The Opinion is This That RESISTANCE may be Vsed in case our Religion and Rights should be INVADED THE Arguments against it are these First That the Christian Religion doth plainly forbid the Resistance of Authority Quaere Who has Authority to Invade the Established Religion and Rights of the Nation Is any one Impowered by the Laws to invade the Laws Secondly That though our Religion be Established by Law which makes a difference between our Case and that of the Primitive Christians yet in the same Law which Establishes our Religion it is declared That it is not lawful upon any pretence whatsoever to take up Arms against the King or any Commissioned by him Neither doth this reach the Question For the King can do no Wrong nor in the second place can he Commissionate any person to Invade the Established Religion and Rights of the Kingdom for a Commission of that kind is not a Commission in Law it is null and void and nothing Besides that there is a particular Law declaring the Power of the Militia to be solely in the King. To do what To Invade the Established Religion and Rights of the Kingdom If you read the whole Act you will find the direct contrary And that tyes the hands of Subjects though the Law of Nature and the general Rules of Scripture had left us at liberty which I believe they do not because the Government and Peace of Humane Society could not well subsist upon these Terms As if the Established Religion and Rights of a Nation which are the very Ends of Government and of Humane Society were Best Secured by being laid open to Invasion and exposed for a Prey Thirdly This Opinion is contrary to the declared Doctrine of all Protestant Churches and though some particular persons have taught otherwise yet they have been contradicted herein and condemned for it by the generality of Protestants Whereas the following Testimonies will prove it to be no singular Opinion but held by the most Eminent Protestants both at home and abroad And they give such Reasons for their Opinion as may at least excuse those persons who are of the same Perswasion till such time as those Arguments are answered as well as the Opinion condemned To begin with Luther with whom the Papists say Untruly our Religion began but who was indeed a person whom it pleased God to make the Great Restorer of Religion to this last Age of the World. Sleidan not only tells us that he was of this opinion but likewise how he came to be of it when he had formerly held the contrary The words are these Sleid. Com. Lib. 8. Prius quà m foedus iniretur in Concilium adhibiti fuerunt non Iureconsulti modo sed Theologi quoqueâ— Lutherus semper docuerat Magistratui non esse resistendum extabat ejus hâ—â— de re libellus cùm autem in hâc deliberatione periti juris docerent Legibus esse permissum resistere nonnunquam nunc in eum Casum de quo Leges inter alia mentionem faciant rem esse deductam ostenderent Lutherus ingenuè prositetur se Nescivisse hoc licere Et quia Leges Politicas Evangelium non impugnet aut aboleat uti semper docuerit deinde quoniam hoc tempore tam dubio tamque formidoloso multa possint accidere sic ut non modo jus ipsum sed Conscientiae quoque vis atque necessitas arma nobis porrigat Defensionis cauâ—à foedus iniri posse dicit sive Caesar ipse sive quis alius fortè bellum ejus nomine faciat Edito quoque scripto primum explicat quà m fuerint in Augustae Comitiis obstinati Pontificii deinde monet in universum omnes ne Magistratui ad ejusmodi Bellum imperanti Militiam obtemperent Doctrinae verò Pontificiae complures gravissimos quidem recenset errores quos ait ab illis propugnatum 〈◊〉 qui se Castris illis adjungunt quà quidem in re summum Nefas inesse dicit Quanta sit etiam lux illata mentibus hominum hoc tempore per Evangelii cognitionem demonstrat à tam Impii belli societate temperandum esse docet In English thus Before the Princes and Cities entered into an Association they took the Advice not only of Lawyers but of Divines also Now Luther had always taught That the Magistrate might not be Resisted and there was a little Book of his extant upon that subject But when the Lawyers in this Consultation shewed that Resistance was allowed by the Laws in some cases and made it appear that the present Case was one of those whereof the Laws made mention Luther ingeniously professed that he did not know the lawfulness of it before and now said that being The Gospel doth not Bar nor Abolish the Laws of the State as he had always taught and furthermore because in this uncertain and dangerous Time many things might so happen that not only matter of Right but also the force and necessity of Conscience might occasion us to Arm therefore an Association might be entered into to defend our selves in case Caesar himself should make War upon us or any one else in Caesar's name He put forth a Book likewise wherein he first shewed how obstinate the Papists were in the Diet at Auspurgh and then warned all men in general that they should not obey the Magistrate if he raised the Militia for such a War. He reckoned up very many and very gross Errors of Popery to shew those who sided with the Emperour what things they would fight for and consequently how great a wickedness it was He shewed how much more Light than formerly men now had by the knowledge of the Gospel and that they ought not to engage in so wicked a War. There were seven Princes and twenty four Protestant Cities which entered into this Association some of whose Arguments and Reasons for it we have upon Record in the following Books of the same Historian The Saxon and the Lanâ—grave in their Declaration 2 September which was in answer to the Emperours from his Camp at Ingolstadt have these words Sleid. Com. L. 18. Quid Caesari debeant Principes quid invicem ipse praestare debâ—at abunde nobis constat ut nos illi sic ipse vicissim nobis obligatus est quod autem indictae causâ nos Proscribit omnibus possessionibus dejicere conatur in eo juris vinculum dissolvit quo clienti seu beneficiario devinctus est invicem patronus Iam quod rebellionem nobis objicit nihil est scit ipse nobis injuriam fieri We know very well what Duty the Princes owe to the Emperour and what on the other side he himself ought to perform We are mutually bound to one another Now because he proscribes us without any Process of Law and endeavours to throw us out of all our Possessions in so doing he breaks that bond of the Law whereby a Lord and his Client or Beneficiary are bound to each
Provinciâ—s illis quo minus se tuâ—ri Armis ambitiosam Tyrannidem avertere liceret Galliarum Rex Majestatem habet Regni multo majorem cui tamen pro Lege est Bodin Meth. Hist. Cap. 6. Principem contra Leges nihil posse rescriptisâ— ejus rationem nullam haberi debere nisi aequitati perinde ac veritati Consentanea sint Porro est etiam proceribus reliquisque Ordinibus suus Honor Dignitas quam Regi violare nefas est Quam quùm non ita pridem senserunt Heroes Regni illius novorum quorundam hominum factione gravissimè laesam qui sub obtentu Religionis ambitioni suae servientes insano furore coelum terrae miscerent lamentabilem totius Regni calamitatem minitari viderentur quippe omnia pro arbitrio suo facta infecta rata irrita esse jubentes Edicta publico jure pro conservanda pace promuâ—gata libitu suo frustrari non dubitantes ceperunt illi quidem arma pro Regis Regni suâque omnium libertate vindicandâ nec ferendum sibi putarunt ut armata contra Leges paucorum hominum insolentia Leges Divinas simul Humanas intollerabili audacia proculearet Pugnarunt ergo pro jure suo non aliquo Ecclesiae privilegio quo illa sibi integrum putet armis se defendere sed politicâ libertate qua citra injuriam Principis erdinem suum legibus constitutum adversus hostes conjuratos non inferendo bellum sed populsando tueri licebar Atque in hoc Causa eorum a Veteris Ecclesiae ratione distinguenda est quae absque ullo juris sui titulo mero imperii placito subjacebat Quamdiu vero ita se res habuit caedebantur ut tu dicis Christiani non caedebant qui tamen sub Constantino Principe jure publico armati non tam caedebantur quam caedebant profligatis Tyrannis Licinio Iugum persecutionis a cervicibus Ecclesiae depulerunt Pari ratione Ecclesia nostra cum longo tempore sub Antichristo nullis Secularibus praesidiis adjuta duram servitutem serviisset postquam ex illis fluctibus miserante Deo eluctari jam emergere caepisset legum aliquod praesidium stantibus ab illa principibus optimatibus obtimusseâ— caepit catenùs uti viribus suis armata manu munitam edictis legibus privilegiis ab importuna Tyrannorum oppressione vindicare Quare Principes Galliae quorum interfuit providere ne publica libertas per injuriam opprimeretur neve quae lege sancta esse debebant surreptitiorum quorundam libidine pro irritis nullis haberentur qui usque adeo hostes republicae comperti sunt ut signiferum illius seditionis Ducem Guisium Rex ipse Henricus si Religione cum eo consentiens quia judicio agere non posset repentino impetu confodiendum curaret bello injustam illam violentiam repellendam Ecclesiam non nisi juste armatam pro ea quam lege habebat libertate conservanda in aciem educendam censuerunt ubi qui de tuis partibus Bellarmine ceciderunt non injuria Persecutionis sed justissimae Defensionis impetu perierunt But here we are fallen into a Political Question How much Authority over the Subjects was promised to the Prince by the Fundamental Laws of every State whether he have a boundless and unlimited Power or whether it be measured and adjusted and more or less mixed with the Power and Authority of the Peers or People The Government of the Roman Emperours heretosore was Absolute and Unmixed they governed all at Pleasure they made Laws and they unmade them again and had the Soveraign Power of Life and Death For which reason the Christians could with no pretence Resist the Violence of those Times or Defend themselves against the Wrongs which were done to them But the Princes of those Countries which you speak of have certain Bounds set them which when they pass the Nobles think it lawful for them to Repel their unjust Violence and to shake off the Yoke wherewith they are wickedly and illegally Oppressed And thus the King of Spain who had the Government of the Netherlands only upon Composition and Compact when he did no longer stand to his Compact and acted Insolently contrary to the Faith which he had given was thought to have devested himself of that Government so that there was no reason why those Provinces might not lawfully Defend themselves with Arms and get rid of an Ambitious Tyranny The King of France is much more Absolute nevertheless this serves for a Law to him That the Prince can do nothing contrary to Law and that his Edicts ought not to be regarded unless they be agreeable to Equity as well as Truth Besides the Peers and the rest of the Estates have an Honour and Dignity belonging to them which the King himself cannot Violate Which when the Nobles of that Kingdom were sensible was deeply wounded by a Faction of some upstart Men who served their own Ambition under a Cloak of Religion turned all things upside down and seemed to threaten miserable Calamity to the whole Kingdom truly they took up Arms to Vindicate the King's and Kingdom 's and all their own Liberties and thought it not fit to be endured that the Insolence of a few Men which was armed against the Laws should trample upon all Laws both Divine and Humane with unsufferable Boldness They fought therefore for their own Right not by any Priviledge which the Church has to Defend itself with Arms but by their Civil Liberty whereby without any wrong to the Prince it was Lawful for them in a way of Defence to maintain their Legal Establishment against their sworn Enemies And herein their Case differed from that of the Primitive Church which was Subject to Absolute Imperial Will and Pleasure without any Title to Rights of its own Now while their condition continu'd thus The Christians as you say were killed but did not kill Notwithstanding when under Constantine the Emperour they were armed with a Publick Right They were rather for killing than being killed and having Vanquished several Usurpers and Licinius the Emperour they threw off the Yoke of Persecution from the Neck of the Church In like manner our Church when she had for a long time undergone an hard Bondage under Antichrist having had no Secular Protection at all after she had begun by the Mercy of God to get above Water and to rise from under those Waves of Oppression and having by the Princes and Nobles standing by her gained some Protection of the Laws she began to use her own Power as far as she had it and when she was now fortified with Edicts and Laws and Priviledges to Vindicate herself with Arms from the vexatious Oppression of Tyrants Wherefore the Nobles of France who were concerned to provide that the Publick Liberty should not be oppressed by Wrong nor those things which ought to have been Established by the Law should
other As for his charging us with Rebellion there is nothing at all in it and he knows in his Conscience that we are wronged And presently after Quod si pactis stetisset atque decretis nos etiam nostrum officium eramus facturi sed quoniam ea violavit verò praecipua debetur Deo obedientia sibi culpam ipse tribuat Etenim quia Religioni molitur exitium atque libertati causam praebet cur ipsum oppugnemus bonâ— conscientià Cum enim in eum Casum res devénit licet resistere sicut sacris prophanis Historiis demonstrari potest Nam injusta vis minime Deum habet Authorem nec alia ratione sumus ei devincti quam si Conditiones quibus est creatus Caesar impleat Now if he had stood to his former Compacts and Decrees we also should have done our Duty but because he has broken them and besides our Obedience is due to God in the first place let him lay the blame upon himself For being he endeavours the destruction of our Religion and Liberty he gives us cause to oppose him with a Good Conscience For in that case it is lawful to resist as may be made appear both from sacred and prophane History For unjust Violence is by no means the Ordinance of God neither are we any otherwise bound to him than upon performance of the Conditions upon which he was made Emperour The City of Magdeburg likewise in their Writing 24 March and the Ministers in April to the same purpose Sleid. Com. L. 22. Primo docent neque divino neque humano jure se posse convinci Rebellionis Postea demonstrant eos qui contra se sumunt Arma bellum ipsi Christo facere c. deinde facilè quiviâ— intelligit quà m non liceat vim nobis inferre They first shew that they could not be proved guilty of Rebellion either by the Law of God or the Law of Man. Then they demonstrate that those who took up Arms against them made War upon Christ himself c. And afterwards they say Every body easily understands how utterly unlawful it is to offer any Violence to us So much for Luther himself and the League or Association which comprehended most if not all the Churches of that Denomination And Melancthon often inculcates all over his Writings the same Maxime of Luther which indeed was St. Chrysostom's before them both That the Gospel doth not Bar the Laws of the State That it does not erect a new Government but leaves the Government as it found it And therefore where the Laws and Constitution of a Government allow of a Defence the Gospel does so too And in his Commentary on the Proverbs upon those words of Solomon Prov 24. 2â— 22. My Son fear thou the Lord and the King and meddle not with them that are given to change that is joyn not with them who would change our Religion or Government For their Calamity shall rise suddenly and who knoweth the ruine of them both He writes thus Concedit autem Evangelium uti Legibus Politicis cum ratione congruentibus Imâ— si talis Defensio non esset concessa transformaretur Evangelium in doctrinam Politicam stabiliret Infinitam Tyrannidem The Gospel allows us to make use of Politick Laws which are reasonable Nay if a lawful Defence were not allowed by the Gospel the Gospel it self would be transformed into a State-Doctrine and would establish infinite Tyranny Or as he says in another place it would command infinite Slavery which it does not Non constituit Evangelium novas politias quare nec infinitam Servitutem praecipit 2 Artic. Symbol Nicen. Sub Quaest. Hic autem quaeritur utrùm Armis reprimendi sunt Tyranni praecipientes ut faciamus contra mandata Dei In his common places under the Title Vindicta upon those words of our Saviour He that takes the Sword shall perish by the Sword. He says thus Accipere Gladium est non datum à Legibus stringere Ergo qui vim injustam infert Accipit Gladium è contra verò qui justâ Defensione utitur non Accipit Gladium sed stringit datum à Legibus For a man to take the Sword is to draw it when it is not put into his hands by the Laws Therefore he who offers unjust Violence Takes the Sword but on the other hand he who uses a just Defence does not Take the Sword but he draws a Sword which the Laws put into his hands And to name no more places in his Commentary on the 13 Rom. upon those words Wherefore ye must needs be subject not only for wrath but also for Conscience sake Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum â—iunt Tyranni non minùs dissipant Ordinationem Dei quà m Seditiosi Ideo ipsorum Conscientia sit rea quia non obediunt Ordinationi Dei id est Legibus quibus parere debent Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne Violationem Politici status putent esse leve peccatum Neither do these words only concern the Subject but also the Magistraâ—es themselves who when they turn Tyrants do overthrow the Ordinance of God no less than the Seditious And therefore their Consciences are guilty too because they obey not the Ordinance of God that is the Laws which they ought to obey Therefore the Threaâ—â—ings which are here set down do pertain likewise to them Let all persons therefore be moved by the Severity of this Command not to think the Violation of the Constitution to be a light Sin. And when I have quoted Zuinglius too I have quoted the three first Reformers He therefore in his pious and friendly Admonition to the Republick of the Switzers discourses much of his Country's throwing off the Yoke of Oppression and reckons that St. Paul was of the same mind when he says But if thou mayest be made Free use it rather which Eternal Counsel of God our Valiant Ancestors following with undaunted Courage were blessed with wonderful Successes c. Pia. amica Parensis ad Suitensium Remp. p. 156. Quo animo ipsum quoque Paulum dicere existimo Si potes liber â—ieri â—tere potius 1 Cor. 7. Quod aeternum Dei Consilium Patres nostri fortissimi viri infracto animo secuti miris Victoriarum Successibus ut Sempachii Nevellis c. Et paulo supra Ipse Dominus Libertatis Author existit honestam Libertatem quaerentibus praesto est But in his Opus Articulorum Art. 40 41 42. he is the coldest Comforter if not the most merciless Insulter in the World over a People that lies under Oppression for he will not suffer them to Complain He says they Deserve what they Suffer and a great deal more they have no Wrong done them and he bids them Perish with their Oppressor They that list may see the place
be made Null and Void at the Pleasure of some few Forreigners crept in amongst them thought fit to have that unjust Violence repelled by a War and thought fit likewise that the Church which was no otherwise than justly Armed for the Preserving that Liberty which she had by Law should be drawn out into the Field Where those that fell on your side Friend Bellarmine did not perish by the Injury of a Persecution but by the Stroke of a most just Defence But because it may be said that these are private Men which I grant to be true though their Arguments seem to be of another nature and look like the publick and common Reason of Mankind therefore to finish and perfect this business of Authorities with which as some men are wholly led so I hope others may be so far excused as not to be haunted and tormented at a dying Hour and tempted either to Despair or die with a Lye in their Mouths In the last place I shall shew that the whole Church of England in several Convocations have Justified the Protestants in those Defences and not only maintained in Words the Justice of their Resistance but which is more they laid down their Purses to help them and charged themselves deeply with Taxes in consideration of Queen Elizabeth's great Charges and Expences in Assisting them as you may see in the Preambles of the Clergy's Subsidy Acts in that Reign Quinto Elizabethae Cap. 24. Among other Considerations for which the Clergy give their Subsidy of Six Shillings in the Pound they have these words And finally pondering the inestimable Charges sustained by Your Highness as well of late days in reducing the Realm of Scotland to Unity and Concord as also in procuring as much as in Your Highness lieth by all kind of Godly and Prudent Means the abating of all Hostility and Persecution within the Realm of France practised and used against the professors of God's Holy Gospel and True Religion The first thing in this Passage is the Queen's Assistance of the Scotish Nobility in their Reformation wherein they were opposed by the Queen of Scots who brought French Forces into Scotland which is set down at large in our Chronicles Stow p. 640. The Temporalty in their Subsidy Act at the same time Cap. 27. call this Assistance The Princely and Upright Preservation of the Liberty of the next Realm and Nation of Scotland from imminent Captivity and Desolation The other thing is the Godly and Prudent Means for abating Hostility and Persecution within the Realm of France Now History will inform us Stow p. 650. That those Means were the Forces sent under Dudley Earl of Warwick to Newhaven to Assist the French Protestants who were then in Arms. We have some Men who would find another Name for it and would call this the Abetting of a Rebellion but the whole Bishops and Clergy in Convocation call it The use of Godly and Prudent Means to abate Hostility and Persecution practised and used against the Professors of GOD's Holy Gospel and True Religion For so likewise they call a parcel of Men who neither Professed nor Practised the Modern Religion of Non-resistance Again the Clergy grant another Subsidy 35 Eliz. cap. 12. in consideration of her Majesties Charges In the provident and needful Prevention of such intended Attempts as tended to the Extirpation of the sincere Profession of the Gospel both here and elsewhere The Temporalties Subsidy-Act at the same time will explain this to us in these Reasons for their Tax Cap. 13. Besides the great and perpetual Honour which it hath pleased God to give your Majesty abroad in making you the principal Support of all Just and Religious Causes against Usurpers Besides the great Succours in France and Flanders which we do conceive to be most Honourable in regard of the Ancient Leagues the Justice and Equity of their Causes And to the same purpose again the Temporalty 39 Eliz. Cap. 27. This Land is become since your Majesties Happy days both a Port and Haven of Refuge for distressed States and Kingdoms and a Rock and Bulwark of Opposition against the Tyrannies and ambitious Attempts of Mighty and Usurping Potentates Neither are the Clergy in their Subsidy-Act 43 Eliz. Cap. 17. at all behind them either with their Money or Acknowledgements For who hath or should have a livelier Sence or better Remembrance of your Majesties Princely Courage and Constancy in Advancing and Protecting the free Profession of the Gospel within and without your Majesties Dominions than your Clergy So that if the French and Dutch Protestants were Rebels in their Resistance then the Church of England quite through Queen Elizabeth's Reign by their Assisting of them involved themselves in the same guilt For it had been utterly Unlawful and a horrid Sin to assist Subjects in the Violation of their Duty and Allegiance and to aid them in Resisting the Ordinance of God. But this being too absurd to be believed of Confessors and men who had hazarded their Lives for the Protestant Religion it is plain that they held Resistance to be lawful in these Cases And they have declared their Opinion in this matter where it was fit to be declared in Acts of Parliament though it be not to be found in their Catechism So that if they who hold the same Opinion be in an Error they have erred with their Fathers they have erred with the Church of England and they have erred in good Company FINIS LICENSED LONDON Printed for I. Watts at the Angel in St. Paul's Church-Yard 1689.