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A35998 The vnlavvfulnesse of subjects taking up armes against their soveraigne in what case soever together with an answer to all objections scattered in their severall bookes : and a proofe that, notwithstanding such resistance as they plead for, were not damnable, yet the present warre made upon the king is so, because those cases in which onely some men have dared to excuse it, are evidently not now, His Majesty fighting onely to preserve himselfe and the rights of the subjects. Diggs, Dudley, 1613-1643. 1643 (1643) Wing D1462; ESTC R10317 134,092 174

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So that the wronged people must onely cry unto the Lord as the Jewes were directed in their hard condition And Saint Ambrosse is sensible of this obligation repugnare non novi dolere potero potero flere potero gemere c. aliter nec debeo nec possum resistere Least Christians should be more stiff-necked then the Jewes who bore this heavy yoke Saint Peter prescribes their behaviour and tells them it is a part of their calling and unlesse they performe their vocation they cannot make their election sure to imitate Christ thus farre who when he was reviled reviled not againe no dishonorable speeches no reproachfull language from him which yet falls short of the meditated malice of the pen when he suffered he threatned not no killing and slaying so much as in words and no people can have greater innocence and no Governour greater faults but he committed himselfe to him that judgeth righteously 1. Pet. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto the higher powers Hereout they endeavour to picke some advantage for say they by the same Logique as we conclude impunity due to Kings and so all resistance unlawfull we must be forced to inlarge this priviledge and communicate it to all Magistrates whatsoever because they are higher powers also But this immunity is overlarge by our owne confession as repugnant to all States and therefore seeing we cannot justifie the inference in its full latitude we cannot reasonably collect any thing These men strangely mistake the grounds of our deduction their strong fancy against it not permitting them to take the reason of it into due consideration we confesse thus much is concluded for all Magistrates such are they to whom the King delegates his authority that it is not lawfull for any that are under them to make resistance Lawfull to resist inferiour Magistrates if they oppose the supreame as a private man may not oppose a Constable nor a Constable a Justice of peace nor he a Judge So common Souldiers cannot punish a Lieutenant except by vertue of a Commission from the Generall and then they are above him as being made Magistrates to execute martiall law upon him nor he a Colonell nor a Collonell the Generall they being but private men in reference to one above them and so Kings in Monarchies and proportionably in Aristocracies those persons in whom the supreame power is placed which are the major part consenting are not judicially accomptable to any because they are the highest Thus much Scripture evinces the civill law confirmes reason suggests and the practise of all States hath imbraced it For there is no power but of God Here is the cause of obedience rendred this right to governe is not onely by his bare permission so theft and murder are but it is his constitution and by vertue of this the Apostle collects that honour is due to their persons I have proved formerly that such power could not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse it were of God the people could not dispense with divine precept non occides thou shalt not kill The powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordained or ordered of God This is his ordinary providence by which he hath thought fit to governe the world and we must submit to it till he declare his will to the contrary nothing can take off this obligation but expresse revelation And we have some new Enthusiasts who are going on to this height of fury Methinkes it should startle all good men to see some interpretations of obscure prophecies out of Daniell and the Apocalypse cast out to justifie the breach of plaine duties Whosoever therefore resisteth the power resisteth the ordinance of God Here is faire warning take heed what ye do you have a terrible enemy to encounter with it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fight against God You cannot flatter your selves with a prosperous issue for those which resist shall receive to themselves damnation Lest any should be so miserably besotted with a senselesse distinction as it is misapplied by them of the authority from the person as to incurre the danger of this fearfull commination Against that distinction of the authority from the person he joynes them together and uses them promiscuously and in the prosecution inforces that by mentioning the persons which before he had attributed to the powers Whosoever resisteth the power resisteth the ordinance of God and they that resist shall receive to themselves damnation it immediately followes For rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are not a terrour to good workes but to the evill Then he comes to the authority againe wilt thou not be afraid 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 there he concludes with the person Observe with what vehemence he repeates this duty though fully delivered before as if his mind misgave him concerning these rebellious times Wherefore you must needs be subject A necessity is laid upon us and woe unto us if we be not subject we have two powerfull motives not onely for wrath but also for conscience sake As for feare what the Prince may for rebellion seldome prospers Traitors are unfortunate gamesters though they win at first they are most commonly terrible loosers in the close so what God will inflict You have his word for it you are damn'd if you resist Though Rebels should get the start by seizing his ammunition Forts and Ships and you have cause to thinke your loyalty will disadvantage you when a King is in sight too weake yet be wary what you doe God oft times raises up strength to him beyond mans expectation and the event shewes those which continue honest are most truly wise The heads of the rebellion shall be brought to condigne punishment and their memory be odious amongst all good men 'T is true to be subject to present plunder is a strong temptation against duty yet upon a generall survey ye shall find they take not much more from their enemies God is to be reckoned of the Kings side who will overballance their greatest forces then they force their freinds to give they have no great reason to brag of being savers it hath cost them very round summes to loose their soules But yee see how much the King indulges to this feare I know not whether God will pardon so easily for if feare of loosing by being honest be a good excuse for neglect of duty hopes of gaining by playing the knaves may as reasonably be pleaded so unwilling is he any should suffer for his sake How often hath he beene pleased graciously to forgive upon that easy excuse they did not dare to be his freinds that is they were his enemies not out of spight and malice but onely for their owne advantage and he is content not any should loose for him O let not his goodnes move you to have a
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
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
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
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
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
must not returne ill language because he was the Ruler do clearly evince their argument not concluding Saul was a bloody tyrant hee made the Priests a sacrifice to his cruelty yet notwithstanding he continued Gods anointed It were easie to instance in many examples which shew the vices of man making ill use of the power do not voyd the ordinance of God There are who answer these places very piously but as I think not altogether to what Saint Paul aimed at Rulers are not a terrour to good workes and he is the minister of God to thee for good that is though they oppresse nay kill innocent men yet they cannot hurt them For God will recompence their sufferings it is in bonum afflictis though affligentibus in malum because all things worke together for good to them that love that is are obedient to God Rom. 8. It seemes to me more probable that the scope of the Apostle was to inforce the duty of subjection pressed in vers 1. by a second reason for he had urged before the ordinance of God drawn from the benefits which will be reaped from Governours And the motive is the consideration of that happinesse which wee have reason to promise our selves from the preservation of order the end of which is publique tranquillity This is enjoyed under very bad Princes which will abundantly recompence some particular sufferings whereas if wee should goe about to right our selves when power is abused to say nothing that it would alwayes be pretended to be so by ambitious men who have this advantage that the common people have but weake judgments in State matters and yet appeales are especially directed to them and since our miseries have growne upon us the contrivance of our calamity was very visible the fatall arts which ruined this Kingdome were to make the meaner sort of men Judges of Policy and women generally the Judges of Religion and they are easily perswaded to reckon misfortunes amongst crimes and to confound ill intentions with ill successe If I say wee should take upon us to governe our Governours because they rule not for our advantage wee should pull upon our heads much greater mischiefes Experience shewes that Kingdomes suffer infinitely more by Civill Warre then by the most Tyrannicall Princes If wee call to mind the most vicious King that ever reigned in England wee shall find though he did injure some particulars indulging to some inordinate affections against the tenor of Law yet justice was favoured in the generall and the greatest part of the Kingdome reaped the fruits of order Whereas illegall endeavours to force him to amendment introduce a cessation of all law and justice and the Subjects will be plundered more in one night then the greatest monopolyes and most unjustifiable taxes of many yeares robb'd them of The Apostles sense is expressed fully by Tacitus Ferenda Regum ingenia néque usui esse crebras mutationes The reason why it is better for a people though oppressed to submit with patience even to a Tyrant is this if he be put to recover his owne by conquest and prevaile he may be tempred as highly provoked to rule them with a rod of iron and to provide for future safety by utter disabling them to hurt him but if they get the better their victory doth but confirme our calamity wee cannot see any probable end of our unhappy distractions Because forraigne Princes will certainely afford supplies for recovering his just rights for it might suddainly be their owne case and they are bound to it in State interest that they send not aid sooner is because it is for their advantage to have a neighbour Kingdome weakned but not the Prince ruin'd and it is very unlikely he should ever want a very considerable party at home many out of conscience more out of discontent and envy towards their fellow Subjects prosperous treason endeavouring to restore their injur'd Soveraigne to his undoubted Rights and Prerogative So that England would be the unhappy scene where the tragedies of Germany would be reacted But grant a totall extirpation and that they shall be able to go through with their wicked designe and not only branch but even root Monarchy also for this is aimed at by some who feare it may sprout againe if the stock be left have wee yet at last any hopes of peace when wee are so undone by warre that wee have nothing left to loose but our lives truely no then like theeves when once secure of their booty we should have thousand differences in dividing the prey all of them challenging preferments great as their sinnes and setting such a price upon their wickednesse as the estates of all honest men will not be able to pay it is not possible what they have gotten can be pleasant to them when they consider much more might be enjoyed and sadly recollect the inequality of the recompence to the adventure for their lives were exposed to the danger of the law their reputation is lost with all good men and their soules are eternally ruin'd They would fall out amongst themselves who was the greatest Traytor and never yeild precedency in mischiefes because that is the measure of Sharing Some would plead they contrived others they acted the Treason and thinke a subtile braine should have no priviledge above a couragious heart it being more easie to fright the people by inventing false dangers then to lead them on and make them stand the brunt of true It is beyond my skill to proportion the wages of sin determine whether the slye and cunning setter or the stout thief can claim greatest share in the spoyle But commonly the speculatively malicious men are miserably deceived of their expected requitall For though they set the mischiefes on foot yet their journey-men quickly apprehending the mystery are easily tempted to set up for themselves It hath beene often seene that to end such quarrells he that was head of the conspiracy in reference to the active part of it and who had force enough to oppresse a Tyrant would use the same to establish himselfe their Lord and Master and his government was so much the more rigid severe and miserable because he was frighted with his owne example upon his predecessor This I conceive to be the Apostles sense that wee must submit even to bad Governours such they were when he wrote this Epistle not only out of honesty but prudence also because if wee goe about to make them better wee shall put the Kingdome and consequently our selves in farre worse condition After this explanation I will reduce their Argument into forme that I may thereby give more distinct satisfaction Non resistance is forbidden only to the powers ordained of God But powers used tyrannically are not ordained of God therefore wee are not forbidden to resist them The assumption is absolutely false For though tyranny be not the ordinance of God yet the power which is commanded to rule justly but withall inabled to