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A44655 A letter to Mr. Samuel Johnson occasioned by a scurrilous pamphlet, intituled, Animadversions on Mr. Johnson's Answer to Jovian in three letters to a country-friend : at the end of which is reprinted the preface before the History of Edward and Richard the Second, to the end every thing may appear clearly to the reader, how little of that preface has been answered / both written by the Honourable Sir Robert Howard. Howard, Robert, Sir, 1626-1698. 1692 (1692) Wing H3000; ESTC R4333 26,604 76

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misguiding Meteor of Arbitrary Power I also considered the Proceedings of the Government in the latter part of King Charles the Second's Reign and the short Reign of King James the Second and perceived how exactly they followed the steps of these two unfortunate Kings and I then expected to see a Revolution resembling theirs When King Charles had prepared things ready for Popery and Slavery he seemed no longer useful to those that eagerly waited to assume that Power that the Papists had guided him to make ready for them and as his Actions were like those misguided Princes I believe his Death as much resembled theirs and was equally as violent There was not a particular Action of any note of these two late Kings that did not seem copied from those two unfortunate Princes the Interest of England prostrated to that of France the murdering of great and considerable Men the violent seizing the Rights and Liberties of the City of London the Quo Warranto's on Corporations consequently on the Nation Laws prostrated to the King's Will Westminster-Hall fitted with proper Judges for that Design And as in King Richard the Second's time by resolving the Queries of the Earl of Suffolk the Judges made the King the sole Judg not only of Law but whether there should be any Law or no and the Offence against his Will became the only Treason so the apt Judges of the King's-Bench in the Case of Sir Edward Hales resolved the same though in another manner but in a more seeming abstruse way as if they endeavoured to shew Modesty in Nonsense First they declar'd the Laws were the King's Laws and in case of Necessity the King was to judg of those Laws and then that the King was Judg of the Necessity And lastly as my Lord Coke says to bring the worst Oppression upon us which is done by the colour of Justice they did not only attempt to corrupt the Law by poison'd Judges but by packing Parliaments endeavour'd to confirm the begun Slavery by Statute-Law There was only one sort of Mischief and the greatest that those two unfortunate Princes had no occasion to be equal in with our two late Kings especially King James for they being then of the same Religion with the People could not endeavour the subverting of it so that K. James had a peculiar Tyranny to exceed them in This threatning Storm upon the Souls of Men was providently foreseen by the Parliaments of Westminster and Oxford who therefore press'd the Point by a Bill of Exclusion to secure themselves against a Popish Successor I was a Member of both those Parliaments wherein the Debates seem'd to me very clear and almost unanimous and they were too well justified by the Popish Successor when he came to the Crown for he made good the Foundation of their Opinions and Apprehensions that such a one could never defend a Faith that was contrary to his or be a Father to those he believ'd no Sons of God as if it were possible that his Concern should be for their Liberties that his Opinion had delivered up to eternal Slavery The truth of this appearing by his Actions has by this time I hope bred a repenting Consideration in such as strenuously supported that which was so near bringing a Ruin on us all and had not this King brought us such a timely Redemption we had practised Passive Obedience against our Wills and in our Souls and Bodies felt the Misery of that Doctrine the Encouragement of Destruction But yet we see a History of this Doctrine of Passive Obedience new put forth which is no better than an Arraigning this present Government and all those that contributed to this happy Change which shews as if there were some that would rather see the violent Destruction of their own Religion than disturb the quiet Settlement of Popery as if it were more Religious to suffer God not to be worshipp'd than to pull down an Idol set up by a King as if we were to believe he had a divine Right to consecrate Idolatry but I leave that zealous History under the Execution it has receiv'd from the Excellent Mr. Johnson in his short Reflections upon it which can receive no greater a Character than to be like himself and his other Writings both which were victorious in the midst of all his barbarous Persecutions And as the Nation receiv'd the benefit of his Writings and Example I doubt not but he will share a Reward proportionably to the Assistance he gave to their Redemption It will not be improper therefore to consider the Cases of those two Princes Edward and Richard the Second who were deposed by the People in their Representatives presuming they had a Right to re-assume that Power which was derived from them when any Prince forfeited the Trust they had placed in him and acted contrary to his Executive Office and they expresly declared to King Edward the Second that if he did not freely consent to a Resignation they would not elect his Son Edward but such a one as might be proper for the Good of the People tho no Relation to his Blood and the King returned his Thanks That since they had taken such a Displeasure against him that they would yet be so kind to his Son Nor has this Electing of Kings been so unusual in England since seldom any Government has had more broken Successions But before I proceed to shew how this Right was and continues in the People I will take leave briefly to shew what a Prince is according to their Doctrines that have with an unlimited Zeal asserted Passive Obedience and the Laws to be only the Properties of a King 's Arbitrary Will I remember when Julian the Apostate came out many of the Clergy seem'd very much disturbed and as I was informed there was a Club that assisted the Answer to it called Jovian I mention this that when from thence I set down the Positions of that Doctrine of Passive Obedience they may be look'd upon as the sharpest Arrows they could draw from all their Quivers and then if any Weakness or Contradictions appear in them methinks the War should be at an end when the Joint Forces under a chosen Hector are defeated and the Rout and Disorder comes from their own Opinions that fall foul upon one another In many Places of Jovian an unlimited Passive Obedience is prescrib'd as a general Remedy in all Publick Diseases that is Destruction is the best Recipe against Destruction and the Disease is to become the Cure But the Author having heard of such a thing as Laws and not knowing how to put them out of the way to make room for this Doctrine which makes a Destroyer lawful he finds out a Diamond to cut a Diamond and a Law never heard of to destroy the known Laws in these sublime Words The Political Laws are made to defend the Rights of the Subject but in case the Soveraign will Tyrannically take away a Subject's Life
not to be violated by any pretence of Power 't is this true Understanding and undivided Interest of the King and People that must secure and preserve the Honour and Safety of the Government and the shaking of both must always proceed from the temptation and apprehension that Passive Obedience and the Imperial Law must infuse into the King and People The next Dirt he would throw upon me is by a Side wind and performed with as little Dexterity as the rest of his random-Flings his Words are these I think he is as little obliged by a third Person who eased him of the drudgery of turning the Bible for Scripture-Examples of the Original Contract for had Sir R. H. used his own Eyes in the search he would have seen that the Instances of David and Jehoiada are no proofs that they were Pacta conventa c. Here he still persists in his usual Confidence to tell me I have not read what I have read for I did use my own Eyes and never the assistance of a third Person but he is pleased to call turning the Bible I suppose he means reading it a Drudgery he would not own I believe that he thinks reading or searching the Scripture a Drudgery but I suppose by his usual uncharitable Methods he would have it believ'd that I do If he means it of himself I ask him pardon for being so charitable to him if he would fix it on me 't is certainly one of the most uncharitable and groundless Scandals his Passion could have invented and at the same time gives himself a Character more like a Member of the Inquisition than of the Church of England who endeavour without proof or reason to raise Scandal and Persecution which Method this nameless Gentleman has practis'd with as much uncharitable Violence as any of those fierce pretenders to Religion have usually done But without thinking it a Drudgery I will use my own Eyes and cite some Verses of Scripture The first when David had seasted Abner Abner said unto David I will arise and go and will gather all Israel unto my Lord the King that they may make a League with thee and thou mayest reign over all that thy Heart desireth Here it seems a League was thought necessary that the King might reign According to this all the Elders of Israel came to the King in Hebron and King David made a League with them in Hebron before the Lord and they anointed David King over Israel And in another place Therefore came all the Elders of Israel to the King to Hebron and David made a Covenant with them in Hebron before the Lord and they anointed David King over Israel c. And Jehoiada made a Covenant between him and between all the People and between the King that they should be the Lord's People And 't is yet more distinctly set down in another Place And Jehoiada made a Covenant between the Lord and the King and the People that they should be the Lord's People between the King also and the People I hope now my angry Enemy will give me leave to say I have used my own Eyes and find his very dim or else will not see the plainest Words if against his Humour But to invalidate these Proofs he objects That we read of no Covenant made with the Men of Judah who anointed him King immediately on Saul's Death And the Men of Judah came to Hebron and there they anointed David King over the House of Judah I know not how he would use this unless he means that because a Covenant was not express'd here therefore there was none spoke of any where else it may rather imply that there was such a thing because the People assembled as they us'd to do at other times when a Covenant was made But I trouble my self needlesly with such a frivolous shew of an Argument and with his ridiculous Attempt by his own notional Commentaries to try to puzzle the clear Instances of David and Jehoiada telling us that David's Covenant with the Elders was a plain Treaty of Peace and that Joash was under Age and therefore uncapable of contracting for himself though the Scripture does say directly that a Covenant was made between the King and the People But all that can be said is that the Scripture differs from his Opinion but 't is enough that here 't is expresly shewed that the People were made Parties But this nameless Author might have spared these weak Endeavours and used the Distinction that helps at all needs of Political and Imperial Law and then he needs not fear to allow these to be Covenants according to the Political Law since by the Imperial Law the King may choose whether they shall be valid or useful and so there needs no dispute whether a Covenant be a Covenant or no which indeed was all the Question here His next Assault proceeds in the method of an Inquisitor in these Words I might observe to you how little Reverence Sir R. discovers for Christian Religion and amidst all his Zeal for it takes the liberty to make sport with the Baptismal Vow and calls the dreadful Judgment which must pass on Kings as well as their meanest Subjects a pretended Account to be made up only with God The nameless Author has pull'd these two Places together to make an accumulative Charge but that of the pretended Account is at the latter end of my Preface and I shall give a separate account of it But first give me leave to observe to you how maliciously he endeavours to gain a belief of his own Truth and Ability that he could make appear how little Reverence I discover for Christian Religion I appeal to any that has perused how this Gentleman if he be one has treated me whether they can believe that he would admit any thing that might fix the deepest Scandal upon me and if he could have made evident what he would have others believe he could he would certainly have changed his Stile and instead of I might he would have said I will now observe to you how little Reverence Sir R. discovers for Christian Religion c. But this is suitable to his Method of shewing that his Malice exceeds his Understanding But to make this appear yet more clearly I will set down this Passage in my Preface in which he pretends he might find out that I make sport with the Baptismal Vow In that Place taking notice how Dr. Hicks having muster'd up many Tyrants to mould into one King yet affirms that such an Idolater and complicated Tyrant is not capable to do so much Mischief as opposing him will cause upon which I made this Reflection He could have invented but one Strain higher for the Cause of Passive Obedience by adding the Devil to the Idolater and complicated Tyrant and then our Passive Obedience would have taught us to submit to what in Baptism we promised to fight against the World the
possession of the Place where he was when he agreed and seal'd the Security And by the same reason it appears that the King of France has as much Right to govern us as a King of England to govern us for every Prince has equal Right to Slaves for Power is all the pretended Right to Slavery And if the Contract between King and People be implicit there is certainly but an implicit Difference between Slaves and Subjects By this Religious Duty of Passive Obedience equally paid to just and unjust to legal and illegal Power the Sacrifices offered to God are the perswasion to Tyranny the security of Mischief the encouragement of Sin the destruction of good Men and the preservation of the Bad Lastly the justifying of Wrong by Divine Right and a pretended Account to be made up only with God to defraud his People of their just Rights here But I hope this late Happy Revolution has satisfied every undesigning Heart beyond all Arguments and shewed the Falseness of their Reasons as well as prevented the Mischiefs of their Doctrine since contrary to their Assertions we have seen Opposition with much less expence of Blood than Submission would have suffered to be spilt and Arbitrary Tyranny changed into a Limited Monarchy FINIS Jovian pag. 211. Jovian p. 274. Calvin in Dan. 4. 25. Zuinglius Tom. 1. Art 42. Pet. Mart. in Jud. c. 3. 2 Sam. 3. 21. 2 Sam. 5. 3. 1 Chron. 11. 3. 2 Chron. 23. 12. 2 Kings 11. 17. ● Sam. 2. 4. Zuinglius Tom. 1. Art 42. When Kings reign perfidiously and against the Rules of Christ they may according to the Word of God be deposed I know not how it comes to pass that Kings reign by Succession unless it be with consent of the People When by consent of the whole People or the better part of them a Tyrant is deposed or put to Death God is the chief Leader in that Action Cal●in on Daniel ch 4. v. 25. In these Days Monarchs pretend always in their Titles to be Kings by the Grace of God which they pretend that they might reign without Contract for to what purpose is the Grace of God mentioned in the Title of Kings but that they may acknowledg no Superiour So it is therefore a mere Cheat when they boast to reign by the Grace of God Abdicant se terreni Principes c. Earthly Princes depose themselves while they rise against God Bucer on Matth. If a Soveraign Prince endeavours by Arms to defend Transgressors to subvert those Things which are taught in the Word of God and bears himself not as a Prince but as an Enemy and seeks to violate Priviledges and Rights granted to Inferiour Magistrates or Commonalties c. they ought to defend the People of God and maintain those things which are good and just For to have Supream Power lessens not the Evil committed by that Power but makes it the less tolerable by how much the more generally hurtful Peter Martyr on Judges c. 3. Approves the Proceedings of the Parliament against Richard the Second Par●us on the Romans They whose part it is to set up Magistrates may restrain them from outragious Deeds or pull them down but all Magistrates are set up either by Parliament or by Electors or other Magistrates they therefore that exalted them may lawfully degrade and punish them Fenner Theo. They who have Power that is a Parliament may either by fair means or force depose a Tyrant Guilby de Obe Kings have their Authority of the People who may upon occasion reassume it Goodman on the same Subject If Princes do right and keep promise wich you then do you them all humble Obedience if not you are discharg'd and your Study ought to be in this case how you may depose and punish according to the Law such Rebels against God and Oppressors of their Country Christ. Goodman and Fenner were two that fled from the bloody Persecution in Q. Mary's Days and this Goodman had preach'd many times upon the Doctrine concerning Obedience to Magistrates which he was desired to publish in a Treatise as is testified by Whittingham in the Preface Bracton Fortescue Bracton K. Edw's Laws Fortescue Bracton Grotius de Jur. Bell. ac Pac.