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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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who carefully defend and govern the Church and People of God imitating David King of Israel Psalm 101. He that worketh deceit shall not dwell within my house he that telleth lyes shall not tarry in my sight I will early destroy all the wicked of the land that I may cut off all wicked doers from the city of the Lord c. The King ought in all truth and sincerity fully and wholly to observe all the Dignities Rights and Liberties of the Kingdom and to reduce them to their Pristine condition The King also ought to do all things in his Kingdom righteously and that by the judgment of the Nobles of the Kingdom and Right and Justice ought rather to bear Rule in a Kingdom than sinful Wills and Pleasures Law is always that which doth right but Will and Pleasure is violence and force is not right And much more to the same purpose by Edward the First to whose Laws also William the Conqueror subscribed Vid. Lambert Collect p. 142. N o 17. The true Religion of God and honest Conversation even of Priests themselves is our chiefest care saith Justinian Novel constit 6. The search of true Religion we find to be the chiefest care of Imperial Majesty Legum Theodos Novel tit 2. de Judaeis Samaritanis So Gregory the Great earnestly exhorted Edelbert unto the first that was Christned of the Saxon Kings in England For this cause the Almighty God brings the good Princes to the Regiment of his People that by them he may bestow the gifts of his mercy upon all that are under them Beda hist Aug. 32. Consider in the Creation we were all created in Adam equal and equally innocent and upright and had we so continued in that state of Innocency there would have been no need of Impery one over another every one would have been a King to himself God and Nature their only Law-givers but lapsed Man sought out many Inventions and broke the Laws both of God and Nature and thereby provoked God to anger and to vengeance and instead of being homo homini Deus as in their fist Creation and state of Innocency they soon became homo homini Lupus which unavoidably introduced a necessity of Government framed by human Wisdom that they may not like Brutes devour one another but live in Unity Wealth Peace and Godliness that they might have Liberty preserved Justice equally distribute● Honesty upheld Religion and Piety maintained and propagated all which could not be done when the Race of lapsed Mankind was multiplyed but by Laws ordained by Common Consent as sociable Parts united into one Body which Laws in common Prudence and of right do bind each to serve other and all to prefer the good of the whole before what good soever of any particular without which no House no City no Nation can long subsist in any happy condition For to govern and to be governed is not to be esteemed amongst things only necessary but as things profitable also for the benefit and sollace of all Mankind and hath its ground and warrant in Scripture in Nature in Heaven Hell the Creatures Mans nature and Conscience In Scripture by me Kings and consequently all other Forms of Government reign and Princes decree Justice By me Princes rule and Nobles even all the Judges of the earth Pro. 8. 15 16. saith Gods essential wisdom viz. not only by the secret disposition of his Providence but by the express warrant of his Ordinance by Divine Institution not by naked approbation there being no power but of God either by his commission or permission The powers that are i. e. the several Forms of Government are ordained by God Rom. 13. 1 2 3 4 5 6. i. e. politick Power in general is warranted by a Divine Law but the several Forms of Government is by the Law of Nations Princedom Empire Kingdom and Jurisdiction have their Rise from a positive and secondary Law of Nations and not absolutely from the Law of God or of pure Nature which the Lawyers call Secundariò Jus naturale or Jus gentium secundarium In sum Government is immediately from God but this or that Form of Government is immediately from God by the Interposition and Mediation of the publick consent of Kingdoms and States and so the application of the Persons to the Office is wholly in the Governed The several Forms of Government differ not in nature Morally and Theologically speaking the end of all Government being the very self same but only politically and positively For God appointed not Kings absolute and solely Independent but constituted with them also Judges who were equally obliged to judge according to the Law of God. 2. Chron. 19. 6. as Kings 17. Deut. 15. and have a co-ordinate share in the Government because the Judgment is neither the Kings nor the Judges but the Lords and both their Consciences are in immediate subjection to the King of Kings 2 Chron. 19. 6 7. The persons are sometimes Usurpers sometimes Abusers of their Authority as when they tyrannize or oppress such powers God owns not the Rulers that he ordains are not to be a Terrour unto good works but to the evil for they are the Ministers of God to the governed for good revengers to execute wrath upon them that do evil To such Rulers we must needs be subject not only for wrath but also for Conscience sake therefore whosoever resisteth such powers resisteth the ordinance of God And for this cause pay we tribute but not to those that are a terrour to good works the reason subjoyned is for they are Gods Ministers attending continually on this very thing but if they attend not continually on this very thing there is no absolute necessary Obligation expressed incumbent upon us for our Obedience or for our paying of Tribute Sute or Service but rather on the contary It is better to obey God than Man Acts 5. 29. The same Power St. Peter terms human Ordinances Submit your self to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well 1 Pet. 2. 13 14. so that S. Paul and S. Peter run parallel to one and the self same Sense and the Sword in the Magistrates Hand to revenge is not a material Sword to hack and hew kill and slay at pleasure but the Laws made by the common consent are the true Sword so Bishop Bilson to which both Magistrates and People are equally obliged to submit the Magistrates being but the Conduit and Pipe the Administrators not Patrons of the Powers for the sake of order through which and by whom all Laws are to pass and be executed and by the same Texts they have the like Obligation to praise them that do well as to punish those that do ill so David was taught and practised I will not know a wicked person mine eyes
who violates them and not by him who was obliged only on Conditions and thereby becomes free of the Obligations not by his own Acts but by him who first broke the Conditions Therefore Supreme Magistrates becoming Tyrants by their own Perjury and breaking their Covenants do free their Subjects from their Oaths and Allegiance and not the People when they deservedly make use of their Power to curb th●m and to right themselves That Kings should not be obliged by Law is contrary to all the received Opinions and Sentences taken from the right of Nature by the most profound and judicious Lawyers Eos qui leges ferunt legibus quoqu●●btem●●rare quod quisque juris in alium statuerit ipse ut codem jure utatur nihil ●●perio magis conducere quam ex legibus vivatur dignam denique vocem esse Principem leg●●us ●●se ●ubd●tum pr●fitert Itaque quod alibi à Juris consultis dici videtur Principem esse supra leges aut Principem à Legibus s●lutum non nisi de legibus civilibus deque particulari privatorum jure est intelligendum verbi gratia de testamentis de detractione Trebellianae aut Falcidianae non autem de Jure public● ad statum ut dici solet pertinent● mulcoque minus de jure naturali aut divino cui quum on●●es singuli homines subjiciantur quatenus homines nati sunt omnino efficitur aut Reges homines non esse aut illos hoc jure teneri CHAP. VI. Principles and Tenets of some Divines and others destructives to all human Societies Kings made and chosen by the People and to them accountable His greatest Authority is in his Courts and not in his Personal Commands The People chuse their Kings and oblige them by Laws which they swear to keep MAchiavel I know and so doth the Ecclesiastical Polititian instruct Princes how they may treat Subjects not as Brethren but as ●●asts as the basest Beasts of drudgery teaching them by subtilty and by the strength of the Militia to support their own will and to make meer Spunges of the publick Coffers with which his Writings are full fraught Leviathan or Malmsbury Hobs 's Positions or Sentiments smell rank of the same Leaven or more abominable if more abominable can be viz. That the Power of Kings cannot without his consent be transferred to another that he cannot forfeit it that he cannot be accused by any of his Subjects of injury that he cannot be censured by them that he is Judge of Doctrines that he is sole Legislator and Supreme Judge of Controversies chap. 20. p. 102. Some Pulpits also preach much after the same rate viz. That it is the Sacred Priviledge of Kings only for their offences to be exempt from all human Jurisdiction That Kings as such are above the Law That though they transgress yet they are not in the least liable to the censure of any Man no Tribunal under Heaven hath Power to take Cognizance of them or call them into Question p. 5. That they have Power to Dispence with the Laws at their Pleasure p. 7. That for Subjects to question the Actions though offensive or Authority of their Princes is inconsistent with the nature of the Kingly Office and diametrically opposite to the Liberty of the Subject p. 7 8. The Scepter being put into their hands by God Almighty alone and with that the Power he gives them is so great as that he maketh them capable of being accountable to none but God himself according to Prov. 8. 16. By me Kings reign p. 16. That Kings may alter Religion at their pleasure according to the old unalterable Maxime qualis Rex talis lex p. 25. William Clifford 's Sermon preached at Wakefield Octob. 30. 1681. Salmasius more excusably as being a stranger to our Laws dances after the same Pipe That Kings have none to judge them but God only That they are above Laws That by no Law written or unwritten natural or divine can they be made guilty of any ill by their Subjects or towards them In which Positions there is a woundy deal of wicked Policy but not one Iota of true Religion and Piety highly injurious to the Liberty and Happiness of the whole Race of Mankind for whose Happiness and Solace the whole World was created as if a few Princes and Potentates were born like Leviathan only to take their Pastimes in this World to be clothed in Purple and Scarlet to lie upon Beds of Ivory and to stretch themselves upon Couches to chant to the sound of the Vial and drink Wine in Bowles and to nourish their Hearts as in a day of Slaughter and all others to be governed with Whips and Kicks Thornes and Briers and yet we must not so much as mutter or peep against them or say What dost thou Not considering that God that made them in the Womb made these and made them all equal and that they were created out of one and the self-same Clay and redeemed by one and the same precious Blood without respect of Persons and that it was the People that differenced them by making them Kings and Queens and Princes sitting upon Thrones riding in Chariots and on Horses they and their Servants and not they the People What is this but to be brutish in Knowledge That Machiavel and Hobs should belch out such Principles I do not much wonder but that any Protestant Pulpits should Preach out such Doctrines I stand amazed To such the 21st verse of the 10th chapter of Jeremiah may justly be applied the Pastors are become brutish In populo regendo Rex habet superiorem legem per quam factus est Rex Curiam suam viz. Comites Bar●nes Comites dicuntur quasi socii regis qui habet socium habet Magistrum ideo si Rex fuerit sine fraeno i. e. Sine lege debet ei fraenum ponere Bracton lib. 2. c. 16. ●●●ta l. 1. c. 17. In Government Kings have Superiors viz. the Laws by which they are made Kings and his Court of Parliament therefore if Kings are without a Bridle i. e. without the Laws they ought to have Bridles put upon them Every single Person hath his remedy by Law in the Courts of Judicature against Kings how much more just is it reasonable and necessary that if Kings injure all all should have their remedy to Bridle him It 's great simplicity to provide against petty Injuries of Kings against private Persons and yet to be lawless against common and publick injuries whereby they may destroy all without Law that by Law could not injure any single Person As for the Title of Supreme Head and Governor as it is meant of single Persons not of Courts or of the Collective body in Parliament so it is meant in Curiâ not in Camerâ in his Courts that his Majesty is Supreme Head and Governor over all Persons and in all Causes and not in his private Capacity And most truly
Bracton l. 3 c. 9. Regis potestas Juris est non Injuriae and nihil aliud potest Rex nisi id solum quod de Jure potest The Power that Kings have is to do right not to wrong the least of their Subjects The most ancient Records do evidence that they own what Power they have not to Force or Arms not to Inheritance not to Succession but unto the Grant of the People Records tell us that such Kingly Power was given by the People unto Hen. IV. and before him to Rich. II. Rot. Parl. 1. Hen. IV. N o. 108. And accordingly Kings by their Edicts Patents Commissions Diploma's do Authorize their Deputies Lieutenants and Presidents So the House of Commons granted to Rich. II. that he should enjoy such Liberties and Franchises as Kings his predecessors enjoyed before him which when he contrary to his Oath did violate and abuse to the subversion of the Laws was by the same Power deposed The same Roll testifieth that they gave like Power to Hen. IV. which Powers were plainly fiduciary and which the Parliament would not have given but that they had a right so to do neither would the King have been so injurious to Posterity as to have accepted of it from the Parliament had they had a just right to such Powers in themselves without such deligation which plainly shews Kingly Powers to be fiduciary acquired not innate nor inherent in their Persons such Powers as Generals of Armies Imperatores Bellici have deligated to Defend not to Subdue or Oppress them from whom their Power is deligated It were impar congressus great folly nay madness for Parliaments and People to chuse Kings and swear them to the observance of a Chart of Laws how great soever that they may have Power of the Militia absolutely in their own Power to play Rex with all unaccountably In summ Kings do not Govern by a meer Kingly or Divine Power but by a Politick Power the People being to be governed by the same Laws which they themselves do make and not by such Laws as Kings shall please to impose at their own will and pleasure In summ We are all born free and may make what Laws we please and commit the Administration and Execution of them to one or more as we please always observing one above the rest most Ancient and most Authentick even the Law of Nature ever to be had in greatest Veneration which directs all Laws all just Right all civil Impery not to the will pleasure and lust of Kings but to the Good of the governed CHAP. IX What was Lawful for the Jews to do for the keeping of the Law and maintaining and propagating of Religion is Lawful now for all Christians under the Gospel certainly God never Covenanted nor ordained Covenanting in vain whether for Religion or Civil Rights FROM what was Lawful for the People of the Jews to do and from what was commanded them by God to do concerning the keeping of the Law and observation of his Commands we may conclude that the same is now Lawful for Christian People of any Kingdom to do concerning the Care Practice and Defence of both Law and Gospel God having chose the People the Jews above all the Nations of the World to be his peculiar People made a Covenant with them That when they came into the Land of Promise they should be his People and he would be their God. This is expressed as in many places of Holy Writ so more especially Deut. 7. 6. 14 2. The Lord thy God hath chosen thee to be a special and peculiar People unto himself above all People that are upon the face of the Earth And the force of the Covenant was That all the People should take care that God should be purely worshipped and served of all the Tribes and that he should have a pure Church in the midst of them Deut. 27. 9. where Moses and the Priests and Levites as Ministers and as in God's stead spake unto all Israel saying Take heed and hearken O Israel this day thou art become the People of the Lord thy God thou shalt therefore obey the voice of the Lord thy God and do his Commandments and his Statutes which I command thee this day Deut. 17. 9 10. But more fully yet in Joshua who gathered all the Tribes of Israel to Sechem and said unto all the People thus saith the Lord God of Israle your Fathers c. Now therefore fear the Lord and serve him in sincerity and truth c. And the People answered We will serve the Lord for he is our God. And Joshua said unto the People ye are witnesses against your selves that you have chosen you the Lord to serve him And they said We are witnesses the Lord our God will we serve and his voice will we obey So Joshua made a Govenant with the People that day Josh 24. 2 14 18 22 24 25. and Joshua read all the words of the Law the Blessings and Cursings over against mount Gerazin and mount Ebal according as they kept or violated the Covenant There was not a word of all that Moses commanded which Joshua read not before all the Congregation of Israel with the Women and the little Ones and the Strangers that were conversant among them And all the People answered Amen Deut. 27. Which Premisses will yield this natural conclusion That this Stipulation did not oblige one single Person only but all the People of every Nation to take care that God's Laws and Covenants be kept and performed and that Idolatry Superstition c. be banished and destroyed For the same reason all the Tribes did Encamp and pitch their Tents round about the Ark where it lodged to shew that that which was recommended to the care of all should be governed and defended by all Numb 2. 2 17. Consider the practice hereof The Gibeonites having abused the Levites Concubine to death the Levites divided her into Twelve pieces and sent her into all the coasts of Israel then all the Children of Israel went out and the Congregation was gathered together as one Man in Mispeh considering that so great a sin committed in Israel ought to be expiated and punished by all to whom after the Levite had declared the wickedness they by common consent resolved to have satisfaction of Gibeah and the Benjamites which being refused they fought against them and destroyed them to which God gave incouragement and success Judg. 19. 20. Thus was the breach of the Second Table of the Law expiated on a whole Tribe which had so offended by all Israel So ought all Nations to do their utmost to revenge such Impieties We have the like Example for the breach and violation of the First Table Josh 22. When the Children of Ruben and the Children of Gad and the half Tribe of Manasseh had built an Altar by Jordan verse 10. Which when the Children of Israel gathered themselves together at Shiloh to go up to War
Honour to declare them with Christian Charity and reprove them with Christian Modesty Thou shalt not hate thy Brother in thine heart thou shalt in any wise rebuke thy neighbour and not suffer sin to fall upon him Levit. 19. 17. whether he be of a great or little Figure in the World it matters not Go tell Judah of her sins and Israel of her transgressions be who will pleased or displeased therewith By which it appears that though Reproofs and Admonitions have been the Duty of every person from the very beginning of Religion Cry aloud spare not lift up your voice like a trumpet proclaim defiance sound a challenge and charge against them shew the people their transgressions and the house of Jacob their sins Isaiah 58. 1. yet they are seldom or never acceptable but on the contrary get hatred to those that discover their Dalilah's their bosome sins but their comfort is that by reproving they fulfil God's Precepts and he that hateth reproof erreth is bruitish and shall die Pro. 10. 1. 15. Pro. 12. 15. Pro. 10. A most strange and unhappy temper to return hatred for good will to hate those that show the greatest kindness that possibly mortal Man can show he that regardeth reproof shall be honoured and is prudent Prov. 13. 18. Pro. 15. 5. He that refuseth instruction despiseth his own soul but he that heareth reproof getteth understanding ver 32. As to despise Dominion and speak evil of Dignities is a great Crime to be punished by the Judges so there is a wo to them who call evil good and good evil that put darkness for light and light for darkness Isaiah 5. 20. Wherefore if they whose immediate Duty it is to tell Judah of her Sins and Israel of her Transgressions will by a sinful compliance be silent or daub with untempered Mortar not daring to declare plain Truths which is tant à monte a tacite giving consent and countenance to publick Sins and Injuries by such their connivance and dissimulation I hope they will not blame those who dare call Vices by their proper names I am ignorant of such quirks of Conscience which so much injure Justice and Piety as by such perverting the plain Truths of Religion and prevaricating with God Almighty by pleasing Men rather than Truth as if both might not and ought not to stand together as if a due respect to Men even to great Men and a just censure of Sin and Wickedness might not justly be maintained So that if any thing in this present discourse seem more harsh or severe than usual it is intended against the Vices and Abuses of the Powers not against the Persons nor any just Powers If they are Truths that I have declared I ought not to be blamed if Errors they 'l easily be discovered and refuted and the greater Truth will appear If I have committed Errors and injured Truth I am sensible of my own Infirmities and that Reason is seldom so perfectly reduced to Science but that I and all others may be mistaken Humanum est errare Let those that shall discover such Errors consider that they themselves are Men and subject to like Errors and Frailties and may be deceived and that possibly when by disquisition a greater Light may discover that that may be the Readers mistake which he esteemeth may be the Writers Error In summ All the Glory of Kings and Kingdoms ought to serve God by judging righteously by countenancing the Faithful of the Land and not suffering the Wicked to influence their Councils and by walking wisely in a perfect way and by hating the Works of them that turn aside and by not suffering those that have high Looks and proud Thoughts as being made choice of by him to administer in his Kingdom as Nursing-fathers of his people Isaiah 49. 23. God blessed for ever who setteth up Kings and removeth them doth only love the Principality and Kingdom of his own Eternity and himself continually addeth to the Glory and Enlargement thereof but willeth and expecteth the same from all Kings Princes and Governors of Temporal Scepters to do the same and that under severe Menaces and Penalties Whatever therefore of Inlargement Glory Stability the carking Cares or Designs of the great Men of the Earth may project and promise to themselves by being Kings and Princes on the Earth they are all but magnificum nihil toys gewgawes and vanity in the sight of God when put into the Ballance with that Kingdom which Christ alone loveth respecteth and desireth and unto which unless they be heartily subservient to serve and inlarge the Kingdoms of our Lord Jesus Christ they shall become like the chaff of the summer threshing-floor and the wind shall carry them away and the God of Gods and Lord of Kings shall set up a kingdom which shall never be destroyed and the kingdom shall not be left to other people but it shall break in pieces all other kingdoms and it shall stand for ever Dan. 2. 44 45 47. If Kings will not kiss the Son nor do their Duty in purging the House of the Lord may not Eliah and the People do their duty and cast out Baal 's Priests Reformation of Religion is a personal act that belongeth to all even to every private Person according to his place they may swear a Covenant without the King if he refuse and build the Lords House themselves 2 Chr. 15. 9. and relieve and defend one another if oppressed for our Acts and duties of defending our selves and the oppressed do not tye our Consciences conditionally so the King consent but absolutely as all duties of the Law of Nature do Jer. 22. 3. Prov. 24. 11. Isaiah 1. 17. 58. 6. Be wise now therefore O ye kings be instructed ye Judges of the earth Serve the Lord with fear and rejoyce with trembling Kiss the son lest he be angry and you perish from the way when his wrath is kindled but a little blessed are all they that trust in him Psalm 2. Therefore it becomes you that sit upon Thrones to observe and obey the true unquestionable divine Lex Regia to you it is commanded Deut. 17. 18 19 20. viz. to read in the Book of the Law all the days of your lives that you may learn to fear the Lord your God to keep all the words of the law and the statutes to do them that your hearts be not lifted up above your brethren by whom and from among whom ye your selves were chosen and set in great Glory Honour and Dignity to go in and out before them judging righteously and that you turn not aside from the commandment to the right hand or to the left do violence to no man for God hates the violent man and evil shall hunt the violent man to overthrow him Psalm 140. 11. Be content with your Tribute and exact no more than what is appointed you by publick consent take care that there be no violent perverting of Judgment no shamming of
may learn wisdom and not fall away Wisd chap. 1. ver 1 2 3 4 5 6 7 8 9. THE Right of Government AND JUSTIFICATION OF DEFENSIVE ARMS c. THough there can be nothing so exactly so accurately so cautiously written that prevaricating and searching Wits and Men of different Principles and different Interests who take and measure only by their own Plummets and their own Lines will not quarrel and throw Stones at when sound Reason and solid Arguments are wanting to refute Yet I presume to expose my Sentiments concerning Government and Governors and to run the same fortune and risk with others not vainly expecting to pass currantly without snaps and snarles laying a very short but firm Foundation as a solid Rock able to bear and justifie all the Superstructures which I shall Build thereon relating to any Form of Government whatsoever thereby avoiding multiplicity and ministring less occasion of Disputes and less Fuel to kindle the fire of Contention and less scope to pick and make Disputes and Quarrels upon I shall not particularly meddle with the several Forms of Government nor how rightly or abusively exercised in any Nation State or Kingdom but shall endeavour quantum in me to set the Right of Governors and Government on a right Foundation in general without respect to this or that Form or to this or that Nation Commonwealth or Kingdom and without particular Reflections as much as is possible unless by way of instance on any particular Kingdom or Commonwealth CHAP. I. Shews the absolute necessity of Government of what Nature it ought to be and how Governors ought to behave themselves in the Management thereof To what Governors Obedience is due I Shall First shew the absolute necessity of Friendly Assotiations and Government Secondly Of what Nature it ought to be Thirdly Who of right have the Power of Government It is a Maxime most Christian an undeniable That pure Religion and undefiled Holiness of Life and Conversation is every Man's bounden Duty in particular and is and ought to be the highest of all the Cares and Concerns of all publick and private Governors and Governments in many respects 1. In respect of gratitude towards God who hath done so great things for us Men and for the Eternal Welfare of our Immortal Souls and who giveth to all Men liberally and upbraideth not and not only for necessity but for delight also 2. In respect of his Almighty Power who is Lord alone of all the Kingdoms of the Earth and doth whatsoever he pleaseth in Heaven above and in Earth beneath and in the great Waters 3. In respect that righteousness and judgment are the habitation of his throne Psalm 97. 2. and he will judge the World with Righteousness and all Persons with his Truth and who only can give Peace within our Walls and Plentiousness within our Pallaces but that only Hypothetically on condition that our ways do please him 4. In respect of the great power Religion hath to qualifie all unnatural exorbitant humors and passions of Men even most rebellious against God or Men and to incline all Governors to Rule with Conscience and the Governed to obey for Conscience sake It is no Phanatick whim but a matter of ●ound and undeniable consequence That all Duties both of the Governors and Governed are by so much the better executed by how much they are the more Religious For it 's not possible that good Government can continue without good Governors which being most certainly true Policy must submit and be subordinate and d● homage to Religion This is more demonstrable in that all good Christians do own these very Truths in their very Prayers to which the several Lyturgies of several Nations give abundant undeniable Testimony Besides they have God's own Command and own Pattern for such Government and Governors viz. H● that ruleth over men must be just ruling in the fear of God 2. Sam. 23. 3. Before the Israelites God's own peculiar People for whom God has done so much and shewed so many Miracles by bringing them out of the Land of Egypt by a strong Hand entred that good Land beyond Jordan he taught them by his Servant Moses Laws Statutes and Judgments to govern themselves by saying Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whether ye go to possess it keep therefore and do them for this is your wisdom and understanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People For what Nation is there so great who hath God so nigh unto them as the Lord our God is in all things that we call unto him for and what Nation is there so great that hath Statutes and Judgments so righteous as all this Law which I have set before thee Only take heed to thy self and keep thy soul diligently and teach them thy Son and thy Sons Sons c. What human Oracles can contrive and dictate better Laws Statutes and Judgments than is commanded in Holy Writ And therefore greatest prudence and safety to make them their Pattern But we have not only Divine but Human Sanctions also for what is averred That great Prince Augustus was wont to say That Religion did Deifie Princes And Tully tells us That the Roman State did increase and flourish more by Religion than by any other means All the Laws of Solon and Lycurges of Greece and Rome c. come far short of the Laws of God for the most pure just and excellent Government And whoever shall consult the Antients of the very Heathens themselves as Plato Aristotle Cicero and others shall find that they all center be the Form of Government what it will in just Laws and just Execution without creating Subtilties or coyning Evasions to sham good Laws made in simplicity and in sincerity Thus by Testimony both Divine and Human Religion is the best and surest Basis of Human Society Union Peace Liberty Plenty and distributive Justice to all indifferently without respect of Persons high or low rich or poor Consider also what Edward I. hath left as a Pattern of good Government concerning the Office of a King Rex autem c. The King because he is the Vicar of the great God is ordained to this That above all he should reverence Holy Church that he should govern the Earthly Kingdom and People of God and defend them from injuries and should discountenance and dispel all lewd People out of Church and State which if he do not the name of King remains not in him But Pope John testifying he loseth the name of King to whom Pepin and Charles his Sons not yet Kings but Princes under the French King wrote foolishly complaining that if so the Kings of France ought to be content with the Name and Title of King by whom it was answered That it belongs to them to be called Kings
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