as were taken prisoners dreadfully executed which is seconded by that Oracle of our Laws Sir Edw. Coke Lord Chief Justice in the 3d. p. of his Institutes find a Principle in Law a Rule in Reason and a Trial in Experience that Treason doth ever produce fatal and final destruction to the Offender and never attaineth to the desired End two Incidents inseparable thereunto and therefore let all Men abandon it as the most poisonous Bait of the Devil of Hell and follow the Precept in Holy Scripture Fear God Honour the King and have no Company with the Seditious or at we translate it Meddle not with them that are given to change Prov. 24.21 Sect. 113. But suppose the Rebellion be prosperous and successful that the Rebels be Victors and instead of being drawn to the deserved Gibbet they usurp the Throne and arraign the Sovereign Powers as Criminals before their Tribunal and pronounce and execute that ugly Sentence on them they themselves have merited will they be as free from guilt before God as they will presume themselves secured from the Vengeance of Man No surely they are hainous Sinners against God and shall be punished with an everlasting destruction from the Presence of the Lord for resisting the Powers ordained by him and this is the Apostolical Doctrine professed by the Church of England who thus concludes the first Part of her Homily or Sermon of Obedience to Rulers with reference to my Text. Here let us learn of St. Paul the chosen Vessel of God that all Persons having Souls he excepteth none nor exempteth none neither Priest Apostle nor Prophet saith St. Chrysostome do owe bounden Duty and even in Conscience Obedience Submission and Subjection to the Higher Powers which be set in Authority by God forasmuch as they be God's Lieutenants God's Presidents God's Officers God's Commissioners God's Judges ordain'd of God himself of whom only they have all their Power and all their Authority and the same St. Paul threatneth no less pain than everlasting damnation to all disobedient Persons against all Resisters against this general and common Authority forasmuch as they resist not Man but God not Man's Device and Invention but God's Wisdom God's Order Power and Authority Sect. 114. That this truth may the more evidently appear I will represent unto you 1. The Sinfulness of resisting the Higher Powers with armed Force 2. The Grounds upon which the Decree and Ordination of God to condemn rebellious Resisters to an everlasting destruction is founded 1. That the Sinfulness of Rebellious Resistance against the Higher Powers may the more evidently appear it shall be considered both more generally as 't is directly opposed to Subjection and more particularly as it includes those â—vils which are necessarily antecedent and dispositive to it concomitants with it effects and consequential attendants of it Sect. 115. 1. We will consider the sinfulness of a Rebellious Resisting of the higher Powers more generally as 't is directly opposed in the Text to Subjection in the former Verse As Subjection is a Practical acknowledgment of our Allegiance and bounden Duty to the higher Powers so a violent Resistance of them is a practical disclaiming and renouncing of Submission and Obedience to them and consequently a Defiance made to that Power which is God's Ordinance and a contemning of the Authority of God himself Apostolus cujusque est ut quisque every ones Officer is himself say the Jews Disobedience to the Authority and Resistance against the Person of the Sovereign Ruler or those Commissioned by him who are God's Ministers and Deputy Gods is Disobedience and Resistance against God himself And accordingly Moses told Korah and his Confederates who associated themselves in opposition to Aaron as an Usurper that encroached on the Rights Liberties and Priviledges of the Lord's People that he and all his Company were gathered together against the Lord Numb 16.11 their Conspiracy and Rebellion against the Lord's Officer was against the Lord himself because he acted not in his own name and upon his own account but in God's name and for God's service And elsewhere told them that when they murmured against him and Aaron your murmurings are not against us i. e. only but against the Lord Ex. 16.8 i. e. principally and especially So God himself said to Samuel when the People stubbornly resolved upon another manner of Government than that he had exercised over them as to the external Pomp Grandeur and Succession thereof they have not rejected thee but they have rejected me that I should not Reign over them 1 Sam. 8.7 which is also the Case of all Christ's Ministers as Christ himself assured them Luke 10.16 He that heareth you heareth me and he that despiseth you despiseth me and he that despiseth me despiseth him that sent me And elsewhere Jo. 13.20 He that receiveth whomsoever I send receiveth me and he that receiveth me receiveth him that sent me So that the Officers of God and his Christ are as God and Christ themselves presentiate or represent them exercise not their own but their Authority and therefore the Despisers and Resisters thereof are Despisers and Resisters of the Persons and Authority of God the Father and Jesus Christ the Son And as Moses said to the Oppugnors of Aaron and what is Aaron So say I to the Resisters of the King and what is the King hath not God said that Kings are Gods Psal 82.1 6 And Reign by him Pr. 8.15 or as our Apostle stiles them twice in one Verse after the Text v. 4. they are the Ministers of God his Vice Roys Commissioned to attend his Work continually and God standeth and ruleth by them and judgeth with them Psal 82.1 He therefore that resisteth and fighteth against the King resisteth and fighteth against God himself Acts 5.39 for the Authority and Power of the King is the Authority and Power of God himself and consequently he who rejecteth and deposeth the King doth constructively reject and depose God himself because his Authority not only abstractly in its self but also concretly as inherent in his own Person and executed by him is of God too For as there is no Power or Authority but of God so the Powers the Persons in Authority that be are ordain'd of God whether they are good or bad Sect. 116. 'T is not therefore strange at all that Samuel compares Rebellion to the sin of Witch-craft and affirms it to be such a stubbornness for stubbornness is exegetical of Rebellion as is iniquity and Idolatry 1 Sam. 15.23 Rebellion is as the Sin of Witch-craft and stubbornness is as iniquity and Idolatry Indeed the Rebellion here spoken of was a Matter of Disobedience committed immediately against God himself but yet I conceive very applicable to that committed also immediately against the King because the Authority of the King and of God himself is the self same thing and the formal Reason of Subjection to the one and the other the very same viz. for conscience-sake that
Ease Liberty Property and Safety of the Subject cry themselves up for the Patriots of their Country if they encourage a Resistance of the Supream Powers and expose Subjects to the Mischiefs of War and lay them open to the Mercy of a Victorious Army the result will be Anarchy and Confusion Were Resistance of Authority never so lawful 't is such a Remedy of Public Grievances as never did or will bear its own Charges and whatever Nation or People used it paid a Severe Reckoning for it and lamented their Folly and Rashness The Miscarriages Oppressions and Tyrannies of a Single Person are finite and reach but to particular cases but the Miseries of War are endless and universal And whatever the Event be or whoever wins the Prize contended for the Common-wealth is sure to be a loser by it and the Generality never reap any thing from it but repentance and a dear bought experience of the Insolence of Souldiers who with drawn Swords rate the Merits of their Services and are not easily pleased unless they take whatever they demand If Princes may and do abuse their Power 't is much more certain that the Rabble neither can or will use theirs aright Sect. 14. 2. 'T is against Common Reason That Subjects should be allowed Liberty in any case whatsoever to resist the Sovereign Power because if Resistance in any case be allowed it must be allowed in all cases reducible to that case as hath been already intimated and the Subjects themselves being the Judges of it when they are disobliged and discontented they will presently pretend that case and the Common People are so easily imposed on and so partially affected to that which they account their own Interest that there will be no stop to pretences but they will be apt to conceive themselves Tyrannically insulted over and grievously oppressed when no harm at all is done to them and so disturb and hazard the Government rather than suffer the smalsest Inconveniences I will give you two remarkable Instances from the Scriptures of discontented popular Men who from unreasonable and wicked pretences resisted and disturbed two of the Best Governours in the World Sect. 14. 1. The First I shall instance for this is Moses He was meek above all the Men that were upon the Face of the Earth Numb 12.3 free from all sour and surly Passions and so full of gentleness and clemency that he gave no just cause of provocation to any Man And he was a Man of such unstained integrity that he hath this Character from the Holy Ghost himself That he was faithful in all Gods House Heb. 3.2 and he was so fast a Friend to the Israelttes that to preserve their Lives and Peace he hazarded his own Exo. 2.12 13 14 15. He was so highly favoured by God himself that he chose him to be the Captain General over his own People and his Conduct was seconded with so many Miracles and such extraordinary Preservations and Deliverances that he was as a God to them Exod. 4.16 and Moses had such glorious Appearances of God to him and such visible Symbols of his gracious Presence with him that they could not but be convinced that he was raised up by God himself to be their Leader and Saviour Yet when this Excellent Ruler of his People had by Gods own Appointment Consecrated Aaron and his Sons to the Priesthood and God gave an evident Testimony immediately from Heaven that the Service of Aaron in his Priestly Office was highly acceptable to him which was with astonishing admiration acknowledged by all the People of Israel Lev. 9.24 Yet you shall find that Cerah Dathan and Abiram pretend that their Civil and Religious Rights are Invaded and they themselves insolently tyrannized over And hereupon They gather themselves together against Moses and Aarons and lay to them ye take too much upon you seeing all the Congregation are holy every one of them Numb 16.3 q. d. you deal partially and impropriate that to a few which of Right belongs to all And v. 13. they said to Moses Is it a Small Thing that thou hast brought us up out of a Land flowing with Milk and Honey to Kill us in the Wilderness except thou make thy self altogether a Ruler over us q.d. will nothing satisfie thee but Arbitrary Government And say they v. 14. Wilt thou put out the Eyes of these People q. d. dost think that these People are so dull and inapprehensive that they do not perceive that thou hast a Design to enslave them to thy imperious Will And what more unjust and unreasonable Pretences could there be made against the Administration of any Government in the World Yet you shall find that this Pleading of the Peoples Rights and Liberties and Priviledges was so taking that presently Two Hundred and Fifty of the Congregation took part with them Numb 16.2 and shortly after the whole Body of the Israelites unanimously espoused the Quarrel and 't was one and all against Moses and Aaron v. 19. and 't is wonderful to observe that though God miraculously manifested his indignation and abhorrence against these Rebels and their wicked Pretences causing the Earth to make it self a Grave to Bury them alive Numb 16.32 33. and sent down Fire from Heaven to consume the Two Hundred and Fifty Men who by Offering Incense had Invaded Priests Office v. 35. Yet notwithstanding all this you shall find that those bold and confident Speeches of Corah and his Companions being of a Popular Strain did so strangly insinuate into the Factious and Licentious Humour of the People and had such powerful influence upon them that the Main Body of the People the very next Day fall to murmuring against Moses and Aaron justifie the Complaints and Pretences of Corab and his Confederates own those Rebels for the People of the Lord and thought them hardly dealt withal And though God by his own immediate hand had destroved them in their very sight yet they impudently impute the spilling of their Blood to Moses and Aaron v. 41 42. Sect. 15. Now that which I design to infer from this notable instance are these Two Things 1. That Men of Seditious and Rebellious Spirits harden themselves against Convictions from the most Eminent Demonstrations of Divine Justice and Vengeance are implacable and unreconcilable to the Governing Powers over them will Calumniate Affront and Oppose them in Desiance to all the Reason Religion and Justice in the World And also 2. That 't is an easie matter for Men of discontented and ambitious Spirits to pretend Grievances Oppressions and Innovations under the most Regular Government in the World and such Men shall never want Partakers and Followers And therefore if it be allowable for Subjects to judge when there is a just and warrantable Ground for Insurrections and Rebellions against their Rulers there shall never be any setled Government upon Earth Sect. 16. 2. The other Governour I shall instance is David He was a King of Gods own
Power in pulling down and setting up whom he pleaseth are we authorized to pull down our Superiors and to set up our selves because Christ hath redeemed us and made us Free-men of his spiritual Kingdom doth this warrant us to make our selves the Lords and Masters of the World because we must not subject our selves to serve Mens Lusts and Vices must we not therefore submit our selves to their legal Authority and Power because a State of civil Freedom is more eligible than a State of Bondage 't is better to be at our own disposal and liberty than to be in servitude and confined to the Will of another are we therefore to effect and endeavour to be above the Check and Controulment of the Sovereign Powers cannot Men be Masters of themselves but they must be Masters of their Superiors too 't is remarkable how very differently sincere and hypocritical Christians argue from the Principle under Consideration because 't is said That Christians are made free by Christ Joh. 8.36 and therefore every Christian Servant is the Lord's Free-man 1 Cor. 7.22 therefore some hypocritical Christians conclude themselves licensed to cast off all Subjection and Obedience to Magistrates and Masters and to live as discharged from all Conscience of Duty to them though by their present Circumstances constrained and necessitated externally to perform it but on the contrary part sincere Christians obey Governours as free but as servants of the Lord 1 Pet. 2.16 Serve the Lord in obeying their Governours submit themselves the one for Conscience sake to the other the highest Engagement and strongest Bond of Obedience that can be Sect. 61. I appeal to all considering Men if it be reasonable to believe that since Jesus Christ came not into the World to destroy the Law but to fulfill it Mat. 5.17 That is not to evacuate or relax any moral Duty but by his Doctrine and Example to fill up and re-inforce the Authority and obliging Power thereof and to commend his quiet and patient Submission to the injurious Affronts and destructive Violence of the Higher Powers as a Pattern for us to conform unto and imitate 1 Pet. 2.21 I say this considered is it credible that he hath cancelled the Obligation of any moral Duty by his death to his Followers and discharged them from Non-Resistance of the Higher Powers when they are too strong for them Sect. 62. But since 't is generally confessed that the moral Law is of universal and immutable Obligation of which the fifth Commandement is a Part and expresly requires us to Honour our Governours as all will acknowledge how comes it to pass that the Duty of this Commandement should be released or relaxed rather than of any other Is not the Observation of this Commandement of as much account with God as the Observation of the rest Is not the Honour of God and the Safety of human Societies as much concern'd in the keeping of it now as formerly why then should Christians be more limited in the Terms of their Subjection to the Higher Powers and less restrained from resisting them than the Jewish Nation when 't was govern'd by Rulers of God's own immediate Appointment The Authority Necessity Ends and Reasons of it are still the same and how comes it to pass that the Nature Grounds and Reasons of Subjection and Obedience are alter'd and the Pretenders to the Management of the Scepter of Christ must command and dispose that of the King If Conscience as God's Vicegerent must not be forced so neither must the King who represents as my Lord Coke tells us God's own Person Why should not God's Ordinance be as irresistible in the one as in the other the one hath as great a Supremacy over us without us as the other within us Sect. 63. Moreover if we are to be guided and governed by the positive Laws and Constitutions of our own Country as proper Rules and Measures to determine and limit our Allegiance and Obedience then 't is not lawful upon any pretence whatsoever to take up Arms against the King and we are to abhor that Traitorous Position of taking Arms by his Authority against his Person or against those that are commissionated by him as 't is Stat. 14. Ch. 2. And since saith Grotius on Mat. 26.52 there is no Man that doth not favour himself if it be once admitted that private Men being injuriously dealt withall by the Magistrate may repel force with force all places will be full of Tumults the Authority of Laws and Judicatures will be null and void And in his Votum pro pace ad Art 16. He affirms that Subjects ought by no means to resist their King or Prince by force or ought they to take either offensive or defensive Arms against their King or Prince for the Cause of Religion or for any other cause whatsoever and further affirms that no Government can be any longer safe than whilest those who have such Sentiments want strength And how Men that are for resisting the Higher Powers can expect to be owned as Friends to Government and presume on any Trust or Favour from the Administrators thereof I cannot imagine I shall conclude this with the Affirmation of the Church of England in her fourth part of her Homily against willful Rebellion God alloweth neither the Dignity of any Person nor the Multitude of any People nor the Weight of any Cause as sufficient for the which Subjects may move Rebellion against their Princes Sect. 64. I am not altogether ignorant of the Reasonings of some discontented and interested Men to plead for the lawfulness of resisting the Higher Powers with armed Force in some cases and perhaps it may be expected that I should engage my self in the solemn Examination and Confutation of them But having proved from divine Revelation that God hath forbidden it I may warrantably say to every such Reasoner as the Apostle in another case alike depending on the Sovereign Authority of God Rom. 9.20 Nay but Oh Man who art thou that repliest against God Shall not God govern the World as he pleaseth hath he not an absolute and unaccountable Power to impart after what manner and measure he judgeth fit his own Sovereign Authority and Power to his Vicegerents and if God do not limit and restrain the Extent of their Authority and Power who shall we frequently find Jesus Christ and his Apostles endeavouring to impress on Mens Consciences a quick Sense of their Obligations to yield Subjection and Obedience to the Higher Powers but never determining or limiting the manner of obtaining their Titles or the Righteousness of their Prerogatives and Rights or their way of administring and executing them which I take to be a plain Intimation that the Welfare of Mankind and the Safety of all Societies depends on the dutiful and peaceable Deportment of the governed part thereof and that Subjects are principally concerned Conscientiousness to attend their own Duties and to leave the Menageries of the governing part of that
search all the days of their lives and not be able to discover when or where such a Charter ever was in Being but suppose there were such a Charter who shall be the Interpreter of it and judge how far the Power of the Prince extends it self and during the Dispute how shall the Government be administred doth not this in effect authorize the Subjects to do at pleasure what is right in their own eyes for if they demur against the Prince's Power he is to act at his peril But on the other side the Subject stands on a firm Bottom for his Liberty proves it self this is a Self-evident Principle and when the Subjects pretend it the Sovereign Powers durst not contradict and contest it for in this case every Subject if it be not a Contradiction so to speak is a Sovereign because so far as his liberty is not expresly given away it always remains entire The Sovereigns Power is originally from the Subject but the Subjects Liberty originally from himself the Princes Power is derived from the Subjects Will but the Subjects Liberty from his Nature And wo to that Prince who shall violate and usurp on the Laws and Liberties of Nature Sect. 73. But if every Man by Nature equally partake of Sovereignty then no body can be obliged to Subjection for where all are equal there can be no Subordination neither Superiors non Inferiors and is not he a strange Supreme who hath no body under him Moreover if it be so then every Man is born in a State of Anarchy and the God of Order hath sate no bounds to Mankind the relative Duties of Superiors and Inferiors might never have had any foundation in Nature and were only presumptively from Arbitrary Contracts and Agreements limited and determined by the Fifth Commandment and not only every Nation but every City Town Parish Family may chuse what Government seems best to them yea every particular Person may live independently if he will altogether free from the Circumscriptions of all sorts of governed Societies and if any attempt be made to restrain him without his consent he is oppressed in his natural Liberty And is not this Doctrine of a sovereign Tendency to maintain mutual Amity and Peace amongst Men Sect. 74. 5. That Subjects in political Monarchies and under other Sovereign Powers have Rights Immunities and Priviledges as unalienable Properties without their concurrent consent is very manifest but these do not proceed from any Reservations made in a presumed fundamental Constitution composed and ratified by a mutual Compact and Confederacy betwixt the Sovereign and Subjects but from the Sovereign's Condescentious Acts of Grace which having the Establishment and Security of his Laws he cannot invade and violate without Injustice to his Subjects dishonour to himself provocation to God loss of Reputation with his Allies and Confederates abroad and exposing himself as a Person of no Faith 'T is well observed by Fortescue that the Kingdom of England is not meerly Regal or meerly Politick but partly Regal and partly Politick Regnum Angliae ex Bruii comitivâ Trojanorum in Dominium politicum regale prorupit The Kingdom of England out of Brutus his retinue of Trajans brake out into a politick and regal Dominion And elsewhere tells us Rex Angliae principatu nedum regali sed politico suo populo dominatur the King of England governeth his People not only by a Regal but a politick Principality Ch. 9. So that though the King of England in some cases exercise an absolute and arbitrary Power like a despotick Prince as in making War and Peace Summoning Adjourning Proroguing and Dissolving of Parliaments Coinage of Money c. Yet in other cases he exerciseth a bounded and limited Power as in the imposition and repealing of Laws Taxes and Levies of Mony c. and therefore ought in Conscience to regard his Duty as a Politick King as well as his Power as a Despotick King and such hath been the Moderation of the English Government hitherto that it is acknowledged to be the most easy and safe of any in the World These particulars being duly considered I am confident the forementioned Objection is sufficiently answered and no warrant can thence be taken for Subjects to resist with armed Force the Sovereign Powers Sect. 75. 2. Another Objection near of kin to the former though in different words to plead the Cause of Rebellion is this that all Real Majesty being only in the Community all Personal Majesty is transfused or delegated from thence and consequently the Personal Majesty is nothing but a Trust accountable and forfeitable to the Community and therefore if the Administrators of Sovereign Power abuse their Trust they may not only be resisted but deposed Upon this Ground it was that the Rebellious Lords and Commons when King Charles the First sate up his Standard in the Defence of himself and the Government adjudged it a Breach of his Trust and Treason against the State and Kingdom And answerably one of their Advocates tell us That their Generals Commission to seize the King's Person was a strong Capias utlegatum a Judgment passed against him as out of the Protection of the Kingdom and Aid of the Law And in truth granting what they suppose to be true That the King was not the Officer of God but of the Community received his Authority not from God but them and made War against the Kingdom whose Trustee he was and the inference seems to be rational That Power which is derived from the Civil Constitution being in an Hostile manner employed against it or administred to dissolve and destroy it is forfeited and lost and those who were subjected to it absolved from their Allegiance Ans Having represented this Objection in its full Strength to the best Advantage of the Patrons of it I shall endeavour to assoil it and I doubt not but I shall confute it to the satisfaction of every unprejudiced Person Sect. 76. By a Community these Men understand not a Society of Men actually conâ—enting and formed into a public Government but only a Society of Families and Vicinities voluntarily rationally and justly assembling and associating themselves from mutual benevolence in order to the common Good and Safety thereby putting themselves into an immediate capacity of receiving a public Government under some Form or other such as they themselves shall judge most expedient for them Be it now considered that Sect. 77. 1. This pretended Real Majesty in the Community of a Multitude so associated as hath been said must either be the Product of the Law of Nature or of some positive Law of God or of some human Compact or of some other Cause I will reflect briefly on each of these and if neither of them be assignable as the Ground Reason or Cause thereof I shall be so bold asconclude that 't is a Platonical Idea which hath no existence 1. There is no dictate of Nature which ascribes a greater Authority to a
of a lawless Violence and Oppression be not the Resistance of a lawful Authority yet the Resistance of a lawless Violence may be so Circumstanced that it may be an unlawful Resistance of him or them that are in a full and unquestionable Possession of a lawful Authority For when the Illegal Acts of Sovereign Princes are by Force of Arms resisted Sovereign Princes themselves as such are also resisted because their Persons and Authority are not actually and indeed divided 'T is true their natural and politic Capacities are distinguishable in our Conceptions but 't is as true that the natural Subsistences of the Sovereign Powers are rever actually seperated from their Sovereign Authority I pray consider for the Illustrations of this if the English Legiance be not due to the King in his natural Capacity and not in his politic Capacity for as the King swears to protect us in our natural Capacities so we swear Legiance to him in his natural Capacity And this is the Reason why by our Law the Compassing and Imagining the Death of the King is High-Treason because his Person being invested with Sovereign Authority he cannot be Murthered in the Eye of the Law under any other Notion Wherefore though the Personal Acts of our Kings are not always Legal Acts and their Commands considered in their Natural Capacities may be such as no good Subject can approve actively submit unto and obey yet they are still the higher Powers which cannot be resisted without the peril of damnation because their personal Subsistences imply an inseperable Investiture with Sovereign Authority And therefore my Lord Coke in Calvins Case tells us that the Natural Legiance due to our Kings in their Natural Capacities from their Subjects is absolute and indefinite not circumscribed by Law but above Law and before Law and consequently indelible and immutable Sect. 87. Because the Authority of our Kings is in their Laws their Offices their Courts where their Persons are not some think that their Persons may be resisted and no Resistance made to their Authority I would have such to consider whence it is that Laws Judicial Courts and Subordinate Officers have their Authority Is it not Originally from the Authority of the King's Person And are not all the Laws Courts and Officers of the Kingdom for that reason called the King's Laws Courts and Officers And can the King communicate Authority without Authority first inherent in himself Certainly that must needs be the most Eminent Authority which is the Source and Fountain of all other Authority according to that Maxim Quicquid efficit tale est magis tale And if the Personal Authority of the King be antecedent to that of his Laws Courts and Officers and derive to them that Authority they partake of then I conceive 't will be no illogical reasoning to infer That the Being and Existence of his Sovereign Authority depends not on them As the King had an Existence before their Constitution so he may likewise after their dissolution God forbid that when a Sovereign Prince hath solemnly promised and sworn to Govern his Subjects according to his Established Laws and to Protect them in their Rights Properties and Priviledges that he should violate his Faith thus given to God and his People yet if he do he is a Sovereign Prince still and the Resistance of him a Resistance of the Ordinance of God because his Authority is from God and hath no Superior under God to controul it nor to whom to forfeit and because the illegal Exercise of his Power doth not disannul his Authority Sect. 88. 4. The Illegal and Destructive Acts of the Sovereign Powers towards their Subjects are not always Inauthoritative Acts. This is evident to the common Sense and Experience of Mankind from the injurious Sentences that are past and Executions that ensue in all sorts of Human Judicatures respectively to the Lives Limbs Liberties and Estates of Subjects The Liberty the Subjects here in England have in some Cases to arrest Judgment and to appeal from an Inferiour to a Superiour Court presumes the Truth of this Now though a Sentence contrary to the true Intention of Law be an unjust Sentence and cannot properly have the Authority of the Law in it yet Subjects in all Parts of the World are obliged by it till it be rescinded and reversed by the Authority of a competent Superiour Judge And if it be a Sentence past or ratified by a Supream Judge from whom there is no appeal the Subject can have no redress but is finally concluded by it how illegal and pernitious soever it be hence that Etiam cum Praetor iniquum pronunciat jus dicit Which is a further Evidence that there is an Authority in Persons Superiour to that in Laws 'T is from the Authority of the Person and not of the Law that a Sentence pronounced according to the Law binds in some Cases and not in others and a Sentence pronounced against Law is reversible in some Cases and not in others Indeed 't is plain that a Sentence pronounced contrary to the End and Intention of Law could have no Authority and Obligatory Force in it were it not from the Authority of the Judge whose act it is Then it will follow Sect. 89. 5. That the Right which Subjects have to preserve themselves in their Properties and Liberties against the unjust and violent Invasions or Usurpations of the Prerogative cannot authorize or warrant them to an active and forcible Resistance thereof For though the higher Powers are not Commissioned to do illegal out-ragious and destructive acts of violence yet they are the higher Powers by Commission and therefore though they abuse their Power the Subjects being no competent Judges thereof they are to be submitted unto without Resistance The High Priest and Elders of the People had no legal Authority to apprehend and secure Jesus Christ as a Criminal and yet he condemned St. Peter's forcible Resistance thereof So when the High Priest commanded St. Paul to be smitten contrary to the Law he acknowledged that notwithstanding that injurious violence offered to him he had no warrant to revile him much less violently resist him and return blow for blow So that those Acts of the higher Powers which are done without Law and against Law being considered conjunctively with the Authors or efficient Causes of them they imply the Presence of a Sovereign Authority with them which is uncontrollable and irresistible Sect. 90. 4. Another Objection which very naturally offers it self from what was last said is this if the very Illegal Acts of all Sovereign Powers be uncontrollable and irresistible then a Despotical is not Distinguishable from a Political Government nor an Arbitrary from a Legal Power nor an Absolute Monarchy from a Monarchy regulated and limited by Established Laws because the Authority of the one in effect is of equal extent with the other and the one as unaccountable and irresistble if he make his Will his Law as the other Ans What
the Apostle said concerning the Difference betwixt the Condition of the Jew and of the Gentile that the Jew had the advantage and profit much every way Rom. 3.1 2. that may I say concerning the different Condition of the aforementioned sorts of Government a Political Legal limited Government hath much advantage and profit every way above that which is Despotical Absolute and Arbitrary and therefore no Man which wisheth well to his Country and sincerely desires the Safety ease and contentment either of the Sovereign or his Subjects will contribute in the least Degree any Assistance by word or deed towards the Abolition of the former and Introduction of the latter but yet supposing the Sovereign Power of the latter irresistble and the Sovereign Power of the former resistible by the Subjects thereof and it will be the most desirable because it is invested with an unappealable Authority and consequently is sufficiently provided for the Decision and Determination of all Controversies and the Preservation of the Peace of the Community which is not the Case of the other as hath been formerly observed And I am sure the Danger of Anarchy is as terrible and more than that of Tyranny Now for the confutation of the foregoing Objection let these particulars be considered Sect. 91. 1. Though a Political Prince who is obliged to regulate his Power by his known Laws made and Established with the Consent and Approbation of his Subjects may from a presumption of the uncontrollableness and irresistibility of his Power abuse his Power in Arbitrary Administrations thereof governing as if his private Will and not his public Laws were to be the Measure of his Government yet this cannot alter the Fundamental Constitution of the Government and make his Will a Law to his Subjects and therefore though they must not actively resist his Power yet they are not obliged actively to own and obey it And 't is very improbable that any Prince in the World who is well in his Wits will augment his Power by Usurpation when his Government will be as safe by a Legal Administration endeavour to obtain any End of Government by Force and against the Consent of the Subjects which is obtainable by Law and with their Consent Princes ordinarily are not so meanly skilled in the Politics but they know and consider too That he hath most Power over his Subjects who is most powerful in them And in truth all the Strong Holds in a Kingdom will have nothing of Security in them for the Sovereign when he hath dismantled this Sect. 92. 2. Though a Political as well as a Despotical Prince can do no wrong which is censurable and punishable by any Human Law for though he be obliged in Honour Equity and Conscience to Conduct himself and Administrations by the directive Power of the Law yet he is not under the corrective and coercive Power of it not only because he who can make and repeal the Law and pardon the Transgression thereof is greater than the Law and above it but also because he hath no Superiour to judge and execute any legal punishment on him yet those Commissioned by him are accountable and punishable for Illegal Administrations and cannot serve his private Will contrary to his Laws without exposing themselves to the Condemnation of evil doers And though the King may for a Time interpose an Illegal Exercise of his Power to suspend the Law and to defend and rescue then from the Coaction and Vengeance of it yet he may after due consideration of the Nature of the Thing prefer the Honour of his Government before the Protection of the Transgressors of his Law and chuse rather to justifie his Legal Will than to shew indulgence to his Passionate Humor And in case such Malefactors should escape Condign Punishment during the whole Reign of the Prince that employs them yet 't is great odds but his Successor to shew the Value he sets on his Laws his readiness to redress the Grievances of his Subjects from former Male-administrations of Government and to ingratiate himself with them as all over of Righteousness and tender of their Legal Liberties will offer them as a Sacrifice to public justice And therefore not only all honest Men but also all worldly wise Men and Men of Fortunes will upon this account take heed how they engage themselves in the Execution of the King's Will against his Laws I do not doubt but the Kings of England will consider what the Learned Bracton said that Ipse Rex non debet esse sub homine sed sub Deo sub Lege quia Lex facit Regem The King himself ought not to be under Man but under God and under the Law because the Law makes the King His meaning is not that the King derives his Authority as King from the Law for then the Principal Efficient cause of Governing Administrations would owe its being to the Instrumental Cause thereof but the true Intent of that learned Author and of Fleta too who concurs with him in that expression is this that the Law declares and publisheth to the Subject who is their rightful King and so supports and maintains him as King in their acknowledgments and by the Observation of which he distinguisheth himself from a Tyrant who Governs without a due regard had to Law And in this respect I think my Lord Coke spake not amiss when he told King James the First That the Law sate the Crown upon his Head And there is no such ready Way to keep and hold the Crown there as to keep and hold fast to that Law which sate it there Sect. 93. 3. As the Power of Sovereign Princes is from the Lord so their hearts are in his hand and he over-ruleth them to the best Purposes and will not permit them unless provoked by our sins to become illegal scourges to us 1 Per. 3.13 Who is he that will 〈…〉 if ye be followers of that which is good 'T is generally acknowledged that when the Apostles Epistle was written to the Romans that the Government of that Empire was Despotical and managed with such an Arbitrary Absoluteness that it was highly Tyrannical and yet the Apostle tells them that the Powers that be are ordained of God And forbids them resistance under the pain of condemnation And tells them that Rulers are not i. e. by their Office ought not to be a Terrour to good Works but to the Evil. And least they should say as many among us are apt to do 't is true the good should be protected countenanced and encouraged but we can have no assurance thereof from the Constitution of the Government our Rulers may make their lust a Law and what a Case shall we be in then The Apostle anticipates this Objection by assuring them That performing their duties they shall obtain the Success desired v. 3. Do that which is good and thou shalt have praise of the same For he is the Minister of God to thee
de Regno suo concessit c. The Lord the King of his Parliament from his special grace and for the Affection he hath toward the Prelates and all others of his Kingdom hath granted I appeal to all unprejudiced Men to consider if this be the Language of an accountable Trustee Sect. 106. Coke the Regicide having told his Blood-thirsty Masters That Charles Stuart for so he called his Liâ—ge Lord that King of Blessed Memory stands now that is in their High Court of Justice to give an account of his Stewardship he thus begins to diffect his charge That the Kings of England are trusted with a limited Power to govern by Law and affirms it to be one of the Fundamentals of the Law that the King is not above the Law but the Law above the King And for the Proof of it offer'd the Coronation Oath wherein the King swears to keep and observe the Laws which the People shall chuse And then endeavouring to impute to his Sacred Majesty a Violation of his Fidelity to God and his People concludes him justly condemned by the Fundamental Law of the Nation c. and no wonder of such an Inference for as he tells us Governours are but the Peoples Creatures the Work of their hands to be accomptable as their Stewards and therefore when they prevaricate and abuse their Trust to question by what Law they call them to account is High Treason with a Witness And this is the true Tendency of that Doctrine That all Power is originally from the People and the King 's executive Power a Trust from the Two Houses of Parliament because this makes them as Coke phraseth it his Liege Lords and warrants them to exercise an absolute Power over him 'T is so naturally implied saith he that if a King become a Tyrant that he shall dye for it that this is the first necessary Fundamental Law of every Kingdom which by intrinsical Rules of Government must preserve it self This is just like the Liberty of the People which proves it self whereas the Power of the King must be proved before the Subjects ought to obey it because he hath no more than he hath received from his Sovereign Lords the People which is only founded on positive Law and if he pretend to more than they have given him he usurps upon their Liberty which they have a Right to defend and preserve by force of Arms which being a new Edition of John Coke's Doctrine the Author must needs deserve exceedingly well of the Government and cannot be worthily dealt withal unless highly promoted how agreeable this is to our Legal Constitution I refer to every indifferent Judgment who will compare it with what hath been observed concerned it and shall conclude in the Words of this Author It is indeed clear from the New Testamdnt That the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it and if by the Order of Divine Providence and of any Constitution of Government under which we are born we are brought under sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is 〈…〉 must then according to this Religion submit to those sufferings under which we may be brought considering that God will be glorified by us in so doing and that he will both support us under our Sufferings and gloriously reward us for them By Submitting to Sufferings by what follows I hope he means a Submission without Resistance though we are strong enough to make it and then the Safety of the English Government is secured though Religion be our Property and shall chance to be persecuted because by the Constitution of our Government we may not upon any pretence whatsoever take Arms against the King Sest 107. 6. Another Objection is this a King may actually and professedly endeavour to subvert the established Government and overthrow the whole Constitution and set himself to destroy if not all nor the greatest part yet at least very considerable numbers of his People and so plainly counteract the very end of his Authority and Power and will it not be lawful for his Subjects in such a Case to resist him Ans The Sky may fall and then Larks will be good cheap Princes may become Phreneticks and be uncapable of Government and them as in the Case of a Minor that is an Hereditary Prince a Prorex is to be had during the Suspension of the Exercise of his Authority and Power Or they may be so dissatisfied with the Burthensomness of the Government that they may be weary of it Abdicate and Renounce it or they may be so intoxicated and transported with wild and outragious Passions Discontents and Prejudices against their Subjects that they may disclaim the Government of them and indeed do so when instead of administring the Government in order to their Peace and Safety they turn it to their distraction and ruine will not be the Ministers of God for good but hurt to them will not support but destroy the Foundations of their Kingdoms but then with their Subjects and Kingdoms they destroy themselves too and cease to be Princes because they that disclaim the Protection of their Subjects and wilfully resolve to destroy their Dominions can have no right to govern them They can be no Rulers who will leave nothing under them to be ruled by them and then the Resistance of them will not be a Resistance of the Higher Powers but this is a meer Platonical Idea a Case put that perhaps never was nor never is like to have a real Existence in the Nature of things Let these things be considered Sect. 108. 1. Plutarch observes Inest omni populo aliquod malignum contra Imperantes There is in all sorts of People some malignity against their Governours Such is the Pride of Man's heart that he is averse to Subjection our unwillingness to be restrained from following our own Minds and Wills and to be guided and commanded by the Mind and Will of another prejudiceth us against the Ruler of us and this as Mr. Hooker tells us makes Men very attentive and favourable Hearers to suck in any Poyson that is breathed forth against the King or the Governours which are sent forth and anon it mulriplies and every valley and obscure corner is ready to eccho it back again We must therefore be very wary now we give ear to any evil Suggestions concerning the Designs or male-Administrations of the Higher Powers Defamation begets an evil Opinion of the Prince and concludes in disaffection to him and that naturally tends unto and ends in Contempts Abhorrences and Oppositions 2. It hath ever been the Practice of seditious and rebellious minded Men to bestir themselves to ingenerate in the Minds of Subjects Jealousies and Fears concerning the Councels Designs and Administrations of their Princes and to magnify
God may be pleased in having his Will fulfilled Rebellion and Stubbornness against the King are of the like Nature with the Sins of Witch-craft iniquity or Superstition as some Translate it and Idolatry against God because they partake of the same Commerce with the Spirit that worketh in the Children of Disobedience alike averse to Subjection and Obedience to the Institutions and Commands of God and alike addicted to the vain Imaginations and Reasonings of their own depraved Minds and alike resolved to fulfil their own Wills in contradiction to the Will of God And as Witch-craft Superstition and Idolatry ascribe the Honor and Glory that is due to God to another so a Rebellious and Stubborn Resistance of the Sovereign Powers is an usurping and arrogating of that Superiority and Vindicative Authority over the Sovereign Powers which belongs to God alone the Subjects assuming the Glory of the Divine Authority and punitive vengeance to themselves and when Offenders are under the like Guilts they must expect the like Alotment of Punishment And accordingly Vatablus on the Place thus Paraphraseth it Tam grave peceatum est tam gravis punitio ei debetur So that if Witch-craft Superstition and Idolatry put Men into a State of Damnation so doth Rebellion And the Church of England Declares in express Terms That eternal Damnation is prepared for all impenitent Rebels in Hell with Satan the first Founder of Rebellion and grand Captain of all Rebels And cells us that the Rebels themselves are the very Figures of Fiends and Devils and as they be followers of Lucifers Rebellion so shall they be of his Damnation in Hell undoubtedly partakers In part 3d. of Serm. against wilfut Rebellion And in the same Homily affirms That all sins possible to be committed against God or Man be contain'd in Rebellion And how horrible a sin against God and Man Rebellion is cannot possibly be expressed according to the greatness of it And what punishment can be too great for so great an offence Sect. 117. That the Truth hereof may the more manifestly be discovered we will consider a Rebellious Resistance of the Sovereign Powers in its Antecedent Concomitant and Consequent sinful Evils From which it will appear that Rebellion is not a singular or one only Sin but the whole Puddle and Sink of all Sins as our Church teacheth us in the Sermon afore-quoted 1. Let us consider a Rebellious Resistance of the Sovereign Powers in its antecedent dispositive sinful Causes and Preparations and we shall find it a Stream issuing from a very filthy Fountain and and of a very hainous Nature meritorious of an answerable punishment Sect. 118. 1. A Rebellious Resistance of the Sovereign Power proceeds from a Luciferian pride and presumption Pr. 13.10 Only by pride cometh contention Proud and Ambitious Rebels would be above all and under none Like Tyre they set their Hearts as the Heart of God Ezek. 28.2 saying with insolent Nineveh Zep. 2.15 I am and there is none beside me They conceit themselves so superlatively excellent that they will own no Superiours or Equals So much Lords and Masters of themselves that they are not only sufficient to protect preserve and defend themselves but also to cast down and domineer over all that are near them especially such as are set above them or would be competitors with them And what is the State of such proud ones before God Truly be knoweth them afar off Ps 138.6 scorneth such scorners Pr. 3.24 resists and counteracts them Jam. 4.6 and therefore they are sure to have a fall and that a terrible low one too they fall into the Condemnation of the Devil 1 Tim. 3.6 Sect. 119. 2. A Rebellious Resistance of the Sovereign Power proceeds from discontent Subjects dislike their Rank and Station they think themselves to be as well accomplished to be Men of Place and to make a Figure in the Government as the best of them all and 't is an hard Case that they should be only Creatures of Burden set in the World to be commanded and controlled have Freedom of Will without Freedom of Practice confined to the imperious Impositions of other Mens Wills and Pleasures who under no consideration intrinsical to the human Nature are any thing better than themselves And if the Public Administrations happen to be contrary to their particular humors and private interests and their Persons fall under any Public Disgrace their dissatisfaction is heightened and their condition becomes intolerable to them and their only Remedy to ease themselves and have their Wills is to rise up against the higher Powers and to contend with them for the Preheminence And what is this but a Contention with God to have their Wills in contradistinction to his Will They will not allow the Lord of all Things to do with his own as he pleaseth but they will prescribe unto God how and where to place them and will not be pleased unless God value them and prefer them according to that rate they set on their own worth and serviceableness The Lord himself called the Children of Israel who murmured against Moses and Aaron Rebels Numb 16.41 comp with ch 17.10 because their discontent did lead to Rebellion and end in it But how doth the Lord take it at mens hands when they grudge and are not satisfied with their condition Truly such Men being conformed to the Image of Satan they wander up and down under God's Curse seeking rest and finding none Ps 59.15 and St. Jude reporting the Reasons and manner of Christs Process to execute the last Judgment upon all that are ungodly v. 15. he numbers the Murmurers i. e. discontented Persons in the fore-front of them all as the Chieftains among all that are ungodly and marked out for the vengeance of eternal fire v. 16. Sect. 120. 2. A Rebellious Resistance of the Sovereign Power proceeds from a Spirit of Envy Malice Strife and Contention Hab 1.3 There are that raise up strife and contention Busie-bodies that love to Fish in troubled Waters And these are invidious minded Men whose Eyes are evil because God is good are grieved vexed and tormented because other Men are more at ease and better accommodated and contented than themselves trouble their own Flesh and rot their very Bones that others excel and are in any thing their Superiours and that they may disquiet and disturb others which they think stand in the Way as Obstacles to their Designs they will engage themselves in the most difficult and hazardous enterprizes Envyings strifes contentions factions and seditions are solemnly coupled together as near a Kin and springing one from the other 1 Cor. 3.3 2 Cor. 12.20 Gal. 5.20 what invidious and quarrelsom spirited Men cannot challenge and obtain by merit they will endeavour to accomplish by fraud force and violence Jam. 4.1 from whence come warrings and fightings among ye Come not they hence even from your lust which war in your members When Men are discomposed and disordered with