bring in a certaine confusion For they tell us obedience is commanded onely to good Magistrates if men intrusted to governe according to Law faile in their duty they cease to be Magistrates for these are defined Dei ministri nobis in bonum The Ministers of God for the good of the Common-wealth so that to destroy such is to resist the men onely and not the power it is a warre against the person onely and not the authority which is none if used against Law because that doth not enable any to destroy it selfe the Law cannot die legally by power is not meant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they may doe by strength but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they ought to doe in right This is the most reasonable doctrine because coherent to it selfe throughout but the most seditious doctrine likewise because it gives a full liberty to the people not onely in a representative body and therefore in the diffusive much more because all the right that can pretend to against the King is derived from this but to any part of them to any private man to resume as some expresse it their power or as others to make use of that power which they never parted with to their owne inconvenience and so all necessity of suffering except when they have deserved it is taken away and Christianity is made a tame madnesse To returne to Calvin whose following words are much abused though I must confesse some conceive them craftily laid downe by him in reference to the time and place when and where he lived and that his designe was to insinuate some small colour in plausible Generalls for that most unjustifiable action of the Citizens of Geneva who had lately cast off their true Prince because a Bishop of a contrary religion after he hath informed us that God requires all private men to obey or suffer though under Tyrants he addes Nam si qui nunc sint populares magistratus c. If there be at this time any Magistrates appointed by Law in behalfe of the people to restraine the licentiousnesse of Kings such as were the Ephori opposed and set over the Lacedaemonian Kings the Tribunes of the people which curbed the Roman Consuls and the Demarchi who bridled the Senate at Athens c. upon this supposition they not onely may but ought to reforme the abuses of government and to doe right to the poore Commonalty whose guardians they are This is undenyably true but impertinent to the present controversie because the People or Nobles cannot challenge that power in a Monarchy with which they are invested under an Aristocraticall or Democratical regiment such as Athens Rome and Sparta were It is very observable by the way that by reason the supreame power was placed in the Lacedaemonian Ephori and Roman Tribunes c. their office made their persons sacred and inviolable They did justly challenge the same impunity which we maintaine belongs to Kings in a true Monarchy for I argue not from the name for though the Duke of Venice were called King it would not inlarge his authority and the Spartan Kings had onely a Royall title but were truly Subjects as we learne from Plutarch and Polybius but from the nature of that power wherewith the constitutions of a Realme doe invest one person Hence appeares the unreasonablenesse of their seditious invectives founded upon some inconveniences because power will probably be sooner abused if any person may doe what he will and not be responsable for his injustice These kinde of Declamations with which their Presses and Pulpits labour strike equally at all government For there is a necessity we should lie open to some possible evils from the abuse of authority or else we cannot provide for greater and certaine goods of common peace and publique tranquillity It is no prudence to cure the miscarriages of government by a legall confusion since even the worst government is lesse miserable then Anarchy I beleeve I can make a full discovery of those wicked Arts whereby crafty men have opened a way to the advancement of their covetous and ambitious designes at the price of publique calamity Tib. Gracchus was excellently learned in those damnable politiques and I desire all indifferent men to judge whether the unhappy disturbers of England have not exactly managed the miseries of this Kingdome according to his principles He proposed some Lawes which might well become a reall lover of his Country Graccus his seditious practises their patterne but his violence in the illegall establishment of them which did evidently tend to confusion did make it apparent that publique pretences were taken up in order to the satisfaction of private lusts Marcus Octavius as his fellow Tribune had the right of a negative voice for if one Tribune dissented no Ordinance could be made which ought to have the power of Law He not able to effect his ends informes the people that this opposition betweene their equall authorities did threaten civill warre and therefore it would concerne them as they loved their owne safety which was the supreame Law to decide this difference by recalling that power which they had bestowed to the end they might receive benefit therefrom but which was now abused contrary to a trust reposed to their prejudice The issue was he prevailed with them to depose Octavius and he made them substitute a meane person one of his dependants But being sensible afterwards that amongst all his illegall Acts this gave most distaste not onely to the Nobility and Gentry who were indued with clearer understandings but even to the slowly apprehending Commons and that it proceeded from lawlesse passion to debase the highest dignity of Tribune of the people and expose that sacred function to scorne and contempt which ever before was justly esteemed inviolable and such as secured the persons from being touched hee brings these colours to excuse that most unpresidented action The Authority of Tribunes is truly sacred and inviolable but for no other cause then as particularly devoted to protect the people and established to advance their welfare If therefore a person thus highly intrusted failes in performance of duty suffers the people for whom he serves to be oppressed and endeavours to abridge their power and denyes to them the meanes of expressing their will and pleasure by his vote for he is but their mouth enabled by them to declare their meaning In this case he forfeits all Prividedges and Prerogatives due to his office because hee thwarts those very ende which first moved the people to bestow upon him such large preeminences for if otherwise we must be bound to sit still while he pulls downe the Capitoll or sets the Navy on fire and notwithstanding any violences or whatever exorbitancies of his lusts and wildest passions tamely to obey him as our Tribune that is such an one who by vertue of our trust for the improvement of our safety usurpes a right to cut our throats and is
the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at
must choose the least evill which is not to resist and by endeavouring to save our goods or bodies to loose our soules Certainly if we were as truly religious as we would be thought to be we have not any cause to be troubled though these things should happen to us No hard Law to require from us Non-resistance If our patience in submission to his precept be chargeable we make God our debtor all the taxes and tributes are put upon his accompt and he will returne them in as plentifull measure as if we had spent so much charitably and we cannot lay out our estate better The Magistrate is Gods receiver as well as the poore He commands part of our revenues in him in those he seemes to intreat that is to pay debts this comes nigher to a courtesie and therefore we might better excuse our uncharitablenesse then our resistance But what if their cruelty extend to the farthest and endeavour to take away our lives wrongfully These are justly deare to men and much is done to draw out a few yeares notwithstanding our comforts are interwoven with sorrowes our feares are oftentimes above our hopes most of our dayes are cloudy and over-cast with melancholyes and the discontents arising from our wants which are as vast and unbounded as our desires to have are much greater then the narrow pleasures of enjoyment which is confined to a few things the stroaking of fortune being not so delightfull as her blowes are grievous but what value ought we then to set upon eternall life how highly ought we to prize those everlasting joyes which still quicken and still satisfie the appetite and what should we not suffer rather then forfeit these This is the present case He that by resisting saves his life a doubtfull good and of no long continuance looses that happy being to which God hath promised to such as submit to his commands and he that looses his life is a great gainer he falls a Martyr of justice and shall be raised a Saint into glory The same obedience which God required of the Jewes under the Law to be shewne to their Judges and Kings The same duty of Non-resistance injoyned by Christ in the Gospell and as high a degree of patience Christ injoynes his followers under the Gospell towards the highest powers And there is great reason wee should performe this duty more cheerefully because our Saviour hath commended persecution to all those who will live godly and that both by precept and example His method was facere docere he began to doe and teach and it is not much different in the end docere pati to teach patience and confirme his doctrine by his suffering wee must take out the same lesson for the promise is conditionall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if we suffer with him then and not else shall we also reigne with him Rom. 8. 17. Rebellion in Christians is a most prodigious thing wee having plaine and peremptory commands for obedience and a certaine and ample requitall for all the charges of our honesty That Heroicall speech of Socrates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is in their power to kill me it is not in their power to hurt me carryes in it the flame of true Religion the Apostle expresses it higher for us to die is gaine Phil. 1. 21. The Jewes wanted not some colours of reason to justifie their impatience in this case The Jewes more excusable in case of rebellion for it was a strong temptation not to be willing to be cut off when their blessings were temporall the chiefe of them being length of dayes and upon which all the rest depended and must necessarily end with their lives And yet they submitted to those Lawes which entrusted their fortunes and being in the hands of the supreame Magistrate Jos 1. 18. This power in succeeding times was often abused to their destruction and they gave themselves up to the slaughter upon hopes not grounded in any set promise but only in the free goodnesse of God whom they thought to be a better master then to let any man be the worse for doing him service But a Christian cannot have any shadow of scruple Christians have not any colour for it St. Peter failing in this duty by resisting the Magistrate in defence of his innocent Master hath taken speciall care not to be imitated and therefore informes us largely with the full extent of Christian patience I will first lay downe the grounds for which our Saviour reprehended him and I desire they may be seriously pondered by such as are more inexcusably faultie and then I shall take his precepts into consideration Much may be alleadged in Peters justification and yet all will not excuse him Put up thy sword againe into his place sayes Christ if he do not he threatens the punishment of murder to him all they that take the sword shall perish by the sword Matth. 26. 52. It concernes them sadly to apply who pretend resistance but are really invaders and therefore cannot make so faire a plea. First it was a sodaine and unexpected assault no means of escape did appeare Secondly their violence armed with Swords and with Staves as against a thiefe did evidently aime at the life of his Master and he might not without reason suspect his owne in danger Thirdly he kept the lawes of that which is called inculpata tutela innocent defence he did it in the instant not after deliberation when he might have thought of other wayes of safetie and he had no advantage of Weapon and he did not kill outright but only wounded a servant Notwithstanding all this he is rebuked by Christ who makes satisfaction for his offence by a miracle And the sense of this correction made so deep an impression that he after warned others of their duty when they suffer in the like persecution Let none of you suffer as a murderer c. yet if any man suffer as a Christian let him not be ashamed but let him glorifie God on this behalfe For the time is come that judgment must begin at the house of God Wherefore let them that suffer according to the will of God commit the keeping of their soules to him in well doing as unto a faithfull creator 1 Pet. 4. Though this might serve turne yet he speakes more home in another place Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto them that are sent by him for the punishment of evill doers and for the praise of them that doe well For so is the will of God that with well doing you may put to silence the ignorance of foolish men As free and not using your liberty for a cloake of maliciousnesse but as the servants of God c. Feare God honour the King Servants be subject to your Masters with all feare not only to the good and gentle but also to
evils upon us they cannot be so great so generall as civill warre would create But suppose we suffer more in a corrupt peace then amidst such unnaturall distractions as this miserable Country now bleedeth under yet we ought not to be tempted to impatience but should rather rejoyce that God hath enabled us to stand out his fiery tryall such afflictions if rightly understood are blessings and though we are not bound to pray for them yet we ought to give thankes Bad Rulers if wee doe not imitate whom we condemne and neglect our duty because they performe not theirs are but unhappy instruments of our greater glory If we did deeply consider the fruits of our patience we should certainly pitty and perhaps love our oppressors as the unfortunate occasion of our higher blisse The Christians under Julian were very sensible of this duty and confesse themselves bound to obey him in all lawfull things and they did accordingly fight his battailes but when a greater then he did interpose cessabat potestas minoris they chose to serve God in the first place and redeemed their not obedience to him by offering up their bodies willing sacrifices For they wanted not numbers sufficient as appeares by the Armies electing Jovianus a Christian to succeed him in the Empire with this acclamation Christian◠sumus If resistance were lawfull in any case never men could have brought fairer pleas Julian was an Apostate from the established true religion he dealt with Sorcerers and Magicians and professed against doing justice to the Christians making sport with their injuries and returning no other answer to their teares and humble Petitions but such scoffes as these It is part of your religion to be abused you forget the Galilaeans precept Why doe you not rather suffer wrongs you must forgive all offences against you as you hope to be forgiven if they strike you on one cheeke you are bound to turne the other also if they take away your cloaks that gives them a just title to your coates also if at least he whom you worship have power to dispose of your goods you are bound from going to Law and rendring evill for evill why doe you petition against who are bound to pray for your Persecutors If they take away your revenues they advance you into the state of perfection which requires you should not possesse any thing c. They were more persecuted by his wit then his cruelty and yet though he did even wanton in their miseries his barbarous usage could not prevaile with them to neglect their calling but they committed themselves to him who judgeth righteously and he revenged their causelesse sufferings in his destruction for as stricken from Heaven he cryed out O Galilaean thou hast got the better It is as hard a matter to perswade men to obey or suffer under bad Princes as it is to make them the same in practice which they are in profession true Christians For they are very apt to corrupt the plaine Text with false glosses as oft as religion runnes crosse to civill interests Their strong desire it should be false supplyes the defects of arguments which could not be able to stand against manifest truth if affections had not a more powerfull influence upon humane actions then reason I shall therefore labour to prove what they are so unwilling to beleeve and I will lay downe the conclusion in Calvins owne words whom they cannot except to as a Royalist In homine deterrimo honoréque omni indignissimo penes quem modò sit publica potestas praeclaram illam divinam potestatem residere quam Deus justitiae ac judicii sui ministris verbo suo detulit Proinde à subditis eadem in reverentia dignatione habendum quantum ad publicam obedientiam attinet quâ optimum regem si daretur habituri essent Let his vices be never so many so great and his merits small or none yet by reason of his office we must esteeme his person sacred God doth shed upon him the rayes of Divinity by constituting him his Minister wherefore his Subjects should looke upon him with the same reverence and awe as they would upon the best King Instit l. 4. c. 20. § 25. The Heathens went farre Voto expetendos bonos principes qualescunque tolerandos But Christianity goes higher we may pray for the best but we must not onely suffer but yeild chearfull and hearty obedience to the worst If any doubt arise let them consider the divine providence so frequently mentioned in the Scriptures and his especiall disposing of Kingdomes The Kings heart is in the hand of the Lord as the rivers of water he turneth it whither soever he will Prov. 21. 1. and Dan. 2. 21. He changeth the times and the seasons he removeth Kings and setteth up Kings c. There is a place in Jeremy very apposite I have made the earth the man and beast that are upon the ground by my great power and by my outstretched arme and have given it unto whom it seemed meet unto me and now have I given all these lands into the hands of Nebuchadnezzar the King of Babylon my servant c. and the Nation which will not put their necke under the yoke of the King of Babylon that Nation will I punish saith the Lord with the sword and with the famine and with the pestilence untill I have consumed them by his hand Therefore hearken not yee to your Prophets nor to your Diviners nor to your Dreamers which speake unto you saying ye shall not serve the King of Babylon for they prophecy a lye unto you that ye should perish cap. 27. He was a fierce Tyrant and yet obedience was enjoyned by God because hee had a right to governe them I have inlarged my selfe upon that of Samuel Hoc jus erit Regis this shall be the right of the King who shall reigne over you and it amounted to this to destroy their liberties and property Calvin drawes this conclusion from it Kings could not doe so according to right because the Law was against it which instructed them in their duty to governe justly but it was called jus in populum a right over the people to which they must needs be subject nor was it lawfull for them to resist l. cit § 26. It is a frivolous objection saith he that this precept concerned onely the Israelites because the command is generall and obligeth all not to resist him to whom the Kingdome of right appertaineth The counsell hence inferred is very good let not us therefore breake our duty because Kings performe not theirs If we live under a bloudy Prince or covetous or intemperate or weake or one that persecutes the most godly professors let us call to minde our own sins which have deserved greater castigations Let us thinke it is Gods sword the sword of Justice though man commit murther with it If we have deserved to die and the Law passe sentence upon us we ought not to
be impatient though we be cut off by a wicked executioner Exc. Many examples are alleadged out of the old Testament to colour this breach of duty Answ We have plaine precept not to resist and must conforme our actions to knowne rules not the practice of others For instance Who can lift up his hands against the Lords anoynted and be guiltlesse this implyes a command not to rebell Let every soule be subject to the higher powers He that resists the power resists the ordinance of God Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto those who are sent by him Legibus vivendum est non exemplis Examples can onely shew what was done not what ought to be done To answer briefly the examples by them produced are either impertinent as being acted upon Usurpers or not to be drawne into a rule because extraordinarily allowed by God who may dispense with his owne law but this cannot warrant our imitation no more then the Israelites robbing the Aegyptians can licence Plundering or any other illegall weakning the wicked or Jacobs lying to his Father can excuse want of sincerity and truth when by false reports they may probably undoe their brethren or Jaels breaking trust in murdering Sisera can dispense with killing enemies after composition made to save their lives or lastly they were unjust To runne over the particulars would be more tedious then profitable because they are all clearly solved by applying one of these three They are impertinent or extraordinary or wicked Secondly If wee should grant that it were lawfull for the Jewes to resist Tyrants in their owne defence this comes not home to us who are called as Saint Peter sayes to beare the Crosse and to follow Christs example When wee are in danger of being killed for our Religion all that is allowed to us is only to flye from one City to another Wee may better submit to so high a degree of patience in consideration our well being is not provided for in this world and despise death because the joyes of eternall life are so plainly set before us in the Gospell whereas under the Law they were entertained with promises of temporall blessings and it must needs goe to their hearts to loose the proposed reward of keeping the Law length of dayes by their due observance of it and this upon a suspicion of a better life rather then a confidence grounded upon any plaine promise Exc. 1 I have formerly shewed the practice of the primitive Christians which was so apparent that not having so much impudence as to deny it neverthelesse they have invented severall exceptions to it which take of the glory of their innocence I have beaten them out of their strongest fort which was this deerant vires They had a good will to rebell but wanted power onely Exc. 2 The Christians were but private men and for that reason could not lawfully resist but if they had beene countenanced with the authority of the Senate questionlesse they would not have submitted themselves so tamely to the slaughter Answ First these men who grant thus much are bound in conscience to answer their owne arguments drawne from the law of nature which they tell us allowes selfe defence though with the Magistrates destruction and taken from the chiefe topique of their invectives that no body did contract to be ill-governed much lesse to be ruined and therefore no obligation can lye upon them not to preserve themselves But these and such like reasons are evidently confuted by all those Texts which bind us to suffer though wrongfully as wee have Christ for an example c. Those holy men who submitted their bodies to the flames lookt upon martyrdome not as a thing of choice but of duty They might have pleaded the law of nature and and the injustice of their persecutors whose office was to be a terror to the evill and to countenance doing that which is good but such sophistry could not prevaile upon religion which had bound up their hands from revenging themselves upon private men and much lesse upon the Magistrate Secondly that the Senate had no authority to wage Warre against their Emperour will be evinced from Rom. 13. 1. 1 Pet 2. 13. 14. applyed to the civill constitutions of the Roman Empire Submit to the King as supreme that is to the Roman Emperour saith Diodati c. all'imperator Romano detto tal-uolta Rè dalle natione stranieri Vlpian acquaints us there was not any legall power but in him what he determines hath the force of law he adds the reason because the people in whom the Senate are included by the lexregia gave unto him the right to manage all their power Vtpote cum lege Regia quae de imperio ejus lata est populus ei in eum which signifies in se saith Theophilus omne suum imperium potestatem conferat l. quod princ D. de const princ Justinian clearely decides the case if the Emperour shall take any cause into his cognizance omnes omnino judices let all judges whatsoever know that this sentence is law to all effects not only in the particular cause but it becomes a rule to decide all like cases by For what is greater what more sacred then the Imperiall Majesty or who is so insolent ut regalem sensum contemnat The sense even of the Senate was not to stand in competition with Royall constitutions l. si imperial D. de legib Wee may fitly observe that some Emperours did by Acts of grace limit their legislative power which was solely in them and bind themselves from the use of it without the advice of the Senate as is to be seene l. humanum Cod. de legib and may be collected from Auth. Habita quidem C. ne fili and divers other constitutions yet this gave no power to the people to be imployed against them if they should not performe their duty This grant made the Roman Empire like the Kingdome of England for wee have a cleare and full testimony from our Common Law that the legislative power is onely in the King though the use of it be restrained to the consent of the Lords and Commons in Parliament le Roy fait les leix avec le consent du Seigneurs Communs non pas les Seigneurs Communs avec le consent du Roy. The King makes Lawes with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King or that which Virgil describes gaudet regno Trojanus Acestes Indicitque forum Patribus dat jura vocatis It is the most unreasonable thing that ever was fancyed that Subjects assembled should have greater authority then their King without whose call they could not have met together and at whose pleasure they are dissolved in Law and bound to depart to their owne homes Exc. 3 The Anticavalier doth pitifully intangle
to prevaile with them to neglect plaine duties of subjection and obedience upon the strength of obscure prophecyes whereas they ought to live according to precept not predictions many of which shall not be fulfilled but by the sinnes of wicked men Blesse me O Lord from being an instrument to bring such thy workes to passe It is our onely safe way not to doe evill that good may come of it The Apostle forbids it and the reason may be this God hath no need of the sinfull man Why shouldst thou cease to be good for feare God else would not be true Babylon will certainly fall though wee walke uprightly to feare God and honour the King are no stops to the destruction of that man of sin After such fiery spirits have engaged the Kingdome into probable wayes of utter ruine and desolation after your hands have beene imbrued in the bloud of the ancient Nobility and you have miserably torne in pieces the brave and honest Gentry and exposed the seduced Commons to those fatall mischiefs which accompany the Sword Pestilence and Famine and the bleeding State shall at length grow wise and unite againe for the preservation if it be possible of the ruinous remainder rather out of a wearinesse of the insupportable calamityes of Warre then out of a Christian love which would have continued unto us the blessings of peace All the satisfaction which these false Prophets can give for the unspeakable mischiefes which they have pull'd upon their unhappy Countrey will be onely this We were mistaken in those places of Daniel and the Revelation The time it seemes is not yet come The Saints must still expect and Gods holy ones must waite and pray for a more happy opportunity to perfect the great worke by Rebellion Exc. There is a mutuall contract betweene King and Subjects and if He breake the Covenant He forfeites the benefits of this agreement and He not performing the duty of a King they are released from the duty of Subjects Answ The Jewes could have made this plea grounded in the nature of a Covenant the breach of which though instituted by God betweene King and People Deut. 17. was no dispensation for them to Rebell as was evidenced formerly The Kings of Persia though confessedly Supreme and not responsable to their subjects yet tooke an oath at their inauguration as Zenophon and Diodorus Siculus informe us and it was not lawfull for them to alter certaine lawes as appeares in Daniell neverthelesse their miscarriages in government did not dispence with their Subjects loyalty If a Father promise any thing to his children they have a full right to his performance but in case he prove dishonest he doth not thereby loose his right to governe them nor are they excused from their duty of honour and obedience So there is a contract betweene Husband and Wife the violation of which on the mans part doth not bereave him of his dominion over the woman I confesse a great obligation lyes upon Kings not only from their Oathes and promises and agreements but expressely from Gods law also to governe the people committed to their charge with justice and equity And if they abuse their power Gods punishment will be as high as their ingratitude The greatest temporall favour which God bestowes upon any single man is to make him his Vicegerent his immediate Deputy Christum suum his anoynted and the greatest blessing he hath given to mankind is government by which he hath provided for the common good of all Now if he turne this blessing into a curse if he who is set over a people to punish evill doers persecute those who doe well he must expect a fearefull judgment from the Almighty it is pathetically exprest in Wisdom 6. Heare therefore O yee Kings and understand learne yee that be Judges of the ends of the earth Give eare you that rule the people and glory in the multitude of nations For power is given you of the Lord and soveraignty from the highest who shall try your works and search out your counsels Because being ministers of his kingdomes you have not judged aright nor kept the law nor walked after the counsell of God Horribly and speedily shall be come upon you for a sharpe judgment shall be to them that are in high places For mercy will soone pardon the meanest but mighty men shall be mightily tormented For he which is Lord over all shall feare no mans person neither shall be stand in awe of any mans greatnesse for he hath made the small and the great and careth for all alike but a sore triall shall come upon the mighty Thus much is granted but to conclude from this obligation that a not performance induces a forfeiture of his crowne and that we may make hostile resitance against unjust commands is a very weake way of reasoning For consider with your selves is there not a mutuall duty betweene husband and wife parents and children Fathers must not provoke their children to wrath but bring them up in the nurture and admonition of the Lord Eph. 6. 4. Husbands should give honour to their wives a unto the weaker vessells 1 Pet 3. 7. Suppose some fathers prove froward some husbands unkind yet cannot their faults dispense with the duty of children and wives The King Vrbi pater est urbique maritus is both husband and father not to single persons but to the Commonwealth There are many resemblances in matrimony which will afford great light to the better understanding the duty of Subjects The consent of the woman makes such a man her husband so the consent of the people is now necessary to the making Kings for conquest is but a kind of ravishing which many times prepares the way to a wedding as the Sabine women chose rather to be wives then concubines and most people preferre the condition of Subjects though under hard lawes to that of slaves If we apply their arguments their Sophistry will clearely appeare For Quicquid efficâ—t tale est magis tale and constituens est major constituto bestowes upon women the breeches as well as the Crowne upon the people and unumquodque eadem potestate dissolvitur quâ constituitur gives the same licence to a woman to cast of the bonds of wedlock as to subjects those of subjection As in marriage so in monarchy there are two parties in the contract though without a mutuall agreement there could be no covenant yet after it is once made the dissent of the inferiour party let it be not upon fancyed but reall discontents cannot dissolve the compact Consent therefore joynd man and wife King and people but divine ordinance continues this union marriages and governments both are ratified in heaven Quae Deus conjunxit homo ne separet whom God hath joyned let not man put asunder They must take their King for better for worse It is very observable though it was permitted to the man in some cases to give a bill of divorce yet
as unto them that are sent by him Deodate expresses it very fully in his Italian translation Siate adunque suggetti ad ogni Podestà criata dagli huomini per l'amor del signore al Rè come al sourano ed a governadori come a persone mandate da lui That wee may not mistake he tells us that by Power or Ordinance is meant Persons endued with power ad ogni Podestà is sayes he in his glosse upon the place a Principi Magistrati Rettori created by or amongst men dagli huomini o fra gli huomini per la conservatione e condotta della società humana Jude when he condemnes despisers of dominion and such as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speake evill of dignities v. 8. meanes to commend to us the same duty which Paul taught us out of the law which is free from all ambiguity and concludes for the persons When Ananias the high Priest whose duty was to judge after the law commanded him to be smitten contrary to the law he as was supposed by them in passion returnes ill language and being justly rebuked by the by-standers he confesses he ought not to revile the Priest though he did evidently abuse his authority much lesse ought he to strike againe with pretence of honouring his authority but not being bound to submit to his personall commands contrary to the law I wist not brethren that he was the high Priest for it is written thou shalt not speake evill of the Ruler of thy people Act. 23. 5. St Paul was unacquainted with this subtility which allowes to speake evill nay to make hostile resistance against men in authority so they professe to honour the authority of those men It is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Master Burroughs his personall strength not any legall power which is resisted if he doe any thing against law and this sayes he is not forbidden we may resist men though not powers wee must not be subject to will but to law p. 113. His mistake lyes in this that he thinkes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power signifies the right and honest use of authority whereas it signifies the right to use his authority whether well or ill 't is all one to us for matter of submission to it either by obedience or patience because no resistance can be lawfull for want of a superior jurisdiction by which onely wee can be enabled to call him to an accompt for his actions The truth of this is made evident in Joh. 19. 10 11. Pilate faith unto him knowest thou not that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to crucifie thee and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to release thee Jesus grants it and answers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. thou couldest have no power at all against me except it were given thee from above By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore are meant persons invested with authority The reason which made Paul call Magistrates by the Abstracts Powers was this he wrote to Christians living in the Roman Empire and it was the custome of the Latine Language to call persons endued with power potestates by the name of powers You may observe it in Vlpian l. quid sit D. de Aedil edict § 19. and in Augustine epist 48. who saith sive potestas veritati favens aliquem corrigat laudem habet ex illa qui fuerit emendatus sive inimica veritati in aliquem saeviat laudem habet ex illà qui fuerit coronatus Mark that potestas inimica veritati this must needs signifie a man abusing his authority And in Juvenal An Fidenarum Gabiorumque esse potestas and in Suetonius Jurisdictionem de fidei commissis quotannis tantum in urbe delegari magistratibus solitam in perpetuum atque etiam per provincias potestatibus delegavit The moderne languages Italian and French which were bred out of the Latine retaine the ancient use of speaking for potestat in French and podestà in Italian expresse not the function onely but the person which manages it Thus anciently the Latine word for a Justice of peace who now is called justitiarius was justitia as you may find in Glanv lib. 2. cap. 6. and Roger Hovedens Annals so our King is called in the abstract Majesty as the Grecian Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many ridiculous consequences flow from hence but I list not to make sport with that unhappy distinction which hath almost ruined as flourishing and strongly temperd a Kingdome as any in the Christian world It exposes Magistrates and all in authority to the contempt and injuries of the baser sort of people For when discontented it is very obvious for them to tell them a reverence is indeed due to their function therfore that they setting their office aside will take liberty only to kick their persons and that the Magistrate is not at all affronted though the man be soundly beaten It is against common sense to put such a difference betweene the person and the authority of the King for if it were reall neither God nor the Lawes of the Land have made any provision for the Kings safety for His authority is not capable of receiving any benefit and therefore it must be acknowledged by all sober and reasonable men that His authority doth but convey such and such priviledges upon the person who onely can be sensible of them and consequently whatever is attempted against his person is attempted against his authority likewise Another cavill is taken from these words in Rom. 13. For Rulers are not a terror to good workes but to the evill wilt thou then not be afrayd of the power doe that which is good and thou shalt have praise of the same For he is the minister of God to thee for good Their Argument is framed thus A Magistrate is the Minister of God for our good therefore he which is not a Minister for our good is no Magistrate and to resist him is not to resist the ordinance of God which instituted Rulers for the peoples happinesse but the faults and exorbitances of men which endeavour to rob them of the blessings of divine providence orderly government and to make them bow downe under the heavy burdens of an arbitrary sway Their conclusion contradictory in it selfe is plainly this A bad Magistrate is no Magistrate as being a terror to good works and giving praise to the evill contrary to Saint Pauls definition of Rulers and therefore no honour is due to him no resistance is forbidden Answ The example of Christ commanding them to pay tribute to Caesar as his due the end of which was that he should mind their good though he neglected that duty and his acknowledgment of Pilates power or right to judge though he exercised it to the condemnation of the innocent and Saint Pauls confession that notwithstanding the high Priest commanded him to be smitten illegally which in their language was abuse of will not power yet hee
ignorance drawing out of broken cisterns the seditious writings of the Roman and the Reformed Jesuites and transcribing one another and so are taught and reach to despise dominion and speake evill of those things which they know not §. 3. I Make no question the proposition is now evident that the supreme power in any State let it be where it will somewhere it must be for else it were an Anarchy and no government ought not to be resisted This makes rebellion sin as transgressing divine and humane lawes In the next place for the perfect direction of conscience Most necessary to know the subject of Supremacy wee must examine in whom the supreme power is placed a mistake in this is as dangerous as an errour in the former For as zeale which is not according to knowledge is impiety for though it have the heat it hath not the light which is required to true devotion so the most scrupulous obedience is but humble rebellion if it be misplaced and yielded to fellow Subjects against him who hath jus regnandi the right to command them Thus in an Aristocracy to aide one man against the Senate is Treason against the State and in a Monarchy because the constitution is different and places the supreme power in one to aide the Senate of which that one is the head and opposed to him they are but a livelesse trunk in order to those things to which his influence is necessary Fortescue warrants the expression sine capite communitas non corporatur against the Monarch and supreame Ruler is rebellion and treason against the State The Assumption therefore shall be The King of ENGLAND hath this supreame power when this is proved the conscience must take law from this necessary Inference therefore it is unlawfull for Subjects to hold up armes against the King of England Because as it is an absurdity in speculation so it is sinne in practice to deny the conclusion there they offend against Logique here against Religion also For whatsoever is not of faith that is not of judgment whatsoever wee doe against our owne reason and the light of conscience is transgression The matter of this discourse is of high concernment For as things now stand on it hang Heaven or Hell our salvation or eternall damnation If the King be the highest power you are bound to submit to him but if you have new Soveraignes if your fellow Subjects are become the Lords anoynted there may be some colour of justification Except this be proved you are altogether inexcusable as appeares in the last Section and therfore it will behoove you to hearken to Solomons advice My sonne feare thou the Lord and the King and meddle not with them that are given to change For their calamity shall rise sodainely Prov. 24. 21. 22. Certainely unconcerned men will thinke I have undertaken no very difficult taske The Kings Supremacy witnessed by out Oath If I can but perswade the Kings adversaries they have not forsworne themselves I shall recover them to due obedience but I must tell them if they were not perjur'd in taking the Oath of Supremacy not to mention now that of Alleagiance they are so in breaking it The words are so expresse that not any colourable glosse can be invented to excuse the violation of this solemne Sacrament I A. B. doe utterly testifie and declare in my conscience that the Kings highnesse is the only supreame Governour of this Realme and of all other His Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall c. I d◠promise that from henceforth I shall beare faith and true allegiance to the Kings Highnesse His Heires and lawfull Successours and to my power shall assist and defend all jurisdictions priviledges preheminences and authorities granted or belonging to the Kings Highnesse His Heires and Successours or united and annexed to the Imperiall Crowne of this Realme So helpe me God and by the Contents of this Booke It hath beene replyed That this Oath is taken in opposition to the Pope to exclude the Supremacy usurped by him for many yeares They speake truth but not all the truth for there are two parts in it One negative by which wee professe that not any forraigne State or Potentate nor the Pope hath this power The other positive by which the Subject of this power is specified The Kings Highnesse is the onely supreame Governour of this Realme as in all Spirituall things and causes so likewise Temporall Both Ecclesiasticall and Civill supremacy are here asserted to be in the King It was not thought sufficient to tell who was not Supreme but they declare also who was When we had truly sworne the Pope out of this Kingdome what necessity was there to make the people perjur'd for certainely they forsweare themselves who solemnely testifie and declare in their conscience That the Kings highnesse is the onely supreme Governour if the meaning of those words be onely this that the Pope is not It concernes us as highly as our Soules are worth reddere juramentum domino to performe unto the Lord our Oath and not to lift up those hands against the King which were layd upon the holy Gospell in witnesse of our submission to him as the onely supreme Governour What desperate malice is it to expose our Soules to every Musket shot if wee fall we perish eternally This sad contemplation that wee stand on the very brinke of Hell ready to be turned into the Lake of everlasting woes by every sword every bullet will smite our hearts and make our armes feeble in the day of battaile what confusion amazement and horrour of conscience must needs seize upon all considering men Think upon the heinousnesse of parricide to murther a Father is a sin greater then any one is able to beare But to spill the bloud of our Soveraigne which they have done who fought against him for it is murderin Gods sight his goodnesse in protecting his servant doth not excuse their sin in endeavouring to destroy their King whom God commands not to touch and whose life we have sworn to defend with the utmost hazard of our owne and we have desired the Lord to revenge it in our destruction if we doe otherwise is of a much deeper dye For the King is Pater patriae a common Father to all without a Metaphor what ever power Fathers had over and consequently whatsoever honour as an effect of this power was due to them from their children he hath right to challenge the same of all And though we should joyne together King hath paternall powers from consent of the people and call our selves the Common-wealth we can no more lawfully dis-respect give law to resist upon hard usage or say he is lesse honourable then all we then children by agreement may dispense with their duty to their parents It was our owne act which united all particular paternall powers in Him and that these
are truly transferred and now really in Him is very evident because else we should be bound to obey our Fathers commands before those of the King For divine precept stands in full force Honour thy Father c. and therefore we musts confesse tam pater nemo est in terris he that begot us is not so much our Father as the King is It may be fit to take notice here that the supreme power of a State hath by our particular deeds and common agreement as much right over not single persons onely but the whole body as every Father had over not this or that child onely but his whole family and as he cannot be said though major singulis natis yet totâ prole minor so neither a King if this power be placed in one which is essentiall to a Monarchy minor universis Though a Monarch hath greater right and larger power then even all the people could bestow upon him for he hath potestatem vitae necis He hath power of a higher nature from Gods grant and this Fathers have not now over their children over themselves it can only come from him who hath dominion over his creatures and therfore the people must looke upon him not only as their owne but as Gods representative yet to say nothing of this and to deale liberally with our adversaries by supposing though I cannot grant their principles true concerning the originall of power being in the people I can demonstrably convince them by most plaine and evident deductions from their owne scheame I tooke this method in my Answer to the Observations that by joyning issue upon their owne grounds I might put a quicker end to the debate It would have required more time to shew at large The Kings power was from God which was proved in briefe and there as is this discourse it is acknowledged to be restrained by His own or His Progenitors grants potest enim Rex vim regni minuere and so of much higher nature then the contribution of popular Votes could raise it to it was aboundantly sufficient to prove that the people have not any legall power against the King The former is built upon this pillar nemo dat quod non habet the power of the Magistrate was not in the people considered severally and before civill society and in such a State as the Aborigenes are described by Salust genus hominum agreste sine legibus sine imperio liberum atque solutum a multitude not a nation and certaine wild routs without Laws without Empire free to doe or suffer wrong and loose from all positive obligations Not any one having jus gladii a right to take away the life of man it followes they could not bestow it upon another for what is not cannot be alienated And therefore the supreame Magistrate hath more power then the whole people and is vice Deus Gods vicegerent Let them take heed how they call Gods minister the peoples Servant God hath taken especiall care the Magistrate should be honoured and respect is due as to his not their creature The latter that the people have not any legall power against the King is as firmely supported by another pillar nemo habet quod dedit Suppose the originall of power in the people or as they love to speake suppose them the efficient cause of power which cannot be but by giving to one man in a Monarchy to a Senate in an Aristocracy a right to use their divided strengths Since therefore they cannot retaine what they have parted with nor have what they gave away he which hath all their power I may adde his owne particular besides must needs be greater and more powerfull then they The truth is he is in a Monarchy and they are in an Aristocracy the only fountaine of all power and justice Answer to the Observat pag. 10. This is as certaine as that there are some governments besides Democracy for it is essentiall to them what is that which makes Anarchy except this that every man hath right to doe what he will Demonstration from the difference of formes of Regiment in reference to any nationall Law The only meanes to avoyd this confusion is to resigne up this hurtfull liberty which is very prudently done upon choice but necessarily upon conquest if it be given to one wee call that State Monarchy if to few wee call it Optimacy if to very many who rule by turnes and are elected by the people wee call it Democracy There cannot be any other ground to difference the formes of Regiment Hence appeares the weaknesse of those discourses which have no other strength then the impossibility that the people can make one greater and more powerfull then all they which is understood not of their naturall this cannot be past away to another but politique strength that is the right of using their power this may be and is parted with except the Governement be a Democracy because Quicquid efficit tale est magis tale The reply to the Answer to the Observations confesses my argument concluding if it were true that the people had parted with their power pag. 6. upon this the determination of the whole controversie depends and that it was rightly stated by me will evidently appeare because unlesse the people have resigned up their power the Author can never shew how this State is a Monarchy It doth not alter the case that the King hath restrained himselfe from the use of this power to some purposes without their consent as for making new lawes or raising money for this limitation only makes such acts illegall but doth not returne any power into them whereby they may be inabled to raise an Army or to oppose the Militia of the Kingdome against him to compell him by strong hand to governe according to law If the subject of this power be the people who may meet together and lawfully determine for though he resolve all into the two Houses yet if he follow the consequences of his owne principle he must goe thus high what they fancy conducing to their own safety wee are cleerly falne back into Anarchy To avoid this confusion the Author places it in their representatives but it will come to the same thing by undenyable deductions from his owne grounds For the same arguments which are made against the King equally conclude against the two Houses since Quicquid efficit tale Arguments brought against the King conclude as much for the people against the Parliament est magis tale and that they are intrusted for the common good may be equally applyed to them and then King and Lords and Commons are Voted away at the pleasure of the multitude The summe of his Book is that the people retain their power and therefore may make resistance in case he governe not according to law and he is responsable for such breaches The proofe is He is intrusted for their good and there is a mutuall covenant
must not returne ill language because he was the Ruler do clearly evince their argument not concluding Saul was a bloody tyrant hee made the Priests a sacrifice to his cruelty yet notwithstanding he continued Gods anointed It were easie to instance in many examples which shew the vices of man making ill use of the power do not voyd the ordinance of God There are who answer these places very piously but as I think not altogether to what Saint Paul aimed at Rulers are not a terrour to good workes and he is the minister of God to thee for good that is though they oppresse nay kill innocent men yet they cannot hurt them For God will recompence their sufferings it is in bonum afflictis though affligentibus in malum because all things worke together for good to them that love that is are obedient to God Rom. 8. It seemes to me more probable that the scope of the Apostle was to inforce the duty of subjection pressed in vers 1. by a second reason for he had urged before the ordinance of God drawn from the benefits which will be reaped from Governours And the motive is the consideration of that happinesse which wee have reason to promise our selves from the preservation of order the end of which is publique tranquillity This is enjoyed under very bad Princes which will abundantly recompence some particular sufferings whereas if wee should goe about to right our selves when power is abused to say nothing that it would alwayes be pretended to be so by ambitious men who have this advantage that the common people have but weake judgments in State matters and yet appeales are especially directed to them and since our miseries have growne upon us the contrivance of our calamity was very visible the fatall arts which ruined this Kingdome were to make the meaner sort of men Judges of Policy and women generally the Judges of Religion and they are easily perswaded to reckon misfortunes amongst crimes and to confound ill intentions with ill successe If I say wee should take upon us to governe our Governours because they rule not for our advantage wee should pull upon our heads much greater mischiefes Experience shewes that Kingdomes suffer infinitely more by Civill Warre then by the most Tyrannicall Princes If wee call to mind the most vicious King that ever reigned in England wee shall find though he did injure some particulars indulging to some inordinate affections against the tenor of Law yet justice was favoured in the generall and the greatest part of the Kingdome reaped the fruits of order Whereas illegall endeavours to force him to amendment introduce a cessation of all law and justice and the Subjects will be plundered more in one night then the greatest monopolyes and most unjustifiable taxes of many yeares robb'd them of The Apostles sense is expressed fully by Tacitus Ferenda Regum ingenia néque usui esse crebras mutationes The reason why it is better for a people though oppressed to submit with patience even to a Tyrant is this if he be put to recover his owne by conquest and prevaile he may be tempred as highly provoked to rule them with a rod of iron and to provide for future safety by utter disabling them to hurt him but if they get the better their victory doth but confirme our calamity wee cannot see any probable end of our unhappy distractions Because forraigne Princes will certainely afford supplies for recovering his just rights for it might suddainly be their owne case and they are bound to it in State interest that they send not aid sooner is because it is for their advantage to have a neighbour Kingdome weakned but not the Prince ruin'd and it is very unlikely he should ever want a very considerable party at home many out of conscience more out of discontent and envy towards their fellow Subjects prosperous treason endeavouring to restore their injur'd Soveraigne to his undoubted Rights and Prerogative So that England would be the unhappy scene where the tragedies of Germany would be reacted But grant a totall extirpation and that they shall be able to go through with their wicked designe and not only branch but even root Monarchy also for this is aimed at by some who feare it may sprout againe if the stock be left have wee yet at last any hopes of peace when wee are so undone by warre that wee have nothing left to loose but our lives truely no then like theeves when once secure of their booty we should have thousand differences in dividing the prey all of them challenging preferments great as their sinnes and setting such a price upon their wickednesse as the estates of all honest men will not be able to pay it is not possible what they have gotten can be pleasant to them when they consider much more might be enjoyed and sadly recollect the inequality of the recompence to the adventure for their lives were exposed to the danger of the law their reputation is lost with all good men and their soules are eternally ruin'd They would fall out amongst themselves who was the greatest Traytor and never yeild precedency in mischiefes because that is the measure of Sharing Some would plead they contrived others they acted the Treason and thinke a subtile braine should have no priviledge above a couragious heart it being more easie to fright the people by inventing false dangers then to lead them on and make them stand the brunt of true It is beyond my skill to proportion the wages of sin determine whether the slye and cunning setter or the stout thief can claim greatest share in the spoyle But commonly the speculatively malicious men are miserably deceived of their expected requitall For though they set the mischiefes on foot yet their journey-men quickly apprehending the mystery are easily tempted to set up for themselves It hath beene often seene that to end such quarrells he that was head of the conspiracy in reference to the active part of it and who had force enough to oppresse a Tyrant would use the same to establish himselfe their Lord and Master and his government was so much the more rigid severe and miserable because he was frighted with his owne example upon his predecessor This I conceive to be the Apostles sense that wee must submit even to bad Governours such they were when he wrote this Epistle not only out of honesty but prudence also because if wee goe about to make them better wee shall put the Kingdome and consequently our selves in farre worse condition After this explanation I will reduce their Argument into forme that I may thereby give more distinct satisfaction Non resistance is forbidden only to the powers ordained of God But powers used tyrannically are not ordained of God therefore wee are not forbidden to resist them The assumption is absolutely false For though tyranny be not the ordinance of God yet the power which is commanded to rule justly but withall inabled to
doe otherwise for the use is left indifferent in respect not of the Magistrates but Subjects duty so that abuse doth not voyd authority when swerving from lawes is of divine constitution The obligation not to resist superiour powers receives not strength from mans justice nor is it weakned or made null by injustice Saul was Gods anoynted and Pilate had authority from Heaven notwithstanding the extreame abuse of it Had the Apostle meant as they endeavour to perswade the world considering what Governours the Christians then lived under he had laid downe a doctrine of rebellion whereas he labours to teach them patience Thus much in answer to their objections against what was delivered in the second Section I shall now examine their exceptions against what was assumed in the precedent Section The King of England hath Supreme power Exc. There is a mixture or coordination in the supremacy and the English Monarchy is compounded of three coordinate estates Answ I have shewed before that a mixt Monarchy is a contradiction and that by this name can only be meant a restrained and limited Monarchy that is that such a King though he have Supreme yet hath not absolute power By reason of this restraint from his owne grant and positive constitutions active obedience is not due to his illegall commands and by reason of his supreme power and sole right to make Warre and Peace passive obedience is necessary Monarchy compounded of three coordinate Estates in plaine English speaks this nonsense the power which one only hath is in three joyntly and equally The ground of this invention and so much fancyed coordination which our ancient Lawyers never dreamt of may be this If they meane by it that the consent of all three Estates I will not alter the new manner of expressing this government but only take notice by the way that heretofore the Parliament was taken for an Assembly of the King and the three Estates and that in all other Kingdomes likewise there are three States the Clergy the Nobility and the Commonalty distinct from the Head are equally required for transacting such businesses as the King hath obliged himselfe not to doe without them and that they have the right of a negative voice wee shall indulge to them the name of coordination to two purposes which are making new repealing old lawes and supplying the Kings necessities in such proportion as they shall think fitting These are great democraticall advantages but include no authority of making hostile resistance against their soveraign in case he should do contrary to the established laws These are still in force till abrogated by joynt consent and bind his conscience but he cannot be forced to put them in execution because he hath no superior in jurisdiction and he hath no equall in managing jus gladii the materiall sword which is necessary to distinguish their resistance from rebellion and give it the title of a just warre For except they can prove themselves not be His Subjects I am forced to tell them if they fight against him they are by the law of Nations and of this land worthily reputed Rebells and by divine law they are assured of damnation Thus therefore the two Houses or two Estates of Lords and Commons are not bound to submit their consent to the Kings command in matter of Subsidy or taking away any ancient Law if they conceive it disadvantageous to the Common-wealth Par in parem non habet imperium in those things in which they are equall as a rather and a sonne being joyned in commission in this sense let them be called coordinate Yet they are subject in all other things and therefore may not take up armes without his consent for this is destructive of their alleagiance If there be a Coordination in the supremacy that is if the King and Lords and Commons are joyntly the supreme governour the Correlatum is wanting none are left over whom they should Reigne wee should have a Kingdome without a Subject because all may challenge a share in soveraignty The Parliament not sitting they will not deny the supremacy to be solely in the King and certainly by calling His great Councell together he doth not empty himselfe of any regall power it were very strange our lawes should be guilty of such vanity to make a uselesse coordination for if His rivalls should make any attempts upon His Prerogatives He can legally dissolve them except when he hath past a particular grant for their continuance and then the enlargement of their time of setting doth not enlarge their power and after He hath dismist the Assembly as the right to doe so is unquestionable then He is Supreme againe none being left to stand in competition The cleare businesse is this all markes of supremacy are in the King nor is it any Argument of communicating His power that He restraines Himselfe from exercising some particular acts without consent of Parliament for it is by vertue of His owne grant that such after acts shall not be valid He hath not divided His legislative faculty but tyed Himselfe from using it except by the advice and consent of the Peeres and at the request of the Commons their rogation must precede His ratification I shewed this in the Roman Empire likewise and yet none fancyed an equality between Subjects and the King or Emperour was thereby introduced As the houtefeus of France argued from the denomination of Pares Franciae to make them equall with the King so our Incendiaries from Peeres and Comites to bring in a coordination whereas it is evident that Peeres referres not to the King but signifies as the Persian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mentioned in Zenophon Subjects in the same ranke of honour and enjoying equall priviledges one is another And to make Comites is called by Lampridius in conubernium imperatoriae majestatis asciscere our lawyers derive them from having that speciall honour to be in comitatu regis Suetonius calls them comites peregrinationum expeditionumque Tiberii They were of three rankes under the Emperours Comites intra consistorium were the highest and in the nature of privy councellours but created by the Emperour the fountaine of all honour and so not similes altissimo equall to him though exalted above fellow Subjects The briefe is the frame of governement as it is established by our lawes clearely condemnes their undertakings and therefore they have laid such a foundation as will support the building For if they can but prove that Parliament men and those who are stirred up to fight against their Soveraigne are not the Kings Subjects they have acquitted them from being Rebells We have seene the ground worke and shall now take the superstructure into due consideration the whole fabrick is comprised in that exiome so frequently applied to justifie all illegall proceedings Coordinata se invicem supplent Coordinates ought mutually to supply each others failing that we may not suffer whether by necessary or voluntary defects and that