J. p. 73. but only to lawful Authority and the Homilies against Rebellin speak not one word of submitting to mauthoritative or lawless Violence Serm. of Obed. Par. 2. p. 72. of Reb. p. 277. Whence it must follow that Princes have lawful Authority to be sharp and rigorous and wrong doers to abuse their power Pag. 74 75. Hom. of Rebel p. 287 288. to do all wrongs and injuries to them who will not obey them against God's Commandments to be mortal Enemies seeking the Lives of their Subjects to be naughty cruel Princes Princes that be to their good Subjects mortal Enemies Princes that are hurtful or like to be hurtful to the Common-wealth For whosoever reads those Homilies honestly and carefully will find in them almost as many Passages as Pages requiring Obedience to such Princes 4. n. 5. We may still with our Forefathers condemn those Romish Doctrines which ascribe unto the Pope a power of crubing the deposing Princes Bish Morton's discovery of the Rom. Doctrine in the Case of Conspiracy and Rebellion p 9 15 19 37. in case of Heresie perverting of Faith and persecution of their Catholick Subjects which pronounce it lawful for Catholioks to break Faith with Hereticks to do evil that good may come to use fraud falshood and injustice treachery and dissimulation for the benefit of holy Church we may as they have done before us condemn those Principles as Rebellious which set up a Democratical or Monarchical Power of People or of Pope over Princes which dissolve the Oath of Obedience to Princes which countenance the violating Faith with men of divers Religions which allow the Doctrine of forcible Deposing of Princes from their Thrones I say We may still do all this without fear of having that of the Apostle retorted on us Thou art inexcusable O Man Rom. ij 1 3. whosoever thou art that judgest for wherein thou judgest another thou condemnest thy self for thou that judgest dost the same things And thinkest thou this O Man that judgest them who do such things and dost the same that thou shalt escape the judgment of God. For we by taking of the Oath of Fidelity and Allegiance to King William and Queen Mary upon this Principle approve of no Democratical Power over our Sovereign Lord the King No forcible deposing of Princes from their Thrones but without farther enquiry after their Right if we find them setled by the Naitons Representatives in quiet Possession of the Throne give them Faith and that Allegiance which our Laws have made due to every King in the Possession of the Realm And lastly we allow of no other Absolution from our former Oaths than that which Casuists of all Perswasions do admit of viz. By the Cessation of the matter of our Oath King James now ceasing to be King in Possession and so in the Law Sence to be our King. 5thly n. 6. We may also retain our old Sence and Exposition of St. Paul and Peter viz. That the present Powers which by the Law are such be they such as duly use or do abuse the Power committed to them such as according to their Duty are the Ministers of God for good Or such as prove eventually the Encouragers of evil Doers are still the Ordinance of God and therefore he that doth resist them shall receive to himself Damnation and are not by our Principles obliged to restrain their words unto such Princes as are in Fact as well as Duty the Ministers of God for good but only to such Princes as by the Tenor of our Law become our Sovereign Lords however they demean themselves in the Exercise of the Government and so we are not concerned in these Objections against the other Interpretation 1. That it rather seems to make the Discourse of these Apostles an Exemption from Subjection and Obedience to the then present Powers and an allowance to them than any Obligation to be subject and obedient to them they being not in Fact as well as Duty the Ministers of God for good but most unnaturally and barbarously Cruel of a most savage bloody Temper as is recorded in the Roman Histories touching Tiberius Claudius Caligula and Nero or if such persons were to be obeyed without Resistance as being the Ministers of God for good who then may be resisted for not being so 2. It plainly seems to lay upon the Blessed Apostles the imputation of Dissimulation and acting not according to that Simplicity and Plainness as might have reasonably been expected from the Discpensers of the Gospel for without any limitation or exception they require every Christian Soul to be subject to the Higher Powers for Conscience sake and upon pain of Damnation never to resist them They declared to the Heathen World That Christianity required all its Professors how ill soever they were treated how cruelly soever they were persecuted how wrongfully soever they did suffer from them to suffer with the greatest patience and never to take up the Sword for their Defence against them but after the Example of their Lord when they thus suffer not to revile