misguiding Meteor of Arbitrary Power I also considered the Proceedings of the Government in the latter part of King Charles the Second's Reign and the short Reign of King James the Second and perceived how exactly they followed the steps of these two unfortunate Kings and I then expected to see a Revolution resembling theirs When King Charles had prepared things ready for Popery and Slavery he seemed no longer useful to those that eagerly waited to assume that Power that the Papists had guided him to make ready for them and as his Actions were like those misguided Princes I believe his Death as much resembled theirs and was equally as violent There was not a particular Action of any note of these two late Kings that did not seem copied from those two unfortunate Princes the Interest of England prostrated to that of France the murdering of great and considerable Men the violent seizing the Rights and Liberties of the City of London the Quo Warranto's on Corporations consequently on the Nation Laws prostrated to the King's Will Westminster-Hall fitted with proper Judges for that Design And as in King Richard the Second's time by resolving the Queries of the Earl of Suffolk the Judges made the King the sole Judg not only of Law but whether there should be any Law or no and the Offence against his Will became the only Treason so the apt Judges of the King's-Bench in the Case of Sir Edward Hales resolved the same though in another manner but in a more seeming abstruse way as if they endeavoured to shew Modesty in Nonsense First they declar'd the Laws were the King's Laws and in case of Necessity the King was to judg of those Laws and then that the King was Judg of the Necessity And lastly as my Lord Coke says to bring the worst Oppression upon us which is done by the colour of Justice they did not only attempt to corrupt the Law by poison'd Judges but by packing Parliaments endeavour'd to confirm the begun Slavery by Statute-Law There was only one sort of Mischief and the greatest that those two unfortunate Princes had no occasion to be equal in with our two late Kings especially King James for they being then of the same Religion with the People could not endeavour the subverting of it so that K. James had a peculiar Tyranny to exceed them in This threatning Storm upon the Souls of Men was providently foreseen by the Parliaments of Westminster and Oxford who therefore press'd the Point by a Bill of Exclusion to secure themselves against a Popish Successor I was a Member of both those Parliaments wherein the Debates seem'd to me very clear and almost unanimous and they were too well justified by the Popish Successor when he came to the Crown for he made good the Foundation of their Opinions and Apprehensions that such a one could never defend a Faith that was contrary to his or be a Father to those he believ'd no Sons of God as if it were possible that his Concern should be for their Liberties that his Opinion had delivered up to eternal Slavery The truth of this appearing by his Actions has by this time I hope bred a repenting Consideration in such as strenuously supported that which was so near bringing a Ruin on us all and had not this King brought us such a timely Redemption we had practised Passive Obedience against our Wills and in our Souls and Bodies felt the Misery of that Doctrine the Encouragement of Destruction But yet we see a History of this Doctrine of Passive Obedience new put forth which is no better than an Arraigning this present Government and all those that contributed to this happy Change which shews as if there were some that would rather see the violent Destruction of their own Religion than disturb the quiet Settlement of Popery as if it were more Religious to suffer God not to be worshipp'd than to pull down an Idol set up by a King as if we were to believe he had a divine Right to consecrate Idolatry but I leave that zealous History under the Execution it has receiv'd from the Excellent Mr. Johnson in his short Reflections upon it which can receive no greater a Character than to be like himself and his other Writings both which were victorious in the midst of all his barbarous Persecutions And as the Nation receiv'd the benefit of his Writings and Example I doubt not but he will share a Reward proportionably to the Assistance he gave to their Redemption It will not be improper therefore to consider the Cases of those two Princes Edward and Richard the Second who were deposed by the People in their Representatives presuming they had a Right to re-assume that Power which was derived from them when any Prince forfeited the Trust they had placed in him and acted contrary to his Executive Office and they expresly declared to King Edward the Second that if he did not freely consent to a Resignation they would not elect his Son Edward but such a one as might be proper for the Good of the People tho no Relation to his Blood and the King returned his Thanks That since they had taken such a Displeasure against him that they would yet be so kind to his Son Nor has this Electing of Kings been so unusual in England since seldom any Government has had more broken Successions But before I proceed to shew how this Right was and continues in the People I will take leave briefly to shew what a Prince is according to their Doctrines that have with an unlimited Zeal asserted Passive Obedience and the Laws to be only the Properties of a King 's Arbitrary Will I remember when Julian the Apostate came out many of the Clergy seem'd very much disturbed and as I was informed there was a Club that assisted the Answer to it called Jovian I mention this that when from thence I set down the Positions of that Doctrine of Passive Obedience they may be look'd upon as the sharpest Arrows they could draw from all their Quivers and then if any Weakness or Contradictions appear in them methinks the War should be at an end when the Joint Forces under a chosen Hector are defeated and the Rout and Disorder comes from their own Opinions that fall foul upon one another In many Places of Jovian an unlimited Passive Obedience is prescrib'd as a general Remedy in all Publick Diseases that is Destruction is the best Recipe against Destruction and the Disease is to become the Cure But the Author having heard of such a thing as Laws and not knowing how to put them out of the way to make room for this Doctrine which makes a Destroyer lawful he finds out a Diamond to cut a Diamond and a Law never heard of to destroy the known Laws in these sublime Words The Political Laws are made to defend the Rights of the Subject but in case the Soveraign will Tyrannically take away a Subject's Life
possession of the Place where he was when he agreed and seal'd the Security And by the same reason it appears that the King of France has as much Right to govern us as a King of England to govern us for every Prince has equal Right to Slaves for Power is all the pretended Right to Slavery And if the Contract between King and People be implicit there is certainly but an implicit Difference between Slaves and Subjects By this Religious Duty of Passive Obedience equally paid to just and unjust to legal and illegal Power the Sacrifices offered to God are the perswasion to Tyranny the security of Mischief the encouragement of Sin the destruction of good Men and the preservation of the Bad Lastly the justifying of Wrong by Divine Right and a pretended Account to be made up only with God to defraud his People of their just Rights here But I hope this late Happy Revolution has satisfied every undesigning Heart beyond all Arguments and shewed the Falseness of their Reasons as well as prevented the Mischiefs of their Doctrine since contrary to their Assertions we have seen Opposition with much less expence of Blood than Submission would have suffered to be spilt and Arbitrary Tyranny changed into a Limited Monarchy FINIS Jovian pag. 211. Jovian p. 274. Calvin in Dan. 4. 25. Zuinglius Tom. 1. Art 42. Pet. Mart. in Jud. c. 3. 2 Sam. 3. 21. 2 Sam. 5. 3. 1 Chron. 11. 3. 2 Chron. 23. 12. 2 Kings 11. 17. â— Sam. 2. 4. Zuinglius Tom. 1. Art 42. When Kings reign perfidiously and against the Rules of Christ they may according to the Word of God be deposed I know not how it comes to pass that Kings reign by Succession unless it be with consent of the People When by consent of the whole People or the better part of them a Tyrant is deposed or put to Death God is the chief Leader in that Action Calâ—in on Daniel ch 4. v. 25. In these Days Monarchs pretend always in their Titles to be Kings by the Grace of God which they pretend that they might reign without Contract for to what purpose is the Grace of God mentioned in the Title of Kings but that they may acknowledg no Superiour So it is therefore a mere Cheat when they boast to reign by the Grace of God Abdicant se terreni Principes c. Earthly Princes depose themselves while they rise against God Bucer on Matth. If a Soveraign Prince endeavours by Arms to defend Transgressors to subvert those Things which are taught in the Word of God and bears himself not as a Prince but as an Enemy and seeks to violate Priviledges and Rights granted to Inferiour Magistrates or Commonalties c. they ought to defend the People of God and maintain those things which are good and just For to have Supream Power lessens not the Evil committed by that Power but makes it the less tolerable by how much the more generally hurtful Peter Martyr on Judges c. 3. Approves the Proceedings of the Parliament against Richard the Second Parâ—us on the Romans They whose part it is to set up Magistrates may restrain them from outragious Deeds or pull them down but all Magistrates are set up either by Parliament or by Electors or other Magistrates they therefore that exalted them may lawfully degrade and punish them Fenner Theo. They who have Power that is a Parliament may either by fair means or force depose a Tyrant Guilby de Obe Kings have their Authority of the People who may upon occasion reassume it Goodman on the same Subject If Princes do right and keep promise wich you then do you them all humble Obedience if not you are discharg'd and your Study ought to be in this case how you may depose and punish according to the Law such Rebels against God and Oppressors of their Country Christ. Goodman and Fenner were two that fled from the bloody Persecution in Q. Mary's Days and this Goodman had preach'd many times upon the Doctrine concerning Obedience to Magistrates which he was desired to publish in a Treatise as is testified by Whittingham in the Preface Bracton Fortescue Bracton K. Edw's Laws Fortescue Bracton Grotius de Jur. Bell. ac Pac.
against the Political Laws he is bound by the Common Laws of Soveraignty not to resist him or defend his Life against him by force It is to be observ'd that here are two sorts of Law God's Law and the Devil's Law that which supports and defends Right is God's Law that which takes away Life unjustly is the Devil's Law for he was a Murderer from the beginning But Contradictions are so frequent in that Discourse that I do not wonder to see the zealous Author shew one in his own particular and incogitantly perhaps profess a violent Resolution to break his own sacred Rule of Passive Obedience For I suppose if a Woman scolds and gives hard Names she is not Passive for then Billingsgate is Passiveness incorporated And I shall desire the Reader to judg whether there be much difference in theirs and our Author 's active Tongue-Assault for he loudly cries out with a very sharp Excursion That he should rather think it his Duty than the breach of it to tell not only a Popish Prince but a Popish King to his Face did he openly profess the Popish Religion That he was an Idolater a Bread-Worshipper a Goddess-Worshipper an Image-Worshipper a Wafer-Worshipper with an c. as if he had more Names in store for him But I must do the Author right to let the Reader know that Jovian was written when King James the Second was Duke of York and had not declar'd himself a Papist and perhaps he thought he would never have done such a rash thing but yet for fear of the worst the Author retreats to his Doctrine of Passive Obedience from this dangerous Sally he had made with an unadvised Boldness and then tells us 't is reasonable to depend on the Conscience of a Popish King and seemingly returns to a modest Repentance that he had express'd such a Displeasure against one that worshipped more Gods than one for after this terrible muster of hard Names he falls back as he was and pays such a profound Devotion to Passive Obedience that now he seems to extend it even to Thoughts as not to think ill of his own rail'd at Idolater this I suppose may be called forward and backward or to blow hot and cold in the same breath to make the Contradictions appear plain enough This Opinion yet he sticks most to if you will trust him as much as he advises you to trust the Idolater and tries to give you a Reason for it for he says That Suffering as in the Case of the Thebean Legion can never happen in Great Britain we of these Kingdoms having such Security against Tyranny as no People ever had I suppose he forgets his own Position and means a Truth that he before destroyed the Security he means if he can mean any after he has taken away all must be the Political Power that is the Laws Can any Man have the Charity to believe that he could think he proposed any Security from Laws that had set up an Imperial Power or Soveraign Law as he calls it which is the Will of a King to take them all away if he pleases He might as well tell us of a Security by certain Deeds to all which were fix'd Revocations and yet would have us depend on such Arbitrary Settlements without Right or Power to oppose those Revocations thus the continued Contradictions appear that mingle with such Notions A Man that stutters much in his Speech is hardly to be understood but such an excessive Stammering in Writing makes it much harder to guess what a Man means But in another place he gives us an additional Reason for trusting and to deter us from examining a Tyrant's Actions or opposing the Imperial that is Arbitrary Power which is That a King is accountable to none but God To make good this Opinion he quotes some of the Church-of England-Divines and of the Reformed Bochart a French-man whose Authority he often repeats As to these of the Church of England Mr. Johnson has fully answered that and quoted Statutes enough and Judgments of Convocations in Queen Elizabeth's Time that assert and support a contrary Doctrine to this unlimited Passive Obedience for they approved the Resistance of those in Scotland and France who actively and by force attempted to defend their Religion and Liberties I shall only add the Precedent of King Charles the First reputed the Church of England's Martyr He was of the same Judgment with the Church and State in Queen Elizabeth's time witness that Business of Rochel who took Arms upon the same account and received Assistance from him which approved an active Opposition against the Oppression brought on their Religion and Liberties But I find not only our Author but he that writ the History of Passive Obedience is a great Admirer of Bochart calling him the Glory of the Reformed and having quoted many of the Church-of England-Divines he then as well as Bochart's Letters to Dr. Morley quotes some other of the Reformed Divines But though I do not think this Cause depends as Mr. Johnson says upon telling Noses yet I will set down in the Margent that I may not interrupt my Discourse the several Opinions of eminent Reformed Divines which the Author of the History of Passive Obedience being so industrious to search Opinions must probably omit as not being useful for his business and indeed there are very few Arguments that may not be supported with Opinions for Flattery Design or present Interest has caused more Opinions than the true just Reason of the subject Matter could ever allow But if we should build a Confidence on this Foundation and the Prince be such a one as either does not believe or consider there is such an Account to be made up we should be miserably deceived And it hath not been frequently known that a Prince has liv'd as if he ever apprehended any Account in the other World to be given of his Actions in this all these Doctrines are but insinuating Flatteries to make Princes forget Men for the Service of God can hardly be performed by the Neglect of Men. But if the Author would have us believe that a King is accountable to none but God he ought to explain himself to us in the particular of K. James the Second a profest Papist and tell us to which of all his Gods he is to be accountable for our Good whether to a piece of Bread a Wafer an Image a Goddess or to all I could not have been so ingenious as to make his own Position so ridiculous as he himself has contrived to do it but in it self it appears a very strange Doctrine to trust to the Account a Popish King is to make with his God for those he believes his God will damn 'T would seem as rational for a Man to take an Estate to hold by the Life of a Man that he believed was to be certainly executed There is another as rational a
is to be submitted because such or such are of this or that Opinion yet since I have set down the Doctrine asserted in our Days when the hazard of Religion it self did not seem to prevail above Flattery and Design I will briefly shew also the Opinions of our Ancient and most Authentick Authors which have been often quoted and therefore I will be very short in it I will begin with an Original Agreement in Magna Charta printed by the present Bishop of Salisbury which declares That if the King should Uiolate any Part of the Charter and refuse to rectify what was done amiss it should be lawful for the Barons and People of England to distress him by all the ways they can think of as Seizing his Castles Possessions c. According to which seems grounded the Opinion That a King is not a King where his Will governs and not the Law For if a King's Power were only Royal then he might change the Laws and charge the Subject with Callage and other Burdens without their Consent But the King has a Superiour God also the Law by which he is made King For a King is constituted that he should govern the People of God and defend them from Injuries which unless he performs he loses the very Name of a King From that Power which flows from the People it is not lawful for him to Lord it over them by any other Power that is a Political not a Regal Power Let Kings therefore temper their Power by the Law which is the Bridle of Power So that the right understanding of this Law of Resisting or not Resisting in Cases of Necessity seems to depend on the Intention of those that first entred into Civil Society from whom the Right of Government is devolved on the Persons governing Certainly no Civil Society ever made a Contract with intention to be oppress'd or destroyed and he there observes that Men did not at first unite themselves in Civil Society by any special Command from God but for their own Safety to withstand Force and Violence and from this the Civil Power took its rise I will now proceed to a more proper way of Argument than Quotations and briefly consider the Reason of Government and the necessary Consequences in respect of the Conditions of the Governing and the Governed and as a Builder that designs to build strongly I will use a Foundation laid by that excellent Architect Mr. Hooker in his Ecclesiastical Polity I will faithfully transcribe his Words and though not join'd together in his Discourse yet the Reason is so strong that guides an Argument of this nature that it has naturally its own Cement and Connexion which will appear in these following Words Presuming Man to be in regard of his depraved Mind little better than a wild Beast they do accordingly provide notwithstanding so to frame his outward Actions that they be no hindrance to the Common Good for which Societies are instituted unless they do this they are not perfect it resteth therefore that we consider how Nature finde out such Laws of Government as serve to direct even Nature depraved to a right End To take away all such natural Grievances Injuries and Wrongs there was no way but growing into a Composition and Agreement among themselves by ordaining some kind of Government Publick and by yielding themselves subject thereunto that unto whom they granted Authority to rule and govern by them the Peace Tranquillity and happy Estate of the rest may be preserved Men always knew that when Force and Injury was offered they might be Defenders of themselves they knew that however Men may seek their own Commodity yet if this were done with Injury to others it was not to be suffered but by all good Men and by all good Means to be withstood Impossible it is that any should have compleat Lawful Power but by Consent of Men or immediate Appointment of God because not having the natural Superiority of Fathers their Power must needs be either usurp'd and then unlawful or if lawful then consented unto by them over whom they exercise the same They saw that to live by one Man's Will became the cause of all Mens Miseries this constrained them to come into Laws The Lawful Power of making Laws to command whole Politick Societies of Men belongeth so properly unto the same entire Societies that for any Prince or Potentate of what kind soever upon Earth to exercise the same himself and not either by express Commission immediately and personally received from God or else by Authority derived at the first from their Consent upon whose Persons they impose Laws is no better than mere Tyranny Laws they are not therefore which Politick Approbation hath not made so but Approbation not only they give who personally declare their Assent by Voice Sign or Act but also when others do it in their Names by Right originally derived from them as in Parliament c. Thus strengthened by this great Man to whom the Church of England has justly paid a particular Veneration I shall with the more confidence proceed to do the Nation Justice and begin with those granted and undeniable Principles That the Authority Power and Right of Self-Defence and Preservation was naturally and originally in every individual Person and consequently united in them all for Ease Preservation and Order but every one could not be a Governour and Governed and without Agreement where to fix a useful Power to execute such convenient Agreements or Laws as should be consented to for their own Good and Benefit they could not be safe against one another for if Interest and Appetite were the free Guides without the check of any Law or Punishment Mankind must be in a state of War and destroying one another the certain Consequence of that Condition for Faith and Justice in all could not be depended upon to be sufficiently binding unless Men had no depraved Natures but had been endued with such Original Vertue and Justice that they were as sure and careful of their mutual Preservations as Laws or the fear of Punishment could oblige them For this reason were Laws invented and consented unto and 't were a fatal Absurdity if the Cause was for Preservation by the Power of such Laws that those Laws should have no Power to limit or confine the Authority of Him or Them that were chosen to govern by the Conditions contained in them for otherways the Mischief was but chang'd and they that out of a reasonable apprehension had bound themselves from oppressing one another should give unlimited Power to others to do it if they pleas'd so that unless this ridiculous Supposition could be granted it must be acknowledged of consequence that though the Magistrate was set above the People yet the Law was set above the Magistrate For where any thing is to be observed and obeyed there a perfect Superiority is acknowledged Whoever therefore is set up to