is certain that there was a time when the People had no Kings but afterwards when Lands Possessions came to be divided there were Kings ordained for no other case but only to exercise Justice c. Not only the People but also the King to be subject to the Laws c. If a King contemn and despise the Laws violently rob and spoil his Subjects deflower Virgins dishonest Matrons and do all things licentiously and temerariously do not the Nobles of the Kingdom assemble together deposing him from his Kingdom set up another in his place which shall swear to govern uprightly and be obedient to the Laws Fox Acts and Monuments p. 762. Ed. 1684. The Substance of which is that he who hath Sovereign Power or Authority but limited by certain Rules or Conditions which he hath sworn to observe If such an one shall become a Tyrant it is in the Power of the States and Peers of the Realm to restrain him for saith he the Office of the Subject is twofold ordinary in respect to Time Place and Imployment they have in the Common-wealth the other extraordinary which is to be exercised according to the Circumstances of Affairs which can be bound by no certain Rule except that of the publick Safety which must ever be consulted for and which * Lib. de repub Quo fit ut leges non solum populum sed reges etiam obligare sciamus at si regem contemnere leges Raperebona subditorum violare Virgines stuprare matronas omniaque suae libidini temeritati committere vidiamus numquid Congregatis regni proceribus illo summot◠alius sublimabitur qui bene gubernare juret legibus obtemperare Aen. Sylv. de gestis Con. Basili Bodin calls Suprema lex But if Monarchy be absolute and under no Restrictions we must then patiently suffer the most unjust Exercise of Power there being no other appeal but only to the Divine Tribunal Thus Daniel paid Allegiance to Nebuchadnezzar and our Saviour to the Roman Emperor Pareus de potestate civili Propos Primâ saith Episcopi pastores magistratibus suis impiis aut injustis possunt ac debent resistere non vi ant gladio sed verbo dei That is Bishops and Pastors must not resist evil Magistrates by force or by the Sword but by the Word in which he speaks honestly for the Weapons of our Warfare are not carnal but spiritual In his second Proposition he saith Subditi non privati sed in magistratu inferiori constituti adversus Superiorem magistratum se rempub Ecclesiam seu veram Religionem etiam armis defendere jure possunt c. That is not private Subjects but such as are placed in an inferior Order of Magistracy may by force of Arms defend themselves and the Common-wealth the Church or the true Religion without the Breach of any Law Supposing the Supreme Magistrate be degenerated into a Tyrant an Idolater and is become highly oppressing of the People provided they act sincerely and for the publick good because he saith Princes are bound by their own Laws Imperator testatur incodice se contra jus nolle ut sua decreta injudiciis locum habeant sed debere Irrita fieri si fortasse cognoscantur à justitiâ discedere c. Lib. 4. Cod. de leg Prin. Adeo digna est vox Majestate regnantis legibus alligatum se Principem profiteri That all his Commands contrary to Law were void and that it was a Saying becoming the Majesty of a Governour that a Prince is bound by Law Trajan was commended by Dion who giving the Sword to the Praetor used these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is take this Sword if I rule well use it for me if ill against me But as to private Persons he saith Moriendum potius quam resistendum Yet for several Reasons I cannot take his Words in the Sence which that excellent and learned Person D. Fabritius would put upon them restraining his Meaning to the Princes of the Empire who are Sovereign Princes and invested with Royal Power It never being a question whether such had Authority for the Preservation of their Rights and redress of Injuries to levy War against another Prince though in some respects greater than themselves But if in no case the Nobility and Commonalty of a Nation may interpose to prevent the imminent Ruine of the Church and State it would be very difficult to vindicate the late Revolution as is already hinted from those severe Imputations by such as have very little good will to our Sion cast upon it I shall not in so great a case interpose mine own Judgment it being easie to prick our Fingers in such a Thorny question Yet I may say if any for the breaking of their Yoak have ascribed too much to the (b) Though the Bishop of Burgen to prove the Church above the Pope argued from an unexpected Topick endeavouring to prove the Body of the Kingdom to be above the King To which Tho. Corsellis agreed Adductoque intestem summo omnium Philosophorum Aristotele dicebat in omni regno bene instituto illud in primis desiderari ut plus regnum posset quam rex Si contra reperiretur id non regnum sed tyrannidem dici debere Aen. Sylv. degest Con. Basil People granting them too great a Liberty of contesting their Rights with their Sovereigns others in hopes to espouse Princes to their Interest in grieving and oppressing their Dissenting Brethren have beyond measure fawned upon and flattered them till they nurst up the best tempered Monarchy upon Earth into an intollerable and tyrannick Exercise of Regal Power But this is a digression which by pursuing the Extravagancies of some Mens Opinions I have been led In which if I proceed a little further being once out of the way I must beg the Readers Patience and Pardon For having perused the Case of Allegiance due to Sovereign Princes by W. S. I could not but with very much regret observe that in the whole drift of that Discourse we can find little or none other Argument to enforce our Allegiance to King William c. than what would bespeak it for the greatest Usurper and Intruder who hath had the good Fortune to gain an actual Possession of the Crown which looks to say no worse very ungratefully upon him whom the Lords Spiritual and Temporal invited over and who by the universal Consent and applause of the People declared by their Representatives in Parliament was invested with the Royal Government and to whom we owe next to the Divine Providence all that is dear to us To reflect then so unworthily upon him as if he were no better than one who usurps the Government and that hath no further Right to the Kingdom then what Power Possession and Success can convey to him seems no way reconcilable to Duty or good Manners This Author in his Preface tells us that he never did any thing to cause the World
who despised a Crucified Saviour and in a literal Sense were Enemies to the Cross of Christ in opposition to which Gainsayers they by the frequent use of it let them see that they were not ashamed of the Gospel and that God forbad that they should glory in any thing save in the Cross of Christ But this Practice did not long preserve it self from a Superstitious Taint the Primitive Christians thinking nothing well done without it such was their Opinion of it yea into a direct Idolatry did this Superstition degenerate that in succeeding Generations it came to be adored and worshipped Prayers being by the Church directed to it as to God himself which Aquinas alledges * cantat enim Ecclesia O crux ave spes unica c. 3. q. 25.4 in Justification of the Conclusion he makes concerning its Adoration in the highest degree Crux Christi saith he in qua Christus Crucifixus est tum propter representationem tum propter Christi Contactum latriâ adoranda est Crucis vero Effigies in aliâ quavis materiâ priori tantum ratione adoranda est That is the Cross of Christ upon which he was crucified in respect of its Representation as also because it (a) And might not the Lips of Judas by the same reason be adored with Divine Honour toucht the Body of Christ is to be worshipped by the highest Worship But the Effigies or Figure of the Cross of what Matter or Mettal soever it is made of in the first respect only viz. its Representation is in the same manner to be worshipped Nor is this the Freak or Fancy of this single Doctor only but the stated Judgment of the Roman Church otherwise she would never allow it to be solemnly prayed to in her publick Offices In domiâ—ica de passione domini in hymn Cantat enim Ecclesia O crux ave spes unica hoc passionis tempore â—â—ge piis justitiam reisque dona veniam That is hail holy Cross our only hope in this time of Passion give an increase of Righteousness to holy Men and to the guilty Pardon of Sin Can those Churches be blamed which already have or ours if now it should lay aside such Rites as have been and yet are so unreasonably abused to Superstition and Idolatry The Conclusion which the Canon Law hath made in the like Case seems very rational viz. Supposing our Ancestors have done some things which might at that time be blameless Dist 6. Cap. 3. Quia and afterward be turned to Superstition and Error we are taught by Hezekiah's breaking the brazen Serpent that Posterity may destroy them without any delay and with great Authority And that which makes us hope that our Lawgivers may in due time give ear to the Requests so often made both by those which are within and without the Communion of the church of England and fulfil the repeated Promises which have been made of taking away the Occasions or Causes of its Schism is that our Church it self lays no great * As we have had more than once occasion to take notice of stress upon this Rite For in the Rubrick of private Baptism it allows that Sacrament to be compleat and sufficiently administred without it where the essential parts viz. the Matter and Form as by Christ prescribed be observed though this Humane addition should be omitted Seeing then our Forefathers have had so moderate an Opinion concerning it Besides the modesty of our Desires which are not to have the Breast-plate of Righteousness or Holiness to the Lord in the least defaced or expunged but only that a Bell may be taken off the Ephod which hath rung Awk in the Ears of many weak yet very true Sons of the Church We hope therefore c. Obj. But though the Rubrick injoins not the Sign of the Cross to be used in the private Administration of Baptism yet it binds the Parents to bring the Child into the publick Congregation and all the * Which are the Words of B. Sparrow in his Rationale if I mistake not for I have not the Book to consult and I have not lately read it Pomp and Ceremony is to be observed as in publick Baptism Res That the Rubrick recommends it I grant that it binds or commands I deny The Words in the Common Prayer are these viz. Yet nevertheless if the Child which after this sort is baptized doth afterward live it is expedient that it be brought into the Church to the intent that if the Minister cerof the same Parish did himself baptize that Child the Congregation may be tified of the true Form of Baptism by him privately before used And nothing more than a bare Certificate according to the Rule is needful where Baptism hath been administred by the Minister of the Parish Whatever the Author of the Rationale hath affirmed to the contrary But suppose it baptized by a Stranger 't is not in that case positively commanded that the Child be brought into the Congregation But the Judgment of the Church declared that it is a thing expedient or fit Seeing then it is not a Ceremony of that use now as it was among the Primitive Christians who too soon caused it to degenerate into Superstition besides that many of our Brethren are by it driven from our Assemblies suffering their Children to die unbaptized as of mine own knowledge I can testifie or at best forc'd into separate Communions to avoid that Rite by which means the Breach is widened and the Schism made more inveterate And seeing our Church hath that moderate Opinion of it that the Omission of it is no prejudice either to the Sufficiency or Lawfulness of the Act. Why should it be thought by any unreasonable for us to intreat our Superiors for an * The Rubrick of the first Book of Edw. the Sixth commands that the Child be signed by the Minister on the Breast as well as on the Forehead Now seeing this is omitted Why may not that on the Forehead be left indifferent Abatement in this respect Of Kneeling at the Sacrament of the Lord's Supper III. A Third thing which hath caused several to stumble and fall from us is the Posture of Kneeling at the Sacrament of the Lord's Supper We all agree in this that the utmost Humility Reverence and Thankfulness that we can pay to the Almighty for his ineffable Love to Mankind commemorated in that holy Office is not the half that is due the way of payment is only questioned The Tribute of Honour is not denied though it be doubted by such as dissent from us whether the Coin we are prescribed to pay it in be current If we agree the substantial part of our Duty is it an insuperable difficulty to find a Temper by which we might accord no greater difference Is it not a spot which will scarce ever be taken out of the Ancient Church that the different Calculation of Easter should breed such irreconcilable Feuds
to take him for dishonest or a Fool As to the first I am very loath to call a Man a Knave without great Grounds for it especially a Minister upon whose Personal Reputation much of the Success of his Ministry depends Conscience I know is a tender thing and more especially ought so to be in the case of an Oath I will suppose that he acted sincerely in his Refusal and out of tenderness to the Faith he had plighted to his former Sovereign and I hope he hath not acted upon any worse Principle in swearing Allegiance to the present Powers and that he hath not the Person of his Prince in admiration because of advantage For many considering the nature of his Argument do think it may justly defeat his expectation of a Bishoprick if he had any such 〈…〉 As for the latter I mean his Wisdom something is to be said for that too for he who upon the Matter challenges an whole Party of Men to try their Skill with him had need have his Wits about him I find his Wit was once commended for refusing to give an Answer to Antisozzo and the Reason which himself gave for it was because he would not make the Dispute a trial of Wit But he hath given a fresher Argument still than this viz. That he wrote his Case of Allegiance under a just and moderate Prince who notwithstanding the smartest Reflections upon him being satisfied with the Testimony of a good Conscience and sincerity of his Designs did as Saul when they said this Man shall not reign over us and brought him no presents yet he held his peace Had he lived in a Reign when Men suffered by Innuendo's he might have found it much harder to have defended himself against an Impeachment for his Crime against the State than his too late Submission to the present Government The Crowns of Princes are heavy enough of themselves without the exceeding weight and guilt of Usurpation or Intrusion into another's Right being added to them King William would pay dear for his Kingdom to purchase it at the price of a good Conscience and loss of a far better Inheritance and the Providence of God placing him upon the Throne will prove no very good Plea for holding the Possession of it against the just Claim and civil Right of another For though the Providence of God may make use of the unjust Actions of one to punish justly the Sin of another yet the Injustice and Violence of such dealings can no way be excused by the disposal of an over-ruling Providence directing bad Actions to work a good End If a Person stronger than I by virtue of his Power or Interest take away my Goods God by such means may punish me perhaps for my Sins yet it will be a very insufficient Plea on his part before God or hi◠own Conscience For those whom the Lord hath made use of as the Rods of his Anger he hath afterward cast into the Fire notwithstanding they have effected his Will upon others who have sinned against him and whom he hath justly punished by such means for their offences And therefore it will be worth the inquiry whether our King be so only de facto or de jure for if he wants a civil Right his Possession will not make his Chair of State easie be it never so august or great nor quiet his Conscience and Kings have Consciences as well as other Men For though he accounted not his Life dear to him nor too much to hazard for the rescuing our Lifes and Properties yet to purchase them with the loss of that which is of more worth than the whole World and all the Kingdoms of it and to live and die in mortal Sin for our sakes would be too costly a Ransome That one Sovereign Prince may levy War against another Quot actionum forensium sunt fontes totidem sunt belli where Matters in Controversie can be no other ways determined is I am sure though I be no Lawyer agreeable to the Law of * Jure gentium inquit Livius ita comparatum est ut arma armis propulsentur Et Florentinus jus esse gentium ait ut vim atque injuriam propulsemus Vim vi repellere licere Cassius scribit Apud Vlpianum idque naturâ comparatum esse viserit See Grotius de jure Bell. pac Lib. 1. Cap. 2. Nations and Nature too That being the last Appeal to him who is the Judge of all the Earth imploring him to determine the Question and to give Victory and Success according to the Merits of the Cause That the Prince of Orange was a Sovereign Prince is no question who by the pretended Birth of a Prince of Wales was barred of his right of Succession an Heir apparent being set up in room of the Presumptive This 't is well known was the subject Matter of various Discourses and the common Entertainment wherever we came the usual Question that was started being De foetu formato Which in every corner of the Nation was lampooned and ridiculed as a Court-stratagem for ever to extirpate Heresie and to settle the Romish Faith in these Kingdoms to all Generations As this made many Infidels at home so it created Unbelievers abroad The Queen when the days were accomplished that she should bring forth was delivered or pretended to be delivered of a Son by which all the Expectations of the P. of O. to succeed in the Government must consequentially miscarry as also the Peoples hopes of securing their Religion in the next Reign became wholly abortive The Prince judging the Crown of England worth a Trial who being encouraged by the Equity of his Cause and Invitation of the Lords Spiritual and Temporal made a Descent upon England not with any design of Conquest witness the small Numbers he had levied to attend him but that a Parliament might be called and the Matters in question without any Blood shed not only relating to himself but the People too who at one Heat were by the Dispensing Power despoiled of their ancient Liberties and reduced to the greatest Slavery yea the best and most equitable Constitution under Heaven sunk into an Arbitrary and meer Despotick Rule and Government But to forestal the Prince and foreclose him as to any Examination in Parliament Witnesses were called Affidavits were made to prove the Birth of the P. of Wales But what were the Witnesses But either Court-Officers and Dependants profest Papists feigned Protestants whose Evidences filled a Paper with such stuff as would sooner turn a Man's Stomach that his Faith For many think that if fair dealing had been designed Proxies would have been allowed at the choice of the two next Princesses of the Blood and Heirs to the Crown to have been present at the Labour who might if what is pretended were true have averred upon Oath that they saw the Queen delivered of this Son by which that long and fulsom Affidavit might have been spared the