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A35697 Jus regiminis, being a justification of defensive arms in general and consequently, of our revolutions and transactions to be the just right of the kingdom. Denton, William, 1605-1691. 1689 (1689) Wing D1067; ESTC R2231 155,945 104

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of Christians True but not the only Weapons lawful resistance of unlawful Force is as true which Divines both Popish and Protestants Bellarmine Turrecremata Cajetan Dominicus Soto Franciscus Victorius Pareus Calvin Eccolompadius Beza Martyr Luther Lavator Zuinglius Bucer Padre Paolo eminent for his great Learning Judgment and Faithfulness in all his Writings Bishop Bilson famous for his incomparable works especially for maintaining Christian Subjection against Unchristian Rebellion Willet Dr. Sherrock Bishop Bedel and other Modern Writers innumerable who following one another confirm the same But yet the said Mr. Clifford in the same Sermon pag. 11 12. is pleased with great confidence to Pulpit it That those that hold such Opinions are but a few deluded Creatures in the Church of Rome and a handful of zealous Fools in the reformed Churches a very severe censure on so many great and learned Men. I much wonder at his daring confidence thus to censure and which is worst to imploy his Priesthood and his Pulpit to rail and to delude his Congregation and the World with Paralogisms and false glosses and misapplications of plain Texts of Scripture as he hath done contrary to the very duty of his Priesthood which is to feed us with Wisdom and Knowledge and not to prevaricate and juggle with plain Texts To instance only in that golden Sentence as he calls it of the Psalmist viz. touch not my anointed Psalm 105. 15. which very Text though more particularly spoken of the Seed of Abraham his Servant and of Jacob his chosen yet it is so clearly and undeniably applicable to God's People in general in whom is all his delight and not of Kings in particular that it cannot be denied nay it is a reproof even to Kings themselves viz. He suffered no man to do them wrong yea he reproved Kings for their sakes saying Touch not mine anointed and do my Prophets no harm verse 14 15. which also is reinforced Psalm 149. For the Lord taketh pleasure in his People and will put a two-edged Sword in their Hands to bind their Kings in Chains and their Nobles with Fetters of Iron to execute upon them the judgment written This honour have all his Saints What is this but to betray and smother and reproach Truth it self very ill becoming Priests of the most high God. He hath done as much by other Texts as Psalm 51. 4. 1 Sam. 8. Prov. 8. 15. And indeed most Texts he quotes he dissembles and puts false glosses upon them But let these pass I only wonder how Priests dare be so sawcy with the Word of God. Neither is it true as often objected That infinite scandals would arise and grow from such Doctrines on the Christian Religion but it is true that they would grow out of the contrary for so should Tyranny be brought into Commonwealths which as a publick fault is more pernitious Even as no more is it true that by this Doctrine there would grow confusions in Families Cities and Kingdoms because every one might defend himself from the Sergeants from the Comito in Gallies and from the Prince who would force them to pay Impositions and Taxes not granted by publick consent For indifferences between Princes and Subjects both cannot have right on their sides but of necessity that if they who use force do it lawfully the defence must be unlawful and where the force is unlawful the defence of necessity must be lawful and therefore vim vi repellere licet is always to be understood of that force which is unjusty used And these Doctrines are most especially to be understood of publick Kingdoms Commonwealths free States and Cities and to preach Patience unto such under Tyran●● and Oppression is a Medicine fitter for mad Dogs than for reasonable 〈◊〉 especially Christians for whose sakes God rebukes even Kings saying Touch not 〈◊〉 〈◊〉 and do my Prophets no harm Psalm 105. 15. To which sort of Remedy no Man ●bound nay rather oftentimes a Man should sin in using it as when the remedy were not only prejudicial to themselves but also to others Another Remedy often urged is Obedience be it so This is a Remedy but when unjust and prejudicial and not only to the Liberty which God hath given to the governed but also to their Lives Goods and Honours they are not bound to use it and by reason of prejudicing another they should sin if they should use it Obedience is a Divine Precept and is to be yielded to a just and holy command but when it is referred to unjust and tyrannical commands it is not good but natural defence doth then succeed in its room Submission to unjust commands is Obedience in name but indeed an extreme disobedience towards God and the governed Gregory II. Quest 7. yields the reason Admomendi sunt subditi ne plus quam expedit sint subjecti ne quum student plus quam necesse est hominibus subjici compellantur etiam vitia eorum venerari That Subjects must be admonished that they make not themselves more subject than is convenient lest they are inforced to flatter them in their Vices whose subjects they make themselves more than they should Besides one abuse of Power and Authority gives a greater scandal to the World and is a cause of greater mischiefs than many disobediences and the Prince as more eminent is much more bound by his greater Obligation to God to do his duty Kings that have a serious intent to live Christianly in good earnest will be careful to observe the Commandments of God and that they be preferred before his own These Doctrines of Resistance and Passive Obedience have of late been very bitterly controverted by our Spiritual Guides and Mr. Miles Barne tells us That it is the duty of private Men to submit their judgments in matters of Religion to the determinations of those whom God hath constituted to be their Spiritual Guides and Governors in his Sermon preached before his Majesty October 17. 1675. which undeniably is false Doctrine and makes us not their Disciples but their Slaves and we are never the nearer the Truth if we do For Prester John may believe with Julian and John of Jerusalem with Jovian both Spiritual Guides and so the Position satisfied and yet the Controversie as indeterminable and as far undesided as before And for certain private Men are no more obliged to believe their Spiritual Guides because such than Spiritual Guides are obliged to believe private Men but both the one and the other are to be believed or disbelieved according to the Doctrines they do deliver are true or false But this is not the only false Doctrine he hath preached Besides his faculty of preaching false Doctrine he excels in the faculty of Railing and dares to Pulpit more against Julian than Michael the Archangel durst do against the Devil for in his Sermon on Luke 19. he tells us That amongst Phanaticks and Atheists transformed into malicious Fiends by the Hellish Divinity of that
all his Saints Ps 149. 4 5 8 9. It is Piety alone that enobles Kings gives them a mighty Character and establisheth their Thrones Therefore Kings ought to be like the Sun in the Firmament comfortably influencing all their Subjects by governing justly and living uprightly having their Eyes on the faithful of the land and on them that excel in virtue and not suffering those that make Kings glad with their wickedness and Princes with their Lies Hos 7. 3. to tarry in their sights it being an abomination in Kings to work wickedness for the throne is established by righteousness if Solomon the wisest King that ever did or ever will sit upon a Throne can judge Prov. 16. 12. So Pope Leo Ep. 7. to the Emperor Theodosius Tune est optimus regni vestri status quando sempiternae incommutabili Trinitati unius Dei confessione servitur Then is the State of your Kingdom in it its Glory when it serveth and acknowledgeth one eternal God in the Immutable Trinity This God hath demonstrated by an Iliad of Examples both of old and more puny daies by punishing Kings governing tyrannically more signally and especially in Nebuchadnezzar who not conforming to the Counsel of Daniel by breaking off his sins by righteousness and his iniqities by shewing mercy unto the poor was turned into a very Brute being driven from men to dwell with wild asses to eat grass with Oxen till seven times had passed over him his body wet with the dew of Heaven his hairs grown like eagles feathers and his nails like birds claws before his understanding returned unto him to bless God and to acknowledge that the most high ruleth in the kingdom of men Dan. 4. So averred David a King after God's own heart Man that is in honour and understandeth not is like the beasts that perish Psalm 49. ver 20. What this Vnderstanding is is declared Job 28. 28. The fear of the Lord that is wisdom and to depart from evil that is understanding All other Wisdom in respect of this is but Brutish which made Constantine the Great to esteem all Principalities not subservient to the Laws of Heaven to be far worse than the Government of Goat-Keepers Shepherds and Cow-herds Euseb Orat. In the Kingdom of Insidels who have no right knowledge of God nor of his Laws the Supreme Law is only the safety of the Civil State and its Temporal Happiness but when a Gentile State becomes Christian then consequently it becomes also a Church whereby it loseth nothing which it had before but acquires a new Perfection by accrument of Divine Powers added to the Civil and consequently a greater Duty incumbent on the Governors thereof to seek and procure the Welfare and Happiness Such Kingdoms so united and so interwoven are in a more special manner the Inheritance and Kingdoms of our Lord Jesus Christ which his Father gave him as the Purchase of his bitter Passion Ask of me and I shall give thee the heathen for thine inheritance and the uttermost parts of the earth for thy possession Psalm 2. 8. And Christ doth imbrace the Glory of this his Kingdom so incorporated with so much more tenderness and affection than the Pomp and Pride of all earthly Kingdoms as that he threatneth those Kings Nations and Kingdoms that will not serve him shall perish and be utterly wasted Isaiah 60. 12. Speak every man truth in his heart to his neighbour execute the judgment of truth and peace in your gates therefore love the truth and peace Zechar. 8. 16 19. are Divine Oracles and shall challenge Obedience from every Individual but more particularly and especially they seem to have respect unto those that sit at the Helm that execute the Judgment of Truth and Peace in the Gates It is no doubt as great a fault to be silent when one ought to speak as to speak when one should hold his peace sins of Omission being no less dangerous than sins of Commission I think I do no dis-service to the Publick or transgress the duty of Honesty or Loyalty if I endeavour by Pen to set the Right of Government on a sure and right Foundation when I see daily so many false Principles exorbitant Powers and Vnaccountableness attributed to Cheif Magistrates as may make very Saints to transgress in Government that happily otherwise would not and these not Written by vulgar Pens only but Preached and Printed by Ministers of the Gospel that they might be delivered with the better grace and greater authority though not without most palpable wresting of Scripture to wrong senses and purposes which in Ministers of the Gospel is the more abominable but God shall cut off all flattering lips and tongues that speak proud things Psalm 12. 3. There are so many Sermons full fraught with such Principles that they who are esteemed the Governors of our Church cannot be ignorant of them yet they whom it most concerns to take notice of true and false Doctrines being silent which seems to argue consent hath encouraged me to put Pen to Paper to assert the truth It ought not to be imputed as a Crime to any who bring the Actions of Princes Popes or Prelates to the Touch-stone of Truth Truth though it begets hatred to the Asserters thereof yet like the Sun is a publick good which neither exempteth Princes Popes private Men no nor Angels from her Laws I have followed as near as I can the Beams of that Sun by adhering close to true Principles of Nature of Reason and of Scripture If any Light I have given hath discovered false Glosses or Truth from Error no reason to quarrel either with the Truths themselves or with the Assertor of them Truth seasonably spoken can hurt no Body If false Principles are censured and adjudged by Divine by Laws of Nature and Reason and disapproved by Christian Religion be pleased or displeased who will it matters not the care is taken It being more than human Tyranny to deprive Faith and Truth of Tongue or Pen for their Defence where Truth maketh no distinction of Persons I dare not I only condemn what she doth without respect had to Persons great or small if they clash with Truth or endeavour to obscure her brightness To assert Truth is no point of Arrogance and to search for Truth when it is concealed is the beginning of Charity and to assert it with constancy when it is apparent is the consummation of Charity and to walk in the Light thereof is the beginning and consummation of Happiness For who can be more blessed than he who enjoyeth Truth in its Excellency Constancy and Immutability I am not ignorant that Fear Honour and Reverence are due to Magistrates but more to Truth for God is Truth Nor is it Reverence with base flattery or ignorant blindness to hide the publick Blemishes and Miscarriages of the Actions of great Men. No no it 's downright flattering Profaneness dissembling and betraying the Truths of God. It 's much more Christian
Pulpit it that if they do break their Covenants yet they are accountable to none but God What is this less than like false Prophets to create Subtilties and coin Evasions to rob Kingdoms of their Laws Liberties and Religion and to seduce and betray Kings to the pit of Hell even to Tophet it-self A very trick to tempt Kings to break Covenants and Perjure themselves CHAP. VIII Judges-not less essentially Judges and the immediate Vicars of God than Kings What Powers and Prerogatives Kings have they have them from the People The Peoples Prerogatives They are to be governed by Laws of their own making quas vulgus eligerit JUdges are not less essentially Judges and the immediate Vicars of God than Kings They who judge in the room of God and exercise the judgment of God are as essentially Judges and the Deputies of God as Kings Inferior Judges appointed by King Jehosaphat were commanded by him to take heed what they did for yee judg not for man but for the Lord 2 Chron. 19. 6. By which it appears that they were Deputies in the place of the Lord and not the Kings Deputies in the formal and official acts of Judging and so owned by the King himself If they were not then Kings might command his Judges as his Servants to give what Judgment they pleased but Kings ought not to guide or limit the Consciences of Inferior Judges because the Judgment is not the Kings but the Lords the reason is demonstrable for that Kings have no Authority to command any other to do that as King for the doing whereof he hath no Power from God himself Moses appointed Judges but not as his Deputies to judge and give Sentence as subordinate to Moses for the judgment saith he is the Lords not mine Deut. 1. 17. and their directions to guide them in judgment is from God himself by Moses viz. ye shall not respect persons in judgment c. Yet the Judges may quodam sensu be termed Deputies of the Kings because they have their external call from them If Kings are to be obeyed because they are Powers from God so are Inferior Magistrates also for they also are Powers ordained of God. By me Kings reign and Princes decree justice By me Princes rule and Nobles even all the Judges of the earth Prov. 8. 15 16. By which it is apparent that the Power of Judges Nobles Princes c. all Officers of the Kingdom not of the King is as really and truly from God as that of Kings and differs not in nature from that of Kings but secundum magis minus only both being Powers ordained of God and to resist either is to resist the Ordinance of God both being Minister of God for the good of the governed both obliged so to Govern that the governed for whose good they are equally intrusted may lead a quiet and peaceable life in all godliness and honesty 1 Tim. 2. 2. and to judge righteously between every Man and his neighbour and not to respect persons in judgment but to hear the small as well as the great and not to be afraid of the face of men and the judgment administred by all is Gods 2 Chron. 19. 6. Deut. 17. 19 20. Isaiah 1. 17. and God owneth inferior Judges as a Congregation of Gods Psalm 82. A Senate of Kings not so stiled any where Yet all are equally called Gods John 10. 35. and that rightly for as Kings are God's Deputies by the mediation of the People so inferior Judges are God's Deputies also by the mediation of Kings and of the People and we find that Judges were some time chosen by the People So Jepthah was made Judge then Jepthah went with the Elders of Gilead and the People made him Head and Captain over them Judg. 11. 11. But that God gave Power of Tyrannizing to Kings so as they cannot be resisted or called to an account which he gave not to Judges cannot be made out by any Scripture What Scripture doth warrant that the People might rise up in Arms to defend themselves against Moses Gideon Ely Samuel and other Judges should they have Oppressed or Tyrannized over the People Or that it is not lawful to resist the most Tyrannical Kings of Israel Judah and yet lawful to resist Oppressing and Tyrannical Judges But certainly God Almighty that made the whole Creation not only for his own Glory but also for the Good and Happiness of the whole Race of Mankind would never give any Power to Kingly or any other Form of Government to Oppress and Tyrannize over the governed uncontrolably and unaccountably whose Blood is always precious in his sight and in whom is all his delight It is monstrous so to conceive and derogatory to the very Mercy Justice and Purity of God that he should Create the whole World for the Comfort and Solace of Mankind in general without respect of Persons and yet at the same time subject them to Kings to be used as slaves or which is as bad not to be resisted or not to be accountable to any human Power if they at any time should Tyrannize Certainly such Opiniators and Preachers of such Doctrines do as much as in them lies to frustrate and defeat the whole design of the Creation which was designed for the benefit joy and delight of the whole Race of Mankind in general and by this Doctrine it shall be at the pleasure of every pettish haughty Prince to make every Principality every Kingdom an Aceldama a Golgetha an Iron Furnace an Egyptian Slavery what not Which God the Great and Wise Creator abhors and manifested his Wrath and Indignation against it by pouring his severe and manifold Judgments upon that very Nation which pleaded nay hectored for his Prerogative so long with God himself till he overwhelmed him and all his Hoast with his Prerogatives in the red Sea. Obj. Abstracta concretis sunt puriora perfectioria The Powers that Kings have they have it from the People who make them Kings and they having no absolute Power over themselves cannot contribute any such Power to Kings The Powers that the People have are only Natural and Legal and Political viz. to make and submit to such Laws as may preserve themselves in Peace and Godliness and from unjust Violence and Oppression by the Conduct and Management of good Rulers Now absolute Power above a Law is a Power to do ill and to destroy Nations which no People have it being against Nature that any should have a Power by the Law of Nature which is the Law of God to destroy themselves Therefore though the People should invest Kings with all the Power that they have yet if Kings Tyrannize over the People to their hurt and destruction they usurp a Power which the People never gave them it not being in their Power to give them the Power it self being against the Law of Nature and consequently against the Law of God for that all acts of Tyranny are Oppression
Tyranny which Conspiracy though acted so very privately and as it were by stealth yet blamed neither by God nor Man but justified by all Writers both Sacred and Prophane and the success answered the end designed As the King so all Israel as one Man the several Cities as parts of the Kingdom and their Magistrates did covenant with God to keep his Laws c. Joshua when old and near his end congregated all Israel in Sechem in the Presence of the Lord for the Ark of the Covenant was there and called for the Elders of Israel and for their Heads and for their Judges and for their Officers and they presented themselves before God Josh 24. 1. And he said unto them fear the Lord and serve him c. and the People answered and said God forbid that we should forsake the Lord to serve other Gods ver 14. 16. And Joshua said unto the People ye are witness your selves that you have chosen you the Lord to serve him And they said we are Witnesses ver 22. So Joshua made a Covenant with the Lord that day and set them a Statute and an Ordinance in Sechem And Joshua wrote these words in the Book of the Law of God and took a great Stone and set it up there under an Oak that was by the Sanctuary of the Lord and Joshua said unto all the People Behold this Stone shall be a Witness unto us for it hath heard all the words of the Lord which he spake unto us it shall be therefore a Witness unto you least you deny your God ver 24 25 26 27. Hence it is evident that as every individual Person so more especially all Officers in a Kingdom that have any publick Authority ought every one in their several stations to take care that God's Law be fulfilled and of the Peoples happiness which Officers are Officers of the Kingdom from whom they have their Authority according to Laws of their own making and to them they are accountable If the Ark of God be to be brought back then all of the Congregation of Israel are to be summoned and consulted and to give their help 1 Chron. 13. 2 Chron. 15. So if a Temple be to be built to the Lord the chief of the Fathers and Priests of the Tribes of Israel and the Captains of Thousands and of Hundreds with the Rulers are summoned and moved to offer willingly 1 Chron. 29. So that there is no power committed to Kings to alter or change the Laws Covenants or Worship of God. So in the Covenants under Joah and Josiah between God the King and the People all the Kingdom were present and all were particularly bound to keep and stand to the Covenant so that not the King only but the Kingdom nor the Kingdom in general only but all the Parts thereof promise Faith and Allegiance to God Almighty Not the King only but Israel not Israel only but the Cities and chief Governours of them did secretly bind themselves to God to do him homage and leige Services against all Infractors of his Laws 2 Kin. 11. 23. 2 Chron. 23. For Example Libnah revolted from Jehoram because he had forsaken the Lord God of his Fathers 2 Chron. 21. 10. So Mattathias and all they that fled from the Persecution of Antiochus joyned themselves together and smote sinful men in their anger and wicked men in their wrath and they pursued after the proud men and the work prospered in their hands So they recovered the Law out of the hand of the Gentiles and out of the hand of Kings neither suffered they the sinner to triumph 1 Macc. 2. 42 47. saying We will not hearken to the Kings word to go from our Religion either to the right hand or to the left verse 22. So his Son Judas Maccabeus was valiant for the truth and fought for the People and the Sanctuary so prosperously Deo favente against Antiochus that he recovered Jerusalem and restored the pure worship of God from the Gentiles 1 Macc. 3. Though others took part and were obedient to Antiochus and they fell together with the Persecutor for their so doing by the edg of the Sword. When Israel did evil in the sight of the Lord he sold them into the hand of Jabin King of Canaan whom they served twenty years a fair prescription for a Kingdom worshipping strange Gods among whom especially were the Tribes of Reuben Ephraim Benjamin Dan Asser c. who adhered to Jabin Nevertheless Deborah who judged Israel at that time levied force with the assistance of the other Tribes of Zabulon Napthaly and Issachar over whom they made Barack Captain and went along with them being ten thousand men and discomfited the Hoast of Sisera Captain of Jabin and restored the true Worship of God to Israel and then sang Deborah c. Judg. 4. 5. Happily some may say that these Facts of Deborah Jael Mattathias and Libnah ought not to be drawn into imitation and practice as being stirred up by motions extraordinary like that of Phineahs and the Book it self but Apochypha and not so Authentick as Scripture What then It 's certain that not only the King but all Israel and the parts thereof viz. the several Cities and their Magistrates as in Josh 24. covenanted before God and did swear to worship the true God according to his Law which Covenant is expresly in force to this day in all Christian Kingdoms where King and People Covenant each with other and tacitely or interpretatively also where Kings Rule Vi Armis or by fraud or any other unjust way which is down-right Tyranny The People are the People of God and obliged in the first place to God and then to the Kingdom and to the King and though the King have the formality and executive part of Power all Writs Executions Proclamations c. issuing in his Name yet the People have the true Dominion originally Sunt enim universa in Regis Imperio non in Patrimonio Seneca lib. 7. de Benef. c. 6 7. Omnia Rex imperio possidet singuli dominio Consult all Histories search all Antiquity and you will find the true cause of all Rebellion in all Ages and in all Countries to have risen originally and most especially from the abuse of Power first and not from the disobedience of Subjects to the lawful commands of Kings If Kings command unlawful things as they have no Authority so to do so Subjects have no Obligation to obey When Covenants between Prince and People are of such a nature as cannot be broken or violated by either King or People without doing manifest Injury to the other The injured party may seek his Redress and Relief though it be vim vi repellendo which is always to be understood of unjust Force For if the Force be unjust the Defence must be lawful and contrariwise if the Force be just the Defence must be unlawful So that Kings and Princes if transgressors are as truly Transgressors and Invaders