gentem robustam longinquam quae destruet eos c. by the way he does not say that Subjects shall call in a forraigne Nation that is treason But the Lord will bring them in because they would not judge their people righteously The distinct answer to it is that Bracton layes not this downe as Law but when he had taught the quite contrary Omnis quidem sub eo ipse sub nullo sed sub Deo tantùm and non habet parem and sufficit ad paenam quod Dominum expectet ultorem He puts this speech into the mouth of a man discontend at the abuse of regall power and arguing from the practise of that Age wherein he wrote for the Rebellious Barons seized on the Militia of the Kingdome which of right appertained to Hen third as Bracton clearely delivers himselfe ea quae sunt justiciae paci annexa ad nullum pertinent nisi ad coronam nec à coronà separari potâ—runt That he speakes it in the person of another appeares from hence that he begins it with dicere poterit quis some body may say The King hath done Justice and it is well and why hath he not the same liberty to censure him if he doe iniustice and accordingly to require him to performe his dutie lest he fall into the hands of the living God He proceeds immediately to Rex autem habet superiorem c. It would be very easy for one better read in our Lawes then I am to shew that the King of England hath supreame right from the nature of all Subjects lands holden of him in fee which though it gives a perpetuall estate Kings supremacie proved from the nature of all his Subjects tenures yet not absolute but conditionall for it depends upon the acknowledgement of superiority and is forfaitable upon a not performance of some duties and therefore it returnes unto him For the breach of Fidelity is losse of Fee as appeares in Duarenus Wesembechius Farinaccius Molina Socinus Gail and they tell us that all Lawyers agree that all Feuda are lost by rebellion as also by our common Law which according to the nature of the trespasse varies the forfeiture In case of Treason as taking up Armes against the King for so you may find it determined 25 Edw. 3. c. 2. after legall conviction all their lands and tenements are absolutely in the Kings disposall in case of felony the King hath a yeare a day and the wast after which it passeth downe to the heires It is very evident that the King onely hath that high degree of property in his lands which Lawyers call alaudium or alodium The sense is the same though the words differ for it is not materiall whether with Budaeus we derive it from the privative particle a and Laudum which signifies nomination so that it denotes praedium cujus nullus author est nisi Deus to hold in his owne full right without any service any payment of rent because from God onely or like to those of Heinault who acknowledge no tenure but from God and the Sunne Pays de Hainault tenu de dieu du soleil or else we may derive it from the same privative particle a and the Saxon Leod or the French leud a vassall or leigeman and then it expresses thus much a tenement without vassallage without burden to which our English Loade retaines some resemblance But Subjects of what degree or condition soever hold their lands ut feuda in the nature of Fee which implies Fealty to a superior It is all one whether they belong to them by inheritance or by purchase for though they may sometimes be dearly bought yet such is the condition of the alienation that they cannot be conveyed without those burdens which were layed upon him who had novell Fee So that Camden pag. 93. of his Britannia observes very truly that the King only hath directum dominium this being reserved by the conouerour who changed many of our lawes and introduced the customes of Normandy and instituted all our pleas in French and passed over the utile dominium only he gave though not absolute yet perpetuall right conditions being performed to use and enjoy such and such lands The highest expression of a Subjects right which law will justify is this seisitus inde in dominico suo ut de feudo He is seized of such lands in his demaine as of fee. Now Feudum is manifestly a derived right and founded in him who hath supreame right in consideration whereof all lands held by Subjects are burdened with some services which differ according to the variety of grant from the King Hence some tenures expire with life others goe downe to our posterity by discent to whom the law gives usum fructum a right to use injoy and make all profits but they are properly but mesn or mesme Lords as holding of an over Lord or Lord paramount who is the King The Kings supremacy is as strongly proved in that he is our Leige Lord Leige Lord bound to some duties as appeares by sundry Statutes for such an one can acknowledge no superiour as Duarenus shewes in comment de consuetudin seudorum c. 4. num 3. And all Subjects are homines ligii leige men and owe faith and true alleagiance to him as their superiour The definition of Legeancy is set down in the great customary of Normandy Ligeantia est ex quâ domino tenentur vassalli sui c. Ligeancy is an obligation upon all Subjects to take part with their leige Lord against all men living to aid and assist with their bodies and minds with their advise and power not to lift up their armes against him nor to support in any way those who oppose him but not under paine of forfeiture as Leige men are The Lord like wise is bound to governe protect and defend his leige people so the English are often called in Acts of Parliament according to the rights customes and lawes of the Country If Subjects breake their faith and prove disloyall their estates and lives are expressely forfeited and the King is enabled by law as the fountaine of all Jurisdiction to seize upon their goods and lands and to destroy their persons If he performe not his duty for there is a mutuall obligation betweene leige Lord and leige men yet notwithstanding this failing neither his Crowne or any rights belonging to his Royall dignity are subject to forfeiture Let them if they can produce any one law to maintaine their assertion If there had beene any it would not thus long have been concealed for they are not accustomed to dissemble any advantages by overmuch modesty Indeed they have not any shadow of proofe or colour of reason for it and yet upon their bare word how many thousands have hazarded their soules by assisting rebells which are eternally lost if they perish in their sinne What madnesse is it to beleeve their saying before their and your owne
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
faith is sin we must conforme our practise to that standing rule layed downe by the Apostle Active obedience against Gods law sin Deo magis quā hominibus We ought to obey God rather then men we are bound to use Tertullians phrase temperare majestatem Caesaris infra Deum The reasons to the contrary for absolute unlimited obedience have no solidity One is upon a false supposall Objections to the contrary that at our entrance into civill society we submitted as our wills by which is meant not the faculty but the effects of it which were in our power and which are subjected as farre as they were in our power that is in all honest performances for peccare non est nostri juris so our understanding and consequently though in our private opinion such actions were unlawfull yet if commanded said by our rulers to be just our publique judgement which we had given them right to passe upon good or bad did pronounce them honest A second argument is though we thinke such actions unlawfull upon a particular comparing them with the measure of right and wrong divine precept or prohibition yet from a more generall raeson we thinke this thought of ours condemning such actions to be an errour and so if we doe what we thinke in our private judgement God hath forbidden we doe contra opinionem agere sed non contra conscientiam practise against our opinion not against our conscience because that is swayed by this generall reason If when rulers say such a thing ought to be done I say it ought not the sence of it is I am wiser then they But if I grant them the more able men I must needes thinke they are likely to make truer judgement and so am bound to submit to the greater discretion because in morall differences which are not capable of demonstration I must guide my practise by the highest probabilities of good If sheepe knew how apt they are to goe astray they would be content to be guided by the shepherd and therfore governors who are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to direct us in the waies of safety He that shall undertake to be his owne master will have a foole to his scholler and he that refuses to follow his guide and fancies some private turnings is likely to misse his way and through many wandrings to come weary to his journeys end A third argument is to challenge to our selves the judgement of good and evill is the fruit of that bitter root of Adams disobedience Eritis sicut Dij scientes bonum malum was the temptation and the sinne was he did eate of the forbidden tree of knowledge of good and evill He was not content to be acquainted with good only submitting to that which made actions good or bad the command or prohibition of him who had dominion over him but began to examine the justice and reasonablenesse of them and so would make himselfe like the Law-giver Answer The answer hereto is easie by distinguishing those things in which God will require from every one a liberty of judging and a conformable obedience from things more obscure and which will require a deeper search then ordinary understandings can make Of the first sort are the plaine and familiar truths laid downe in scripture of which S. Paul binds us to be so confident that though an angel from heaven should preach any other doctrine we may not admit it As likewise many morall duties easily discerned even by weake apprehensions If this were not so the Apostles rule could not lawfully be made use of we must obey God rather then men and the people would be bound to follow their blind leaders into the pit of destruction For Christ tels us both shall fall into the ditch But the Apostle allows them to whom he spake to examine his doctrines of this nature by the rule of their owne understanding I speake as to them which have understanding judge ye what I say and judge in your selves is it comely c. and in the verse following doth not even nature it selfe teach you c. This case is clearly decided in the 14th to the Rom. where we learne if we condemne our actions though in themselves not blameable yet to us they are sinne v. 22 23. Happy is he that condemneth not himselfe in that thing which he alloweth He that doubteth is damned if he eate because he eateth not of faith wherefore he gave a generall command in the 5. v. let every man be fully perswaded in his owne minde Of the latter sort are things more intricate and which cannot without great difficulty be judged of Being such for the most part wherein not mens honesty but their prudence is exercised And here a submission of judgement is very reasonable As in law cases to be swayed by the professors of it or if we build a house to be directed by artists or in a tempest to take the most probable way of escaping by relying on the pilots steering the ship and forbidding unexperienced passengers to runne to the helme confusedly and alter the course according as their ignorance feares prompt them upon a conscientious madnesse that they shall be accessary to their owne death if they put their lives out of their owne hands though they commit them to sea-men whose experience hath better enabled them to avoyd the rockes and the shelves And thus in civill government wherein the greater part of men can have no deepe insight to trust the managery of the publique safety to persons wiser then themselves and to bind one another to performe all offices in relation to this end according as they shall be commanded by their governours and not to rule their law-givers by disputing the unreasonablenes of what is injoined And to this captivateing of their understanding religion obligeth them for God is not a God of sedition of mutinye and confusion but of unity order and of peace The case thus resolved produceth an excellent temper in mans obedience as by which we render to Caesar the things which are Caesars and to God the things which are Gods Be subject to every ordinance of man for the Lords sake This binds universally those only cases being excepted which God expressely and evidently reserves to himselfe and in them we must take law from the more powerfull Feare not them which kill the body but are not able to kill the soule but rather feare him which is able to destroy both soule and body in Hell This liberty of denying obedience can neither be offensive nor dangerous to authority First not offensive No inconveniencies from this doctrine rightly stated God to be obeyed rather then men because magistrates can challenge no more right over our actions then God gives them or we our selves had before we submitted them to their commands which was none in this supposed case because a dishonest deed non est nostri juris is not in our power We can
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
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
evils upon us they cannot be so great so generall as civill warre would create But suppose we suffer more in a corrupt peace then amidst such unnaturall distractions as this miserable Country now bleedeth under yet we ought not to be tempted to impatience but should rather rejoyce that God hath enabled us to stand out his fiery tryall such afflictions if rightly understood are blessings and though we are not bound to pray for them yet we ought to give thankes Bad Rulers if wee doe not imitate whom we condemne and neglect our duty because they performe not theirs are but unhappy instruments of our greater glory If we did deeply consider the fruits of our patience we should certainly pitty and perhaps love our oppressors as the unfortunate occasion of our higher blisse The Christians under Julian were very sensible of this duty and confesse themselves bound to obey him in all lawfull things and they did accordingly fight his battailes but when a greater then he did interpose cessabat potestas minoris they chose to serve God in the first place and redeemed their not obedience to him by offering up their bodies willing sacrifices For they wanted not numbers sufficient as appeares by the Armies electing Jovianus a Christian to succeed him in the Empire with this acclamation Christian◠sumus If resistance were lawfull in any case never men could have brought fairer pleas Julian was an Apostate from the established true religion he dealt with Sorcerers and Magicians and professed against doing justice to the Christians making sport with their injuries and returning no other answer to their teares and humble Petitions but such scoffes as these It is part of your religion to be abused you forget the Galilaeans precept Why doe you not rather suffer wrongs you must forgive all offences against you as you hope to be forgiven if they strike you on one cheeke you are bound to turne the other also if they take away your cloaks that gives them a just title to your coates also if at least he whom you worship have power to dispose of your goods you are bound from going to Law and rendring evill for evill why doe you petition against who are bound to pray for your Persecutors If they take away your revenues they advance you into the state of perfection which requires you should not possesse any thing c. They were more persecuted by his wit then his cruelty and yet though he did even wanton in their miseries his barbarous usage could not prevaile with them to neglect their calling but they committed themselves to him who judgeth righteously and he revenged their causelesse sufferings in his destruction for as stricken from Heaven he cryed out O Galilaean thou hast got the better It is as hard a matter to perswade men to obey or suffer under bad Princes as it is to make them the same in practice which they are in profession true Christians For they are very apt to corrupt the plaine Text with false glosses as oft as religion runnes crosse to civill interests Their strong desire it should be false supplyes the defects of arguments which could not be able to stand against manifest truth if affections had not a more powerfull influence upon humane actions then reason I shall therefore labour to prove what they are so unwilling to beleeve and I will lay downe the conclusion in Calvins owne words whom they cannot except to as a Royalist In homine deterrimo honoréque omni indignissimo penes quem modò sit publica potestas praeclaram illam divinam potestatem residere quam Deus justitiae ac judicii sui ministris verbo suo detulit Proinde à subditis eadem in reverentia dignatione habendum quantum ad publicam obedientiam attinet quâ optimum regem si daretur habituri essent Let his vices be never so many so great and his merits small or none yet by reason of his office we must esteeme his person sacred God doth shed upon him the rayes of Divinity by constituting him his Minister wherefore his Subjects should looke upon him with the same reverence and awe as they would upon the best King Instit l. 4. c. 20. § 25. The Heathens went farre Voto expetendos bonos principes qualescunque tolerandos But Christianity goes higher we may pray for the best but we must not onely suffer but yeild chearfull and hearty obedience to the worst If any doubt arise let them consider the divine providence so frequently mentioned in the Scriptures and his especiall disposing of Kingdomes The Kings heart is in the hand of the Lord as the rivers of water he turneth it whither soever he will Prov. 21. 1. and Dan. 2. 21. He changeth the times and the seasons he removeth Kings and setteth up Kings c. There is a place in Jeremy very apposite I have made the earth the man and beast that are upon the ground by my great power and by my outstretched arme and have given it unto whom it seemed meet unto me and now have I given all these lands into the hands of Nebuchadnezzar the King of Babylon my servant c. and the Nation which will not put their necke under the yoke of the King of Babylon that Nation will I punish saith the Lord with the sword and with the famine and with the pestilence untill I have consumed them by his hand Therefore hearken not yee to your Prophets nor to your Diviners nor to your Dreamers which speake unto you saying ye shall not serve the King of Babylon for they prophecy a lye unto you that ye should perish cap. 27. He was a fierce Tyrant and yet obedience was enjoyned by God because hee had a right to governe them I have inlarged my selfe upon that of Samuel Hoc jus erit Regis this shall be the right of the King who shall reigne over you and it amounted to this to destroy their liberties and property Calvin drawes this conclusion from it Kings could not doe so according to right because the Law was against it which instructed them in their duty to governe justly but it was called jus in populum a right over the people to which they must needs be subject nor was it lawfull for them to resist l. cit § 26. It is a frivolous objection saith he that this precept concerned onely the Israelites because the command is generall and obligeth all not to resist him to whom the Kingdome of right appertaineth The counsell hence inferred is very good let not us therefore breake our duty because Kings performe not theirs If we live under a bloudy Prince or covetous or intemperate or weake or one that persecutes the most godly professors let us call to minde our own sins which have deserved greater castigations Let us thinke it is Gods sword the sword of Justice though man commit murther with it If we have deserved to die and the Law passe sentence upon us we ought not to
to prevaile with them to neglect plaine duties of subjection and obedience upon the strength of obscure prophecyes whereas they ought to live according to precept not predictions many of which shall not be fulfilled but by the sinnes of wicked men Blesse me O Lord from being an instrument to bring such thy workes to passe It is our onely safe way not to doe evill that good may come of it The Apostle forbids it and the reason may be this God hath no need of the sinfull man Why shouldst thou cease to be good for feare God else would not be true Babylon will certainly fall though wee walke uprightly to feare God and honour the King are no stops to the destruction of that man of sin After such fiery spirits have engaged the Kingdome into probable wayes of utter ruine and desolation after your hands have beene imbrued in the bloud of the ancient Nobility and you have miserably torne in pieces the brave and honest Gentry and exposed the seduced Commons to those fatall mischiefs which accompany the Sword Pestilence and Famine and the bleeding State shall at length grow wise and unite againe for the preservation if it be possible of the ruinous remainder rather out of a wearinesse of the insupportable calamityes of Warre then out of a Christian love which would have continued unto us the blessings of peace All the satisfaction which these false Prophets can give for the unspeakable mischiefes which they have pull'd upon their unhappy Countrey will be onely this We were mistaken in those places of Daniel and the Revelation The time it seemes is not yet come The Saints must still expect and Gods holy ones must waite and pray for a more happy opportunity to perfect the great worke by Rebellion Exc. There is a mutuall contract betweene King and Subjects and if He breake the Covenant He forfeites the benefits of this agreement and He not performing the duty of a King they are released from the duty of Subjects Answ The Jewes could have made this plea grounded in the nature of a Covenant the breach of which though instituted by God betweene King and People Deut. 17. was no dispensation for them to Rebell as was evidenced formerly The Kings of Persia though confessedly Supreme and not responsable to their subjects yet tooke an oath at their inauguration as Zenophon and Diodorus Siculus informe us and it was not lawfull for them to alter certaine lawes as appeares in Daniell neverthelesse their miscarriages in government did not dispence with their Subjects loyalty If a Father promise any thing to his children they have a full right to his performance but in case he prove dishonest he doth not thereby loose his right to governe them nor are they excused from their duty of honour and obedience So there is a contract betweene Husband and Wife the violation of which on the mans part doth not bereave him of his dominion over the woman I confesse a great obligation lyes upon Kings not only from their Oathes and promises and agreements but expressely from Gods law also to governe the people committed to their charge with justice and equity And if they abuse their power Gods punishment will be as high as their ingratitude The greatest temporall favour which God bestowes upon any single man is to make him his Vicegerent his immediate Deputy Christum suum his anoynted and the greatest blessing he hath given to mankind is government by which he hath provided for the common good of all Now if he turne this blessing into a curse if he who is set over a people to punish evill doers persecute those who doe well he must expect a fearefull judgment from the Almighty it is pathetically exprest in Wisdom 6. Heare therefore O yee Kings and understand learne yee that be Judges of the ends of the earth Give eare you that rule the people and glory in the multitude of nations For power is given you of the Lord and soveraignty from the highest who shall try your works and search out your counsels Because being ministers of his kingdomes you have not judged aright nor kept the law nor walked after the counsell of God Horribly and speedily shall be come upon you for a sharpe judgment shall be to them that are in high places For mercy will soone pardon the meanest but mighty men shall be mightily tormented For he which is Lord over all shall feare no mans person neither shall be stand in awe of any mans greatnesse for he hath made the small and the great and careth for all alike but a sore triall shall come upon the mighty Thus much is granted but to conclude from this obligation that a not performance induces a forfeiture of his crowne and that we may make hostile resitance against unjust commands is a very weake way of reasoning For consider with your selves is there not a mutuall duty betweene husband and wife parents and children Fathers must not provoke their children to wrath but bring them up in the nurture and admonition of the Lord Eph. 6. 4. Husbands should give honour to their wives a unto the weaker vessells 1 Pet 3. 7. Suppose some fathers prove froward some husbands unkind yet cannot their faults dispense with the duty of children and wives The King Vrbi pater est urbique maritus is both husband and father not to single persons but to the Commonwealth There are many resemblances in matrimony which will afford great light to the better understanding the duty of Subjects The consent of the woman makes such a man her husband so the consent of the people is now necessary to the making Kings for conquest is but a kind of ravishing which many times prepares the way to a wedding as the Sabine women chose rather to be wives then concubines and most people preferre the condition of Subjects though under hard lawes to that of slaves If we apply their arguments their Sophistry will clearely appeare For Quicquid efficâ—t tale est magis tale and constituens est major constituto bestowes upon women the breeches as well as the Crowne upon the people and unumquodque eadem potestate dissolvitur quâ constituitur gives the same licence to a woman to cast of the bonds of wedlock as to subjects those of subjection As in marriage so in monarchy there are two parties in the contract though without a mutuall agreement there could be no covenant yet after it is once made the dissent of the inferiour party let it be not upon fancyed but reall discontents cannot dissolve the compact Consent therefore joynd man and wife King and people but divine ordinance continues this union marriages and governments both are ratified in heaven Quae Deus conjunxit homo ne separet whom God hath joyned let not man put asunder They must take their King for better for worse It is very observable though it was permitted to the man in some cases to give a bill of divorce yet
even to this day though now violently invaded by Subjects through vertue of an Ordinance of which no times can afford a president and all Subjects of what condition soever were bound to doe homage and beare fealty to him which was inconsistent with taking up Armes against him That he might sweeten their subjection Quaedam jura pactis minuit he restraines his absolute right by compact bestows some liberties some priviledges upon the people who commonly nec totam servitutem pati possunt nec totam libertatem and these Acts of Grace he confirmes unto them by such security as should not endanger his person nor regall authority that is by promise and oath and not by giving to his Subjects legall power to un king him if he should not performe covenant knowing full well that though hee should not really breake it yet a pretence he did so might upon the first opportunity create a civill warre and therefore his Subjects had as little reason to accept as he to offer so pernitious security as would put both parties in farre worse condition for if Rebellion should be allowed in any case that case would be alwayes pretended and though the Prince were just and wise and religious yet ambitious men to compasse their owne ends would impute to him oppression weakenesse and that notwithstanding his exemplary practise in his publique devotions to the contrary he did but handsomely dissemble and favoured a false religion in his heart The method of that Rebellion in the reigne of Henry the third which made France extreamely miserable is very observable A factious party of the Nobility and Gentry a seditious party of the Clergy and an unfortunate party of the seduced Commonalty entred into a holy league against their lawfull Soveraigne upon pretence he was mis-led by evill Counsellors and favoured the reformed doctrine notwithstanding he was even superstitiously strict in his devotions in conformity to what the Roman Church enjoyned When potent Armies were raised ready to swallow him up yet out of a vehement desire to undeceive his people and to discover to the whole world the ungrounded malice of his adversaries in such unreasonable imputations he refused the honest assistance of faithfull Subjects because Protestants to his owne and their probable destruction Many of King Williams Successors did inlarge the Subjects Priviledges by divers Acts of Grace which they swore to maintaine but never gave them such security as should alter the nature of Monarchy by granting authority to their Subjects to force them to observe promises and to make satisfaction for true or fancyed violations Hence it appeares that the originall was conquest as it is of almost all the Kingdomes in the world which occasionally conveyed to him full right because they yeilded themselves and consequently what they had to the Victor the Lawes which he or after Princes made for the benefit of the Subject were severall limitations of this right and therefore where Lawes cannot be produced to the contrary there the Kings power is absolute and no speciall cases can be determined by the Subject to the Kings disadvantage The moderation of his power was by his owne compact which he could not violate without injustice yet the breach of it could not indanger his personall safety because he gave no jurisdiction to his Subjects to force him by strong hand to doe them right and if he had done so he had made himselfe in such cases their subject What ever we can claime as due now is by vertue of the Kings grant and therefore it is said by Hen. 3d in his ratification of the great Charter We have granted and given to all the free men of our Realme these liberties 9. H. 3. The whole Land was the Conquerours he gave part of it as a reward for their service to his Normans and other parts to the ancient Inhabitants and their heires after them yet so as he altered the tenure and made it descend with such burdens as he pleased to lay upon them They hold them but in fee and therefore are bound to certaine services and to doe such and such duties upon paine of forfeiture in case of Treason and Rebellion their lands are his owne againe and returne into his disposall If Subjects breake their Covenant and prove disloyall all their rights are forfeited by expresse Law if Kings breake their compact no forfeiture followes The reason of this inequality is because the King gave Law to the Subject the Subject did not give Law to him Exc. Another exception is If a King exercising tyranny over his people may not be resisted he and his followers may destroy the Kingdome Answ This is easily satisfied if we consider in what condition we were when conquer'd and how that to avoid a certaine ruine for he might have rooted us out for his better security and planted this Land with his native Subjects we submitted to an onely not impossible that is a most extreamely improbable destruction For it is an unheard of madnesse that a King should be such an enemy to his owne interests It is in our power to kill our selves and yet we are not affraid of our selves because there is a naturall dearenesse implanted in us which secures every one from selfe-wrong we have as little cause to be troubled that it is in his power to make himselfe no King by destroying his Subjects The King perishes in the ruine of his people and the man onely survives exposed to the hatred and scorne and revenge of mankinde Sint quibus imperes is a strong antidote against this unreasonable feare Secondly no policy can give an absolute security we must trust some body by which a way lyes open to a possible mischiefe but many most probable and certaine inconveniences are thereby avoided Thirdly we have good grounds to rely upon divine providence if we doe our duty for the hearts of Kings are in the hand of the Lord he will put a hooke into the nostrils of Tyrants and though we may be chastised for a tryall of our patience or punished for our sinnes yet he will not permit them to bruise his children to pieces Exc. We are bound by the naturall affection we owe to our Country to be active in restoring it to happinesse by removing such a curse from the land Answ We must not doe evill that good may come of it Some reply this precept obliges private men not Magistrates especially aiming at not any particular but the publique good a pious intention to advance this excuses from sin Certainely it will concerue all such as meane to goe to heaven they may as well tell us Magistrates may lawfully steale or commit adultery if they sin for the Common-wealth that is plunder in hopes to finde letters amongst malignant goods or lie with other mens wives to unlocke their brests and discover such secrets whereby they may more easily cut their husbands throats as being in their Catalogue of evill councellours or enemies to