of them that do well (i) 1 Pet. 2. 13 14. 3. And Jude faults them that despise Government and speak evill of them that are in authority (k) Jude 8. to whom also the Apostle Peter doth agree (l) 2 Pet. 2. 10. And because there is so much grumbling and heart-burning at this time by reason of the overtures in Civill government I shall take occasion to speak of that subjection which is due to those that are now in place of eminency and the Visible power at present both to promote vertue and to punish vice We were not long since and for a long time before under Monarchicall Government under the Power of famous Princes But now we are altered into another form This the Lords doing He foundeth and confoundeth Kingdomes By him Kings reign (m) Prov. 8. 15. and by him they come to ruine If ye do wickedly ye shall perish both ye and your King (n) 1 Sam. 12. 25. The Lord it is that putteth down one and setteth up another (o) Psal 75. 7. And it is said in Daniel that the most High ruleth in the Kingdom of men and giveth it to whomsoever he will and setteth over it the basest of men (p) Dan. 4. 17. And what is of Gods doing man may admire it is in vain for him to resist For as Gamaliel said to the Councell concerning the Apostles so say I in behalf of the Power Refrain from these men and let them alone for if this councell or work be of men it will come to nought but if it be of God ye cannot overthrow it lest happily ye be found to fight even against God (q) Acts 5. 38. Come and see faith the Psalmist the works of the Lord hee is terrible in his doings toward the children of men (r) Psal 66. 5. Hee doth cut off the spirit of Princes hee is terrible to the Kings of the earth (s) Psal 76. 12. Come I say see and admire Few men look higher then on secondary causes They complain of this thing or that of this man or that if it were not for this or that things would have been otherwise But a wise man looketh up to God as the authour of all alterations The chief men of Israel rejected Christ to reign over them of whom Peter saith to whom coming as to a living stone disallowed indeed of men but chosen of God and precious (t) 1 Pet. 2. 4. And David spake of him Prophetically The stone which the Builders rejected is become the head stone of the corner This is the Lords doing saith he and it is marvellous in our eyes (u) Psal 118. 22. which text of David is alledged by Christ (w) Mat. 21. 42. and by Peter (x) Acts 4. 11. 1 Pet. 2. 7. and hence I conclude That the Lord hath an hand in all Alterations Civill and Ecclesiasticall Politicall and Oeconomicall Personall and Publike And if a sparrow lighteth not upon the ground but God hath a finger a Providentiall finger in it (y) Mat. 10. 29 Then in all alterations and altercations Providence must be prevalent 1. The Lord gave the Israelites a King at their foolish importunity (z) 1 Sam. 8. 5. in which regard the Lord saith he gave them a King in his anger (a) Hos 13. 11. 2. And the Lord taketh away a King in his displeasure Josiah was a good King He did that which was right in the eyes of the Lord and walked in the ways of David his father and turned not aside to the right hand nor to the left (b) 2 Kin. 22. 2. like him there was no King before him that turned to the Lord with all his heart and with all his soul and with all his might according to the Law of Moses neither after him arose there any like him (c) 2 King 23. 25. Yet he was taken away in the flower of his age in Gods anger to Judah (d) 2 King 23. 26. And Jeremiah and all Judah lamented the loss of him (e) 2 Chr. 35. 25. We had a King but our sins have taken him away and the Government from his The State is now the visible power they have taken the Government upon them They make Laws they order the Coinage they do all things and we must be subject God hath set them up and there is no strugling against the dispensations of his over-ruling Providence lest like a fish in the net or a beast in the mire we bring our selves into a worse condition For my text saith There is no power but of God Therefore 1. How ever the Power had advanced it self 2. Or however it shall manage matters Yet wee must be subject either doing things that shall bee commanded if lawfull or submitting to censure or to punishment yea though the cause deserve it not Q. But will some man say Is the State incontrollable may there be no resistance in case of Tyranny or oppression It is a rule that from whom Kings have their Precedency by the same they may be resisted and as case may require deposed but this must be by the whole State not by any private or particular power So the Parliament being the Kingdomes Trustees for the Kingdomes good may not the Kingdome rise against them if they falsifie the trust reposed in them A. The case seemeth to be alike But it is a captious question therefore I shall not determine it Yet this I say there is some difference for the Parliament are the Kingdome Representative and what they doe the Kingdome doth it And can the Kingdome have two Representatives at once or by what authority shall they make a new Election while the former are in being This passeth my understanding But to proceed 1. Kings are not simply necessary unto Government though a King may be an ornament a beauty a benefit and a blessing The Israelites had no King for a long time yet were well governed 2. There may be Governours that may exercise Kingly authority and not have the title which made Peter require subjection unto Governors as well as to Kings (f) 1 Pet. 2. 13 14. We had a King but now we have none in Esse nay not so much as in Posse so far as we can see with the eye of worldly possibility I say nothing of the Right I leave that to Statists who are versed in the fundamentall laws of this Nation But to the visible face of things as they now stand God hath transferred the Government and we must wait upon God making no disturbance Let him alone with his work and let us mind our own which is Subjection These things I have spoken by way of preface not for any evill will that I have to Kingly Government but to presse subjection to the Powers My intents are known to God only to whom I must be accomptable Q. But what say you to the posterity of the late King as relating to the
may be protected and the refractory restrained and the evill punished And above all to have a speciall care of Religion 1. To advance the true 2. And to suppresse all forms of false worship In which regard Princes are and ought to be Nursing fathers (c) Esa 49. 23. 2. So on the other side Subjection implyeth three things 1. The first is Honour Their persons are to be honoured Saul required it of Samuel Honour me saith he now before the people (d) 1 Sam. 15 Nathan bowed himself before David (e) 1 King 1. 23. Honor thy Father and thy Mother saith God (f) Exo. 20. 12. Under which terms of Father and Mother all sorts of Superiours are comprehended As Fathers of Countries of families and fathers in Christ The Apostle saith Honour all men (g) 1 Pet. 2. 17. Superiours Equalls and Inferiors are to be honoured but every one as his place requireth Superiours must be reverenced Inferiors supported Equalls regarded 2. The second is Obedience Obedience I say to their Laws and Commands Either to doe them if lawfull and possible Or to submit to punishment for not doing them if impossible or unlawfull For what is commanded by full authority of the Power obedience is to be shewed either active obedience to do the same or passive making no resistance And yet in this passive obedience there must be retained 1. Both fidelity to the Power no acting no complotting For this we have Davids Example He would not avenge himself upon Saul when he had him at advantage (h) 1 Sam. 26. 8. c. And Jeremiah perswaded the Jewes to seek the peace of the King and Kingdome where they were held in captivity (i) Jer. 29. 7. 2. And Piety to pray for oppressing and tyrannicall Rulers As Daniel did who prayed for the life of Darius (k) Dan. 6. 21. Q. But here it will be said If Active or Passive obedience is to bee yeelded to all the commands of Superiors how came it to passe that against the late King and against his commands there was made open resistance R. I answer you must remember what I said even now when I spake of the commands of the full authority of the Power For though the late King was a Monarch yet his Kingdome was not an absolute but a mixed Monarchy which is of all Monarchies the best For an absolute Monarchy doth easily degenerate into a Tyranny but so cannot a mixed Monarchy because the People in their Trustees have some reall and appendent power And that this was a mixed Monarchy it appeareth in this that though the late King and his Predecessors were to keep and defend the Laws yet they were not the sole Makers of the Laws They could neither make new Laws nor repeal the old of themselves that is by their absolute and sole authority The People by their Representatives in Parliament had a power with the Kings They to contrive and frame such Laws as were for the benefit of the Subject the Kings to ratifie and confirm those Laws for the good of his people To the King and Parliament this belonged as is evident in all former Parliaments by the disanulling of Patents and the punishing Monopolists which have been burthensome and prejudiciall to the Common-wealth And if all power in these things had been in the King then had he been absolute of himself and by consequent there ought to have been no resistance but passive obedience or a submission to punishment where active obedience could not with a safe conscience be yeelded For this we have the case of the three Children Nebuchaddezzar's command was unlawfull yet they made no resistance but submitted themselves to the censure and sentence of the King (l) Dan. 3. 16 Now Nebuchadnezzar was an absolute Monarch he had indeed Counsellours but none to correct or contradict his extravagances But so it was not with the late Kings of England for Patents and Monopolies have been disanulled and Patentees Monopolists and Projectors have been censured by former and later Parliaments And therefore the full authority of the Power was not in the King alone but in King and Parliament conjunctim Object But it will be said that the King was above Law for hee could pardon trespasses against Law Reply I answer that all that can be said is that the Kings of England had a dispensing power by vertue of Prerogative 1. Yet not simply of the Law it self 2. But in regard of the execution of the right of the Law They could extend Royall favour if they pleased yet the vertue of the Law was no whit abated thereby Put the case Two persons under the same doome of Law for one and the same offence the one suffereth for the same the other hath his pardon There is power enough in the Law for execution with which the King for some causes doth dispense And properly to be above Law is to have absolute and independent power 1. To make Lawes 2. To alter Lawes 3. And to take them away at pleasure which was not in the sole power of any of the Kings of England If otherwise Parliaments were Nul and needlesse of no use of no necessity of no benefit 3. The third duty implied in Subjection is Maintenance by Tribute Poll money (m) Matth. 17. 24. and by other lawfull taxes and Impositions Give to every one his due Tribute to whom Tribute c. (n) Rom. 13. 7. Christ paid tribute (o) Mat. 17. â—0 And exhorted to give unto Caesar the things that are Caesars (p) Mat. 22. 17. And maintenance is due to the Magistrate by a fourfold right 1. First as a sign and testimony of subjection 2. Secondly as a reward for his pains 3. Thirdly for the honour of his Person and Court 4. Fourthly for the safety of State or Common wealth And so much for the duty be subject 2. Now secondly the strict injunction of the duty the Emphasis is in the word Let. Let be subject which enjoineth the strict performance of the thing Let all things be done decently and in order saith Paul (q) 1 Cor. 14. 40. Let the Elders that rule well be counted worthy of double honour (r) 1 Tim 5. Let your women keep silence in the Churches (Å¿) 1 Cor. 14. 34. Let every one of you in particular so love his wife even as himself (t) Ephe. 5. 33 So here Let every Soul be subject That is Let every one submit or yeeld himself to authority And this implieth a threefold necessity 1. The first is Duty to which we are obliged 2. The second is Benefit that will redound to us by doing our duty 3. The third is Danger which will follow upon denying to doe our duty 3. Now thirdly to whom subjection must be yeelded To the Powers To the Higher Powers 1. All Powers even the inferior and subordinate must bee submitted to 2. Much more the Superior Powers to which the other
are in subordination And it is to be understood of the Civill the secular Powers in this text because the Apostle speaketh in this chapter of Tribute and custome which is due to such onely And be the Powers what they will good or bad by what right or wrong they obtain the place of Superiority how ever they demean themselves in the use or abuse of their Power rule they rightly or rigidly yet being in the place of Civill Superiority subjection must be yeelded to them The Apostles biddeth servants to be obedient to their Masters with fear and trembling with good will doing service as to the Lord and not unto men (v) Ephe. 6. 5. Colos 3. 22. And Peter saith Servants be subject to your Masters not only to the good gentle but also to the froward (w) 1 Pet. 2. 18. And the Roman Emperours by force and might rather then by right Lorded it at the time when Paul pressed subjection to the Powers Wheresoever then or in whomsoever the visible Power is at present to it we must be subject And we see where the visible Power now is God hath trans-ferred the Government as I said before for without him nothing can come to pass It is Gods disposing for his own ends in mercy or in judgement how ever we must be subject Quest Onely here a question may be made that is how far evill and Tyrannicall Powers have their power from God Whether by sufferance and permission onely Reply I answer that though this doth not concern the present State For we do not look upon the Power now in the hands of the Parliament as usurped and Tyrannicall For they have 1. Proceeded against the late King 2. Deposed his Posterity 3. Taken the Government to themselves to the use and benefit of those that have betrusted them And all this is by the fundamentall Laws of the Kingdom as they have solemnly declared I must beleeve it for I cannot contradict yet that evill Magistrates have their power not onely from permission but by Divine Disposition appeareth 1. Not onely from this text the Powers that be are ordained by God And yet those Powers were usurped and Tyrannicall 2. But from other texts of Scriptures As it is said in Iob When he hideth his face who can behold him whether it bee done against a Nation or against a man (x) Iob 34. 30. David saith It is God that putteth down one and setteth up another (y) Psal 75. 7. And it is said in Daniel that the most High ruleth in the Kingdome of men and giveth it to whomsoever he will and setteth over it the basest of men (z) Dun. 4. 17. And if he set up it is not in man to pull down The Lord by the Prophet saith I gave them a King in mine anger (a) Hos 13. 11. It is likewise said that the Lord raised up or advanced the Assyrians b and the Babylonians c Therefore evill Governours are not set up without Gods Ordinance and disposition for the punishment of some And in that Daniel prayed for Nebuchadnezzar wishing that the calamities signified in his dreams might betide to his enemies and that he himself might escape them (d) Dan 4 19. It sheweth that people are to pray for the welfare and prosperity of their wicked Governours For a bad Government is better then none at all And a Tyranny is better then an Anarchy Ieremy bid the Jewes seek the peace of the City whither the Lord had caused them to be carried away captives and to pray unto the Lord for it for in the peace thereof they should have peace (e) Jer. 29. 7. Paul exhorts that prayers and supplications be made for all men for Kings and those that exercise Kingly authority when they were Tyrants and persecutors of Gods people (f) 1 Tim. 2. 1. the like doth Peter Submit your selves saith he to every Ordinance of man for the Lords fake (g) 1 Pe. 2. 13 14. And now to reflect upon the present Government in the hands of the Parliament and those that are in subordination to them What is the Parliament but the Commons representative 1. Legally summoned 2. Legally chosen 3. Legally admitted 4. Legally constituted 5. Legally continued 6. Legally proceeding in whatsoever they have done 7. And still they propound the Legality of what they intend to doe And all by the fundamentall Laws and constitutions of this Nation What would men have more 1. They have taken the Government into their hands for the good and freedome of them that have betrusted them 2. They by their Declarations promise to manage all for the Publike good 3. They constantly affirm that they have no wayes falsified nor betrayed the trust reposed in them 4. And though they take up Armes yet not against the King directly but against his and the Kingdomes enemies 5. Again the Kings power Politick was tyed to the Parliament by the Act of Continuation Hee took up Armes first they onely in defence of themselves and of his Power which he had secured to them by the foresaid Act. He fought against himself they for him Besides all Declarations and the Covenant it self were for the preservation of his Majesties person Power and Estate The sequels I leave to bee answered by them that know and promise to defend the Fundamentall Laws of the Kingdome Hoping they can give a fair account of all proceedings with his late Majesty and his surviving Posterity 6. However they are in possession of the Power and it is not my part to enquire how nor to dispute the equity thereof The Power is in them and I for my part will be subject Object Some say this is not a Parliament or not the Parliament of the people for they are but a few of those that were chosen which now sit Answ For my part I neither know what number is requisite to make a Parliament nor what number do fit This we all know that those now fit doe act as the Power 1. They make no Laws 2. They order the coynage 3. They impose taxes and customes And we see no visible Power Superiour to them So long therefore as the Power is in them we must be subject to them as to the Superiour Power Thus much of the former part of my Text with the particulars in it 2. Now secondly the reasons enforcing the duty which as I said are two 1. The first is the advancement of the Power whence it is There is no power but of God saith my text Chance and Fortune hath no place nor power in this thing as is shewed before both from that passage in David (h) Psal 75. 7. and from that in Daniel (i) Dan. 4. 17 Object It will be here objected that the Lord said they had set up Kings but not by him they had made Princes and hee knew it not (k) Hos 8. 4. If hee had no knowledge of nor hand in those advancements then
like is said of Jeroboam Hee gat the Kingdome of Israel by a faction (d) 1 King 12. 19. yet the Lord saith he exalted him and made him prince over the people Israel (e) 1 Kin. 14. 7. And Zimri conspired against Ela the son of Baasha and reigned in his stead (f) 1 King 16. 10. of whom it is said that he destroyed al the house of Baasha according to the word of the Lord (g) 1 King 16. Ob. Some may happily say that I am no friend to Kingly Government R. I am a friend and will be a friend to Government to what Government so ever the Lord is and shall bee pleased to set up 1. If he set up Kingly Government again as I have been so I shall be subject to it 2. And now that he hath set up another Government I dare not make resistance The visible power for the present is that which I shall eie with reverence and respect 1. If good then have I cause to joy with the people of God 2. If bad I must reflect upon the cause which is sin However therefore Paul in my text biddeth me be subject And what I have now spoken as in mine owne person I doe entreat all Subjects to apply it to themselves because my text saith Let every Soule be subject to the Higher Powers I had thought here to have made an end but I am necessitated to enlarge my selfe to free my self from imputations which might be cast upon mee for some things which I delivered in the beginning of our unhappy Distractions viz. Concerning the Hostility the Arms which were taken up by the Parliament for the security of the State And then I said and so I say still That Armes were first taken up by the counsell and advice of an adverse disaffected party 1. To deprive the Kingdome of its undoubted rights 2. To invade Religion 3. And to suppresse all Parliamentary power for the time to come Notwithstanding the many humble addresses and large proffers of both Houses then sitting of augmentation of Honour and Revenew And therefore Armes were reassumed by the best affected for the Kingdomes safety and to defend what the Law of Natures and the Laws of this Nation had made our owne And what He by whom Kings reign had given unto us To clear this we must remember that Arms were first taken up by the instigation of a discontented party 1. To force conditions upon the Parliament and thereby to bring the Kingdome into a miserable slavery under Prerogatives lawlesse and unlimitted power 2. And to protect and keep notorious incendiaries from the hand of Justice And consider withall 1. Both what Proclamations were procured to render the Parliament and Parliamentary proceedings odious to the people 2. And what attempts were made to Quash Quell Suppresse the present Parliament notwithstanding its establishment by a Law to which his Majesty then was a party and thereby to deprive the Kingdom of all hope of benefit by Parliaments for the time to come Let all indifferent men judge if the Parliament had not cause to stand up in the Kingdomes and its own defence And if the Kingdome was not concerned as the case then stood to stand up with and for the Parliament the Kingdomes Trustees and to Covenant with them in the presence of the King of Kings 1. The Laws were violated 2. The State distracted and distempered by factious Spirits 3. Religion the joy of our lives the very life of our souls was in danger 4. The Subjects Priviledges and Proprieties were invaded 5. Notorious Delinquents stood up and were protected from Law against all Law 1. The Cause was common 2. The Faction great 3. Their violence insufferable 4. And every ones Interest was concerned in it By which means the Kingdom lay bleeding and weltering in its bloud Consider these things and judge righteously For Armes were not taken up against the King directly but against his and the Kingdomes enemies Against those that had set the Nations in Combustion Ob. But that was the Kings party And was it the part of Subjects to take up Arms against him in his party R. The Kings party was two wayes to be considered 1. Either as his person was engaged by meere sur prizall onely 2. Or as he might engage himselfe by voluntary consent whereby hee may bee said to bee surprised in his judgement also 1. For the first the case is clear that Armes might bee taken up to disingage his person howsoever or by whomsoever it might be in danger of surprizing or if it had been actually surprized To this purpose we have the example of Abishai his reskuing Davids person from Ishbi-Benob when slaughter or surprizall was justly to be feared (h) 2 Sam. 21. 16. and Abrahams example in reskuing of Lot is (i) Gen. 14. 16. not altogether impertinent And if none can be be excused if he help not the innocent when hee is in danger as Solomon saith If thou forbear to deliver them that are drawn to death and those that are ready to be slaine c. (k) Pro. 24. 11. Then much lesse can Subjects bee excused if they see their King in apparent danger and withdraw from him 2. For the second grant it was so yet where his voluntary consent was not regulated in the judgement of the Grand Councell of the Kingdome which ought to be Iudge next under God and his word of all State Queries and in this case Armes might bee taken up by the advice and Authority of that Grand Councell rather then the whole should wrack and come to ruine And this maketh the case clear that Armes were not taken up 1. Against the person of the late King 2. Nor against his Politick power 3. Nor against a Legall party But against a discontented a perfidious party to their country that had Captivated his Majesties person or his judgment or both by force or flattery for their own pernicious ends Thus was King Charles abused and made resolute to the ruine of himselfe and of his Posterity Besides the King in one of his Messages to the Parliament or in one of his Declarations confessed that the Parliament had power sufficient to take up Armes 1. In their just defence 2. For the Kingdomes safety 3. And to bring Delinquents unto Justice Which is an unanswerable argument to prove the Legality of the Defensive Warre it being concluded directly from his grants Obj. Some say that hee was driven from the Parliament R. I demand Who drove him Not the Parliament for they used no force nor any thing that might terrifie and affright him If it were clamours of discontented people I dare say if he would been pleased to stay they would have provided for his safety before their own The truth is he was drawn away by the adverse party for Destructive ends But let me demand Did not many petitions follow him from place to place To Newmarket and almost if not altogether to York
must be the sense Namely Swear to obey Magistrates yet so as ye infringe not your allegiance unto God And this seemeth to be the more probable because where obedience is commanded in larger terms to Parents and to Masters as Children obey your Parents in all things (k) Col. 3. 20. Servants be obedient in all things (l) Col. 3. 22. It is elsewhere limited to all lawfull things Children obey your Parents in the Lord (m) Eph. 6. 1. and so of Servants (n) Eph. 6. 5. And so by consequent are Magistrates to be obeyed viz. in all lawfull and just things For there is the same reason of both as appeareth by the tenour of the fift Commandement Honor thy Father and thy Mother (o) Exo. 20. 12. Where under the terms of Father and Mother all sorts of Superiours Politicall Oeconomicall Civill and Ecclesiasticall Superiour and Inferiour are comprehended And this is a truth undeniable that 1. To God universall obedience and without any limitation is required 2. But to men obedience hath its limitations And upon this ground the Three Children refused to worship the image which Nebuchadnezzar had set up (p) Dan. 3. 16. And Peter with the rest of the Apostles told the Councell that we ought to obey God rather then men (q) Acts 5. 29. And Peter and John appealing to the Councell said whether it bee right in the sight of God to hearken to you rather then to God judge yee (r) Acts 4. 19. But wee may answer yet otherwise Namely That King Charles his power was virtually in and with the Parliament though he was not there in person And so he in his Politique power was in the raising the Armies against the Adverse party For 1. Though his person was absent and estranged from his Parliament 2. Yet King and Parliament being a body Politick could not be severed God and the Law had conjoined them and those whom God had so firmly conjoined no man could justly put asunder Wherefore wheresoever the King was in person where could we seek his power Politick but in that place and with those persons to which himself by royal obsignation of that Law had confined it For confirmation whereof three things are to be taken into serious consideration 1. First the Legall Call of this Parliament which was common to this with all precedent Parliaments it was summoned by writ from the King and that summons was necessitated by want of counsell and support which otherwise could not be had but in a Parliamentary way And herein we are to admire and reverence the Providence of God to send a free Parliament beyond all hope expectation For had we faln to blows with the Scotish Nation in either of those Expeditions which were made against them one or both Kingdomes had in all probability gone to ruine As Jacob therefore said of Simeon and Levi Cursed be their anger for it was fierce and their wrath for it was cruell s So say I of those that were the Counsellers and contrivers of that destroying project Cursed was their counsell for it was full of cruelty Yet God who only can bring good out of evill turned this to both Kingdomes good For by that means the King was necessitated to call a Parliament 1. To the joy and admiration of the Best affected 2. To the terrour and astonishment of the Adverse party Some whereof being conscious of their guilt not willing to abide the tryall betook themselves to flight The Parliament therefore was lawfully called this none can deny Let those therefore that have called this a forced not a free Parliament either answer this or for ever hereafter hold their peace for shame 2. Again the solemn confirmation of the Parliament by Act of continuation In which this present differeth from all precedent Parliaments that ever I could hear or read of I say the continuation of it 1. In its full authority 2. And with all its rights and Priviledges Did not the King by that Act tie his presence at least the presence of his Politick power and Soveraign authority as Head and Chief in Parliament to the place or with the persons to which he had confined and confirmed it Let all the world judg If otherwise I would fain know 1. Of what force that Act was 2. Or what benefit could accrue to the Kingdome thereby Let us put a case or two 1. If any man should purchase Estate Right or Priviledge of any other and have the same made over to him by written and by sealed evidence and have a lawfull seisure thereof the purchaser hath an Indefeisable an unavoidable title thereto and great reason to hold and enjoy what hath been so made over to him upon valuable considerations 2. Or if a father for this similitude fitteth the case best shall freely give an estate to his son or sons for his or their preferment specially in the way of Marriage though the father take no consideration in lieu thereof such gift is good in Law and doth debarre the father from all Re-entry But if in lieu and recompence hee take the Dowry or any part thereof or any other collaterall satisfaction that estate being therewith purchased no Law can ever reverse or make the fathers act of none effect Here is the case for if our father the late King had freely given that act of Continuation for the bettering of our condition it had been sufficient for the duration of it But passing it over by way of purchase for vast sums by Subsidies Pole-monies and the rest this makes the case strong and the Kingdoms armies which were advanced by the authority of the High Court were to maintain that act to defend that title And if a father after such act done shall wage Law to disseise and dispossesse his son or sons shall it not be lawfull for him or them to defend the said title by the same Law or is it any injustice in such son or sons Certainly it is no disobedience Our father the late King did estate the Kingdom as hath been shewed and after did commence sute by taking up of armes and might not the Subjects then defend their purchased title by the same Law of Arms and as it were in the same Court of Judicature 3. Lastly Consider the late Kings Grant his free acknowledgment that the present Parliament at Westminster was the Parliament of England Mark the emphasie 1. Not only a Parliament 2. Not only a Parliament in England 3. But in full expressions The Parliament of England that is 1. The Legally called 2. The Solemnly confirmed 3. The Legally continued 4. The one and only Parliament of England And here 1. No fallacious Equivocation 2. No mentall Reservation 3. No forged Cavillation 4. No forced Construction must have any place But all words in commerce and contracts must be understood according to the Grammaticall construction common use and received sense or all parties contracts grants and promises would
all Powers are not ordained by him Answ That was spoken of Ieroboam and those that followed him in the Kingdome of Israel They obtained not the Kingdom by vertue of the promise made to David but either by defection of the people or by usurpation they intruded themselves Therefore for that cause the Lord spake as he did Yet God did know it and had a hand in it as a judgement upon Rohoboam for his folly that the people did set up Ieroboam For the Lord owneth the thing This thing is done by mee saith the Lord (l) 1 King 12. 24. 2 Chron. 11.4 The Lord doth many times punish one sin with another and yet God may be said not to will the thing It is said of Elies sons that they harkened not unto the voice of their father because the Lord would slay them (m) 1 Sam. 2. 25. that is the Lord had given them up to a wilfull and disobedient heart for their wretchednesse that they might perish So in the Israelites setting up of Ieroboam God had a Judiciall hand as a punishment to them not an effecting hand and as a thing pleasing to himself Yet further to clear this matter wee must know that in Government these two things are to be distinguished 1. First the office it self with the institution of it this is of God Gods will is that there should be Authority in some or other that justice may be duely and truly administred That is that the good may be protected the refractory may be restrained and punished according to desert This the Apostle sheweth in the third and fourth verses of this Chapter Where he sheweth the ends of Government in these words Rulers are not a terrour to good workes but to the evill 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 But if thou doest that which is evill be afraid for he beareth not the sword in vain for he is the Minister of God a revenger to execute wrath upon him that doth evill (n) Rom. 13. 3 â— 2. Secondly the abuse of the Authority In which regard it may be said that the Power is not of God when the right ends for which it was ordained is not observed Therefore if ye marke the text in Hosea ye shall see it is said They have set up Kings but not by mee id est not by vertue of my promise and they have made Princes and I knew it not id est I approved not For though the Lord liketh Power yet he disliketh the abuse thereof Object If there be no power but of God then it seemeth that the power whereby we sin against God is of God Answ To answer this we must distinguish 1. The power of acting 2. From the exercise of that power In regard of activity so all that ability whereby wee are able to doe good and evill is of God In whom we live move and have our being But the exercise of that activity to diverse o Act. 17. 28. things as to good and bad is from contrary principles The one is from the grace of God the Creator The other is from the pravity of the creature Object Again it will bee said If wee must be subject to the Higher Powers then by consequent wee must bee subject to the Devill For he saith Christ is the Prince of the world (p) Ioh. 14. 30. And Paul calleth him the God of the world (q) 2 Cor. 4. 4. And the Prince of darknesse (r) Ephes 6. 12. And the Prince that ruleth in the air (s) Ephes 2. 2. Answ For answer hereunto 1. First we must distinguish of the word World For by World is sometimes meant the faithfull that are in the world over whom the Devill hath no ruling power Sometimes the wicked of the world these are they that are under the power of the Devill The whole world lieth in wickednesse saith Iohn (t) 1 Ioh. 5. 19. 2. Again the Devill is a God but in repute and a Prince but by usurpation God is the King of all the Earth (u) Psal 47. 7. The Devill hath no lawfull authority to rule or raign onely he incroacheth and usurpeth in Gods jurisdiction This for the first reason 2. The second reason is from the danger of resistance which reflecteth 1. First upon God whose Ordinance is resisted Hee that resisteth the power resisteth the Ordinance of God the powers being ordained of God Now Ordinances signifie Decrees and Appointments There are wicked Ordinances of men of which the Prophet speaketh (w) Esa 10. 1. But this is the Ordinance of God for the good of his people God in the beginning gave man a threefold power 1. First over himself to rule all his actions by the power of his Free will This is lost in Adam In whom wee all died (x) 1 Cor. 15. 22. 2. Secondly over the Creatures Have thou dominion saith God over the Fish of the Sea and over the Fowl of the Air and over every living thing (y) Gen. 1. 18. This is much impaired and almost utterly lost For as man disobeyed his Creator so many of the creatures have cast off the yoke of their subjection unto man 3. Thirdly one man over another and this is twofold 1. First Oeconomicall in the family 2. Secondly Politicall in the Commonwealth Both these remain Man hath them still though many men doe miserably abuse them God then hath instituted and ordained Government it is his Ordinance and man must submit and at no hand resist Now the Power is resisted two wayes 1. First by force in rising up and practising against Authority 2. Secondly by fraud as when the Magistrate is either by ill suggestions misinformed and incensed or when his just dues are detained Now mark the generality Whosoever by any ways resisteth the Power which is of God resisteth God himself And whoso resisteth God medleth with more then his match and he is sure to goe by the worst For who ever rebelled against God and prospered (z) Iob 9. 4. Whosoever saith my text No qualification of the person can qualifie the sinne of the person For the Commands of God doe concern all And the Soul that sinneth shall suffer for it (a) Ezek. 18. 4. Greatnesse is no priviledge Meannesse no excuse neither can bear out For indignation and woe to every soul of man that doth evill (b) Rom. 2. 8. 2. Again it reflecteth on man to this prejudice They that resist shall receive to themselves damnation saith the Apostle in my text 1. It is not said damage 2. But damnation which implieth punishment both in this life and in the next And that 1. Both by the hand of men for the Magistrate may punish his with some severe punishment as Imprisonment Confiscation and with death it self 2. And God will punish him both here and hereafter
large sense and metaphorically 3. Thirdly none did stretch forth his hand against the King directly but the forces were raised at the first to dis-ingage him from the disaffected party whose project was to ruine all for their own ends and to reduce the King to his bounden duty 4. Lastly violence may be resisted by force when there is no other way left And though every particular person may not manage that businesse of Resistance by his own authority yet by the authority of the State it may be done For not only usurping Tyrants but wicked Rulers that is such Rulers as 1. Oppose the State 2. And oppresse their Subjects by Illegalities may be resisted and removed too by the whole State For from whom Kings doe receive their dignity 1. Whether by Election and composition with the people 2. Or by Succession by the same they may be compelled to return unto their duty and to keep within their bounds And this holdeth 1. Not only in such Kingdomes as are meerly by Elections 2. But in those also which are by Succession and Inheritance specially if such Kings be bound by oath or Solemne promise at their Coronation to conditions as it seemeth it was in this Kingdome And Davids demeanour towards Saul doth justifie this State in their raising of Arms. For though David did not assault Saul yet he stood upon his defence yea though it was against Saul who was the Lords anointed (a) 1 Sam. 22. 2. Obj. But what say you to the oath of Allegiance What swear Allegiance to him and fight against him and kill him R. For killing him I say no more but what I have said before p. 29. 2. But for resistance besides what I have said before Read and consider the form of that oath of Allegiance and ye shall find in it nothing to the contrary but that the Hostility was lawfull notwithstanding that oath The oath hath in it four particulars 1. First that King Charls was lawfull and rightful King in all his Dominions Who ever denied that 2. Again that the Pope hath no power to depose him nor to dispose of any of his Dominions nor to discharge his Subjects of their Allegiance Who ever affirmed the Pope had any such power but Papists and yet they were admitted into his Armies to be the Assertors of his Prerogative 3. Thirdly notwithstanding any Declaration or sentence of Excommunication derived or pretended to bee derived from the Pope yet to bear true Allegiance to his Majesty Now in all that hath been done to his late Majesty it was by Parliamentary Power and not from any Power from the Pope neither directly nor indirectly 4. Lastly to defend the King his Person Crown and Dignity from all conspiracies and attempts And to disclose all Treasons and Treacherous conspiracies Now no man dare say that there was any Treason or Treacherous conspiracy in any of the proceedings against him And what was done to him was not done in a secret way of conspiring but in the Publique way of Justice Nor was it secretly carried on but made Publique and manifest by Declarations Consider the severall heads of that oath and you shall find that none of them were violated no not by the Hostility Because Armes were not taken up against the King directly but against Incendiaries evill instruments which were about him as hath been said By whom 1. The Kings person was captivated 2. His power abused 3. His Subjects tyrannized over 4. His Dominions put into a fearfull combustion 5. And the Kingdome by their means in the way to Desolation And in a word to free the Kings person from their Engagement that so his person and power politique which were so far distant in place might have been united again But there are three Texts in Solomons writings which were objected against the Hostility of the Defending party Arg. 1. Solomon saith I counsell thee to keep the Kings command and that in regard of the oath of God (b) Eccles 8. 2. A. I answer that that text of Solomon seemeth in sound of syllables to speak as much as can be spoken against the Hostility but if well examined it proveth nothing no such thing for which it is produced I find that Text two wayes expounded 1. Some by King in the Text understand God himself as if this were the sense I counsell thee to keep all Gods commandements for his solemn promise and Covenant sake And they that so expound it do referre it to that in Exodus (c) Exod. 24. 3. c. where Moses relating the words of God to the people they with one voice said All that the Lord hath spoken wee will doe Whereupon Moses built an Altar and caused Burnt-offerings to be offered and Peace-offerings to be sacrificed thereon and took of the blood and sprinkled it upon the people and said Behold the blood of the Covenant This was a solemn manner of protesting and is called The Oath of the Lord as all solemn oaths are called in the Scripture For confirmation whereof take notice what is said 1. Concerning a beast that was lent and it die or bee hurt and be taken away no man seeing it Then an oath of the Lord shall be between them that he hath not put his hand to his neighbours goods (d) Exod. 22. 10 11. 2. And concerning Shimei that went out of his City to which he was confined by oath Solomon saith to him Why hast thou broken the oath of the Lord (e) 1 Kin. 2. 42. 3. And that Covenant which was between God and the people for obedience spoken of in Exodus (f) Exod. 24. 3. It is called The Lords oath (g) Deu. 29. 12. And if this be the sense that text alledged out of Solomon proveth nothing it not speaking of an earthly but of the Heavenly King 2. Others and I think more properly by King do understand the Supream Magistrate by whatsoever title of dignity he be called And that clause In regard of the oath of God they take to be a limitation As if this were the sense or as if Solomon had said 1. Let Magistrates be obeyed 2. Yet so far and no further as will stand with faith a good conscence and with our allegeance unto God And the reason is good because there is no power but of God (h) Rom. 13. 1. and that power which the Magistrate hath from and is to exercise and execute under God must not be used to deprive God of his due nor to force obedience contrary to the will of God which obedience to himself the Lord requireth of all and hath sworn he will exact it of all I have sworn by my self the word is gone out of my mouth in righteousnesse and shall not return That every knee shall bow to mee and every tongue shall swear to me (i) Esay 45. 23. Here is the oath of the Lord and it must be shewed me out of Gods word what is contrary or this