to the King's pleasure and cruel Edict Thus the Primitive Christians chearfully laid down their Lives for the Name of Jesus and resisted not because the Laws of the Heathen Roman Empire as those of the Chaldeans before were against them This is called Abuse of Power in Kings and Governours And in this case Prayers and Tears are the Weapons of Christians and all upright men or flying from Persecution But where there is no Law there is no transgression Rom. 4.15 This is an universal Proposition mentioned by Paul If I defend my self against the Illegal Will or Lust of a Governour who hath received no such Authority from God nor Man it is neither transgression nor resisting of the Power Defin. 3. Obedience is a willing and hearty performance of the Commands of our Governours according to Law Defin. 4. Law the Rule of Obedience is a Sentence proceeding from the right Reason of the Commander And therefore no man must yield Active Obedience to Laws against the Law of Nature or against the written Law of God I go on to Axioms 1. The whole is to be preferred before any one part and the greater good before the less Therefore self-preservation is before the preservation of another because Charity begins at home And the whole Kingdom is to be preferred before the King himself when be who is the principal part stands in opposition to the good of the whole Axiom 2. All natural good may be desired and all natural evil may be avoided And here comes in the Rule of Justice and first Principle mentioned by our Saviour Mat. 7.12 All things whatsoever ye would that men should do to you do you even so to them for this is the Law and the Prophets And what you will not have done to you do not you do to another This is a clear and undeleble Principle a first and Alphabetical Notion as one speaks Therefore I may preserve my Liberty and Property and oppose those that would by violence and illegal preceedings invade them And here I shall offer four or five more Postulata 1. Our Saviour did not countenance Oppression nor taught no Doctrine in favour thereof 2. Nothing in Christian Religion contradicts natural Religion The reason is both are from God So that if Natural Religion allows Defence then Christian Religion forbids it not As for Mysteries of Faith they are said to be above but not against Reason 3. Our Saviour never designed to set down a Form of Government and Polity but taught Obedience to Lawful Authority Render to Caesar the things that are Caesar ' s. Polity was before the Law of Moses or the Law of Christ The Law of Moses commanded Moral and Ceremonial performances And as for Judicial Laws they bind us only as to the Equity as all acknowledge And the Law of Christ compleats fulfils or advances the Moral Law indeed and withal adds some Mysteries of Faith to be believed of all Christians But Christ and his Apostles leave Political Government as they found them in the world The Gospel say Theol. Wit is a Doctrine of a Spiritual and Eternal Kingdom in the hearts of men neither doth it externally overthrow Political Regiment but rather establish and confirm it Therefore it follows that the Gospel permits all Natural and Legal Defence agreeing with the Civil Laws The Gospel takes not away Polity or Political Laws 4. No People could be so sottish as to set Governours over them to undo them For safety happiness or well-being is the End of Government It is a self-evident Principle No man is bound to think well or speak well or do well to his Oppressors but may throw off their Yoke as soon as be can And so may a whole Kingdom likewise Again This is another self-evident Principle and needs no proof Trust not him with thy Life Goods and Posterity who hath once endeavoured to ruin thee I am confident few men would lend such a man Ten pounds upon his word A man cannot make any doubt of it but that it is most agreeable to reason and the common Interest of those in Society that they should be true to their Compacts Out of what Author as an ingenious Scholar questions can they shew us a Nation that ever did allow the breach of solemn Compacts The lowest inanimate beings have a power and propensity to their own welfare a blind tendency and inclination to their own Security And such a noble being as man is must needs have it in a more sublime and eminent manner A noble Author of our own tells us in his Book of Truth That he for his part takes them for the Catholick Church that are constant and faithful to first Principles that common Notions are the bottom and foundation upon which the Church is built Excuse our diffidence here great Sir The Church is built upon a surer and higher Rock upon a more Adamantine and precious Foundation yet thus much is acceptable and undeniable That whoever they are that by any Practice or Custom or Tradition or Tenet shall stop the passage of first Principles and sound Reason that flows from them they are in this farther from the Church than Indians or Americans while they are not only Antichristian but Unnatural 5. If any should consent to such unreasonable Conditions their Posterity could not be bound by their mistakes The Precepts of the Law of Nature are so potent and triumphant as he speaks as that some Acts which rebel against it become not only unlawful but void as both Schoolmen and Lawyers observe they are not only Irregularities but meer Nullities Because man wants power to make such Laws God gives no man Authority to contradict the Law of Nature which is his own Law and Commands nothing but what is reasonable so that what contradicts this must be unreasonable He that lays violent hands upon himself for wickedness committed tho' commanded by the Magistrate saith Wendelin Philos Mor. b. 1. c. 28. wrongs himself by executing that Command because the Command of such a Magistrate is unjust and against Natural Divine right therefore Obedience performed to it must be unjust And verily if a Kingdom may not defend it self by Force of Arms when grievously oppressed then this Absurdity will follow that we our Liberties Wives Children and Religion may be destroyed when Tyrants and evil Rulers please And all the Remedy is Lord have mercy upon us and our Children But surely this is against common Sense and Reason as I have shewed and God and Nature hath not placed Mankind in such circumstances If this be so then we are in worse case than the Heathens and all other Humane Commonwealths as an Enemy of ours saith which both before and after Christ have had means to deliver themselves from such Tyrants as were intolerable and evidently pernicious to Humane Society and the good of the People for whose peace and preservation they were created by Men or ordained by God This wicked Doctrine may put
the Magistrate Power or Authority to tyranize and oppress Secondly Because Governours are appointed for the good of the People Thirdly Because this is a violation of the Law of Nature First Because God never gave the Magistrate Power or Authority to tyrannize and oppress So that to resist illegal Oppression is not to resist God's Ordinance but mans Usurpation not the King's Authority but his Lust Hence the Prophet Elisha defended himself 2 King 6.32 Elisha sat in his house and the Elders sat with him and the King sent a man from before him and ere the Messenger came to him he said to the Elders See ye how this Son of a Murderer hath sent to take away my head Look when the Messenger cometh shut the door and hold him fast at the door Is not the sound of his Masters feet behind him He calls him the Son of a Murderer because his Father Ahab had killed God's Prophets and he was like him in disposition But that which is to our purpose is that he resisted the King's Messenger he calls upon the Elders to assist him as knowing that God gives no Power to Princes to punish the Innocent And therefore they may defend themselves There is First Private defence Secondly Publick Private defence is proved by this Text. It is lawful against a sudden and illegal assault of a Messenger sent by the King If against a sudden as one saith why not against deliberated and plotted for they are worse This example of Elisha is brought to prove the lawfulness of using force against a King in using violence Prayers and Tears are very good means against tyranny but they are not the only means To kneel down and say Lord help us and not stretch forth an hand to help our sevles is not to trust God's Providence but to tempt God and to try whether he will work a Miracle for our safety It is Presumption and not Piety so to trust to a good Cause as not to use all lawful means to maintain it Here is forcible Opposition allowed against a Messenger Commissioned by the King The Elders are desired to seize him This act of Elisha was plainly contrary to the King's Command Secondly Because Governours are appointed for the good of the People He is the Minister of God to thee for good Rom. 13.4 But if thou dost that which is evil be afraid for he beareth not the sword in vain for he is the Minister of God a Revenger to execute wrath upon him that doth evil He hath not Arbitrary Power but his Power is limited And this is the end of his Government even the welfare of the Kingdom Now if the Subversion of the Government be designed and the Destruction of the People aimed at by Evil Counsellors then the Law of God allows and the Law of Nature requires the People to defend themselves The Magistrate is the Minister of God He sustains the Person of God as a Legate as one glosses and as is the Lord so is the Minister But God doth not punish the good but praise them Therefore the end of Government is that we may live justly and quietly and that the Body Politick and Publick Honesty may be defended If these are violated in an high measure the People are not bound to stand still and have their Throats cut The Sword is to defend the good and punish the evil but if the Sword be used to the contrary then the People must defend themselves Finally The cause of the Institution of Magistracy is to defend and honour the Good This is the call that Magistrates have for they ought not to rule for their own sakes only but for the publick good And they are not possessors of an unbridled Power but with such as is for the safety of their Subjects Thirdly Because this is a Violation of the Law of Nature The Subject as several Authors speak may be said to take up Arms either First As an Act of Self-Preservation Or Secondly As an Act of Jurisdiction exercised towards his Prince The first way we say it is lawful The second way we contend not for it because Jurisdiction properly signifies Power of Office The Schools out of Aristotle saith Wendel Philos Mor. b. 1. c. 29. distinguish Natural and Civil right by the Properties He assigns three Properties of Natural right The first is taken from the Efficient For Natural right hath its Original and Authority from God who first put it into the Minds of men in the Creation and after the Fall also in some manner preserved it in the Posterity of the first Men. Hence it is called by Aristotle The first Right or the first thing that is Just The second is from the Force and Efficacy The Right of Nature is understood by all indued with a sound Mind and every where among all hath the same Force Hence it is immutable and cannot be abrogated The third is from the end The Right of Nature is chiefly referred to Honesty There are also three Properties of Civil and Legal Right taken from the same Arguments The first is from the Efficient Civil Right hath its rise and authority from men by whom it is constituted with common consent with probable Reasons taken from the Law of Nature or some Circumstances The second is from the Force and Efficacy This Right obliges no body before it is established and constituted but after it is established and confirmed it begins to oblige under pain of Transgression Hence it may be changed and abrogated The third is from the End It is chiefly referred to Profit tho' it presupposeth Honesty from Natural Right Here it will not be amiss to lay down a few Definitions and Rules for the more ease understanding what we mean by the Law of Nature First There is an Eternal Law which the Schoolman out of S. Aug. b. 6. Of Free Will describes thus The Eternal Law is the highest reason which we must always obey by which Evil Men deserve Misery and Good Men a good Life by which that which is Temporal is rightly made and rightly changed From this Eternal Law flows the Law of Nature And accordingly Aquinas tells us The Law of Nature is nothing but a Participation of the Eternal Law in the reasonable Creature And Grotius saith Culverwell describes it thus The Law of Nature is the Dictate of right Reason shewing that there is Moral filthiness or Moral necessity in some Act from the convenience or inconvenience or disagreement thereof with the reasonable Nature it self and consequently that such an Act is either forbidden or commanded by God himself the Author of Nature The Laws of Reason saith the ever-renowned Hooker Eccl. Pol. b. 1. Parag. 8 have these Marks to be known by First Such as keep them resemble most lively in their voluntary acts that very manner of working which Nature her self doth necessarily observe in the course of the whole World The works of Nature are behooveful beautiful without superfluity or
Land of Judah Then David departed and came into the Forest of Hareth where were many secret places v. 5. And Abiathar the Priest who escaped Saul's cruelty fled to David and joyned with him v. 20 c. Which still justifies Self-defence in case of Oppression He had the Ephod in his hand Whether this were by chance as some Expositors say or by choice he light upon the High Priest's Ephod saith Mr. Trappe that had the Vrim and Thummim in it It was surely a sweet Providence of God for the comfort of his poor Servant David Hence God answered not Saul by Urim and Thummim 1 Sam. 28.8 For it was now with David not with Saul This Ephod thus brought saith one was more than if many thousand Souldiers had come to David After his departure from Keilah David abode in the wilderness in strong holds and remained in the Mountains in the wilderness of Ziph and God still preserved him v. 14. of this Chapter of our Text. Ziph belonged to the Tribe of Judah and the Mountains of this Region were craggy and full of clefts of Rocks and therefore places of good shelter and defence Yea David's cause was so plain and good that Jonathan Saul's Son would not joyn with his Father agianst David but made a League with him v. 18. Again v. 29. David dwelt in strong holds at Engedi He would not trust Saul For he knew the disposition of Saul his inconstant mind and unbridled violence especially since an evil Spirit had troubled him Again 1 Sam. 24.2 Saul took three thousand chosen men out of all Israel and went to seek David and his men upon the rocks of the wild goats What need Saul have three thousand men if David did not defend himself And v. 22. David and his men gat them up into the hold He would not trust Saul who had so often promised and broke his word And verily in Matters of so great concernment Credulity argues great Folly Tr. Saul was faithless and David had no reason to believe him And 1 Chron. 12.8 the men of might and the men of war forsook Saul and joyned themselves to David The Tribe of Gad was near to Moab and in a desert place through which David wandred and therefore they joyned with him And v. 17. David went out to meet them and answered and said unto them If ye be come peaceably to me to help me my heart shall be knit to you but if ye be come to betray me to mine Enemies seeing there is no wrong in my hand the God of our Fathers look thereon and rebuke it Did not David tho' yet a Subject to Saul take up Arms and make forcible Resistance It is said expresly v. 18 19. Then David received them and made them Captains of bands And there fell some of Manasseh to David when he came with the Philistins against Saul to Battel And when ever Amasai uttered those words v. 18. whether before or after David had the Kingdom I need not dispute it is evident that they argue the goodness of David's cause The Spirit came upon Amasai who was chief of the Companies and he said Thine are we David and on thy side thou Son of Jesse Peace Peace be unto thee and Peace be to thy helpers for thy God helpeth thee It was a Form of Salutation familiar with the Jews when they wished prosperity and good success to any person And the Ingemination shews their Zeal And the whole demonstrates that for the Innocent to defend themselves even by force of Arms is very pleasing to God Thus I have demonstrated that it may be deduced from this Text That it is lawful for Subjects to defend themselves by force of Arms against the oppression and violence of their Kings I shall now enter upon the second Question Whether it may be deduced from any other Grounds I am for the Affirmative of this Question It may be deduced from Scripture or Reason That it is lawful for Subjects to defend themselves c. And here it will be convenient to set down what is agreed upon on both sides First That all Governours in their several Dominions and Places are to be honoured according to their several Dignities and Titles with due homage and Allegiance of all their Subjects We must render to Caesar the things that are Caesar's Honour to whom Honour is due Fear to whom Fear Tribute to whom Tribute And this out of Conscience and for the Lord's sake who hath made them his Ministers Secondly It is a most hainous Sin a Crime of a deep dye by thought word or deed to derogate from the honour of our Governours or to indeavour to raise Factions and Discontents among their Subjects He that any way despiseth Dominion or speaketh evil of Dignities is a vile Transgressor Thirdly To resist Governours when they rule according to Law is to oppose God's own Ordinance And therefore Rebels ought to be most severely punished by Governours themselves and shall certainly indure God's wrath without Repentance and receive Damnation Fourthly Every Subject is bound by all good means to assist his Governours in the due Execution of Law and Justice and to hazard Life it self upon his Lawful Commands and to discover all Conspiracies Treasons or Violence offered or intended to be offered to his Person Fifthly Every Christian Subject living under the Government of a Prince of an idolatrous heathenish or false Religion is not therefore loosed from the Bond of his Allegiance But he must readily yield Active Obedience to all lawful Commands of his Governours and Passive Obedience so called that is He must quietly and meekly suffer when the Laws of his Governours Command that which is against the Laws of his God and his Saviour whom he ought to fear in the first place Sixthly Every Governour is bound in Conscience to defend and protect his Subjects in their lawful Rights and Liberties and not to Command any thing that God hath forbidden And if he doth oppress them by illegal Impositions or punish them for a good Conscience he is guilty before God and must expect the vengeance of God who is King of Kings and Lord of Lords Seventhly Every Oppression or Corruption in Government is not presently sufficient to defend our selves by force But it must be such Oppression as tends to the Dissolution of the Government to the Destruction of Liberty to the Ruin of the Subjects or to the Change of Religion by Law Established And in this Case also Defensive Arms are not Lawful till Petitions and all other good means which may prevail with our Governours be used and yet fail of their end Thus as I conceive I have impartially represented both parts And I know no man of Worth Piety or Learning who will not easily assent to these Conclusions I shall now confirm my Opinion that it is lawful for Subjects to defend themselves by force of Arms against the Oppression and Violence of their Kings First Because God never gave
came to make him King And in Deut. 17.15 Thou shalt in any wise set him King over thee whom the Lord thy God shall chuse One from among thy brethren shalt thou set King over thee The Election of a King is attributed to God but the Constitution to the People God's choice and the Peoples choice are consistent So God approved Saul and David and they were anointed by the Prophet Samuel and chosen by the People also In the Common-wealth Magistrates are called the Ordinance of Man or an Humane Creation 1 Pet. 2.13 Because tho' Magistracy in general be the Ordinance of God yet this or that special kind of Magistracy whether Monarchy Aristocracy c. is of man Governours covenant to defend the people as well as the people covenant to obey them and the Obligation of Conscience is consequent to this Agreement And our present Sovereign Lord and Lady King William and Queen Mary have as good a Title and we are bound in Conscience as willingly and heartily to honour and obey them according to the Law of God and our Country as ever we were to submit to any Prince 2. We must consider that all Government is for the safety and good of the Community We must eye as one saith in another case the end which always steers the Action among such as be Agents by counsel In all Combinations there is and will be some common end that end must have means to attain it to these means and rules each man must bind himself to attend and in case he doth not to submit to another to be directed and reformed or else to yield to the whole that he may be censured and removed therefrom For otherwise the End cannot be attained nor the Means attended with profit or any powerful success in reason For if each man may do what is good in his own eyes proceeding according to his own pleasure so that none may cross him or controul him by any power there must of necessity follow Distraction and Desolation of the whole when each man hath liberty to follow his own Imagination and humoursome devices and seeks his Particular but oppose one another and all prejudice the Publick Mutual subjection is as it were the sinews of Society by which it is sustained As for the Governour S. Paul saith plainly He is the Minister of God to thee for good Rom. 13.4 This is the End of Government That the People may be happy The Preservation of our Lives Liberties and Properties is the Reason of Rule and Subjection See the former Discourse Kings are not set over us to make us in a worse condition than we were by the Law of Nature which I am sure is the unwritten Law of God only written in the heart as S. Paul saith but that we may be safe and live without fear of wicked men who have extinguished the Light of Nature and Reason And like Brutes that have no understanding like Beasts of prey Lions and Wolves would devour the poor innocent man the good and righteous who lives according to his reason and conscience It concerns all Mankind with utmost zeal to preserve their Laws for otherwise the Sons of Belial will conspire and oppress the poor righteous man and they will make their Strength the Law of Justice as the Son of Sirach saith This I Will and this I Command and my Will shall stand for Reason This is the Voice of Proud Oppressors They make their Lusts their Law and their Will their Ruler But Reason the Candle of the Lord and Scripture the revealed Will of God inform us that Order and Dominion and Rule is not to make us slaves but that we may lead a quiet and peaceable Life in all godliness and honesty 3. We must consider that there may be such Crimes as may forfeit the Crown and Throne and reduce all to first Principles Here it will be convenient to consider 1. What Crimes we suppose make a Forfeiture 2. To demonstrate that such Crimes forfeit the Crown 1. I shall consider what Crimes we suppose make a Forfeiture And this may be done for more plain understanding 1. Negatively 2. Affirmatively 1. Negatively Personal Crimes do not forfeit a Crown A bad Man morally may be a good King Politically Dominion is not founded in Grace tho' it is much to be desired as being their bounden Duty that Kings would live in the Fear of God However as a most zealous Divine on our side grants There is required in Subjects a Toleration of the spots blemishes or infirmities of Magistrates For the Magistrate hath a burthen no less laborious than dangerous under which he must necessarily often faint and endure Extremities so that sometimes he hath scarce place or time to breath And therefore it is no wonder if he be sometimes drawn away by Humane Affections as Pride Ambition Intemperance Pleasure Sloth Forgetfulness Security Anger Fury and Passions of like kind To which they are wont to be more obnoxious than others as they are urged with greater Troubles and Assaults Therefore then it is the Duty of Loyal Subjects patiently to bear those Infirmities as it is meet that Children should hide the blemishes of their Parents It is true a Prince ought to be just and judge as for God but a wicked Prince as Ahab must have Obedience and a good Obadiah may be his servant An habitual sinner whom God will judge and condemn may not be questioned by his Subjects David's Adultery and Murder of Vriah was not sufficient to depose him Such Crimes must be left to God's vengeance And private Oppressions are not Causes sufficient but here Prayers and Tears must take place and we must as our Saviour adviseth in Patience possess our Souls 2. Affirmatively Such Crimes as are Epidemical or Universal and are of great concern to the whole Body Politick to the whole Nation As invalidating Laws made for Publick Security endeavouring to subvert the Rights of the Subject Liberty and Property or subverting of the Religion by Law established whereby Thousands of poor Innocents must be ruined breach of Covenant Oath and Promise whereby Publick Faith is indangered and all Subjects with reason are made jealous And here pray imagine me in Vtopia and take it for a supposition If a Kingdom is in such danger whether they ought not to secure themselves I could wish it had consisted with Gods Providence that I had not lived in such unhappy days wherein a man that speaks truth is envied by his Neighbour Or I could wish that I had not such unlucky Stars as that I must necessarily go against my Conscience if I should justify or connive at the late Proceedings of the Court Faction and Jesuitical Society I was as true and faithful to the late King notwithstanding his Religion as long as he kept his Oath and Promise as any Subject in Reason Knowledge or Conscience could be But when I evidently perceived that the design was to Subject us to Rome and