45.1 2 3 4. Dan. 2.21 and 5.26 28. Rom. 13.1 and therefore are called the Ministers of God Rom. 13.4 but never the Ministers of the People and God himeself hath called them Gods Psal 82.6 to ascertain us that their Persons are Sacred to him and their Authority of his immediate Delegation and not derived from any voluntary Paction or positive Constitution made and ratified betwixt them and their Subjects which is forfeitable and revocable according to the express or tacite Tenor of the Fundamental Contract as these Men sometimes phrase it And as the first Dominion and Government of Divine Ordination was Monarchical so we have no reason to think that it was God's intention that that Species or Form of Government should be altered and another introduced because we have no instance of any other Government either of his immediate Ordination or Approbation and so far as I am instructed in divine Revelations we have no Rule for the Establishing of any other Form of Government nor direct precept to submit to any other as of his prescribing and when Men prefer their own Inventions before divine Institutions they bring forth as Aaron did a Calf instead of a God The Church of England having determined That the most high and sacred Order of Kings is of divine Right being the Ordinance of God him elf founded in the prime Laws of Nature and clearly established by express Texts both of the Old and New Testaments those pretended Sons of the Church need good foreheads who presume to affirm them to be their Peoples Creatures and to owe their Authority and Power solely to them and ought to exercise no more than they have by their Concession I hope God hath such Grace and Mercy in store for this Church and Kingdom that he will raise up Men of greater Abilities and better Opportunities than can be pretended unto by my self to defend the crowned Heads thereof from such Assailants but if these ensuing Discourses in any measure prove a Countermine to their designments and contribute any degree of assistance towards the Security of the Publick Government I shall ascribe all the Honour thereof unto God and Your Majesties will have no reason to discountenance the Honest though Weak Endeavours of Your Majesties most Loyal Subject LEWES SHARP THE Church of England's DOCTRINE OF Non-Resistance JUSTIFIED and VINDICATED c. ROM 13.2 And they that resist shall receive to themselves damnation THE grand Design of Religion is the Resignation of our selves to God that it may be well with us both in this world and that which is to come and therefore the Appearance of the blessed Jesus is represented as bringing Glory to God on high on Earth Peace good Will towards Men. And the well-being of Mankind in this World greatly depending on the Safety and Peace of publick Societies the Christian Religion hath a special Regard to the Protection and Preservation of them And Civil Authority being under God a most efficacious Instrument thereof signal care is taken for its security that it be not weakened or disturbed in its being and exercise but maintained and observed by all that are subjected thereunto as my Text with its coherence doth abundantly evidence Sect. 1. In the former Verse the Apostle chargeth it as a Duty incumbent on all Mankind to be subject to the Higher Powers Let every Soul every one without exception or reservation be Subject yield Submission and Obedience to the Higher Powers the lawful Possessors and Administrators of Supreme Authority for though the Word Powers be in the Abstract yet we are to understand them concretively as signifying the Persons which exercise Authority And 't is ordinary in Scripture by a Metonymical Phrase to put the Abstract for the Concrete the Adjunct for the Subject which was not here unadvisedly used because the Design of the Apostle is to ascertain us that every Person under Government of what Rank or Order soever he be is obliged to yield Subjection to his legally Supreme Governour howsoever he be qualified for his Religion or moral Deportment Sect. 2. And the Reason he gives doth equally effect all Subjects and equally relate to all that are advanced to Supreme Authority for there is no Power but of God and the Powers that be are ordained of God that is the Original of all Authority is from God and consequently whosoever partakes of it is to be acknowledged as God's Commissioner to rule and govern all that are placed in a State of Subjection to him and although we are to be subject and obedient to the Officer for his Office-sake yet our Subjection and Obedience immediately refers to the Officer himself because we are ruled and governed by the Officer i. e. by a Man invested with and exercising Authority over us and not simply by an Office which abstructively considered is utterly ineffective to all the Purposes of Government as 't is not the Kingship which makes and executes Laws but the King 't is not the Portrieveship or the Constableship viz. the bare Office in either respect but the Portrieve and the Constable which suppress Disorder and administer Justice in any case Sect. 3. When God therefore Commands every Soul to be subject to the Higher Powers he Commands every soul to be subject to that Person or Persons who legally possess and actually exercise by themselves or substitutes the Supreme governing Power or else in effect he Commands nothing at all because the Power abstracted from the Person cannot rule us nor consequently be a Terror to evil Works or a Praise to good Works 't is not simply the Office but the Man in office which is the Minister of God to us for good and which beareth not the Sword in vain but revengeth evil doing All which considered when the Apostle saith in the former part of the Verse to which the Text belongs Whosoever therefore resisteth the Powers resisteth the Ordinance of God his meaning must needs be That whosoever resisteth that Person or Persons who have the Right to Rule and Govern and exercise Dominion and Authority over him he resisteth the Commission and Authority of God himself because the Authority of the Magistrate is an Authority derived from God himself He therefore who affronts and opposeth the Magistrate who is God's Vicegerent affronts and opposeth God himself and then we cannot think it strange that they which thus resist should receive to themselves damnation Here are Three Things which need a little Explication 1. What the Apostle intends by Resistance or they that resist 2. What he intends by Damnation 3. What he intends by Receiving to themselves the damnation spoken of Sect. 4. 1. What the Apostle means by Resistance or they that resist 't is very manifest that Resistance is directly opposed to Subjection and includes all practicing from a Spirit of Averseness Contradiction and Opposition and consequently so far as we refuse to yield subjection to the Authority of the Higher Powers we resist them Now
the Tribes of Israel 1 Sam. 15.17 and so successively all that were anointed Kings were Kings over Israel and not only over this and that and the other Israelite And our Laws have ever accounted the King post Deum secundus next to God and solo Deo minor less only than God in his Dominions and vicarius Dei Gods Vice-gerent and not the Peoples Vicar-general And the Oath of Supremacy is designed to agnize the King's Highness to be the only Supream Governour of this Realm And if be be Supream he is subordinate to no Person or Body Politick whatsoever if only Supream he hath no equal or coordinate Authority with his if Governour of this Realm he is over all collectively or representatively considered as well as over particular Families or individual Persons And in the Statute of 24 Hen. 8. ch 12. 't is acknowledged That by divers old Authentick Histories and Chronicles it is manifestly declared that this Realm of England is an Empire and so hath been accepted in the World Governed by one Supream Head and King baving the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People divided into Terms and by Names of Spirituality and Temporality being bounden and owing next to God a Natural and humble Obedience he being instituted and furnished by the goodness and sufferance of Almighty God with plenary whole and entire Power Preheminence and Authority c. Here 't is declared that the Body Politick compact of all sorts and degrees of People do owe unto the one Supream Head and King next to God a Natural and humble Obedience And this Plenary Power of his is not derived and entrusted from the People but is instituted and furnished by the goodness and sufferance of Almighty God And answerably when both Houses of Parliament Address themselves 't is not in a Form implying either Superiority or Equality but as humble Petitioners Faithful and Obedient Subjects e. g. in Stat. of Elizabeth 30. we most humbly beseech your most Excellent Majesty your Faithful and Obedient Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament Or thus we your Majesties loving faithful and obedient Subjects representing your three Estates of your Realm of England c. except we should overmuch forget our Duties to your Highness c. do most humbly beseech c. a plain indication that their Parliamentary Authority is not Imperial or Royal but consultive and approbative And by what Chymical Art or Politick Fetch any Man can from hence infer a real Sovereignty or Majesty lodged in some essential Body of Men in contradistinction to the Personal Sovereignty and Majesty of the King which is superiour to that lodged in and exercised by the King and may as opportunity offers warantably resist and evacate it is past my understanding to imagin Sect. 25. I shall conclude this Branch of my Discourse with this request to you I pray consider to what purpose are all those Ornaments of State with which the Wisdom of our Ancestors have invested the Regal Dignity if the Persons that partake of them cannot prorect themselves against the Assaults and Outrages of their Subjects but may be deposed and have a writ of ease served upon them when they think fit to judge the Power entrusted with them forfeited and to revoke it If a Crown cannot secure the Princes Head that wears it nor the Throne he sits on mount him above force and compulsion nor his Scepter awe the seditious and turbulent they are meer pageantries and pompous ostentations of Vanity and have nothing of real magnificence and usefulness in them But as delight is not seemly for a Fool so much less is it seemly for a Servant or a Subject to Rule over Princes Pro. 19.10 which concludes my Argument against the Resistance of Sovereign Princes drawn from the Principles of common Reason Sect. 26. 2. The next thing to be evinced to you is That 't is against the Principles of Religion as well as of Reason to allow Liberty to Subjects to resist the Sovereign Powers with armed Force in any case and upon any pretence whatsoever And that I may do it the more satisfactorily I will shew you both from the Jewish and Christian Constitution that 't is unlawful for Subjects to resist the Supream Powers with armed Force 1. I shall begin with some Reflections on the Jewish Constitution I find that some very learned Men have thought That in some Cafes 't was lawful under the Jewish State to take Arms against the Sovereign Power who notwithstanding affirm'd that 't is utterly unlawful for Subjects so to do under the Christian Constitution Christians being restrained by the peculiar Precepts of the Gospel from that liberty the Law in that case allowed But so far as I can judge this is an indefenceable Opinion for the Christian Constitution doth not introduce a New Foundation of Civil Policy and common Rights nor establish any new Prohibitions for the Defence of just Rights by a lawful Authority And therefore I conclude 't was unlawful for all Subjects under the Old Testament Dispensation to resist the Higher Powers as well as under the New Sect. 27. From Moses to Saul the Government of the Jews was a Theocracy that is God himself was their Supreme Lord and King and immediately exercised a ruling Power over them by Persons of his own Election and Constitution who in all cases of difficulty had immediate recourse to God for direction and accordingly when they grew weary of Samuel's Government who was thus appointed over them they are said to reject God himself 1 Sam. 8.7 and 1 Sam. 10.19 and therefore in all that time the Resistance of the Supreme Power was a Resistance of God himself the only Difficulty then is How the Case stood after Saul was invested with the Kingly Government of that People whether that Sovereign irresistible and unaccountable Authority and Power which was formerly subjected in and exercised by Moses and Aaron and the succeeding Judges and High Priests was translated to them who afterwards were possessed of and exercised the Kingly Authority and Power Sect. 28. For the right Understanding of which we are to consult what God commanded Samuel in his Name to protest to the People of Israel concerning the Kingly Office and Power of which we have an account in 1 Sam. 8.9 to 18. in vers 11. This will be the manner Mishpat the Right say some of the King that shall reign over you He shall take your Sons and appoint them for himself for his Chariots and to be his Horsemen and some shall run before his Chariots And he will take your Daughters to be Confectionaries Cooks and Bakers and he will take your Fields and your Vineyards and your Olive yards even the best of them and give them to his Servants and he shall take your Men Servants and your Maid Servants and ye shall he
this Preamble At the Request of the Commonalty by their Petition made before the King in his Parliament c. so again in 9 Edw. 3. 'T is thus prefaced Whereas the Knights Citizens and Burgesses desired our Sovereign Lord the King in his Parliament by their Petition and many of the Statutes are penned in this Imperial Stile The King Commands The King wills Our Lord the King hath established Our Lord the King hath ordained And of his special grace hath granted c. See 3 Edw. 1. and 6 Edw. 1. and 25. Edw. 3. Statute of Marleburdg 52 Hen. 1. and Statute of Quo Warranto A sufficient Evidence That all our Laws owe their Being to the King's Authority only Sect. 99. 2. All the judicial Courts of England are the King's Courts and derive all their Authority originally from him and are obliged to refer the Exercise of their respective Jurisdictions finally for the Preservation of his Person Crown and Dignity and consequently the High Court of Parliament is the King's Court too and depends on him for that Authority which is there exercised And 't is well observed by my Lord Coke That the King is Principium Caput Finis Parliamenti and answerably in the Parliament writ the King calls it Quoddam Parliamentum nostrum Thereby signifying a Subordination of the Estates convented in Parliament under him sitting there in his Royal Political capacity And consequently the Acts of the Two Houses of Parliament without an impress of Royal Authority are nothing worth to the Purposes of Government 'T is no Argument that the Two Houses of Parliament have a Co-ordination with him in his legislative Authority because he hath restrained himself from the Exercise and Use of it without their Request and Consent for it is no more than a Conditio sine qua non which hath only the Force of a Negative without the Concurrence of which the principal Efficient obtains not its Effect Sect. 100. 3. The Measures or Degrees of all Civil Authority and Power are to be taken either from the express Laws of any State or the immemorial Customs and Prescriptions thereof from a long Possession or from the Oaths the Subjects swear to their Princes This is acknowledged by the Author who pleads for a Co-ordination of the Houses of Parliament with the King in the Legislative Authority of the Kingdom as a proper Rule by which to judge where the Legislative Power of a Nation is lodged and this being impartially attended will evidently discover That the Legislative Power is in the King only For 1. If we consider what the Laws determine we shall find that they ascribe it wholly to the King See to this purpose the afore-quoted Preface to a Statute in 24. Hen. 8. where 't is thus said For by divers Old Authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the World governed by our Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the Same unto whom a Body Politick compact of all sorts and degrees of People divided in Terms and by Names of Spiritualty and Temporalty have been bounden and ought to bear next to God natural and humble Obedience he being also in Statute and furnished by the Goodness and Sufferance of Almighty God not of the People with Plenary whole and entire Power Preheminence Authority Prerogative and Jurisdiction to render and yield Justice and final determination in all Causes Matters and Debates Likewise in the Statute of the 35 of Eliz. this Submission after Non-conformity to divine Service is to be made openly in some Church I do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over His Majesty Which Statute was declared to be in full force in the 16 of Ch. 2. 2. This Authority and Preheminence as the former Statute mentioned implies is of immemorial Custom and Prescription and was so far as I can discover never questioned in any Parliamentary Convention of the States till 1642. and then by the Two lower States only too and then the Co ordination in the Legislative Power was asserted to warrant and justify one of the most unreasonable and barbarous Rebellions that ever was in this Kingdom 'T is declared by the Statute of 16 Rich. 2. That the Crown of England hath been so free at all times that it hath been in no earthly Subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other and if to none other then not to the Two Houses of Parliament and in 1 Jam. 1. The High Court of Parliament wherein as they speak the whole Kingdom in Person or Representative was present i. e. all Estates and Degrees call themselves his Majesty's Loyal and Faithful Subjects and declare his Majesty to be their only Liege Lord and Sovereign and agnize their constant Faith Obedience and Loyalty to his Majesty and Royal Progeny And I will be so bold as to challenge this Author to shew from any Parliamentary Record that ever the Two Houses claimed or pretended to a Co-ordination with the King in the Legislative Power till the time above mentioned 3. What can be more evident for the Determination of this matter than the Oath of Supremacy by which every Subject is obliged to testify and declare in his Conscience that the Kings Highness is the only Supreme Governour of this Realm and of all other His Highnesses Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temperal as He is Supreme He hath no Superior and as He is only Supreme He can have no equal they that wrest the Supremacy of the King's Government to import only the executive part of Government manifestly subvert the primary Design of the Oath which was to restrain and preserve the King's Subjects from a Submission to the usurped legislative and juridical Authority of the Bishop of Rome So that if the Bishop of Rome pretended to both parts of Government as 't is certain he did and still doth then the Oath directly intends an opposition to both and consequently ascribes the only Supremacy appropriately to the King both respectively to the Legislative and Executive part of the Government Sect. 101. 4. Suppose contrary to all this plain evidence that the legislative Power is lodged between the King and Two Houses of Parliament how will this prove a Superior Authority in them above that in the King Par in Parem non habet potestatem An Equal is no Superior Indeed according to our Authors affirmation here are Two to One which is very great odds if he intended to press to his Service that Maxim Major pars obtinet rationem totius the major part of the Legislators virtually are the whole For this will at the Pleasure of the Two Houses render the Concurrence of the King