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A63003 An explication of the Decalogue or Ten Commandments, with reference to the catechism of the Church of England to which are premised by way of introduction several general discourses concerning God's both natural and positive laws / by Gabriel Towerson ... Towerson, Gabriel, 1635?-1697.; Towerson, Gabriel, 1635?-1697. Introduction to the explication of the following commandments. 1676 (1676) Wing T1970; ESTC R21684 636,461 560

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subject to these as well as to the Higher Powers yet with this difference as you may see 1 Pet. 2.13 14. To the King as Supreme but unto Governours as them that are sent by him Making the Authority of inferiour Magistrates to result from the will of the Supreme and consequently not to be made use of against it Neither will it avail to say that the constitution of our Nation bears witness to the contrary as by which the Sentence of a Judge in matters of Estate shall be of force not only against any private Order of the Princes but even where his own property is concern'd For as on the one side that Constitution neither reacheth any farther than matter of Estate neither hath any farther power to pass it than the Posse comitatus will afford it which at the most extends no farther than the County where the Sentence is to be executed so the reason why a Decree of the Judge shall prevail against any private Order of the Kings is not because our Law allows the inferiour Magistrate to oppose the Supreme but because the Judge being commissionated by the King himself to judge between Him and his Subjects in matters of Estate what is so sentenc'd by him is rather to be presum'd to be the will of the Prince than any private Order against it As little of force is there as to what is pleaded for inferiour Magistrates resisting the exorbitant power of the Prince because commissionated by him to draw the Sword of Justice against Offenders For as St. Paul after he had affirm'd that God had put all things under our Saviour's feet yet ceased not to add as a limitation of that affirmation that it was manifest he is excepted which did put all things under him so we may that when the Prince commissionates the inferiour Magistrates to punish Offenders it is no less manifest that he is excepted who did so commissionate him it being not to be presum'd that he who by the Laws of God and Man is constituted as supreme will commissionate any person against himself As for that saying of Trajan the Emperor when he delivered a Dagger to the Praefectus Praetorio Vse this for me if I govern rightly but if ill against me it is but agreeable as Grotius * De Jure Belli ac Pacis l. 1. c. 4. Sect. 6. hath observ'd to that Princes other demeanour who made shew of behaving himself not so much as an Emperor but as the Servant of the Senate and the people In which case there is no doubt but it might have been lawful for the Praefect to oppose him if the Senate and people should upon the Emperors default have so commanded him Because so the Emperor should not be the Supreme but that Senate and people to whose judgment he professed to subject himself But as it doth not follow that the like may be done to Soveraign Princes whose Supremacy is a bar to all attempts of the inferiour Magistrate so if Soveraign Princes should give such a Power they should neither consult their own honour nor the welfare of that Kingdom which is committed to their trust He who gives another a power against himself if he govern ill not only making him the judge whether he govern so or no but giving him a power against the Commonwealth which depends on the well-being of him that administers it From that second plea pass we to a third which is taken from those Oaths which Kings do commonly make before they are solemnly crown'd of governing the people by the Laws the government as some think seeming thereby to arise from a compact between them and their Subjects upon the breach whereof on the Kings part it may be lawful for the Subject to depart from their Allegiance and resist him in the execution of his Power For answer to which not to tell you what intolerable mischiefs would ensue from such a Tenent as often as any seditious man should go about to perswade the people they were not so well govern'd as they ought I will alledge in behalf of our own Princes farther than which we shall not need to look that which will cut the throat of this objection to wit that our Kings are to as full purpose such before their Coronation as after Witness not only their peforming all the Acts of a King but that known Maxim in our Laws that the King of England never dies From whence as it will follow that the Kings of this Nation owe not their being such to any compact between them and their people that upon any supposed breach thereof it might be lawful for the Subject to resist them so also that the Oaths taken by them at their Coronation are not to procure them that Power which otherwise they could not have but for the encouraging the people to yeild the more ready obedience to them which they may very well do when they who are to govern plight their Faith and Reputation to govern them according to their own Laws There is but one Objection behind that is any thing considerable which alledgeth that there are many Kings in Title which are not so in Reality as being not Supreme in their several Dominions In which case nothing hinders they may be resisted because the command of every Soul 's being subject to the higher powers is by St. Paul himself limited to those that are Supreme that being the true notion of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But neither will this plea be of any avail if consider'd with relation to our own Princes beyond which we shall not be concern'd to enquire Because it is certain from the Laws and Customs of this Realm that they are both the Supreme and the only Supreme Witness not only the several Titles * See Lord Chief Baron Bridgman's Speech at the Tryal of the Kings Judges that are given them such as that beforementioned The Lieutenants of God immediate from God and the heads of the Commonwealth as to their Crown of being an Imperial Crown and immediately subject to God and to no other Power but also that Power wherewith they are Invested All Laws are made by them their Le Roy le Veult inscrib'd upon all Acts of Parliament evidently shewing it all Proceedings in Law run in their name To them it belongs to Treat of War and Peace By them Parliaments are at Pleasure call'd and dissolv'd again when they think good to do it In fine all jurisdiction flows from them and is bestow'd as they are pleased to appoint All which put together make it evident that the Kings of England are Supreme and therefore to be reckoned among those higher Powers to whom St. Paul hath commanded every Soul to be subject And indeed as so to be is the interest of the People whatsoever the Prince is it having been happily observ'd that how bloody soever Nero was yet there was not so much Blood spilt in his fourteen years Raign as there was