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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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Forces to their aid and assistance She did the like by sending Succours to the Scots whereby she delivered them from Slavery and Popery against Mary Queen of Scots and the Guises So she did most earnestly mediate and interceed by Letters and Embassies with the King of Spain who had violently Tyrannized and Oppressed the Netherlanders by his bloody Edicts both in their Laws Liberties and Religion and not prevailing she sent them Mony and Arms and took them into her Protection by which she relieved and established them in that flourishing Condition they now are in both able and willing gratefully to return the same Kindness to this our Kingdom in her great distress by the like bloody Papists In which she had not only the Judgment and Assistance of her Parliaments but their Purses also And also the Opinion and Approbation of her Clergy in their Convocation with their Subsidies all which they would not have done if they had held all Resistance unlawful And sure this Historian will not deny that the Queen and her Parliaments and Convocations were true Church of England Men so he may make it the Corner-Stone and distinguishing Character if he please of a true and of a mungril Church of England Man And if he do I doubt he will approve himself no Nathaniel no true Church of England Man. To what then doth all this Bravado of Articles Canons Homiles Liturgies c. tend but to the bespattering of the purest Church in the World with such Doctrines as she is no ways guilty of and to introduce and usher in Popery again which was rushing in upon us with a mighy torrent by the slight of such prevaricating wits that lay in wait to deceive until his Majesty did Abdicare se magistratu but thanks be to God we are not such Children as to be tossed to and fro and carried away from the Truth with such cunning Craftiness Happily King James I. if consulted may be found to favour the same Opinion when in his Speech in Parliament 1603. declares himself to be a Servant and that as he was Head and Governor of all the People in his Dominions who were his natural Vassals and Subjects considering them in Number and distinct Ranks but considering the whole People as one Body and Mass then as the Head is ordained for the Body and not the Body for the Head so must a righteous King know himself to be ordained for his People and not his People for him and therefore professeth that he will never be ashamed to confess it to be his principal Honour to be the Servant of a Commonwealth and ever to think the Prosperity thereof to be his greatest Felicity And in his Speech at White-hall Anno 1609. March 21. saith That every just King in a settled Kingdom is bound to observe the Paction which God made with Noah after the Deluge therefore a King leaves to be a King and degenerates into a Tyrant as soon as he leaves off to Govern by his Laws as the poor Widow to Philip of Macedon Either Govern according to your Laws Aut ne Rex sis Therefore all Kings that are not Tyrants or Perjured will be glad to bound themselves within the limits of their Laws And they that persuade them to the contrary are Vipers and Pests both against them and the Commonwealth Which Premisses do naturally yield this Conclusion without wresting viz. That Kings not Governing according to their Compact and Laws made by their Subjects are Perjured and become Tyrants and may be curbed opposed and withstood Thus much only by way of Specimen to incourage other more learned Pens to make farther proof it being every Mans Duty to contribute what he can towards the support of that Government under which he lives no Government being obliged to support those who will not support it which incourageth me to cast in my Mite also and the rather because I observe some Prints so virulent as to ill-characterize the greatest Wisdom and wisest Men of the World and to make common Sense and truest Equity and the most undoubted Right of the whole World Treason and Rebellion and so to be owned and practised in Extremities by all Nations Vim vi repellendo Which being always to be understood of unjust Force the Defence must be just and it 's impossible to be made either Treason or Rebellion by any other Law than that the Foxes Ears were Horns And others would make this wild conjecture of Passive Obedience without reserve as the Corner-Stone and distinguishing Character of the Church of England from all other reformed Churches which deserves a Sponge and Reprimand and not an Answer AN ADMONITION TO ALL Christian EMPERORS KINGS PRINCES c. ALL Emperors Kings Princes and Governors ought most seriously to consider That tho' by the Providence of God and good will and choice of Men they are set on high yet they are not Kings and Lords and Princes in their own right and in such manner as that they are not obliged to acknowledge a Superior Dominion What are they but Vassals to God by whose Providence they hold their Crowns and Scepters Lives and all by fealty and homage And what are they but Administrators and Trustees of the Governed to see the Laws made by them indifferently and equally executed for the Peace and Happiness of whole Kingdoms And who knows not that in recompence of their Care and Pains that this is one of the chief Conditions or Laws of Subjects that they do Support their Kings and Governors and that they keep Fidelity with and pay Tribute Reverence and Service unto them So strict is this Obligation that in all cases of danger Subjects are bound to aid and assist them and to yield all the Duties of Honour Friendship Reverence and Respect and to take up Arms on their behalf against their very Bretheren and Children and to pay them Tribute for their Grandeur and Support where Faith and Honour are concerned an Eternal blemish will remain on the violation thereof If they offend their Kings by unjust contrivances and blemish their Dignity and Honour by unjust aspersions if they plot contrive and wage War unjustly against them if they desert them in a time of danger if they treacherously conceal any that endeavour to kill imprison or damnifie them if they do not deliver them when in danger if it be in their power to do it they are then guilty of Treason Seeing therefore Kings require so much Fidelity from their Subjects for defending their Persons States and Dignities who are but Men on both parts in how much greater Obligations and under what severer Penalties are Kings themselves bound towards the giver and bequeather of their Crowns and Scepters for the defence of his Kingdom and People against all Rebels and Traitors to his and their Laws But ah the misery of human blindness All Princes are ready to cry out that when any Man becomes guilty of such breach of Faith towards them it
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
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
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
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
of the Lord renewed the Covenant viz. If yee will fear the Lord and serve him and obey his voice and not rebel against the Commandment of the Lord then shall both yee and also the King that reigneth over you continue following the Lord your God. But if yee shall still do wickedly yee shall be consumed both you and your King 1 Sam. 12. 14 15 25. By wickedness in this place is most especially meant in that they had rejected the Government which God himself had appointed as best for them and chose a King to be set over them and we rebelled against God. The reason assigned is because they were God's own peculiar People hereby it 's manifest that both King and People were both equally joined in the Stipulation So Asa King of Judah by the Prophecy of Azariah the Prophet congregated all the People viz. Judah and Benjamin where were also many of Ephraim Manasseh and Simeon and made a solemn Covenant to seek the Lord God of their Fathers with all their heart and with all their soul that whoever would not seek the Lord God of Israel should be put to death whether small or great man or woman 2 Chron. 15. 12 13. Deut. 13. 9. 17. 7. Here you see the King himself is not exempted These Examples with those before and those that follow will justifie this Kingdom in all that they have done to free us from unreasonable and cruel Men and Popish Tyranny and also the Auxiliary Expedition of the Prince of Orange to be the most glorious and most righteous Action that ever Prince undertook because he came to help the Lord against the mighty who both at home and abroad had in their imaginations and endeavours designed the Inslaving of all the Protestants of Europe which Action God hath hitherto signalized by prospering his Arms with very little Blood. Whoso is wise and will observe these things shall understand the loving kindness of the Lord Psalm 107. CHAP. X. Whole Kingdoms and Nations have Power to reform Faith equally plighted between King and People ought equally to be kept Care of Religion Peace Justice Safety Liberty c. are incumbent on all the People especially on the Ordines Populi The common and true Cause of Rebellion is abuse of Power not Disobedience to the lawful Commands of Kings Obedience to unjust Commands of Cesars is sin and to assist in such is to make themselves Participes Criminis Opposition to Popes or Kings tyrannizing is not Rebellion against Christ's Vicars or Vicegerents but opposition to wicked Men acting wickedly Defensive Arms justified by Authorities NOW who should have Power to reform things done amiss by Kings but all the People to whom he hath sworn as solemnly as they to him and both to God Almighty who is witness between them So Josiah the King with the Priests Prophets and all the People both small and great went up into the house of the Lord and made a Covenant before the Lord to walk after the Lord c. and all the People stood to the Covenant 2. King. 23. 2 3 4. Why should the Common consent of all the People be so solemnly required Why should Israel and Judah be so strictly obliged to the observation of Gods Holy Laws and Commandments Why should they so sacredly promise to be the Lords People unless Power and Authority were given to them also to free themselves from Covenant breaking and from Perjury and to defend Holy Church Wherefore was a Covenant made with the People that they should be the People of God zealous of good Works if they must obey the unjust Commands of Kings it may be to worship strange Gods or to permit monstrous sins to reign among them if it be not lawful to put to their assistance and endeavour to hinder and reform And why should they be blamed or Judgments poured upon them if they have no Power from on High to perform what was so solemnly required and so solemnly promised that God should so solemnly require their Vow and Promise and yet not give them Power and Authority to perform is monstrous to conceive God never requires more than he gives Brick without Straw that is the Property of Pharaoh and his hard Task-masters It s much more agreeable to truth that all Covenants of like nature and purport are equally obliging both to King and People and the care and Authority of each over the other for adjusting of performances is reciprocal and equal it being a Gospel Principle That Gods peculiar People which are his true Church ought to be sollicitous not only to abstain from evil themselves but also to prevent it in otheers A notable Example whereof is before mentioned in the People of Israel Josh 22. who out of abundant Caution minding the Concerns of their Brethren as their own when they heard that the Reubenites Gadites and half the Tribe of Manasseh had erected an Altar not for worshipping as they truly protested but for memorial and witness So fearful they were of Gods Wrath falling on them that they soon dispatched an Embassy to their Brethren to prevent their sin as before Hence it is that the Prophets of old standing in the Gate of the Children of the People whereby their Kings came in and by which they went out did so often put them in mind of their Duty and of keeping Covenant and not only that they should not sacrifice to Baal but that they should destroy both Baal and his Priests and root them out of the Land whether the King will or no for when Ahab had killed the Prophets of God Eliah the Prophet congregated all Israel not tumultuously but by publick Authority and common consent unto Mount Carmel and the Prophets of Baal Four hundred and fifty and the Prophets of the Grove Four hundred which did eat at Jezabels Table and had convinced them of their Idolatry and to be false Prophets the People at his command killed them all at the Brook Kishon 1 King. 18. whereby it appears that the King neglecting his Duty all Israel as obliged ought to discharge theirs On the contrary as often as Kings violated their Covenants or profaned the Worship of God and the People of Israel as we said before of Covenants where the breach of one party manifestly prejudiced the other Covenanters threatning Ruin and Destruction to the Innocent through Negligence sinful Connivance or any other sinister By-end or Respect did not restrain him their Judgments came also upon the People as well for their non-performance as on Kings for theirs which mostly hapned for that the People are more apt to follow the Examples of their Kings than to repent and amend or mind him of the Errors of his ways Wherefore did the Hoast of Israel with Saul and his two Sons fall down slain in Mount Gilboa by the Philistines 1 Sam. 31. Would God think you revenge the Sins of the King upon the People if innocent Far be it from the Judge of all
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