no more passe away by promise Gods right to our obedience then we can covenant to transferre and give away another mans goods or demeasnes Secondly it is harmelesse in the consequences because if any out of a reall or seeming repugnance to divine precept deny active obedience they must confesse themselves obliged by the same conscience of observing the law of God not to resist that authority which he hath armed jure gladij with the right of using the sword probably to this end that Religion might not be a cloke for Rebellion that we might not dare out of the feare of God to violate the order of divine providence by which he hath thought fit to governe the world This is the patience of the Saints which shall be rewarded with heaven because they suffer rather then doe evill for earthly considerations as being assured God hath forbiden them though for prevention of their particular and undeserved misery to disturbe the publike happinesse by resisting that power which Scripture tells them is from above It oft times pleases God to make use of ill governours and their unrighteous judgement may be his just sentence for our former transgressions if it be his will to scourge us by them no smart should tempt us to cut his rod in pieces Because generally men are hardly brought to entertaine a truth which seemes disadvantageous to them and comes in ill company attended with affliction Quis enim facilè credit propter quod dolendum est though this should not be amongst Christians who are crucis candidati quibus frui fas est Diis iratis and who ought to rejoyce in their present sufferings as the exercise of vertue and that way to eternall glory which our Saviour hath chalked out both by example and precept I will use the greater diligence in evidencing this point by all kinde of proofes of which the matter is capable If we looke backe to the law of Nature we shall finde that the people would have had a clearer and more distinct notion of it if common use of calling it Law had not helped to confound their understanding when it ought to have beene named the Right of nature Difference betweene Law of Nature and Right of Nature for Right and Law differ as much as Liberty and Bonds Jus or right not laying any obligation but signifying we may equally choose to doe or not to doe without fault whereas Lex or law determines us either to a particular performance by way of command or a particular abstinence by way of prohibition and therefore jus naturae all the right of nature which now we can innocently make use of is that freedome not which any law gives us but which no law takes away and lawes are the severall restraints and limitations of native liberty Upon this ground I have shewed already the right of nature cannot be pleaded against positive constitution that being a permission onely and not an injunction and therefore ceasing by a subsequent obligation arising from promise and compact when multitudes became one Civil body I was unwilling to weary the Reader by an unprofitable debate and different stating of the originall of power For though it be most true that paternall authority was regall and therefore this of Gods immediate constitution Their owne Scheame of Government serves our turne and justifies the Kings cause and founded in nature yet it is not much pertinent to the present decision nor can it necessarily concerne moderne controversies betweene Rulers and People Because it is most evident no King at this day and much lesse other Governours holds his Crowne by that title since severall paternall powers in every State are given up and united in one common father who cannot pretend a more immediate kindred to Adam then all the rest of mankinde For this consideration I thought fit to lay downe their owne Scheame of Government and let them make what advantages they can by presenting to your apprehension a multitude before a people like a heape of stones before they are cemented and knit together into one building I shall onely desire my adversaries would not betray so much want of ingenuity as to make this favour of joyning issue upon their owne principles a contradiction For I thought it losse of time to insist upon their mistakes in the manner of derivation of power when all of us agree well enough in the thing That after the multiplying of mankinde there was an Anarchy is confest onely they impute it to a want of all Law and Rulers and we derive it more naturally from the multitude of Governours whose wills being various were so many distinct Lawes to those who were under them when in every family was a Kingdome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Euripides describes the Cyclops their Subjects were their owne flesh and naturall Princes being wives and children when there were so many absolute Princes within the compasse of a Parish that a man had scarce roome to walke in a Territory when a Commonwealth was lodged in a Cottage this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was the mother of confusion and by reason of such a multiplicity of Kings it was not ill stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Though they had absolute power yet it was confined within a narrow compasse and if they exercised any jurisdiction or made use of their liberty to the prejudice of neighbour States this begot controversies and both parties having right to be Judges in their owne causes they made force the measure of decision and who was strongest could not be knowne but by the issue of the warre Quis justiùs induit arma Scire nefas summo se judice quisque tuetur Haec acies victum factura nocentem est To prevent those fatall mischiefes to which they were subject while they lived in this hostile State evidently occasioned by their divided powers a way was found out by making their individuall strengths and the many narrow authorities which still justled one another one legall power and this was placed then with great prudence in one person to the end the cause of their sufferings might be fully taken away and that there might not be left a possibility of relapsing into their former miseries which proceeded from opposition between equall authorities Thus I grant to them their owne Scheame yet without prejudice to that truth delivered by Cedren who makes Adam the catholique Monarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As reason first represented to them Monarchy as the most perfect forme from which their want of government was a defection for we may say of Anarchy Non fuit sic ab initio so sense confirmed it they having happy experience of those eminent advantages peculiar to this constitution as unity secrecy and expedition The Roman story doth approve this wisedome by acquainting us with the fatall miscarriages and bad successes of their Armies when commanded by two Generalls And if we looke upon this State
our hands we cannot thinke to reforme the abuses of higher powers is committed to us to whom is given no other commandement but to obey and suffer I speake alwayes of private men This truth clearely delivered speakes the goodnesse of the cause and demonstrates the unlawfulnesse of taking up Armes against the King though their supposition were true as it is evidently false that His Majestie did cast off the bridle of established Lawes whereas He doth hazard His Life and Crowne in their defence The quarrell is that he doth obstinately maintaine our good old customes and constitutions such as experience hath confirmed happy and beneficiall to this Nation and will not be over awed to make new Lawes such as private interests would force upon Him and the Kingdome This is a sure ground for conscience to rely upon and evidently destructive of most of their popular principles which have poysoned the affections of the Subjects It is not lawfull for us to correct ill Governours because this cannot be effected without resistance and all private men have direct precept against this that of obedience and patience This will speake home to the businesse when it will after appeare that all inferiour Magistrates opposed to the highest whose Delegates and Ministers they are are but private men In the meane while wee may hence discover the falshood of their principles viz. That the law of nature will justifie all resistance against injuries and for our owne preservation that no people is so mad as to contract to their owne ruine and therefore may resist any Magistrate if their lives be indangered the meaning is if they have offended against known Lawes which will certainly adjudge them to dye the Magistrate shall bring them to a legall tryall at his owne perill or to agree to be ill governed and therefore since there is a mutuall compact if Rulers performe not their duty the contract is dissolved and they are at liberty to right themselves and to governe their Governours and to fling the Pilot over-board if he wilfully steere upon the Rocks not by way of jurisdiction but selfe-preservation That the King is for the people and Governours are appoynted for the good of those that are governed and therefore Subjects are the more considerable men and greater and more honourable then those who are placed over them they bearing relation of the end Magistrates but of the meanes and so the safety of the people must give Law to the Magistrate if he will be peevish and protect them according to old Lawes when they fancy greater benefits from innovation that Quicquid efficit tale est magis tale but according to their grounds private men made all Magistrates for before they constituted some forme of Regiment by pactions and agreements they were but a multitude of men amongst whome none had jurisdiction over other the conclusion is therefore private men are more Magistrates and may call even the highest to accompt and force him to be responsable for what ever they judge abuse of power The grounds upon which our seditious writers doe argue are very contradictory in themselves and yet all of them conclude for Rebellion Some and I thinke the greater part confesse it is unlawfull for private men to resist the Magistrate though abusing his authority These must needs acknowledge the weakenesse of those arguments which yet they constantly presse and which prevaile most upon the peoples affections that it is a senselesse thing to imagine wee can be obliged to be slaves in case a King be guided by his Lusts not Lawes or not to preserve our selves against bloudy Tyrants For their determination is contrary that private men for want of authority to arme them are bound to suffer And Calvin is expresse lib. 3. c. 10. § 6. nullum magis praeclarum facinus habetur etiam apud philosophos quà m liberare tyrannide patriam Atqui voce coelestis arbitri apertè damnatur qui privatus manum tyranno intulerit They maintaine therefore though private men sinne in resisting yet if countenanced by inferior Magistrates then it is not Rebellion but a just Warre These may be clearely convinced if they will but consider that inferior Magistrates are such only in respect of those who are under their jurisdiction because to them they represent the King but in reference to the King they themselves are but Subjects and can challenge not jurisdiction over him Some state it thus though not private men not yet inferior Magistrates yet superior powers may bridle the exorbitant lusts of Princes by force of Armes this wee grant and therefore acknowledge that in an Aristocracy where the lawes place the supreme power in such a body of men what is done by their authority ought not to be resisted and if any one man take upon him regall power contrary to their constitutions he is a Traytor and may be cut off But this concludes nothing in a Monarchy Res apud alios acta aliis non praejudicat for their error is They make the two Houses the Kings superiors who themselves disclaime it in words and seeme to aske you who made them supreme Ruler for all their petitions which are the acts of them not as single men but as united bodies and considered unitivè not disjunctivè socially not severally carry this truth in the Title Your Majesties humble and obedient Subjects the Lords and Commons in Parliament c. which acknowledges their obligation to be under him and to say otherwise would be of dangerous consequence for if they be not His Subjects they put themselves out of His protection Some againe thinke it too grosse and absurd to maintaine that Subjects in any capacity are above their King and therefore a coordination serves their turne By which if they meane an equall right in the King and the two Houses of a negative voyce in respect of new Lawes to be enacted or old abrogated this is granted but will doe them no service and indeed it overthrowes their cause For as the King doth not pretend that he can make use of his power to make new lawes without their consent so by the same reason neither can they challenge a right of taking away our old Government without the Royall assent But if they meane by coordination a division of Soveraignty this is against the nature of it and a cleare contradiction So that if he be our onely Soveraigne there is no such thing as coordination if they be joynt-Soveraignes in what a miserable condition are we English-men who should be bound to impossibilities to obey three masters commanding contrary things They might as well challenge us to doe homage to them which is and ought to be performed onely to the King tum per id efficiamur homines solius illius cui juravimus as the Civilians determine and we cannot be duorum in solidum l. Si ut cer § Si duobus D. commodati Some and those the most desperate mutineers lay such principles as will
himselfe with this objection and first he tells us he is confident Tertullian did not speake the truth when he imputes their patience to the power of godlinesse which prohibited resistance and not their want of force to withstand He might as easily have given the lye to Cyprian to the Ecclesiasticall writers who relate the story of the Theban Legion and aquaint us that the greatest part of Julians Army against the Persians consisted of Christians But supposing as he had good reason this bold denyall would not give satisfaction it not being likely his credit should goe farther then the records and evidences out of Holy Fathers and Church story after severall fruitlesse essayes to solve it he pitches at last upon this That honest liberty was hid from them for some speciall ends which since God hath revealed to this latter age and therefore he gave to them an extraordinary spirit of patience and courage which is inconvenient for these dayes wherein God hath afforded a more plentifull light and shewes us our liberty and that there is no necessity of being Martyrs It is now the wickeds turne to suffer I will set downe his words at large for they are so strange sober men might doubt the faith of a relater Certaine it is That the frame and tenor of Gods after dispensations did require that such a liberty should be hid from them or at least that they should not make use of it as on the contrary the nature and purport of those dispensations which God hath now in hand requires that this liberty should be manifested and made known unto Christians We know that according to the counsell and foreknowledge of God Antichrist was then to come into the world as now wee know that he is about to be destroyed and cast out of the world Now this is a generall rule looke what truthes were necessary to be shut up and concealed from the Churches of Christ that Antichrist might passe by and get up into his throne the discovery and letting out of the same into the world are necessary for his pulling downe c. But God causing a dead sleep as it were to fall upon those truthes which should in speciall manner have opposed him he had the opportunity without much contradiction or noyse to steale and convey himselfe into that cathedram pestilentiae that chaire of Papall state which yet he possesseth Now amongst many other truths which were of necessity to be layd a sleep for the passing of this beast unto his great power and authority and for the maintaining and safeguarding of him in the possession hereof this is one of speciall consideration That Christians may lawfully in a lawfull way stand up to defend themselves in case they be able against any unlawfull assaults by what assailants or by what pretended authority soever made upon them For had this opinion beene timeously enough and substantially taught in the Church it would certainly have caused an abortion in Antichrists birth and so have disappoynted the Devill of his first borne Had not the spirits and judgments and consciences of men beene as it were cowed and marvailousâ—y imbased and kept under and so prepared for Antichrists lure by doctrines and tenents excessively advancing the power of superiors over inferiors and binding Iron yokes and heavy burdens upon those that were in subjection doubtlesse they would never have bowed downe their backs so low as to let such a beast over them they would never have resigned up their judgments and consciences into the hands of such a spirituall Tyrant as he So that you see there was a speciall necessity for the letting of Antichrist into the world yea and for the continuance of him in his throane that no such opinion as this which wee speake of whether truth or untruth should be taught and beleeved I meane which vindicateth and maintaineth the just rights and liberties and priviledges of those that live under authority and subjection unto others Whereas now on the contrary that time of Gods preordination and purpose for the downefall of Antichrist drawing neere there is a kind of necessity that those truths which have slept for many yeares should now be awakened and particularly that God should reveale and discover unto his faithfull Ministers and other his servants the just bounds and limits of authority and power and consequently the just and full extent of the lawfull liberties of those that live in subjection Evident it is that they are the Commonalty of Christians I meane Christians of ordinary ranke and quality that shall be most active and have the principall hand in executing the judgments of God upon the Whore Consider that place Revel 18 4. 5 6. Now that this service shall be performed unto God by them Christians I meane of under ranke and quality contrary to the will desires or commands of those Kings and Princes under whom they live it appeares by that which immediately followes v. 9. pag. 30 31 32. The peremptory conclusion of all is that the lawfulnesse of Rebellion is now discovered to Gods Church as the necessary meanes to ruine Antichrist for the Kings will never be perswaded to effect this great and holy worke and therfore the People must Whereas the Text saith expresly That the ten Kings shall hate the Whore and shall make her desolate and naked and shall eate her flesh and burne her with fire For God hath put in their hearts to fulfill his will Revel 17. 16 17. Least the people should be frighted by this as they justly ought from making rebellious attemps against lawfull authority because that in Gods good time will arme them and fight joyntly the Lords battaile against the Beast he labours to remove this scruple I conceive saith he this is not meant of the persons of Kings but of their States and Kingdomes id est of the generality of the people under them Master Goodwin pag. 32. The Kings shall hate the Beast that is the people shall hate their Kings and religiously rebell against them in order to the destruction of Antichrist The same Doctrine is delivered by Master Burroughs There is a necessity that in these times peoples consciences should be further satisfied in their liberties then formerly because the time is wee hope at hand for the pulling downe of Antichrist and wee find by Scripture this worke at first will be by the people Revel 18. pag. 144. and for a close pag. 145. Surely the right knowledge of these liberties God hath given the people will much helpe forward the great things God hath to doe in this latter age I must confesse my heart is filled with sorrow when I consider how farre the reformed Religion is degenerated which can be no longer pure then it continues peaceable But alas it is become the mother and nurse of Rebellion it foments sedition and advances the rvine of States What a sad thing is it that factious Preachers should so farre bewitch the people by strong delusions as
it is better without a comma his revenging Ministers to execute wrath It is very strange the people should be so much abused as to be perswaded to take upon them Gods Prerogative and to usurpe his language Psal 82. 6. We have said ye are Gods and to contradict Christ who sayes to his unjust Judge Thou couldest have no power to take away my life unlesse it were given thee from above but they state it otherwise unlesse it were given thee from beneath from us and we were not so mad as to contract for our owne ruine Most of their Writers in their printed Sermons and Pamphlets declaime against this tame behaviour this obligation not to resist as an absurd and sencelesse thing and a condition repugnant to mans nature and unworthy of reasonable creatures but I must tell them God was not of their opinion who thought it fit to governe his owne people in this way who ever was not obedient to what the highest authority did determine Gods owne people bound not to resist the supreame Magistrate therefore this no absurd constitution was to die as appeares Deut. 17. 12 13. The man that will doe presumptuously and will not hearken to the Priest that standeth to minister there before the Lord thy God or unto the Judge even that man shall die and thou shalt put away the evill from Israel God commands he should be made an example that the people may not be tempted to Rebellion for in the 13 verse it is said All the people shall heare and feare and doe no more presumptuously It is worth our notice that here all the people are mentioned if they had agreed together to resist not a pretended but a reall false sentence this conspiracy could not turne their sedition into a just warre it could not take off the guilt of disobedience though the multitude of offendors might hinder the punishment Populi salus suprema lex had beene but a weake plea here This is urged onely to prove thus much that all their arguments which have greatest influence upon the peoples affections drawne from inconveniencies by reason of the faults of Governours under which the Jewish Commonwealth frequently suffered as appeares by the Prophets reprehensions may as justly be made against the Jewish Government of which God himselfe was the author And that he forbade resistance to supreame authority is plaine moreover the first of Joshua v. 18. Whosoeuer he be that doth rebell against thy commandement and will not hearken to thy words in all that thou commandest him he shall be put to death onely be strong and of a good courage Hence the weakenesse of that Sophistry which hath caused these sad distractions is evident For they perswade the people it were madnesse to make such a contract which upon supposall of bad Governours would leave them without remedy and therefore â—…it for certaine truth they made their bargaine wiser Whereas there is no ground for imputation of folly for following Gods owne patterne and yet if it were indiscretion this doth not void the compact They are bound to be honest though they were not wise to plead they were fooles will not licence them to be knaves Lex Regni as it is called 1 Sam. 10. 25. the fundamentall Law of Government of which a Monarchy is but a species or the right of supreame authority is most excellently described by Samuel in the 1. Booke 8. cap. 11 12 13 14 15 16 17. verses This shall be the right of the King that shall reigne over you He will take your sonnes and appoint them for himselfe for his charets and to be his horsemen and some shall runne before his charets And he will appoint him Captaines over thousands and Captaines over fifties and will set them to eare his ground and to reape his harvest and to make his instruments of warre and instruments of his charets And he will take your daughters to be confectionaries and to be cookes and to be 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 will take the tenth of your seed and of your vineyards and give to his officers and to his servants And he will take your men servants and your maid servants and your goodliest young men and your asses and put them to his worke Hee will take the tenth of his sheepe and ye shall be his servants And ye shall cry out in that day because of your King which ye shall have chosen you and the Lord will not heare you in that day It is not lawfull for you to breake that yoake which ye put upon your selves neither shall your teares prevaile with God to take it off your neckes notwithstanding such afflictions were fore-told their resolution is to have a King over them that they also may be like all the Nations and that their King may judge them and goe out before them and fight their battailes Sit incommodum we acknowledge these are grievous inconveniences nam quid ferè undique placet it is the fate of all governments because managed by men who may prove vitious to be unavoidably subject to great calamities verùm illud compaâ—…imus commodis we have weighed the advantages of being ruled by a King and conceive the probable goods which are conveyed from Regall governement which are knowne by experience in other Nations will over-ballance these accidentall evils however we are resolved to venture it A misunderstanding this part of Scripture hath opened a way to two dangerous extreames which are both false and have produced unhappy consequences From hoc erit jus regis some conclude his will is his Law and quicquid libet licet but this is clearely convinced in the 17 of Deuteronomy where the duty of their King is described from the 16 verse to the end of the chapter Others make it a bare prophesie of the tyrannicall abuse of power by the King which they should choose if so the people had small reason to shout for joy at his Inauguration and secondly this was not fulfilled in Saul for though he proved a Tyrant yet not in all these particulars and so they confound jus with factum But it cannot be found in any author that ever jus was taken in this sense Mischpat will not beare this signification When Theeves take away mens goods or their lives it might as properly be said hoc est jus Latronum this is the right which robbers have To finde out the true meaning The true sence of jus Regis in Samuel we must know that this law was not given as a rule for him to command but for the people to obey by it did not excuse him from sinning but disabled them from punishing him for his offences and therefore it is said when the solemnity of his Inauguration was ended Loquutus est Samuel ad populum legem regni he spake not to the King but applyed himselfe to the
be impatient though we be cut off by a wicked executioner Exc. Many examples are alleadged out of the old Testament to colour this breach of duty Answ We have plaine precept not to resist and must conforme our actions to knowne rules not the practice of others For instance Who can lift up his hands against the Lords anoynted and be guiltlesse this implyes a command not to rebell Let every soule be subject to the higher powers He that resists the power resists the ordinance of God Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto those who are sent by him Legibus vivendum est non exemplis Examples can onely shew what was done not what ought to be done To answer briefly the examples by them produced are either impertinent as being acted upon Usurpers or not to be drawne into a rule because extraordinarily allowed by God who may dispense with his owne law but this cannot warrant our imitation no more then the Israelites robbing the Aegyptians can licence Plundering or any other illegall weakning the wicked or Jacobs lying to his Father can excuse want of sincerity and truth when by false reports they may probably undoe their brethren or Jaels breaking trust in murdering Sisera can dispense with killing enemies after composition made to save their lives or lastly they were unjust To runne over the particulars would be more tedious then profitable because they are all clearly solved by applying one of these three They are impertinent or extraordinary or wicked Secondly If wee should grant that it were lawfull for the Jewes to resist Tyrants in their owne defence this comes not home to us who are called as Saint Peter sayes to beare the Crosse and to follow Christs example When wee are in danger of being killed for our Religion all that is allowed to us is only to flye from one City to another Wee may better submit to so high a degree of patience in consideration our well being is not provided for in this world and despise death because the joyes of eternall life are so plainly set before us in the Gospell whereas under the Law they were entertained with promises of temporall blessings and it must needs goe to their hearts to loose the proposed reward of keeping the Law length of dayes by their due observance of it and this upon a suspicion of a better life rather then a confidence grounded upon any plaine promise Exc. 1 I have formerly shewed the practice of the primitive Christians which was so apparent that not having so much impudence as to deny it neverthelesse they have invented severall exceptions to it which take of the glory of their innocence I have beaten them out of their strongest fort which was this deerant vires They had a good will to rebell but wanted power onely Exc. 2 The Christians were but private men and for that reason could not lawfully resist but if they had beene countenanced with the authority of the Senate questionlesse they would not have submitted themselves so tamely to the slaughter Answ First these men who grant thus much are bound in conscience to answer their owne arguments drawne from the law of nature which they tell us allowes selfe defence though with the Magistrates destruction and taken from the chiefe topique of their invectives that no body did contract to be ill-governed much lesse to be ruined and therefore no obligation can lye upon them not to preserve themselves But these and such like reasons are evidently confuted by all those Texts which bind us to suffer though wrongfully as wee have Christ for an example c. Those holy men who submitted their bodies to the flames lookt upon martyrdome not as a thing of choice but of duty They might have pleaded the law of nature and and the injustice of their persecutors whose office was to be a terror to the evill and to countenance doing that which is good but such sophistry could not prevaile upon religion which had bound up their hands from revenging themselves upon private men and much lesse upon the Magistrate Secondly that the Senate had no authority to wage Warre against their Emperour will be evinced from Rom. 13. 1. 1 Pet 2. 13. 14. applyed to the civill constitutions of the Roman Empire Submit to the King as supreme that is to the Roman Emperour saith Diodati c. all'imperator Romano detto tal-uolta Rè dalle natione stranieri Vlpian acquaints us there was not any legall power but in him what he determines hath the force of law he adds the reason because the people in whom the Senate are included by the lexregia gave unto him the right to manage all their power Vtpote cum lege Regia quae de imperio ejus lata est populus ei in eum which signifies in se saith Theophilus omne suum imperium potestatem conferat l. quod princ D. de const princ Justinian clearely decides the case if the Emperour shall take any cause into his cognizance omnes omnino judices let all judges whatsoever know that this sentence is law to all effects not only in the particular cause but it becomes a rule to decide all like cases by For what is greater what more sacred then the Imperiall Majesty or who is so insolent ut regalem sensum contemnat The sense even of the Senate was not to stand in competition with Royall constitutions l. si imperial D. de legib Wee may fitly observe that some Emperours did by Acts of grace limit their legislative power which was solely in them and bind themselves from the use of it without the advice of the Senate as is to be seene l. humanum Cod. de legib and may be collected from Auth. Habita quidem C. ne fili and divers other constitutions yet this gave no power to the people to be imployed against them if they should not performe their duty This grant made the Roman Empire like the Kingdome of England for wee have a cleare and full testimony from our Common Law that the legislative power is onely in the King though the use of it be restrained to the consent of the Lords and Commons in Parliament le Roy fait les leix avec le consent du Seigneurs Communs non pas les Seigneurs Communs avec le consent du Roy. The King makes Lawes with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King or that which Virgil describes gaudet regno Trojanus Acestes Indicitque forum Patribus dat jura vocatis It is the most unreasonable thing that ever was fancyed that Subjects assembled should have greater authority then their King without whose call they could not have met together and at whose pleasure they are dissolved in Law and bound to depart to their owne homes Exc. 3 The Anticavalier doth pitifully intangle
the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at
doe otherwise for the use is left indifferent in respect not of the Magistrates but Subjects duty so that abuse doth not voyd authority when swerving from lawes is of divine constitution The obligation not to resist superiour powers receives not strength from mans justice nor is it weakned or made null by injustice Saul was Gods anoynted and Pilate had authority from Heaven notwithstanding the extreame abuse of it Had the Apostle meant as they endeavour to perswade the world considering what Governours the Christians then lived under he had laid downe a doctrine of rebellion whereas he labours to teach them patience Thus much in answer to their objections against what was delivered in the second Section I shall now examine their exceptions against what was assumed in the precedent Section The King of England hath Supreme power Exc. There is a mixture or coordination in the supremacy and the English Monarchy is compounded of three coordinate estates Answ I have shewed before that a mixt Monarchy is a contradiction and that by this name can only be meant a restrained and limited Monarchy that is that such a King though he have Supreme yet hath not absolute power By reason of this restraint from his owne grant and positive constitutions active obedience is not due to his illegall commands and by reason of his supreme power and sole right to make Warre and Peace passive obedience is necessary Monarchy compounded of three coordinate Estates in plaine English speaks this nonsense the power which one only hath is in three joyntly and equally The ground of this invention and so much fancyed coordination which our ancient Lawyers never dreamt of may be this If they meane by it that the consent of all three Estates I will not alter the new manner of expressing this government but only take notice by the way that heretofore the Parliament was taken for an Assembly of the King and the three Estates and that in all other Kingdomes likewise there are three States the Clergy the Nobility and the Commonalty distinct from the Head are equally required for transacting such businesses as the King hath obliged himselfe not to doe without them and that they have the right of a negative voice wee shall indulge to them the name of coordination to two purposes which are making new repealing old lawes and supplying the Kings necessities in such proportion as they shall think fitting These are great democraticall advantages but include no authority of making hostile resistance against their soveraign in case he should do contrary to the established laws These are still in force till abrogated by joynt consent and bind his conscience but he cannot be forced to put them in execution because he hath no superior in jurisdiction and he hath no equall in managing jus gladii the materiall sword which is necessary to distinguish their resistance from rebellion and give it the title of a just warre For except they can prove themselves not be His Subjects I am forced to tell them if they fight against him they are by the law of Nations and of this land worthily reputed Rebells and by divine law they are assured of damnation Thus therefore the two Houses or two Estates of Lords and Commons are not bound to submit their consent to the Kings command in matter of Subsidy or taking away any ancient Law if they conceive it disadvantageous to the Common-wealth Par in parem non habet imperium in those things in which they are equall as a rather and a sonne being joyned in commission in this sense let them be called coordinate Yet they are subject in all other things and therefore may not take up armes without his consent for this is destructive of their alleagiance If there be a Coordination in the supremacy that is if the King and Lords and Commons are joyntly the supreme governour the Correlatum is wanting none are left over whom they should Reigne wee should have a Kingdome without a Subject because all may challenge a share in soveraignty The Parliament not sitting they will not deny the supremacy to be solely in the King and certainly by calling His great Councell together he doth not empty himselfe of any regall power it were very strange our lawes should be guilty of such vanity to make a uselesse coordination for if His rivalls should make any attempts upon His Prerogatives He can legally dissolve them except when he hath past a particular grant for their continuance and then the enlargement of their time of setting doth not enlarge their power and after He hath dismist the Assembly as the right to doe so is unquestionable then He is Supreme againe none being left to stand in competition The cleare businesse is this all markes of supremacy are in the King nor is it any Argument of communicating His power that He restraines Himselfe from exercising some particular acts without consent of Parliament for it is by vertue of His owne grant that such after acts shall not be valid He hath not divided His legislative faculty but tyed Himselfe from using it except by the advice and consent of the Peeres and at the request of the Commons their rogation must precede His ratification I shewed this in the Roman Empire likewise and yet none fancyed an equality between Subjects and the King or Emperour was thereby introduced As the houtefeus of France argued from the denomination of Pares Franciae to make them equall with the King so our Incendiaries from Peeres and Comites to bring in a coordination whereas it is evident that Peeres referres not to the King but signifies as the Persian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mentioned in Zenophon Subjects in the same ranke of honour and enjoying equall priviledges one is another And to make Comites is called by Lampridius in conubernium imperatoriae majestatis asciscere our lawyers derive them from having that speciall honour to be in comitatu regis Suetonius calls them comites peregrinationum expeditionumque Tiberii They were of three rankes under the Emperours Comites intra consistorium were the highest and in the nature of privy councellours but created by the Emperour the fountaine of all honour and so not similes altissimo equall to him though exalted above fellow Subjects The briefe is the frame of governement as it is established by our lawes clearely condemnes their undertakings and therefore they have laid such a foundation as will support the building For if they can but prove that Parliament men and those who are stirred up to fight against their Soveraigne are not the Kings Subjects they have acquitted them from being Rebells We have seene the ground worke and shall now take the superstructure into due consideration the whole fabrick is comprised in that exiome so frequently applied to justifie all illegall proceedings Coordinata se invicem supplent Coordinates ought mutually to supply each others failing that we may not suffer whether by necessary or voluntary defects and that
in peace we shall finde by putting downe Kings they laid the feed-plot of those many miserable civill warres with which that people was so frequently so extreamely afflicted The forme of that Commonwealth was Democraticall The governement of Rome according to the forme democraticall but according to the practise an illegall Monarchy but if wee judge of it not as established by Law but according to the practice almost in all times we must pronounce the Government an illegall Monarchy For either some one man governed the Senate and made them an instrument to oppresse the people or else according as it was aptest to advance his interests siding with the people and telling them the Nobles took too much upon them Different judgement of the best forme of governement oft-times the cause of sedition he by their power compassed his private ends under the names of common good publique safety The truth is the different judgement of the best State doth de facto open a gap to sedition because men naturally desire to live most happily and are easily tempted to contribute their endeavours to any change which they fancy for the better though in right it ought not to be so notwithstanding some forme might be proposed which were really more perfect because our faith once given to the present government cannot be recalled this civill union is as fast tyed as the marriage knot we are bound to take it for better for worse And if otherwise States would probably be shorter liv'd then men as having their foundation on the sands that is on the inconstant wills of the people who are blowne about with every winde of contrary discourses Fallacy in discourses concerning what kinde of governement is best But in this dispute concerning the best forme of civill society there is a great fallacy as yet not fully discovered Schemes are drawne in speculation and politique discourses are framed which beare much resemblance with some figures of Mathematicians which are made with much ease upon paper and with apparence of solid demonstration so that the Schollers not able to object against it entertaine it for certaine knowledge But when reduced into practice in wood or stone the failings are presently seene and their contemplations appeare vaine and unprofitable because they did not take into consideration the capacity of the Subject on which they were to worke nor fore-saw what resistance the matter would make This errour is committed in the comparison of States and many plausible reasons are laid down for the rule of the Nobles or of the people which are best confuted by experience For when it is debated whether Monarchy be the most convenient government the true sense of it is this if we judge according to the frequent practice which in Politiques is made the most reasonable measure of Lawes whether the people will live more happily when Law places the supreame power in one and nominates that person by which no roome is left for division or when one man being more active and crafty then his fellowes who ought to have an equall share in this authority raises a faction upon plausible pretences and under colour of serving his side perswades them to be commanded by him and so exercises the supreame power in an illegall way which as it is compassed by ingaging the people in misery under colour of making them more happy so â—â— it must be kept up by as bad arts and an Army must be maintained to make good by force what Law cannot justifie I do not wonder for it is no strange thing part of the people should be unwise that some should be induced to cast off Monarchy They are told it is very unreasonable that one should have all the power Toto liber in orbe Solus Caesar erit They may upon the same ground perswade them to quarrell with God Almighty Their meaning is though they dare not speake out there is no government good unlesse they have a share in it This interest of being joynt Soveraignes makes them unable to see or else willing to dissemble the apparent dangers which division threatens as likewise the great disadvantages which wait on slow proceedings counsels as well as men growing weake by age and the unhappy miscarriages of brave undertakings because not managed with fitting secrecy All these three are plainly spoken in many Governours Faction Delay Opennesse The method whereby the peoples affections are poysoned and wonne to a dislike of the present State By what means so many of the people are misled into Rebellion and by degrees brought first to desire then to attempt an Innovation is this All the defects how unavoidable soever by reason of secret lets and hinderances not to be fore-seene as depending upon many circumstances which are variable according to other mens wills and which they have not the honesty to put the people in minde of are with great care represented to their considerations and much diligence is used to set before them a perfect Catalogue of what ever faults have beene committed by inferiour Magistrates and under Officers and as they have excellent memories in repeating grievances so they have learned an art very convenient for their ends and for creating a misunderstanding betweene King and people that they may manage the discontents of the Subject to advance particular designes to forget the severall satisfactions given by Princes when upon generall complaints they are fully instructed in their Subjects sufferings The next worke is to assigne such a cause of these corruptions as shall open a way to the alteration they aime at which is to impute them to the nature of a monarchicall government by telling them their happinesse is built upon a very uncertaine foundation the will of one man and if he be bad they must surely be miserable Lastly a promise is made of healing all their evills and the remedy is multitudo medicorum the same plausibilities may be urged to perswade an entertainment of many Physicians about a sicke person as about a distempered State but experience masters these reasons and hath demonstrated the danger of it they must place the Soveraigne power amongst many to the end if one should faile of his duty others may supply it if one should be willing to oppresse others may be able to protect them It fares with men in the distempers of State as in those of their bodies They are easily induced to make triall of what any man tells them will do them good and they have the strongest phancies to those things of which they have least experience But the Fallacy which abuses the people is non causa pro causâ there ever was and alwaies will be matter of Complaint under what kind of regiment soever we live and till men be absolutely perfect the governement cannot be so voluntary corruptions and naturall frailâ—ties must have an influence upon every state This tampering with the Body to reduce it to perfect health hath overthrown many
people and declared their duty This was not what he ought to do but what they ought to suffer when a King swerved from that rule by which he was bound to governe For his duty was well knowne being laid downe many ages before by Moses and written in the booke which Moses commanded the Levites to keepe in the side of the Arke of the Covenant that it might be there for a testimony against transgressors Deut. 31. 36. so that this bindes the people not to resist though they are oppressed wherefore the close of it is since there is no helpe in man they must onely cry unto the Lord 1 Sam. 10. 18. This signification is confirmed by the Civill Law where we are informed jus praetor reddit etìam cùm iniquè discernit the meaning of it is explained relatione scilicet factà non ad id quod ita praetor fecit sed ad illud quod praetorem facere convenit L. jus plur D. de just jur And in this sense summum jus is sometimes summa injuria It were happy for all States if the people were fully instructed in this Text and could distinguish Potestatem imperii ab officio imperantis the right to governe from government according to right For the former is obligatory and stands in full force though he be defective in the latter This middle way inter abruptam contumaciam deforme obsequium neither guilty of stubborne disobedience or servile complyance is very safe and honest For it acknowledges he that hath supreame authority is subject to some lawes for it was truly said by Harmenopulus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that of the Emperours is fit to be observed Digna vox est majestate regnantis legibus alligatum se principem profiteri Adeo de auctoritate juris nostra pendet auctoritas reverâ majus imperio est submittere legibus principatum l. 4. c. de legibus But he is not subject to any Judge upon earth because he hath no superiour This the Graecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a government not accomptable to men and they opposed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such a Monarchy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to such Rulers as were responsable Ambrose expresses it by non ullis ad poenam vocari legibus tutos imperii potestate The reason of these constitutions was grounded upon necessity which inforced them to place an impunity somewhere for avoiding confusion A necessity to grant impunity to some in all governments to avoid confusion For a circle in government would be infinitely absurd and of pernicious consequences when Rulers are placed over us to challenge a right to rule those Rulers The Poët very wisely was at a stand Quis enim custodiet ipsos Custodes But these men runne round till they are giddy all the foundations of government being moved by them and put out of course Because they have not setled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Galen calls it a supreame power to whose sentence the last resort must be and whose determination jus facit that is though it should swerve from the rule of justice yet it must have the effect of right it is binding to all they cannot call him to accompt for it and make him responsable for the wrong His authority is a guard to his person and though he chance to doe some things not innocently for he ought to be guided by the lawes of honesty given to mankinde and to observe his oath and promises yet he must doe all safely because he cannot be punished by any Nationall Law This impunity makes all resistance which may any way indanger his person unlawfull David clearely determines the case Destroy him not saith he to Abishai the reason of this ne perdas is now of full force and tyes up the hands of inferiours in every State For who can stretch forth his hands against the Lords anointed and be guiltlesse 1 Sam. 26. 9. The substance of this anointment which makes their persons sacred and not to be touched with violence remaines even where the Ceremony is not practised For it is nothing else but jus regnandi the right of supremacy a true title to reigne over them and therefore Cyrus a Heathen King is called Gods Anointed Es 45. 1. though the material ceremony of powring oyle upon him was not in use amongst the Persians It is a metaphoricall expression of supereminency taken from that quality of oyle which is when it is mixed with other liquours to be uppermost The Fathers unanimous glosse which certainly ought to beare greater sway in our actions then the authority of those men not knowne to us but as the causes of our misery upon Davids confession Against thee thee onely have I sinned Psal 51. 4. pleads for this impunity Notwithstanding he had abused Vriah's wife and contrived the death of so gallant a man who forgot what was dearest to him next unto the Kings honour and would not goe in unto his wife untill the Kings enemies were destroyed yet he saith in the height of his humiliation he had sinned against God onely because there was no Tribunall amongst men to which he was responsable Our Common Law seemes to expresse it selfe in the same sense le Roy ne fa tort the King can doe no wrong Though we may suffer undeservedly yet no sense of injuries received can dispence with the obligation of not righting our selves by force I have done with my proofes out of the Old Testament and I desire my readers to weigh how much is concluded lest they should thinke the application hollow because all Kings have not the same rights which belonged to the Kings of Israel First therefore it hath beene shewed How much is concluded out of the old Testament to the present case to restraine this liberty of resistance is a wise government because of Gods owne institution and so that temptation which hath strong influence upon many ought to cease that it is folly to contract to be obedient in such a way as may leave them without remedy for great grievances And secondly it is evidenced that the same power which the Judges before and the Kings of Israel after had is in every State somewhere that jus consistens in impunitate delictorum a right of not being accomptable for their actions which fences the person or persons in whom suprema dominatio is and secures them as strongly as Lawes can doe from all violence is either in one man so alwayes in a Monarchy or in a certaine body whose power though abused must give Law in order to non-resistance to all inferiours There is a possibility of suffering very great inconveniences without any lawfull meanes of redresse It is an unhappy condition we shall live in if he or they should be Tyrants and take delight in our oppression But we cannot helpe it God out of his dominion might thus dispose of our fortunes and lives and he declares his pleasure so to doe and therefore we
the froward For this is thank-worthy if a man for conscience towards God indure griefe suffering wrongfully For even hereto were you called Because Christ also suffered for us leaving us an example that yee should follow his steps who did not sinne neither was guile found in his mouth 1 Pet. 2. The case of resistance is here inforced as highly as favourable circumstances can raise it The case of resistance inforced with greatest advantages yet condemned and when the most plausible limitations are put in yet it is concluded unlawfull we must submit as Christ did though we should be as innocent as he was and though vires non deessent wee were sure to make good our opposition for he could have summoned an army of Angells in his defence wee are bound to submit not only to justice but to injuries also and to be obedient as to good and gentle masters so likewise to the froward to bad as well as good Kings their failing of their duty not licensing us not to performe ours nor dispensing with our loyalty This is evident because the reasons annexed equally inforce this duty in Subjects as in Servants Though liberty be our birthright yet it must not be made the cloake of sin it takes not off those bonds with which God hath tyed up our hands from fighting against the supream power No lifting up private swords against the sword of justice ours against Gods weapon Deus resistet wee shall have an ill match of it It is well worth our observation that though the Apostles maine worke was heaven yet they are very sollicitous to settle our quiet upon earth by enforcing obedience unto government Saint Paul delivers the mind of God most fully most plainely He could not have expressed the duty of Subjects more punctually if he had lived in these last and worst times wherein his doctrine seemes a kind of tame folly as once much learning now much Religion hath made him mad Our Saviours prophecy is fullfilled of faith failing amongst men they thinke it unreasonable to be bound to submit to certaine present evills out of hopes of future good and to be abused by bad Magistrates upon expectation to be righted hereafter charity waxeth cold it must no longer be ranked amongst Christian duties to preferre publique good to private interest the peace of the Church and tranquillity of the State to our owne profit or safety No we must stand fast in the libertie wherewith Christ hath made us free We are not so indiscreet to submit to any triall by law because we may meet with corrupt Judges patrocinium peccati multitudo peccantium our number ought to make us safer then innocence can them it is madnesse to be hanged when we are more then those that should hang us we may call our selves the commonwealth for this is some where and the lesser part hath lesse reason to challenge it to themselves and then Populi salus Suprema lex what ever conduces to our safety becomes law to the Kingdome If any malignant and ill affected persons object the breach of knowne lawes by us we must tell them they are abrogated by equity because if they should stand in force they would destroy us The truth is these men antedate that prophecy of Christ as they have done many besides He shall put downe all rule and all authority and power 1 Cor. 15. 24. This is clearely done by their practise Kings are dishonored in the feare of God and I neede not say quid verba audio cum facta videam for their profest principles maintaine it If they are not of the true religion that is make not the peoples opinion their Creed or if they do not governe to the advantage of the Saints that is joyne not with them in those designes which they christen Gods glory and the great worke the pious Reformation then because they are no longer Dei ministri in bonum Gods ministers for their good they are ipso facto discharged of their Magistracy not Gods holy ones but their owne vices have deposed them and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their lawfull authority is not opposed by them but their persons only they fight against the man and not the Magistrate This is the doctrine which hath produced such miserable things in the Christian world to the ruine of many States and what is more lamentable the destruction of millions of soules For upon those grounds many have beene induced to fight against God and perished in their sin and too many are so farre scandalized at it that they suspect the truth of Christianity concluding within themselves that if we did really beleeve that Gospell which we outwardly professe and if we were perswaded those precepts laid downe by the Doctor of the Gentiles ought to be the measure of our practise for he injoynes subjection though to tyrants for such were the Roman Emperours then and the Kings in those times Reges gentium dominantur earum the most wicked Magistrates and those that tooke greatest delight in cruelty and oppression will sooner be weary in doing injuries then we could be in suffering Let every soule be subject unto the higher powers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Paraphrase upon part of the 13 to the Rom. all are included not any one can plead exemption we may say with the Apostle only he is excepted to whom every soule is subject If every member should be commanded to be obedient to the head they could not lawfully oppose upon joynt consent and ground their excuse upon a metaphisicall abstraction of the body from those of whom it is compounded The reason is because the action of the body is constituted of the particular acts of each member the joyning of so many personall acts makes up the act of the civill body and if it be a fault in any one it doth not take of the guilt that he sins in consort and offends with companie This notion of universall speculatively distinguished from singulars is so farre from changing the morall nature of actions that the act of the body which is created by law and civilly compleated by the consent of a major part may be sin and yet many members as the lesser part who do not contribute their votes shall be innocent because men are accomptable only for their personall deeds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let every one be subject keepe under in due rank and order Now seeing that in all order there must be some first all others must submit to this and this non potest in ordinem cogi ab aliquo cannot be legally ordered by any because there is not any upon earth prior primo before the first and higher then the supreame If he breake his order he is responsable to him only that is above him who is God Regum timendorum in proprios greges Reges in ipsos imperium est Iovis These highest powers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God is super deos and orders them as he pleases
death 't is madnesse to strike when we are certaine the blow will recoyle to our eternall destruction Therefore the Apostle commands as we wish well to our selves to recompence to no man evill for evill Rom. 12. 17. Selfe-love is the motive why we should not hurt others He exhorts by the naturall affection which is due to our selves not to avenge our selves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but rather to give place unto wrath v. 19. The wisedome of God hath introduced an excellent temper in government and such as the sence of great evils prevailed with men to esteeme very good and confirme it by their lawes Private revenge unlawfull Honorius and Theodosius tell us judiciorum vigor jurÃsque publici tutela videtur in medio constituta ne quisquam sibi ipsi permittere valeat ultionem That of Claudian is true in this sense also Qui fruitur poenâ ferus est Injur'd men are over-passionate and easily tempted to cruelty Amplius ex irâ quòd enim se quisque volebat Vlcisci quà m nunc permissum est legibus aequis Iccirco est homines pertaesum vi colere aevum Upon these considerations God hath made revenge unlawfull and beside this obligation of divine precept our hands are tyed up as strongly as faith of promise can do it This Covenant knits society and cements the civill body Though we do not onely fancy grievances as the world is full of such mistakes though we are really injured yet it becomes injustice to right our selves All the accompt we can give at Gods Tribunall is onely this we did not sinne first And this plea will afford miserable comfort to be damn'd after another That none might be tempted to strike because others hands are bound up from returning the blow God hath appointed a middle way to deterre men from doing evill for feare of suffering it in as high a degree For Tertullian sayes true disciplinae interest injuriam vindicari Metu enim ultionis omnis iniquitas refraenatur The fountaine of our actions is the opinion we have of the good or bad we shall receive by them if they appeare certainly hurtfull and that we shall suffer by so doing we most commonly forbeare I doe not say alwayes because the will may thwart the understanding else it were not free and experience sheweth that sometimes a lesse good present doth overweigh a future though certaine greater evill God will judge our cause and revenge us upon wrong doers but he performes this not immediately but by his Magistrates He delegates his authority to them and Saint Paul proclaimes their Commission in these words There is no power but of God Quicquid per officiarios facit per se facere videtur what they doe are legally his acts we have no right to reverse them by a strong hand If an inferiour Magistrate gives false judgement God grants a liberty of appeale to him in a higher Magistrate if he confirme the former unjust sentence it is lawfull to proceed by way of appeale till we come to the highest but then because God hath appointed a peaceable end of controversies we must sit downe with the present losse being fully assured God will judge this Judge we shall have another day of hearing in Heaven and all damages shall be amply repaid If we did beleeve this our unnaturall divisions would cease that is if we were truely Christians we would not doe as we have done we could not resist the highest power I have warrant to say it Here is the patience and faith of the Saints Rev. 13. 10. they beleeved therefore they suffer'd Upon such considerations Cyprian grounds the duty and shewes the practice of the Primitive Christians was very consonant Inde est quòd nemo nostrum quando apprehenditur reluctatur nec se adversus injustam violentiam vestram quamvis nimius copiosus noster sit populus ulciscitur For this cause not any one of us doth make resistance when you apprehend him nor revenge your unjust violence Patientes facit de secuturâ ultione securitas God is able to reward our patience and to requite all our sufferings If we tooke delight in the misery of our persecutors we might be abundantly comforted But alas we pitty them and grieve more for their deplorable condition then our owne torments God will avenge our innocent bloud more severely then any good man can wish for Tertullian expresses the same in his eloquent manner Satis idoneus patientiae sequester Deus est Our goods are not taken away they are sequestred for our benefit and intrusted in safe hands God keepes them for our use and will returne them with ample increase Si injuriam deposueris penes eum ultor est if you will not fight he will undertake your quarrell and you need not doubt but your enemies will be soundly worsted Si dolorem medicus est your wounds shall save you Si mortem resuscitator est if you fall a Martyr you shall rise a Saint Quantum patientiae licet ut Deum habeat debitorem what cannot our sufferings doe they make even God our debtor he owes us heaven for our selves and he owes us Hell for our enemies but we breath out our soules in prayer that he may be intreated not to pay this The Example of the Thebane Legion commands our imitation in the like cause It is one of the noblest passages in all the ecclesiasticall story wherein Christianity did shine forth in its full lustre and it affords plentifull light for our direction This band consisted of almost 7000 men all Christians when the Emperour Maximian commands the whole Army to offer Sacrifice to false Gods they remove their quarters that they might avoid if it were possible this occasion of discontenting the Emperour He summons them to performe their parts in this devilish worship They are forced to returne an humble deniall and their resolution not to disobey God for whose sake they had ever beene and would continue faithfull servants to him The Emperour unsatisfied with this answer puts them to a decimation They submit with much cheerefulnesse and dy praying for their murderer After this sad spectacle his commands are renewed but prevaile nothing upon the remainder Wherefore they also are butchered without the least resistance There was no delay in their death except from the wearinesse of the executioners This was truly to confesse him who was led as a sheepe to the slaughter and like a lambe opened not his mouth and they a flocke of his fold were quietly devoured by ravening wolves The Commander of this Regiment Maurice could not containe his joy when he had seene the first decimation gallantly suffered How fearefull was I sayes he to his surviving souldiers for armed men may be tempted to defend themselves lest any of them upon colour of just resistance for selfe preservation in an innocent cause should have strugled against this blessed slaughter I was watchfull and had Christs example in readinesse who commanded his
Members and the Head cannot thrive by a consumption of the Members Illegall gainings from the people are shifts rather then true policy they may serve a present turne yet are not worth the price at which they are purchased envy and discontents wheras the gratitude of the Subject is a constant and cheerefull patrimony When the King like the Sunne in consideration of what is drawne up from them shall returne it in plentifull showres and the blessings of a just government which makes a Land fruitfull Upon these grounds wee have very good reason to promise to our selves a happy government our hopes are much above our feares especially after his greater experience of the unfortunate consequences of some miscarriages and the strange blessings upon his strict observation of the certaine and knowne Lawes They that require fuller information in the nature of this government may finde ample satisfaction in Stawnford Dyer Crompton and Sir Edward Coke That the King is the fountain of all justice and consequently that the Lawes have placed the supreame power in the Crowne I have chosen rather to shew it out of Bracton a man worthily famous for his knowledge in the Civill and Common Law because the booke is lesse common and I finde his authority often abused to justifie their cause Sciendum quòd ipse dominus Rex qui ordinariam habet jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Kings Supremacy proved out of Bracton habet enim omnia jura in manu sua quae ad coronam laicalem pertinent potestatem materialem gladium qui pertinet ad regni gubernaculum Habet etiam justitiam judicium quae sunt jurisdictiones ut ex jurisdictione suâ sicut Dei minister Vicarius tribuat unicuique quod suum fuerit Habet enim ea quae sunt pacis ut populus sibi traditus in pace sileat quiescat ne quis alterum verberet vulneret vel male tractet ne quis alienam rem per vim roberiam auferat vel asportet ne quis hominem mahemiet vel occidat Habet etiam coercionem ut delinquentes puniat coerceat Item habet in potestate suâ leges constitutiones assisas in regno suo provisas approbatas juratas ipse in propriâ personâ suâ observet subditis suis faciat observari nihil enim prodest jura condere nisi sit qui juratueatur Habet igitur Rex hujusmodi jura sive jurisdictiones in manu suâ lib. 2. cap. 24. § 1. And againe ea quae jurisdictionis sunt pacis ea quae sunt justitiae paci annexa ad nullum pertinent nisi ad coronam dignitatem regiam nec à corona separari poterunt cùm faciant ipsam coronam The english of it in briefe is this The King hath supreame power in all civill causes and is super omnes over all persons over the body politique all jurisdictions are in him the materiall sword of right belongs to him and whatsoever conduces to peace that the people committed to his charge may lead peaceable and quiet lives The power of holding Assizes is derived from him and of punishing delinquents For Laws were vainly enacted if there were not some body enabled to protect us by defending them c. These conclusions are naturally deduced from his premises To dispose the Militia of the Kingdome without the consent of the Soveraigne and much more against his expresse prohibition is illegall To issue Commissions by any other authority then his for killing and slaying or taking mens estates by force is against the known Lawes and to forbid the holding of Assizes upon whatever pretence of advancing the Subjects property by stopping the course of Justice is destructive of the rights both of King and Subjects He defines the Sword lib. 1. cap. 8. § 4. lest Subjects should thinke it lawfull to take it up in their owne defence without his authority significat defensionem regni patriae it is the right to defend the Kingdome Populi salus the safety of the people the pretence of which hath ingaged them in a likely way of ruine cannot dispense with our Lawes which have enabled onely him to protect them It is not possible to speake more home then he hath done in the fifth Paragraph Omnis quidem sub rege ipse sub nullo nisi tantùm sub Deo Parem autem non habet in regno suo quia sic amitteret praeceptum cum par in parem non habeat imperium Item nec multo fortiùs superiorem nec potentiorem habere debet quia sic esset inferior sibi subjectis inferiores pares esse non possunt potentioribus Ipse autem Rex non debet esse sub homine sed sub Deo sub lege quia lex facit regem All are under the King and the King is under God only He hath no equall in his Realme no coordination here because then he could not command all for amongst equalls there can be no Empire Therefore much lesse are any his superiours or can challenge greater power because then he would be under his Subjects c. The King ought not to be under man He is under God and the Law because the Law makes him King The last words though advantage be made of them and Fortescue is quoted to the same purpose can afford no just ground of scruple for he explaines himself within a few lines Lex facit regem signifies no more then that of the Roman Emperours Adeò de autoritate juris nostra pendet autoritas l. digna c. de legib The meaning may be extended thus farre That the people had a hand in the conveyance of their divided rights into him and he may now challenge them by vertue of their owne agreement and by divine right also but as presupposing this consent because God doth not immediately dispose of Kingdomes now and conquest signifies greater force not juster title that oft times gives possession and a subsequent compact creates a true right I doe not deny but that conquest in some cases may be a lawfull way of acquisition the provocation may be so great that persons and estates are forfeited to the victor but because the will is not capable of being forced it doth not follow he hath got a right over their goods and bodies therefore they are His Subjects and owe to him obedience For to be subject being a morall bond where God doth not lay upon us any obligation as the duty of children towards their Parents doth not depend upon choice it can only flow from our consent But this consent of the people was not an adequate cause but a necessary qualification to make him capable of receiving a larger commission from God The Sword of Justice is blunt the peoples agreement could not put an edge upon it to cut off offenders this is done by the Magistrate as Gods delegate That the
bring in a certaine confusion For they tell us obedience is commanded onely to good Magistrates if men intrusted to governe according to Law faile in their duty they cease to be Magistrates for these are defined Dei ministri nobis in bonum The Ministers of God for the good of the Common-wealth so that to destroy such is to resist the men onely and not the power it is a warre against the person onely and not the authority which is none if used against Law because that doth not enable any to destroy it selfe the Law cannot die legally by power is not meant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they may doe by strength but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they ought to doe in right This is the most reasonable doctrine because coherent to it selfe throughout but the most seditious doctrine likewise because it gives a full liberty to the people not onely in a representative body and therefore in the diffusive much more because all the right that can pretend to against the King is derived from this but to any part of them to any private man to resume as some expresse it their power or as others to make use of that power which they never parted with to their owne inconvenience and so all necessity of suffering except when they have deserved it is taken away and Christianity is made a tame madnesse To returne to Calvin whose following words are much abused though I must confesse some conceive them craftily laid downe by him in reference to the time and place when and where he lived and that his designe was to insinuate some small colour in plausible Generalls for that most unjustifiable action of the Citizens of Geneva who had lately cast off their true Prince because a Bishop of a contrary religion after he hath informed us that God requires all private men to obey or suffer though under Tyrants he addes Nam si qui nunc sint populares magistratus c. If there be at this time any Magistrates appointed by Law in behalfe of the people to restraine the licentiousnesse of Kings such as were the Ephori opposed and set over the Lacedaemonian Kings the Tribunes of the people which curbed the Roman Consuls and the Demarchi who bridled the Senate at Athens c. upon this supposition they not onely may but ought to reforme the abuses of government and to doe right to the poore Commonalty whose guardians they are This is undenyably true but impertinent to the present controversie because the People or Nobles cannot challenge that power in a Monarchy with which they are invested under an Aristocraticall or Democratical regiment such as Athens Rome and Sparta were It is very observable by the way that by reason the supreame power was placed in the Lacedaemonian Ephori and Roman Tribunes c. their office made their persons sacred and inviolable They did justly challenge the same impunity which we maintaine belongs to Kings in a true Monarchy for I argue not from the name for though the Duke of Venice were called King it would not inlarge his authority and the Spartan Kings had onely a Royall title but were truly Subjects as we learne from Plutarch and Polybius but from the nature of that power wherewith the constitutions of a Realme doe invest one person Hence appeares the unreasonablenesse of their seditious invectives founded upon some inconveniences because power will probably be sooner abused if any person may doe what he will and not be responsable for his injustice These kinde of Declamations with which their Presses and Pulpits labour strike equally at all government For there is a necessity we should lie open to some possible evils from the abuse of authority or else we cannot provide for greater and certaine goods of common peace and publique tranquillity It is no prudence to cure the miscarriages of government by a legall confusion since even the worst government is lesse miserable then Anarchy I beleeve I can make a full discovery of those wicked Arts whereby crafty men have opened a way to the advancement of their covetous and ambitious designes at the price of publique calamity Tib. Gracchus was excellently learned in those damnable politiques and I desire all indifferent men to judge whether the unhappy disturbers of England have not exactly managed the miseries of this Kingdome according to his principles He proposed some Lawes which might well become a reall lover of his Country Graccus his seditious practises their patterne but his violence in the illegall establishment of them which did evidently tend to confusion did make it apparent that publique pretences were taken up in order to the satisfaction of private lusts Marcus Octavius as his fellow Tribune had the right of a negative voice for if one Tribune dissented no Ordinance could be made which ought to have the power of Law He not able to effect his ends informes the people that this opposition betweene their equall authorities did threaten civill warre and therefore it would concerne them as they loved their owne safety which was the supreame Law to decide this difference by recalling that power which they had bestowed to the end they might receive benefit therefrom but which was now abused contrary to a trust reposed to their prejudice The issue was he prevailed with them to depose Octavius and he made them substitute a meane person one of his dependants But being sensible afterwards that amongst all his illegall Acts this gave most distaste not onely to the Nobility and Gentry who were indued with clearer understandings but even to the slowly apprehending Commons and that it proceeded from lawlesse passion to debase the highest dignity of Tribune of the people and expose that sacred function to scorne and contempt which ever before was justly esteemed inviolable and such as secured the persons from being touched hee brings these colours to excuse that most unpresidented action The Authority of Tribunes is truly sacred and inviolable but for no other cause then as particularly devoted to protect the people and established to advance their welfare If therefore a person thus highly intrusted failes in performance of duty suffers the people for whom he serves to be oppressed and endeavours to abridge their power and denyes to them the meanes of expressing their will and pleasure by his vote for he is but their mouth enabled by them to declare their meaning In this case he forfeits all Prividedges and Prerogatives due to his office because hee thwarts those very ende which first moved the people to bestow upon him such large preeminences for if otherwise we must be bound to sit still while he pulls downe the Capitoll or sets the Navy on fire and notwithstanding any violences or whatever exorbitancies of his lusts and wildest passions tamely to obey him as our Tribune that is such an one who by vertue of our trust for the improvement of our safety usurpes a right to cut our throats and is
our servant to destroy us Certainly if he endeavour to stop that breath which created him and to overthrow the underived authority of the people he is no longer their Tribune Is it not a most unreasonable thing that a Tribune may imprison the Consull if it conduce to the preservation of the State because in that the peoples safety is concerned and yet that the people cannot depose him in their own defence and resume their power when imployed to their ruine For as the Consul so the Tribune likewise is the peoples creature they live and move and have their being in their election Againe Regall dignity in which the powers of all other Magistrates of what degree or ranke soever were united and made up a personall Soveraignty was declared sacred and holy by the most solemne and most religious Ceremonies as approaching nearer to and partaking much of Divinity neverthelesse the people expell'd Tarquin abusing his Royall power and some personall faults were thought a sufficient reason to take away the most ancient Magistracy and that which founded Rome it selfe There are not in this Citie any persons more holy more venerable then those pure votaresses the vestall virgines whose charge it is to preserve the eternall fire But if they staine their honour our Law buryes them alive They cannot challenge any priviledges belonging to their sacred employment because when they cease to respect the Gods we no longer owe a reverence to them which is paid onely in order to their service of the Gods Can it then be reasonable to suffer the peoples enemy to enjoy the priviledges due to their Protector He would cut off those hands which hold him up If the consent of the major part could make him Tribune shall not the same power which did constitute be equally strong to dissolve and much more can a greater power depose him the concurrence even of the whole people declaring him unworthy What is more holy what lesse to be violated then things offered up and consecrated to the Gods And yet no man dares forbid the people to make use of these or to remove them from one place to another as oft as they shall judge it convenient so to doe By the same reason without dishonour to the Authority they may discharge the person and choose out a better habitation for that sacred office That the Magistrate is separable from the man is evident because many when made by the people out of a love to a retired life or a sense of their infirmities and unfitnesse to manage the publique have deposed themselves others have intreated the people to choose more able servants Plutarch in the life of Tiberius and Gajus Gracchi It is needlesse to make the application Observe the event This illegall deed which was justifyed only by a pretended necessity for I know not what imminent dangers did threaten the Common-wealth except this Bill did pasle being ventured on by the unconsidering multitude to avoyd Civill Warre proved the ready meanes to kindle it The flames of which sodainely consumed the author with many of his adherents For one Nasica so managed Gracchus his seditious principles that he killed him with his owne weapons For taking advantage of the many discontents he requires the Consull to aide the publique safety by destroying him who had usurped a tyrannicall power The Consul replyes with much moderation justice and prudence It did not become him to make force the measure of right nor could he kill a common Citizen before he were brought to a legall tryall condemnation had past upon him But he promises if the people either seduced or awed by Tiberius should Vote any Ordinance contrary to established Lawes he would esteeme it of no force and would not yield to the observance of it Nasica rises up in a rage and gives the word to the Tumult since then the chiefe Magistrate neglect the common safety wee must not be wanting to our owne preservation such as will maintain the reverence due to lawfull authority follow me In this mutiny Tiberius falls a sacrifice to the publique peace Stones and Staves were the onely weapons by which this popular man and above three hundred of his companions were destroyed The behaviour of Blossius a great incendiary and an over active instrument to advance wicked designes is very remarkable He being arraigned before the Consuls confesses freely he had executed what ever Tiberius had commanded him Nasica askes him what he would have done if he had beene commanded to fire the Capitoll He replyes Tiberius would not have commanded such a thing others presse hard upon him to tell his resolution in case Tiberius should have commanded it He plainely tells them he had then done it being confident Tiberius would not have commanded it except it were for the good of the people The parallel will be defective if there have not beene unhappy instruments who captivating their sense to an implicite saith and beleeving not what themselves feele but what others Vote are active in their owne ruine in pursuance of safety and pull upon themselves misery and destruction in obedience to those Ordinances which tell them the Subjects happinesse is thereby advanced There are other circumstances fit to be taken notice of He had provoked so many he did not dare to be a private man againe not any personall ambition but only State jealousie would not permit him to lay downe his power and therefore he so contrives his businesse that the people may choose him Tribune the following yeare not so much to satisfie any private desire for he would seeme to rule only in obedience to their commands as to provide for their good in his owne safety The way to this end was to court the Commons by all popular Artes. He propounded new edicts by which the time of military service was shortned and some yeares were cut off from the prefixed number in which Roman Citizens were bound when called upon to performe the duties of Warre He made it lawfull to appeale from any sentence to the judgment of the people To the Senate in whom only before the authority to administer justice did reside he joyned an equall number of the inferior Commons so that a major part of them with a minor part of Senators if they made the major part of the whole did sway all businesses Thus saith Plutarch by all possible wayes lessening and weakning the authority of the Senate by creating greater power in the people rather out of wilfullnesse and obstinacy then sound reason which must needs perceive it was voyd of all Justice and very disadvantageous to the publique interest He had some other little Artes which stood him in good stead when the Votes of the people were to be numbred to authorize his edicts if he perceived his adversaries would prevaile in number because some of his party were absent he would take some opportunity to picke a quarrell with his fellowes only to divert the businesse for the present
and gaine time and if that would not doe he would dismisse the assembly and command another meeting Then would he appeare first upon the place in mourning apparell and with afflicted lookes and humble countenance sadly requesting the people to take compassion on him who suffered such miserable things and feared worse only for doing them service and desiring them to reward his faithfull endeavour by loving his poore Wife and little Children for he gave himselfe for a lost man since he had reason to feare yet the cause in which he should fall was an unspeakable comfort that the enemies of the Common-wealth and such as maligned their happinesse would come upon him in the night and force his house and murther him These well dissembled griefes so wrought their passions that the abused Citizens set up Tents about his house at their owne charges and maintained a constant Guard for his protection When such men shall make a State miserable under pretence of improving its happinesse and challenge to themselves a right to breake all setled constitutions under colour of forcing upon the Kingdome new Lawes which will be more beneficiall when they shall imprison us at pleasure that wee may injoy our liberties and take away our goods to secure our property and punish the most orthodox conscientious and painfull Preachers and impose upon Congregations factious Lecturers to settle true Religion and when they have acted such high mischiefs shall tell us the Nobility and Gentry of the Kingdome are Malignants and delight in and contribute their aides to advance an illegall government who are certaine to suffer most in it it is then time to cry out Quis tulerit Gracchos de seditione querentes I have beene tempted to a large digression because the same Artes which made Rome miserable are visible in our calamities I will now proceed with Calvin after he hath very conscientiously instructed us in our christian duty by saying all resistance is unlawfull unlesse undertaken by the authority of Magistrates whom the Law enables to be the peoples protectors and gives them the highest power which can only be in an Aristocracy or popular State he hath afforded too great an occasion for mistake by an ungrounded conjecture Et quâ etiam fortè potestate ut nunc res habent funguntur in singulis regnis tres ordines quum primarios conventus peragunt And the same power which the Tribunes of Rome c. had as things now stand peradventure belong to the three Estates when they hold their principall assemblies I could wish I were able to excuse him from temporizing yet he layes it down extream cunningly perhaps peradventure if this chance to be otherwise you have nothing to say for your selves you are condemned out of his mouth and in a poynt of such higly concerning consequences you have no reason to change his adverbe of doubting into an assertive I shall oppose to his perhaps it is certainely not so in England because our Lawes make this a Monarchicall government and so different from that of Rome or Athens or Sparta and therefore conscience hath no warrant for resistance against him in whom the supreme power is placed The worke of the second section was to prove it unlawfull for Subjects to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed I shall now shew the invalidity of their exceptions against it by manifesting that no dispensation grounded upon what causes soever as indeavours to make them slaves or beggars or to introduce another and a false religion and what else may be comprehended under the extreame abuse of this power to their oppression or upon any persons as inferiour magistrates or any colour of preserving the authority of the man by fighting and as much as in them lies destroying the man in authority or of making the power well used for the good of the people and not the person abusing that power to be the minister of God c. can excuse such resistance from the sin of rebellion and from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fighting against God in despising his ordinance Tyrannicall abuse of power doth not make taking up armes against the supreame governour lawfull This truth is confest in words even by their cheife writers Tyranny doth not dispense with the Subjects duty of alleageance though in the meane while they make use of such arguments to prevaile on the peoples affections and exhort them against the King in the feare of God as clearly overthrow this acknowledgment The fuller answere to Doctor Ferne saith thus there are two kinds of tyranny regiminis and usurpationis that of government though never so heavy yet must be indured not only to the good sayes the Apostle 1. Pet. 2. 18. but the froward too and therefore I know no man that defends the ten tribes revolt from Rehoboam p. 22. when they complained of some greivances under which they had groaned in his fathers reigne he was as indiscreete as unjust and told them he would oppresse them more and yet because he had jus regiminis it is ingenuously granted it was unlawfull for them to Rebell The breife answere to Doctor Ferne thus we professe against resisting power authority though abused He doth not hide himselfe as ordinarily by dividing the power from the person who is invested therewith but concludes against resisting the men also If those who have power to make lawes shall make sinfull lawes that is prove tyrants and so give authority to force obedience we say here there must be either flying or passive obedience p. 113. By the same reason if he that hath the only power by lawes already made to traine array and mustar and to dispose of the Militia with which he is intrusted for his Subjects protection and his owne safety should put them into hands which they cannot confide in yet there must be no warre waged to prevent a supposed danger there must be either flying or passive obedience But if one that is in authority command out of his owne will and not by law I resist no power no authority at all if I neither actively nor passively obey no I do not resist so much as abused authority If you meane by not passively obey take up armes ◠against which you must if you speake pertinently and would make an application of this answer to the justification of hostile resistance in Subjects you do resist power and authority in this case For though you are no obliged to yeild obedience either contrary to divine praecept or the knowne lawes of the realme yet by making use of armes you transgresse that law which disables Subjects to make warre without the Princes authority much more against his expresse command to the manifest indangering of his royall Person He answers this had beene but accidentall p. 121. and so we are told by others he might have stayed away Those damn'd assassins and
as unto them that are sent by him Deodate expresses it very fully in his Italian translation Siate adunque suggetti ad ogni Podestà criata dagli huomini per l'amor del signore al Rè come al sourano ed a governadori come a persone mandate da lui That wee may not mistake he tells us that by Power or Ordinance is meant Persons endued with power ad ogni Podestà is sayes he in his glosse upon the place a Principi Magistrati Rettori created by or amongst men dagli huomini o fra gli huomini per la conservatione e condotta della società humana Jude when he condemnes despisers of dominion and such as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speake evill of dignities v. 8. meanes to commend to us the same duty which Paul taught us out of the law which is free from all ambiguity and concludes for the persons When Ananias the high Priest whose duty was to judge after the law commanded him to be smitten contrary to the law he as was supposed by them in passion returnes ill language and being justly rebuked by the by-standers he confesses he ought not to revile the Priest though he did evidently abuse his authority much lesse ought he to strike againe with pretence of honouring his authority but not being bound to submit to his personall commands contrary to the law I wist not brethren that he was the high Priest for it is written thou shalt not speake evill of the Ruler of thy people Act. 23. 5. St Paul was unacquainted with this subtility which allowes to speake evill nay to make hostile resistance against men in authority so they professe to honour the authority of those men It is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Master Burroughs his personall strength not any legall power which is resisted if he doe any thing against law and this sayes he is not forbidden we may resist men though not powers wee must not be subject to will but to law p. 113. His mistake lyes in this that he thinkes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power signifies the right and honest use of authority whereas it signifies the right to use his authority whether well or ill 't is all one to us for matter of submission to it either by obedience or patience because no resistance can be lawfull for want of a superior jurisdiction by which onely wee can be enabled to call him to an accompt for his actions The truth of this is made evident in Joh. 19. 10 11. Pilate faith unto him knowest thou not that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to crucifie thee and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to release thee Jesus grants it and answers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. thou couldest have no power at all against me except it were given thee from above By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore are meant persons invested with authority The reason which made Paul call Magistrates by the Abstracts Powers was this he wrote to Christians living in the Roman Empire and it was the custome of the Latine Language to call persons endued with power potestates by the name of powers You may observe it in Vlpian l. quid sit D. de Aedil edict § 19. and in Augustine epist 48. who saith sive potestas veritati favens aliquem corrigat laudem habet ex illa qui fuerit emendatus sive inimica veritati in aliquem saeviat laudem habet ex illà qui fuerit coronatus Mark that potestas inimica veritati this must needs signifie a man abusing his authority And in Juvenal An Fidenarum Gabiorumque esse potestas and in Suetonius Jurisdictionem de fidei commissis quotannis tantum in urbe delegari magistratibus solitam in perpetuum atque etiam per provincias potestatibus delegavit The moderne languages Italian and French which were bred out of the Latine retaine the ancient use of speaking for potestat in French and podestà in Italian expresse not the function onely but the person which manages it Thus anciently the Latine word for a Justice of peace who now is called justitiarius was justitia as you may find in Glanv lib. 2. cap. 6. and Roger Hovedens Annals so our King is called in the abstract Majesty as the Grecian Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many ridiculous consequences flow from hence but I list not to make sport with that unhappy distinction which hath almost ruined as flourishing and strongly temperd a Kingdome as any in the Christian world It exposes Magistrates and all in authority to the contempt and injuries of the baser sort of people For when discontented it is very obvious for them to tell them a reverence is indeed due to their function therfore that they setting their office aside will take liberty only to kick their persons and that the Magistrate is not at all affronted though the man be soundly beaten It is against common sense to put such a difference betweene the person and the authority of the King for if it were reall neither God nor the Lawes of the Land have made any provision for the Kings safety for His authority is not capable of receiving any benefit and therefore it must be acknowledged by all sober and reasonable men that His authority doth but convey such and such priviledges upon the person who onely can be sensible of them and consequently whatever is attempted against his person is attempted against his authority likewise Another cavill is taken from these words in Rom. 13. For Rulers are not a terror to good workes but to the evill wilt thou then not be afrayd of the power doe that which is good and thou shalt have praise of the same For he is the minister of God to thee for good Their Argument is framed thus A Magistrate is the Minister of God for our good therefore he which is not a Minister for our good is no Magistrate and to resist him is not to resist the ordinance of God which instituted Rulers for the peoples happinesse but the faults and exorbitances of men which endeavour to rob them of the blessings of divine providence orderly government and to make them bow downe under the heavy burdens of an arbitrary sway Their conclusion contradictory in it selfe is plainly this A bad Magistrate is no Magistrate as being a terror to good works and giving praise to the evill contrary to Saint Pauls definition of Rulers and therefore no honour is due to him no resistance is forbidden Answ The example of Christ commanding them to pay tribute to Caesar as his due the end of which was that he should mind their good though he neglected that duty and his acknowledgment of Pilates power or right to judge though he exercised it to the condemnation of the innocent and Saint Pauls confession that notwithstanding the high Priest commanded him to be smitten illegally which in their language was abuse of will not power yet hee
conditions that if more should be required from Him though when conquered the Subjects would be loosers by it and they would gaine that by a miserable Warre which will much diminish the happinesse of Peace They will not now descend to a Treaty with their King they like His humility but are not well pleased it was not shewne sooner onely some slender hopes are given that their Generall shall have commission to pardon His former unwillingnesse to suffer if He can redeeme those errors which have put them to expence and trouble by a constant tamenesse for the future From Nottingham he slyes to Shrewsbury for they are contented to give Him line enough being confident they can strike Him when they please in the meane time 't is good sport to see Him wearying Himselfe with fruitlesse indeavous to escape when at last being tyred with long and vaine strivings He must be forced to deliver Himselfe quietly into their hands Thus was he accused to be the assaulter who was so long time unable to resist their violence Ei fuit saluti quòd videbatur certò periturus his apparent weaknesse did deliver him from that power which was ready to swallow him up they had then destroyed him if they had not beene more wanton then conscientious This narration is abundantly sufficient to prove the warre to be defensive of the Kings part But I will examine it further by the rules of Justice Albericus Gentilis defines warre very accurately presupposing the lawes of society and excluding private Duells publicorum armorum justam contentionem a just dispute of differences by publique swords l. 1. c. 2. de jure bel just negante sensu for that which is not unjust and in the law notion in reference not to the causes for this is called pium bellum but the authors waging it Wherefore he shewes that it cannot be but betweene independent States and Princes Citizens or Subjects cannot be lawfull enemies opposed to their Prince because they want supreme authority without which the warre is not publique nor can it be justified The reason is because warre is only excused by necessity that is when there is no legall way to end controversies by prohibiting farther appeales as amongst distinct States or severall Princes who acknowledge no superior and are not bound to submit to any Court and may perhaps not agree upon arbitrators because in some cases none can be named who are uninterressed in the decision But I will not insist upon the injustice of Subjects making war for any cause whatever upon the supreme power because this was evidenced at large in the second Section where I proved that a liberty of resistance doth destroy the nature of soveraignty or supremacy and introduces regnum in regno civitatem in civitate by dividing the civill power which can be but one if the State or Kingdome be but one That of Cyprian shall be the entrance into our iniquirie concerning the injustice of this present warre of the Subjects part setting aside their duty of non-resistance by divine law applyed to our constitutions and supposing an equality or independancy betweene King and Subjects for want of a reasonable cause which might excuse those great mischiefes as being a necessary remedy to prevent greater Homicidium quum admittunt singuli crimen est virtus vocatur quum publicè geritur And there is some ground in reason that shedding though the bloud but of one man should deserve an ignominious death and to kill thousands by publique authority should make our lives glorious Because there is as vast a difference as betweene the guilt of murtherers and the gallantry of men undertaking the administration of justice with personall hazard for preservation of publique rights First therefore a jurisdiction is required where lawes are wanting to make use of force for recovery of right which Subjects cannot have over their Prince and this doth make justum bellum And secondly a sufficient cause is necessary there must be reasonable motives or else it cannot be pium bellum Except wee have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wee commit murder with the sword of justice The method of the Romans was to demand their rights in a peaceable way by their Heralds and in case restitution was denyed then warre was proclaimed and the cause likewise declared nec dederunt nec solverunt nec fecerunt quas res dari fieri solvi oportuit as wee find in Livy that the world might be satisfied in the innocence of their unwilling violence So carefull were they to preserve their credit with mankind whom it universally concerned that warre should not be waged upon light and unjustifiable grounds There must be belli causa gravis a sober inducement to make the warre defensive and if this were not wanting reall injuries having beene offered yet if this cause were taken away by an after readinesse to make full satisfaction if the offended parties would not accept of restitution the warre was then esteemed offensive of their part and they became guilty before God for the causelesse effusion of so much bloud and worthily infamous amongst all good men Melior causa ad partem poenitentem transibat To apply briefly these unquestionable rules of justice to the present case for I find that long reasons doe as little satisfie the common sort as none at all they having but narrow memories and it being the same thing not to know and not to remember I will put but one interrogatory to such as take up Armes against the King Why they are Rebels and Traytors cui bono for that they are so I appeale to the Judges of the Land or referre them to the plaine and evident Law 25. Edw. 3. Let them suppose themselves arraigned and the Judge to aske what they can say for themselves why sentence should not passe for their condemnation according to expresse law Certainly they could not make a fairer plea then the Earle of Essex who had not proceeded to offer violence to the Queene and yet was adjudged a Traytor for appearing in Armes only with intention to remove evill Counsellors The pretext is in defence of Liberty Lawes Property Priviledges of Parliament and Religion But the reall cause is the preferment of a few ambitious persons who will not permit the Lawes to have their free and uninterrupted course the knowne security of the Subjects happinesse because the orderly administration of justice doth not signifie that the King will bestow such offices upon them as their inordinate desires aime at He cannot doubt the truth of this who hath read and observed the conditions without which they will not suffer peace and to compasse which His Majesty hath left no reasonable wayes unattempted I am confident He hath offered so much to His Subjects as would content honest and moderate conquerours Concerning Lawes there shall not be any other measure of mens actions besides those knowne rules Neither Royall Proclamations nor fellow Subjects Ordinances shall make the people miserable under