independency examined, vnmasked, refuted, by twelve new particular interrogatories: detecting both the manifold absurdities, inconveniences that must necessarily attend it, to the great disturbance of church, state, the diminution, subversion of the lawfull undoubted power of all christian magistrates, parliaments, synods: and shaking the chiefe pillars, wherwith its patrons would support it. / by william prynne of lincolnes inne, esquier. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) independency examined, vnmasked, refuted, by twelve new particular interrogatories: detecting both the manifold absurdities, inconveniences that must necessarily attend it, to the great disturbance of church, state, the diminution, subversion of the lawfull undoubted power of all christian magistrates, parliaments, synods: and shaking the chiefe pillars, wherwith its patrons would support it. / by william prynne of lincolnes inne, esquier. prynne, william, - . p. printed by f.l. for michael sparke senior, and are to be sold at the blew-bible in green-arbour., london, : . annotation on thomason copy: "sept: ". reproduction of the original in the british library. eng church polity -- early works to . government, resistance to -- religious aspects -- early works to . independent churches -- england -- early works to . congregationalism -- early works to . great britain -- church history -- th century -- early works to . a r (thomason e _ ). civilwar no independency examined,: vnmasked, refuted, by twelve new particular interrogatories: detecting both the manifold absurdities, inconvenience prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion independency examined , vnmasked , refuted , by twelve new particular interrogatories : detecting both the manifold absurdities , inconveniences that must necessarily attend it , to the great ▪ disturbance of church , state , the diminution , subversion of the lawfull undoubted power of all christian magistrates , parliaments , synods : and shaking the chiefe pillars , wherewith its patrons would support it . by william prynne of lincolnes inne , esquier . rom. . . be of the same minde one towards another : minde not high things , but be contented with meane things : be not wise in your owne conceits . pet. . . likewise ye younger , submit your selves unto the elder ; yea all of you be subject one to another , and be cloathed with humility : for god resisteth the proud , and giveth grace to the humble . ephes. . , . henceforth be no more children , tossed to and fro , and carried about with every winde of doctrine , by the slight of men , and cunning craftinesse , whereby they lye in wait to deceive : but speaking the truth in love , grow up into him in all things , which is the head , even christ . london , printed by f. l. for michael sparke senior , and are to bee sold at the blew-bible in green-arbour . . independency examined , unmasked , refuted , by twelve new particular interrogatories . courteous reader , it being expected by some , that i should ( upon second thoughts ) render ) a more particular account of my disapprobation of the independent platforme , then i have lately done in my twelve considerable serious questions touching church-government , wherein i propounded my reasons against the same , but in a generall manner : i shall for thy further satisfaction , and our churches peace ( most necessary and desirable in these dangerous times ) propose by way of interrogation , my more particular exceptions , against this new form of government , with all ingenuity and freedome , without reflection upon any particular persons , or just disgust ( unlesse * truth displease ) to those who are contrary-minded : my only aim being to convince , reconcile , not irritate or disaffect them . the reason why i thus write by way of question , not descision , is , because ( for ought i finde ) the independents have not yet dogmatically , in direct termes ▪ discovered to the world the ful truth of what they assert , but politikely conceale the principall grounds , and more deformed parts of their church-platforme , till a further opportunity , for feare their very discovery at the first should cause their new building to miscarry . whereupon i have rather chosen to pump out their determinations by the ensuing questions to avoid mistakes then to refute them upon ba●e conjectures ; following the apostles seasonable advise , thes. . . prove all things , hold fast that which is good . . whether the independent former of church-government , now so much contended for as the a only church-government of divine institution , which all ( say they ) are bound to submit unto , be anywhere to be found in the old or new testament ? what texts or presidents ( if so essentiall and necessary as it pretended ) doe either directly prescribe or delineate it unto us ? vnder what dark cloud or vaile hath it layn totally obscured , for hundreds yea thousands of years that it never appeared in any church nation , republike in the world from adams dayes till ours ? and whether it be yet so clearly revealed to those who pretend best knowledge of it , as to be positively resolved on amongst them what it is , or what the benefits or mischiefes of it may prove to be ? if not , i shall conclude of this new-government , as our saviour doth in his parabolicall speech concerning new-wine , b no man having drunke old wine streightway desireth new for he saith , the old is better : old presbytery , old unlordly episcopacy , are ( no doubt ) far better for us then new independency . . whether some independents do not extraordinarily eclipse , impeach , if not absolutely deny and subvert the lawfull power of civill magistrates , all former parliaments ▪ and the present too , in all matters of church-goverment and potlesiasticall affaires , contrary to their solemne covenant and protestations , ●o defend the ancient priviledges & authority of parliament , and even quite blow ●p all their ecclesiastick authority ( by a new kinde of gun-powder ) at one breath : yea lay most foul , scandalous , uncharitable censures upon the honourable members of this parliament , who deserve far better language from them ▪ witness this most observable dangerous passage , lately dropped from their pens , in a reply of two of the brethren to a. s. ( newly printed ) pag. , . thirdly , if the law of the state be the first and most considerable band or tye upon men , to submit unto the power of your combined eldership , ( as you seeme here to imply , in saying , that all men and all churches thereof are bound by law , &c. ) then you must acknowledge , that the root and base of your government is * potestas secularis , secular authority : and then how is it ecclesiastick or spirituall ? a man may as well bring a cleane thing out of an uncleane ( in jobs expression ) as make a spirituall extraction out of a secular root . secondly , it will rest upon you to prove , that the civill state hath a power to forme and fashion the government of the churches of christ . yea , thirdly and lastly , it will be demonstratively proved against you , that you resolve the government of the churches of christ ( in the last resolution of it ) into the humours , wills , and pleasures of the world , yea of the vilest and most unworthy of men . brethren , bona verba quaeso : is this your printed , publike , avowed language of parliaments and the members of it , even to the very face of the most religious , best-deserving parliament that ever sate , which hath been most indulgent to you hitherto ? is this your so much boasted c preaching , writing , fighting for the priviledges and rights of parliaments , which ever since the first planting of religion among us to this present , haue framed and fashioned the government of our churches in all ages , as i can demonstratively manifest by good antiquities ? certainly this language of yours ( with sundry other like passages in this your much-applauded d reply ) cause intelligent men to suspect , that the designe of some of your party is , to hugge embrace the parliament , in shew , just as the yvie doth the tree , thereby to advance your selves ( the onely absolute ecclesiasticall dictators , law-givers ) and your independent churches by degrees above the parliament , and then to over-top , suppresse its power in the end ; or else to ruine it & us for the present , by endeavouring to raise schismes among us , both in parliament , city , country , and our armies , because they now discerne the major part of both houses and the synod inclined against your independent novelties . if this be the accursed project of any of you , ( for i dare not harbour so ill a thought of the greatest part ) the lord will both discover and avenge it to their infamy , in due season : in the meane time , to answere the substance of this most derogatory scandalous passage against parliaments ; i sadly referre it to all rationall mens judgments in the world , whether a parliament of the most eminent , religious , learned , grave , zealous wisest peeres and commons of this realme ( the representative body and grand councell of the kingdom ) assisted with the advice judgment of an assembly of the most orthodoxe pious consciencious ▪ learned ministers in our church , specially selected for this purpose , & of the chiefest of your independent party ▪ be not more fit to form , & fashion the government of the churches of christ , and better able to resolve , determine upon long and serious debate , what church-government is most agreeable to the word of god , and fittest for every particular parish-church throughout this island , for the advancement of gods glory , the peoples salvation , the generall peace and tranquillity of church and state then any one or two independent ministers , with five or sixe of their illiterate , impolitick , and perchance inconsiderate members ( to use no harsher epithite ) assembled in a private conventicle , can doe in two or three houres space ? and whether it bee meeter that these should prescribe a church-government , discipline to themselvs the parliament , synod , and whole kingdome to boot ; or the parliament and assembly to them , who deeme themselves e wiser , holier in their owne vaine conceits , then a thousand parliaments , synods put together ? i doubt not they wil all confesse , that in their congregationall debates about any point of order , discipline government or doctrine , in any of their independent churches , the f major voice or party ought to over-rule and binde the lesse ; and if so , let them yeeld me a solid reason , when they are able , why the ecclesiasticall constitutions , resolutions , orders , edicts of the greatest part of an whole nationall parliament , synod , kingdome , should not much more binde both them and all their independent churches as well as others , as they have ever hitherto done ? and why a combined presbytery , of many , learned ministers , lawyers , gentlemen of best judgment , quality , should not be fitter to decide all church-controversies and affaires of moment within their prefixed limits , by generall laws and canons setled in parliament by common consent , then any independent or popular tribunall of lesser judgement and experience , by their owne arbitrary privat edicts ? else they must deny what the holy ghost informs us , g that two are better then one ; h that in the multitude of counsellours there is safety : or that the pious i kings in the old testament , or a nationall councell , or parliament of their princes , nobles , elders , captaines , and people of best quality , had any lawfull power to reforme or settle all weighty ecclesiasticall church-affaires ; as they ever did by gods owne command and approbation . . whether it be not the independents professed tenet , if truely and positively laid downe , that * every minister hath a divine right and liberty , to gather to himselfe an independent church , not of pagans , infidels converted by himselfe alone , but of all the eminentest christians formerly converted , and regenerated by the ministry of others ( especially if rich or potent persons , able to give them large contributions and support ) who shall voluntarily submit themselves to his ministry , and such a church-government as he shall dictate to them : though by our established lawes and customes , ( which our solemne vow and covenant obligeth us to maintaine ) they be parishioners to twenty other godly ministers , by whose ministry they were first regenerated and built up in grace ? that every christian hath a free liberty , by the law of god , to unite himselfe to what independent congregation hee pleaseth ; the husband to one congregation , the wife to another , the children to a third , the servants to a fourth ; nay , every distinct person in a family to a severall church , ( and that not onely without , but against the consents of their owne magistrates , ministers , husbands , parents , masters , who have no jurisdiction ( as some say ) over their consciences herein ; so as one great family shall be divided into members of twenty or thirty severall independent churches , if they please , and those perchance different one from another in their government , opinions , discipline , ceremonies ? that those whose consciences or judgments will not permit them to joine with their independent churches , ( which they * professe to be canonicall ( though guided by no canons ) and of divine assertion , denying all other church-government to be so ) must be wholly excluded ( as heathens and reprobates ) from being members of any church ; or rather ( by the self-same christian liberty as independents plead for ) they may unite themselves into presbyteriall or hierarchicall churches , or what other forme they please to elect : and so we shall have an independent church-government in one part of a family , parish , town , county , kingdom ; a presbyteriall in another ; an episcopall in a third : and by this means if the husband bee a great stickler for episcopacy , and member of a prelaticall church ; the wise a fierce zealot for independency , and a member of such a congregation ; the children or servants stout champions for presbytery , and members of such assemblies , what confusion distraction , implacable contestations , * schismes , tumults this licentiousnesse ( for i cannot stile it freedome of conscience ) would soone inevitably engender in all families , villages , cities , counties , kingdomes , to their utter ruine and desolation , the meanest capacity may with ease divine ; without the help of an oracle . however , it would unavoidably subvert all ancient bounds of parishes , all setled maintenance for the ministry by tithes or otherwise and put all ministers into the condition of friars mendicants , to live ( as independents do ) upon the almes or voluntary contributions of their severall congregations , to whose humours , errours , opinions , they must either readily conforme , or else starve for want of subsistence , in case of their displeasure , being subject to casheering upon every small dislike . . whether independents must not necessarily grant from their owne principles , that as every minister hath free liberty to congregate what church hee pleaseth , of men suitable to his own opinions , practise ; so also particular persons have a like liberty to unite themselves together into a church , to elect what minister they thinke best , and prescribe to themselves what government they shall conceive to be most sutable to the scriptures ? and if so , then every man will * heap to himselfe teachers , and erect churches after his own lusts : meer papists ▪ and popishly affected persons , will set up popish churches and priests ; arminians , arminian churches and preachers ; anabaptists , anabaptisticall ministers and assemblies ; arrians , anti-trinitarians , such conventicles and pastors ; libertines , a licentious church and ministry ; yea , every heretick , sectary , or guidy-pated enthusiast , upon pretext of new revelations and discoveries of concealed evangelicall truths , ( though when exactly scanned they may oft times prove old errors or meer diabolicall delusions ) will erect new independent churches of their own ( and that for succession and perpetuity to the perverting of infinit soules ) , uncontroulable , unsuppressible by any ecclesiasticall or civill authority : and thus in few moneths , or yeares space at least , through satans instigations , our owne depraved judgments , ( a verse to unity , piety , purity , but † prone to errour , heresie , schismes , lyes yea lying phantasies ) and through defect of a severe coercive power , in ecclesiasticall synods-parliaments , temporall magistrates , ( who as * some new independent lights informe us , have no coercive power to suppresse these springing heresies , but onely by a non-communion with or refuting them by the word to which they will obstinatly * refuse to hearken , as deeming their own opinions most divine : ) we shall have almost as many severall heresies , sects , churches , as there are families , persons ; ( quot homines tot sententiae , tot ecclesiae : ) yea , if they thus admit every minister , or secular person , to have a divine right , freedom , to set up such an independent church and government as he pleaseth ; then by the self-same reason , they must have a like liberty to elect erect , what civill forme of government they please ; to set up a new independent republike , corporation kingdome , magistracy , in every family , parish , city , county , and to cast off all former civill governours , governments , lawes at pleasure , as well as ecclesiasticall ; there being the selfe-same grounds both of obligation , obedience to , and exemption from the one as other . and if men by their christian liberty shall thus be wholly exempted at their pleasure , as well from all temporall as ecclesiasticall lawes and formes of government , ( as grant me but the one , they must of necessity yeeld the other ; the same texts , reasons obliging us equally in both , and * kings , parliaments having the self-same jurisdiction in and over all † ecclesiasticall matters , which are not positively of divine institution and injunction , as in and over temporall ) what an anarchy and ataxy this will suddenly introduce , to turn all kingdomes , republikes , nations , corporations , churches , families , and the world it self , quite upside down , and ruine them by schisms ; i tremble to imagine . . whether the minister alone , or the congregation without the minister , or both conjoined , have power in their independent churches to make and prescribe particular formes of church-covenants , orders , conditions , to all who are or shall be admitted members of their new erected congregations ? if the minister alone , without the people , ( which i suppose they grant , because he is the principall actor in gathering their new churches to himselfe , and the sole person who must first admit them to be members of his flock , upon his own conditions : ) i would then demand ; whether every independent minister arrogates not as much or more power to himselfe , in making , prescribing lawes and covenants to his congregation by his own inherent authority , without consent of king , parliament , synod , or people , as the pope himselfe usurpeth , and farre more power , authority , then independents either do or dare ascribe to christian princes , magistrates , councels , or the parliament ? to all and every of which they absolutely * deny any power of making or prescribing ecclesiasticall lawes , covenants , canons , to binde them , or their independent churches or any members of them ; yea any sufficient coercive power to restrain or punish hereticks , schismaticks , or broachers of heterodox novell opinions , to disturb the churches or republikes tranquillity . if the people alone without the minister , or both conjoyned , then you invest every independent conventicle , consisting of never so few inconsiderable ignorant members , with a greater legislative power , and ecclesiasticall authority , then you allow to whole nationall parliaments , councels , consisting of most eminent , learned , pious persons of all sorts ; who by your new doctrine have no jurisdiction at all to make or enjoyne any forme of church-government , covenant , ecclesiasticall lawes or canons , to any particular churches : as if the eminentest ministers and members of churches , by becomming members of parliaments or councels , did thereby forfeit and lose the right or exercise of that power , in those great representative bodies of the whole kingdome and church of england , which you readily allow both them and others in every private church or conventicle : a most strange and senselesse whimsie . . whether it be lawfull or justifiable by the word of god , for any independent minister of england , contrary to the lawes of the realme and inhibitions of parliament , of his owne bare authority to congregate and erect an independent congregation ; or to prescribe a particular forme of church-government , together with a church-covenant ( in nature of a solemne oath ) to which euery particular member of his new congregation must subscribe before admission into his church ? whether there bee any the least precept , president in scripture , or antiquity to warrant such an irregular usurped authority and power among christians ; which the verie apostles themselves never claimed ? whether all the particular churches in any nation , kingdome , city , republike professing the same orthodox faith , though divided ( for more conveniency ) into severall congregations , be not all members of , and constitute but * one intire nationall church , or common christian society , as they did at first , before thus multiplied , augmented ? ( even as all the particular houses , parishes , societies in london are members of and make but one city and corporation ; all the families , parishes , townes , counties in england , but one kingdome or republike ; and as all particular and nationall churches in the world , make up but one entire catholike militant church : ) whence both in scripture phrase , and common speech in all authors . languages whatsoever , they are commonly called by the name of one church , in the singular number ; as , the church of england , france , scotland , ireland ; the eastern , westerne , greeke , latine church ; the church of the jewes , gentiles , &c. and if so , then let our independents shew me , if they can , the least colour of scripture or reason , why the parliament and assembly ( chosen to assist them by publike consent ) representing our whole church , state , may not as lawfully set up and prescribe a new church-government , discipline , lawes and canons , agreeable to and not discrepant from gods word , to binde all particular churches and persons within our realme , as well as pull downe and demolish the old , or make temporall lawes and ordinances to binde all persons , societies , members of the realm , ( and independents too as well as others ) both to obedience and punishment ; or else for ever disclaim their new-minted government , their declamations , arguments against the power of nationall synods parliaments in ecclesiastical matters and church-government , as most ridiculous and absurd . . whether the members of every independent church , may at their owne free liberty , when ever they please , desert their owne particular church , and become members of other independent or presbyteriall congregations , without the licence or dispensation of their owne church or minister first obtained ? if yea , then why oblige they them to the contrary by particular church-covenants ; or refuse to admit any members of one independent church into another , without such consent or licence first obtained ; or at least repute it a grand injury in that church or minister who admits them ? ( especially if they be wealthy members , for some say poore ones , and persons of meaner condition , are not much regarded by independents , no more then poore or contemptible offices . ) if nay , then by what law or conscience doe , or can they congregate their independent churches out of twenty or thirty severall parishes and congregations , not onely without any authority of the state , or licence of the ministers or whole churches in those parishes ; but even against their expresse wills and desires ; yet thinke they doe god good service ; these ministers , parishes , no injustice by it , though it be directly contrary to their owne principles , and these common dictates of god and nature ; quod tibi non vis fieri alteri ne feceris : and , * all things whatsoever ye would that men should doe unto you , doe yee even so unto them , for this is the law and the prophets ? . whether independents peremptory refusall , to admit any to be member , of their churches , to receive the sacrament of the lords supper , or to have their children baptized among them , unlesse they will first subscribe to such particular church-covenants ; orders as they shall prescribe ; and their rigid excommunication , rejection of such members who have taken their covenants , in case they subscribe not to all their further dictates and opinions , without any re-admission , till they shall promise an universall conformity in opinion and practice to whatever is required by their independent minister or congregations ; be not an usurpation of as great yea greater coercive power over the consciences , persons of christians , as presbyterians , parliaments claime , or as the bishops themselves in the height of their pride and tyranny ( as bishops ) ever challenged or usurped ? notwithstanding christian liberty of conscience , in opinions , practice , ( which they pretend to leave arbitrary to every mans free election ) be the principall pillar to support , the sweetest inescating bait to entice men to embrace their independency ? if they say , they imprison enforce no mans person or conscience , but leave all persons , consciences free : i answer , that the excluding men from their church-assemblies , sacraments , christian communion , yea their very innocent infants from baptisme itselfe in their independent churches , unles they will conforme to their arbitrary church-covenants , dictates , prescriptions ( warranted by no scripture or divine examples ) is a farre greater * greivance , violence , coertion to the persons , conscience of christians , then all imprisonment , racks and corporall tortures in the world : yea an unjust exclusion of them from that undoubted right to the ordinances and church of christ wherewith god himselfe hath invested them . . whether independents refusall to admit such christians , who are not notoriously scandalous in their lives , nor grossely ignorant in the principles of religion , to the sacrament of the lords supper , when they earnestly desire to receive it , or professe a cordiall present remorse of all their former sinfull courses , with an unfained resolution to live a pious holy life for the future , onely upon this suspicion or apprehension , that they are but carnall men , not truly regenerated or sanctified by gods spirit , ( though they cannot certainly judge of their present spirituall conditions , † infallibly known to god alone ) be not a very uncharitable , arrogant , yea unchristian practice , contrary to our saviours owne immediate example , who at the first institution of this sacrament admitted * judas to his last supper as well as his fellow-disciples , though he certainly knew him to be both a traitor and devill ; opposite to the injunction of † paul himselfe , who though he disswades unworthy receivers from eating and drinking the lords supper without due preparation and examination , for feare of eating and drinking damnation or judgment to , and drawing downe temporall diseases on themselves ; yet he simply excludes none from receiving it , at their owne perils , who are willing , or desirous to participate of it , nor gives any authority to ministers absolutely to seclude them from it , unlesse excommunicated and notoriously scandalous . and whether their present deniall to administer the sacrament in their churches to those who are truely religious , earnestly longing even frequently to receive it for their spirituall comfort , according to christs own institution , only for fear lest some unregenerate persons should communicate with them , and depriving their whole congregations of this most comfortable necessary ordinance for sundry months , nay yeares , ( as some have done ) upon this groundlesse , unwarrantable reason● , refuted by christs owne example , who administred the sacrament to the other disciples though there were a judas amongst them ; by the practice , doctrine of paul himself cor. . . to . and the usage of all christian churches throughout the vniverse , be not an over-rigid , uncharitable , unjust ( that i say not impious ) action , injurious to christ himself , to the soules and spirituall estates of those good christians secluded from the sacrament , and a more transcendent strain of tyrannicall usurpation over the soules , the consciences of christians , and ordinances of god himself , than ever our most domineering lordly prelates exercised , or any presbyterians have hitherto pretended to lay claim unto ? if this proceed not from a domineering spirit , and be not an excessive * lording of it over the lords inheritance , yea over christ himself in this his ordinance , i professe i am much mistaken : yea , i feare this spirituall pride and excessive uncharitablenesse of some , who take upon them by their owne inherent power to erect new congregations , and set up new formes of church-government , discipline , &c. in christian states , churches , already planted , without , yea against their parliaments , or † christian magistrates authority , when as the very apostles did never by their owne ordinary jurisdiction , as private ministers , but onely by their extraordinary calling , as apostles ; or in and by their canonicall epistles , dictated by gods spirit prescribe any matters of church-government , discipline , rites , or order to the particular churches first gathered and planted by themselves alone , as is evident by acts , . to . c. . , . tit. . . cor. c. . & . & . & . c. . . . jam. . . . c. . . . . . except in and by a publike synod , acts . ) and thus debarre others from the sacrament , as unmeet receivers , upon such unwarrantable grounds , do make themselves far more uncapable , unmeet to receive it , than those they thus exclude . . whether that noted text of matth. . , , . if thy brother shall trespasse against thee , goe tell him his fault between thee and him alone ; if he will heare thee , then thou hast gained thy brother : but if he will not heare , then take with thee one or two more , that in the mouth of one or two witnesses every thing may be established . and if he shall neglect to heare them , tell it to the chvrch ; but if he neglect to heare the chvrch , let him be to thee as an heathen man and a publican ; be meant of any independent or ecclesiasticall consistorie , excommunication , or church-censures properly so called ? or not rather of the iewish synedrium , councell , or civill court of justice , and of a civill excommunication , like to an outlawry at the common law , as * mr selden with others more t●uely interp●t●t ? since our saviour speaks there , . of a private trespasse done to a private person , of which no church , classes , or ecclesiasticall consistorie , hath proper conusance ; not of a publike scandal to the congregation , or any scandalous crime or vice as is evident by the very first words , and by luk. . , . compared with ●●n ▪ . . king . . . of a demand of private satisfaction , first personally , next in presence of witnesse , before any complaint to the church or councell . . of no censure or judgment passed , but barely of an admonition given by the church to the partie offending ; which if neglected and not heard , then . not the church , councell , and all other persons , but onely the partie offended was to repute ( but not excommunicate out of the church or congregation ) him as an heathen , and a publicane , ( which were both odious to the iewes , who had no civill conversation with them , and were no members of the iewish church except proselites ) as the expresse words , let him be to thee ( not any others ) as an heathen and a pulican , ( that , is converse no more with him , but avoid his company , thes. . . ) resolve , which reasons , compared with matth. . , . c. . . c. . . c. . . c. . , . acts . , , , , . c. . , . c. . . c. . . , . c. . . to . c. . & . infallibly evidence , the church or assembly in this text to be meant onely of the temporall court , councell , or sanhedrin of the iewes , not of any ecclesiasticall or church-iudicatory , or excommunication , as papists anciently , with some others now determine . . whether the apostles and members of the first evangelicall synode , we read of acts . sate and voted in it as apostles onely , indued with a spirit of infallibilitie ( which was a peculiar priviledge to them alone , ) or else in their ordinary capacity , as elders and chief members of it ? if as apostles only , and in that extraordinary capacitie , as * independents assert : then . paul and barnabas being apostles as well as they , might have decided that controversie at antioch , without sending to jerusalem to determine it : . the church at antioch would have sent to none but the apostles to resolve their doubts , and not to the elders at jerusalem as well as to the apostles , as they did vers. . thirdly , paul and barnabas would have put the question to the apostles onely , not to the elders and church as well as to them , which they did vers. , , . fourthly , the apostles would not have called a synod of all the apostles elders and brethren at jerusalem to consider of or consult about this thing vers. . but have determined it presently by their infallible spirit without consultation , or a synods assistance . fifthly , peter and james would not have argued the case so largely , and proved it by arguments and scriptures as they did , one after another , vers. to . but have peremptorily resolved it without dispute , had they sate and determined it by their extraordinarie infallible power . sixtly , the finall resolution , letters , and canons of this synod had run onely in the apostles names , had they proceeded onely by their apostolicall infallible authoritie , and not in the names of the elders and brethren too , ( coupled together with theirs both in the letters and canons , vers. , , , , , . c. . . c. . . . ) who were not all endued with the self-same infallibility and power as the apostles were , for ought can be proved ; therfore their assembling in this councell , not in their extraordinary capacity as apostles only , but as elders , ministers ; and the elders , brethrens sitting together in councel with them , upon this controversie and occasion , is an undeniable scripture-authority for the lawfulnesse , use of parliaments , councels , synods under the gospel , upon all like necessarie occasions ; and for their power to determine controversies of religion , to make canons in things necessary for the churches peace and government , ( there being no one place in scripture against it , but many texts in the old testament to backe it , elsewhere quoted ) mauger all evasions , exceptions to elude it . . whether the temporall magistrate , parliament , and civill state , have not a lawfull coercive power , though * not to restraine the preaching of the gospel and truth of god , yet to suppresse , restraine , imprison , confine , banish the broachers of any heresies , schismes , erronious seditious doctrines , enthusiasmes , or setters up of new formes of ecclesiasticall government without lawfull authoritie , to the endangering of the peoples soules , or disturbance of the churches , kingdomes peace , as well as ministers and particular churches christians , power to * reprove , refute , avoid , excommunicate or anathematize them , notwithstanding † some independents new-minted objections against it : and that by virtue of deut. . . to . lev. . . to . num. . throughout , josh. . . . c. . . to . psal. . , . , , . king. . . king. . , to . c. . . . chro. . . . rom. . . to . pet. . . gal. . . rev. . . c. . . . cap. . . and the ten hornes ( interpreted to be ten kings v. . ) shall hate the whore ( with all her panders ) and shall make her desolate and naked , and shall eat her flesh , and shall burne her with fire : for god hath put it into their hearts to fvlfill his will , ezra . . and whosoever will not doe the law of thy god , let judgment be executed speedily upon him , whether it be unto death , or unto banishment , or to confiscation of goods , or to imprisonment , with sundry * other texts . hence * christian princes , magistrates , parliaments , in all ages and churches in the world have made severe temporall lawes , edicts against , and inflicted corporall punishment , banishment , confiscation of goods , ( and in some cases death it selfe ) upon hereticks , schismaticks , disturbers of the churches peace with erronious or seditious doctrines : which lawfull power of theirs hath ever bin asserted by the most † orthodox churches , writers in all ages , and never oppugned by any but anabaptists , who deny all civill magistrates , or such licencious hereticks , schismaticks , or false teachers , who would spread their pestilent errours , and seditious novell positions without restraint ; or durst never suffer martyrdome for , or seale them with the losse of their liberties , lives , estates , which godly orthodox martyrs and christians have cheerfully undergone , under pagan , hereticall , and popish kings , magistrates . and if we either deny , abolish , eclipse , diminish , or suspend this necessary coercive power ( the principall meanes under god to suppresse , extirpate all growing errours , schismes , which disturbe the churches trantranquilitie , seduce unstable soules ) our church and realmes will be soone overgrowne with dangerous errours , heresies , schismes , and brought to speedy desolation ; the contemptible sword of excommunication , or non-communion , and the bare preaching of gods word to obstinate hereticks , papists , schismaticks , ( who will * contemn the word , and excommunicate all other churches dissenting from them , as hereticall , schismaticall , as fast as they excommunicate or discommon them , and so propagate , perpetuate their heresies , schismes , without redresse ) being unable to suppresse such peremptory offendors , without the temporall magistrates sword of justice added to them ; who having a lawfull jurisdiction derived to them in the gospel , * to punish and suppresse all evill doers , without distinction , have doubtlesse an unquestionable authority to punish obstinate heretickes , schismaticks , false teachers , with temporall censures , who are the greatest malefactors , sinning against the word and truth of god , disturbing the peace of church , state , seducing and destroying peoples soules ; a far greater crime then to murder their bodies , or rob them of their estates . in briefe , all protestant churches whatsoever , in their publike * confessions acknowledge , that the care of preserving , propagating true religion ; of suppressing , extirpating heresies , errours , schismes , superstition , idolatry , and the fautors of them , by temporall punishments and censures of all sorts , doth principally belong to christian magistrates , kings , princes : ( which duty they can in no sort execute , if now ( with the anabaptists ) ou deny them this most just coercive power : ) that all lawfull civill magistrates and powers whatsoever , though instituted by men , are even in the new testament expresly resolved , to be the * ordinances of god , and all their just commands , lawes , edicts , ( not repugnant to gods word ) readily to be obeyed and submitted to , even for conscience , and for the lords sake , under paine of sinne and condemnation : therefore what ever our pious parliament , the supreme power , by advice of the assembly , after much fasting , prayer , disputes , advice , and serious consultation , shall order , decree touching church-government or discipline , as most consonant and not repugnant to gods word , ought in point of conscience to be submitted to by independents and all others , as to a government , discipline , ordinance approved of by god ; and if any heretickes , false teachers , schismaticks obstinately refuse conformity after due admonition , and all good means used to reclaim them the poets divinity and policy must then take place , as well in eclcesiasticall as civill and naturall maladies : * cuncta prius tentanda , sed immedicabile vulnus ense rescidendum est , ne pars syncera trahatur . deut. . . ye shall not doe after the things that we doe here this day , every man whatsoever is right in his owne eyes . finis . notes, typically marginal, from the original text notes for div a e- * gal. . . a reply of two of the brethren to a. s. p. . b luk. ● . . * i pray informe me why an whole parliament and assembly of godly christians and divines , wherein are many of your owne chiefe independent ministers , members , should be more secular , unclean , filthy , or unable to make a spirituall extraction of church-government , then one of your independent churches or conventicles ? c a reply to a. s. p. . d page . to . e pro. ●●● cap. . ● . ●●● . . 〈◊〉 . . . to . f chron. . , . act. . , &c. g eccles. . , , : h pro. . i chro. , , . &c. . 〈◊〉 . chro. ● . & . & . c. , . c. . . to . c. ● . ●isth . , . 〈◊〉 . ezra . . c. . . &c , ●eh . . , &c. * they should ●owell to define , . of how many members , every independent congregation should consist ? . within what precincts they should live ? . what set stipends they shall allow them , and how raised when ascertained ? . when and where their churches should assemble ? . who shall prescribe extraordinary 〈◊〉 of fasting or thansgiving to them upon just occasions ? . who shall rectifie their church-covenants , discipline , censures , government , if erronious or unjust ? . shew us a sufficient satisfactory commission from gods word for all they doe or desire , before they gather any churches . * reply of two of the brethren , , , &c. * cor. . . . . cap. . , . mat. . . . . * tim. . ; a proplaesse which concerns our present times . † gal. , , . c. . , , . act. . . ● thes. . . rom. . . c. . . tim . , . tit. . * reply of two of the brethren pag. . ● . * tim . * see chro. . to . chro. . & , & . c. . . to c. . to . c. . . c. . , , , . ezra . . cap. . to . esth. . . to . † . h. c. . . h. . c. , . h. . c. . h. . c. . . h. . c. . . e. . c. . . eliz. . c. , . . eliz. c. . . h. . c. , . . h. . c. , , . . h. . c. , . & . h. . c. . . . h. . c. . . * reply of two of the brethren p. . to . * as one and the same city , kingdom , nation , encreased with new houses , parishes , streets , territories , and generations of people , continue still but one and the self-same city , kingdom , nation : so the first christian church planted in any city , kingdome , nation , when spread over all that city , kingdome , nation , and distributed into severall particular congregations , continues but one and the self-same generall church of which all particular churches are members , and not independent absolute in themselves , divided from , or vnsubjected to the intire common nationall church . cor. . , to . ep●● . . , , . c. . , to . acts . . * matth . . 〈◊〉 c. . . * psal. . . to . psal. . psal. . , . psal. : . † chro. . . ier . . . act. . * m●●● . . to . mark . , &c. luke . . to . iohn . , . † cor. . . to . * pet. . . † moses the chief temporal magistrate under the law , together with david , solomon , and other godly kings , did by gods owne direction , and approbation , direct , order , and settle all particulars in and about the altar , tabernacle , arke , temple , consecrating both them and the priests too , appointing all officers about them , together with the courses of the priests , singers ; & that by cōmon advice of the princes , captains , elders of the people , & not by the votes or directions of the priests , who had no ruling voice herein : which authority being no where revoked nor denied christian princes , magistrates , parliaments , under the gospel , they no doubt enjoy it still . and therefore these ministers who thus erect new churches usurp on their authority . * de anno civili , &c pr●satio p. . ● &c . p , and d jure natura & gent●um l. . c. . * reply to a. s. p , . * mat. . , mar. . , acts . . to . c. . . to the end . * tim. . , . cor. . . to . rom. . . tit. . , . ioh. , . † reply of two of the brethren p. . to . * matt. . , , . c. . , to . c. . , to . acts . , to c. , to . c. . , . c. . , , . c. . , , . c. . , to . c. . . &c. c. , & & , & , & . rightly understood . * iustinian . codic . l. . tit. . . and our lawes against iesuits , priests and recusants . † see the harmony of confessions sect. . * psal. . , . ier. . . c. 〈◊〉 . . isa . ● , . tim. ▪ , . * rom. . , 〈◊〉 . pet. . , , . tit. . . * see harmony of confessions sect. . * rom. . , to . pet. . , , . tit. ● , , , . ● pet. . , iude , * ovid me 〈…〉 dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, or - . p. printed by t. mabb, for edward thomas, and are to be sold at the adam and eve in little-brittain, london : . thomason e. [ ]. annotation on thomason copy: "april. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . government, resistance to -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, again vicars, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion dagon demolished : or , twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement , against our lawfull soveraign king charls the second ; and the whole house of peeres , in these words . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . also against some of the judges of the late king in the high court of injustice . published , to reclaim such fanatique persons , who have been too forward to promote this wicked , destructive engagement ; and still designe it , which hath wounded the consciences of so many godly christians in this kingdome . by that late worthy patriot of his country , mr. john vicars . eccles. . . curse not the king , no not in thy thought . god hath woollen feet , but iron hands . aug. london , printed by t. mabb , for edward thomas , and are to be sold at the adam and eve in little-brittain , the stationer to the reader . kinde reader , this ensuing narration came to my hands casually , from a christian friend of mr. iohn vicars , lately deceased ; from whom he had it , being written with his own hand ; the end of publication is , that god may have the glory , and that all true christian protestants may receive some benefit by it , which is the unfeigned prayer of , thy friend , e. t. the westminsterian engagement . january . . i doe declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . the summe or substance of the penalty of not subscribing it . be it enacted by authority of parliament , that whatsoever person or persons shall refuse the taking or subscribing of this engagement , shall be disabled to hold or enjoy any place or office of publique trust , profit , or employment whatsoever ; and that if he do continue therein without any such subscription as aforesaid , contrary to this act of parliament ; he shall forfeit all such offices , places or employment and profits whatsoever ; and shall forfeit also double the value of such profits and benefits as they shall have received and taken as aforesaid : and for default of distresse and sale of such offenders goods , the offender to be imprisoned , till the said forfeitures be fully satisfied and paid . and it is further enacted and declared , that all and every person or persons so offending as aforesaid , is , are and shall be uncapable of voting or giving his suffrage or consent in the choice or election of any officer or magistrate in the city of london or else where , within the common-wealth of england . and shall also be uncapable of the benefit of law from any courts of justice of this commonwealth , in any manner of plea whatsoever , between plaintiff and defendant , in or for any suit , plaint , bill , action , information , writ , demand , execution , or any other processe whatsoever , except onely in case of treason , felony , or breach of the peace and good behaviour . the observation on this penalty , for non-subscribing the engagement . the sum of the aforesaid penalty , amounting to thus much , that every person whatsoever , that subscribes not their engagement , is made an absolute out-lawed person , unable to help himself , or to be holpen by any , against any wrongs or injuries whatsoever , done to his person or estate , except as before , by them excepted . such a cruelty and tyranny as never was heard of in this kingdome , nor in any nation , or well governed state , or common-wealth in christendome ; especially to be enacted or executed upon any of their natives , or free denizens , though never so foul or hainous offenders ( much lesse upon their pious , peaceable and most honest people ) save onely among the antichristian romanists , against those whom they call and counted hereticks . wherefore since the saints godly party at westminster ( as they most audaciously and falsly call themselves ) and all the rest of their most hypocriticall adherents have been so bold thus to set up this dagon by gods ark , and their posts by gods posts , and so deceitfully to glory and triumph in their pretended providences and successes , ever since their , thus , setting up this dagon , the westminsterian engagement , in opposition to the nationall covenant . i shall here , now ( therefore ) give the godly and impartiall reader , divers most remarkable examples , and apparent demonstrations of gods evident and eminent wrath and indignation , expressed against them ever since their setting up their said dagon , in these most memorable and remarkable examples , following : twenty admirable examples of gods displeasure against subscribers of the engagement , and complices with the late power . . then consider , admire and wonder , that upon the very first day of the publication of the act for taking the engagement , which was january , . in the evening of that same day , did that most terrible and fearfull fire by gun-powder break forth at barkin-church , neer the tower of london , the like to which was never seen or heard of before , in or about the said city , in which were most suddenly blown up and destroyed above a hundred houses , and above . persons most lamentably kill'd and destroyed , and their carkases miserably torn in pieces ; among whom was lievtenant col. smith , one of sir hardress wallers chief sticklers , to pull the secluded members out of the house of commons in parliament . and was not this a most fearfull forerunner and heavy harbinger of the wofull effects of this their immediately following engagements . . one mr. mosty minister of in essex having taken the engagement ( and that in his own sense and limitations , to his best content , as he thought ) yet was immediately after so perplexed and distracted in his conscience , that he could neither preach nor pray , nor be at any quiet or peace within himself , till he had procured liberty to race out his name from under the engagement : whereunto he had subscribed it . . one col. russell , a great favourite and commissioner in the army , after his taking of the engagement , was so vexed and distracted in his soule , that he confessed to some of his religious friends ( himself also being lookt upon as a very religious gentleman ) that immediately upon his taking the engagement , he found by evident symptomes , that the devil took actuall possession of him , and made him desperately prone to commit any notorious villany whatsoever , even to the ravishing of his own maid-servant ; but afterward gave most eminent testimonies of his true repentance , and abhorrence of his taking of it . . one mr. edward fisher , a very tender consciencious christian , and godly citizen of london , in the old-baily , having taken the engagement , and though in his own sense and limitations ( as he thought to his full content ) yet presently after , being extreamly grieved and perplexed in spirit , for that he had done , therein laboured to alderman allen to have his name raced out , but could not be permitted , to the increase of his great grief ; and thereupon fell into great distresses and trouble of conscience , and into pyning and languishing sicknesse , caught a great fall in his house , which put his shoulder out , of what , and lying in continuall distresse and perplexity of spirit , complaining still of his taking the engagement : thus pining and languishing away , he shortly after died . . one mr. hall of st. needs in huntington-shire , having been a most eminent professor of religion , and extraordinarily gifted in prayer , and godly conference ; afterwards complying with the times , taking the engagement , and turning a great stickler with the army ; at last , turned a very so● in matters of religion ; and one night going forth of his house in an out-room hang'd himself , and there was found the next morning . . one mr. midgeley a school-master in ouldham neer manchester in lancaster-shire , having been an engager , and great prosecutor of his eminently godly minister , mr. constantine , and having been writing ( one night ) divers accusations , and such like papers against his said minister , whereunto he was hired by one mr. ashton a justice of peace of the same parish , and by diverse other eminent enemies of the said mr. constantine , because he would not take the engagement ; and they having paid the said mr. midgeley for his pains ; and he going home that night , there having been a great snow on the ground , and the weather very bitter cold , he was the next morning found dead in the snow , and onely his finger and thumb of his right-hand , eaten or bitten off from his hand . . also the aforesaid mr. james ashton of chadarton in the said parish of ouldham , once a desperate malignant in the first war against the parliament , but afterwards having made his peace , taken the engagement , and turned a great stickler for the present times ; was made a justice of peace , and became one of the aforesaid mr. constantine's greatest enemies , sequestred the said mr. constantine out of his living , and for the cause aforesaid , the refusing the engagement , imprisoned , and after banished him out of the county ; and after this , hearing that mr. constantine had preached twice or thrice in the country , he summoned him again to appear before him , intending to have punished him sorely for his presumption : but in the mean season , it pleased the lord to strike this mr. ashton ( who before had been a gentleman naturally very healthfull , and of a strong constitution of body ) into such a languishing sicknesse , as made him daily pine away ; so as no means or physick could help him , and ( which is most remarkable and fearfull ) before his death , he became so full of lice , continually , that all the shift and attendance that possible was used , could not cleanse him from this filthy vermine ; and thus either upon the day before or the day after mr. constantine's coming to ouldham , to make his personal appearance before him , the said mr. ashton thus miserably departed this life . . one mr. bray minister of michaels in lancashire , having once been a very zealous presbyterian to see too ; at last , for the gaining of an augmentation to his living , took the engagement , turned a great zealot for the independent faction , and immediately after , an order comming for the pulling down of the late kings arms in churches ; he was so hot therein , that he would needs ( as he did ) pull them down himself , and sent the boards , on which the kings arms were painted , home to his house , intending to have made a doore of them , to one of his rooms of his house ; but it pleased the lord presently to strike him with a sudden and violent sickness , whereof he presently dyed , and those boards were made his coffin to bury him in . . one sir thomas martin , knight of cambridge shire , an engager and a great complyer with the times , having been a hunting in holmby-park , and the deer being faln , stuck and opened , and he desired ( together with the other gentlemen ) to wash his hands in the deers blood ; no ( said he ) i had rather wash my hands in the blood of the young king of scots . and immediately after this , riding home the same day at evening , his horse very suddenly and violently threw him , in which fall , he pitch't on his head , mortally brake his skull , and shoulder , of which wounds he very shortly after died . . the constable of shaw in lancashire , four miles from manchester , having taken the engagement , was presently after so perplexed in conscience , that notwithstanding all the godly exhortations , and comforts administred unto him by godly neighbour ministers , yet the apprehension of gods wrath , for what he had done therein , so increased upon him , that he fell distracted , and so continued many weeks together . . also one m. rich. smith minister of stoke , prior in vvorcestershire , having taken the engagement for the procuring of an augmentation to his living , returning home from london after he had taken it , fell presently into such a frighting horrour of conscience and distraction of his senses , that he had oft endevoured to beat out his own brains ; but at last recovered his sences by gods great mercy repented bitterly of what he had done , and thereupon in peace departed this life in a sickneess which then took him . . dr. doris●aus , the westminsterians juncto's first embassadour , sent from them into holland , and therefore no doubt a great engager , and desperate complyer in all things with them , as in the kings death ; being arrived in holland , was therein immediately and suddenly assaulted and murthered as he sate at dinner in his house . . also mr. anthony ascham , a gentleman of excellent parts , being sent ( as the juncto's the embassador ) into spain , very shortly after his arrival there at madrid , was in his own house there suddenly and most furiously set upon and assaulted , by divers desperate english caviliers , and he and his interpreter was hen and there murthered . . collonel rainsborow , a mighty engager and prime stickler for the power at westminster , a desperate header of the levellers , & admiral of the navy at sea , was suddenly also assaultéd by a company of caviliers at pomfrait town in yorkshire in an inne , and there murthered by them . . mr. tho. hoyle , formerly lookt upon as a very pious and strictly religious gentleman , an alderman of york , and member of the parliament ; but afterward having taken the engagement even against his conscience , and turned a great complyer with them at westminster : not long after , it pleased the lord so to leave him to himself , that on the very same day moneth , that king charles was beheaded , yea as near as possible could be judged about the very same houre of that day this gentleman hang'd himself in his own house at westminster , and was found stark dead by his woeful wife when she came home , having been abroad that morning . . mr. shereman a citizen and silkman in pater-noster-row in london , who had formerly been lookt on as a godly and religious gentleman , had been a tryer and an elder in the presbyterian church government , a singular good friend to mr. love ; then his pastour ; but afterward he turning with the times took the engagement , and that in form of an oath , whereupon he was made a common council man , turn'd a desperate enemy , and hater of the said m. love , who shortly after being in his shop with his wife , as perfectly well as ever ever in his life , yet in the evening standing at his counter in his shop , and his wife close by him , he suddenly sunk down by her stark dead , and never spake one word after it . . also collonel ven a citizen of london , formerly a great professor of religion , and a long time mr. love's precious dear friend , and a member of the house of commons in parliament ; but being turned with the times , was a great engager and mighty stickler for , and with them at westminster ; yea , he proved afterwards a most bitter enemy to the presbyterian ministers of london , and upon occasion used those words against them , viz. they at vvestminster should never be at quiet , till they had provided a pair of shooes and a staffe for the turbulent presbyterian ministers of london , and banisht them out of the kingdom : but it pleased the lord , that on the very next day after that horrible abuse and banishment done to mr. jenkin then minister of christ-church london , in both sequestring him out of his said living , and banishing him out of the city , wherein this coll. ven had a hand also , and had most churlishly carried himself toward master jenkin in the committee even that day , whereon this godly minister was so censured , which was july the . . being thursday . it pleased the lord , i say , that master ven next friday following , july . and at night , this coll. going to bed , as perfectly well and in health , as ever in his life , and his wife lying by him , he fell asleep by her immediately , and slept soundly without any complaint of the least distemper , but the next morning about . of the clock his wife awaking , found him starke dead by her in the bed , never having made the least groan , or spoken one word to her since the day before . and thus god banished him first out of the land of the living . . one sir henry holcroft , why had formerly been a great professour of religion , and to see too a practiser of the power of godlynesse , but afterwards drew back and apostatized to the independent faction , took the engagement , and fell into great complyance with them , being a committee gentleman , and acting strenuously for them . but immediatly after this , it pleased the lord , that he fell into a sore disease , and much and often bleeding at his nose and mouth , and so continued all the time of his said sinful complyance with them , and at last fell into such fits of extreme bleedding , and strongly vomiting up even of gobbets of blood at his mouth , and flowing out of blood at his nose with such unstintable violence , that he most sadly departed this life , in one of the extreme fits thereof . . in august . barron rigby , a most desperate enemy to the presbyterians church discipline , as being a great independent together with baron yates , the two judges for the assizes then held at chalmsford in essex , two grand engagers ( as every one may know ) and deep complyers with the vvestminsterian power : they both being at chalimford , and hearing the assize sermon preach't before them , the godly ministers text being out of luke the . . give an account of thy stewardship , for thou maist be no longer steward . immediately after this sermon , it pleased the lord to strike judge rigby with present sickness , so as that they could not keep the assizes there , but were forced to adjourn it , promising and hoping to come again and finish it there , and went thence to croydon in surry to hold the assizes there ; but having begun to sit , both judge rigby his sickness so increased upon him , and the like sicknesse suddenly so assaulted judge yates also , and with such violent pain and great distemper upon them both , and also upon the high sheriffe of surry then present with them , who also was smitten with the same sicknesse , at that time that the assizes was enforced to cease there also , and they all three were speedily conveyed away thence to london , where they all three died immediatly after , even within a seven nights space , or thereabout , of a most violent pestilential fever ; and very many more of their clerks , officers , and attendants on the said assizes died also at the same time , ( as was generally , and most credibly informed and reported , and i my self know one captain hindely , one of judge rigby's chief clerks or officers ( who died at the same time ) immediately upon the very same time of these judges death . a most remarkable and fearful example of gods wrath upon engagers and sinful complyers with workers of iniquity . vvoe woe therefore to all apostatizing temporizers , and perfidious backsliders , heb. . . and as is further most evident in those scriptures , beneath following . . i shall conclude all with the memorable example of gods divine justice upon lockyer , an active agitator and leveller in the army , who had a principal hand in seising and bringing the king to his death , cried out , justice , justice , justice , openly against him , and spit in the kings face in vvestminster-hall as he was going to his tryal , before his condemnation , conducted him to the block ; and was shortly after condemned in a counsel of war by some of the kings own judges , and shot to death as a mutinier in pauls-church-yard london . also john lilburn's double tryal for his life ; soon after , a grand stickler against the house of lords : the proceedings against saxbey , syndercombe , and other levellers , who were chief instruments to bring the king to justice ; and the grand opposers of the house of lords : also the imprisonments and sufferings of m. g. harrison , collonel rich , collonel okey , lord grey of grooby , and others of the kings condemners , who were all engagers against the king and house of lords . may it not awaken the stupid seared consciences of all those now living , who had any hand in these tragedies and engagements against king and parliament , to bring them to speedy and sincere publick repentance for them ; lest they fall into the like terrors or judgements , as others that have so wilfully ingaged against king and house of lords ? postscript . unto this i shall onely add two quaeries . whether those persons that are living , that took upon themselves the name , stile , and title of the parliament of england , scotland and ireland , ( though by their writs by which they sate , they were but the fragments of the parliament of england only ) beheaded their lawful protestant king , banished his posterity , overturning our antient government it self , consisting of king , lords and commons , which constitution continued many hundreds of years , and was the best and fittest for these nations that could be , and brought the nation into such a labyrinth and confusion , by endevouring to set up an utopian common-wealth , a mere new-nothing ; vvhether the persons may not justly fear they may fall down quick into hell , or fall into the same exemplary terrors , judgements , and self executions with others , if they repent not for their abominations . . vvhether these men that set aside and repealed the oaths of supremacy and allegiance as unlawful oaths , which themselves took , or ought to take before they sate in the commons house ; and also the protestation , solemne league and covenant made in pursuance of them , and diametrically contrary to these oaths , to set up a new engagement , to which every one must subscribe to be true and faithful to their new common-wealth , without king or house of lords , bringing all english freemen into a new premunire , which thousands of our godly protestant ministers , gentry and freemen refused to take ; whether these men that can swallow all kind of oaths , though directly contrary one to the other ; neither reverence god or man , are fit persons to be trustees for the nation in this time of eminent danger , now the nation groans under so many oppressions and dangers . hebrewes . , , . it is impossible for those who were once enlightned , and have tasted of the heavenly gift , and were made partakers of the holy ghost , and have tasted the good word of god , and the powers of the world to come ; if they fall away , to renew them again to repentance ; seeing they crucifie to themselves the son of life afresh , and put him to an open shame . jude . . woe to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead and plucked up by the roots . finis . by the king. a proclamation containing his majesties gracious pardon and indemnity scotland. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation containing his majesties gracious pardon and indemnity scotland. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by the heir of andrew anderson ..., for andrew forrester, edinburgh : ; and re-printed at london : . caption title. royal arms at head of text; initial letter. dated at end: given at our court at windsor castle, the twenty seventh day of july, one thousand six hundred seventy and nine. and of our reign, the thirtieth one year. imperfect: torn with slight loss of text. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to -- scotland -- early works to . pardon -- scotland -- early works to . scotland -- politics and government -- - -- sources. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation . containing his majesties gracious pardon and indemnity . charles r. charles the second , by the grace of god , king of scotland , england , france and ireland defender of the faith , &c. to all and sundry our good subjects whom these presents do or may concern , greeting : the just resentments we have of the rebellious courses taken by some in that our ancient kingdom of scotland , by poisoning our people with principles inconsistent with true piety , and all humane society , as well as with our royal government , and of the humorous factions of others , who ( under pretext of re-presentin● grievances to us ) have most unjustly , both in scotland and england , defamed our judicatures of scotland , and thereby weakened our authority , therein represented ; all which , did not hinder us from endeavouring to quiet the one by our late proclamation ; and the other by a publick hearing and debate : and being most desirous to cover all the imperfections of our subjects , and to remove the fears and jealousies , whence they proceed ; we have therefore , by our royal authority , and the undoubted prerogative of our crown , thought fit ( with the advice of our privy council ) to indemnifie , remit and pardon ( with the exceptions after specified ) all such as have been at field , or house conventicles ; all such as are guilty of irregular administration of the sacraments , and other schismatick disorders , all such as have been engaged in the rebellion , . or the late rebellion this present year of god , . all such have spoken , written , printed , published , or dispersed any traiterous speeches , infamous libels , or pasquils , all sich as have mis-represented any of our judicatures , servants , or subjects , or have advised any thing contrary to our laws , all such as have maleversed in any publick station , or trust : and generally , all such as are lyable to any pursuit , for any cause , or occasion , relating to any publick administration , by contrivances , actings , oppositions , or otherways preceeding the date hereof , declaring the generallity of these presents , to be effectual to all intents and purposes , as if every circumstance of every the foresaid delinquencies , or mis-demeanours were particularly and specially here inserted ; and as if every of the persons that might be challenged and pursued for the same , had a remission under our great seal , or an act of indemnity past in his favours . discharging any of our officers , or subjects , to pursue any person or persons upon any such accounts , either advindictam publicam vel privitam , or to upbraid them therewith . and commanding all our judges to interpret this our remission and indemnity , with all possible latitude and favour , as they will be answerable to us upon their highest perils . excepting such as are already forefaulted by our parliaments , or our criminal court , fined by our privy council ; and such who being fined by inferiour judicatures , have payed , or transacted for their fines , in so far as concerns their respective fines , so imposed : excepting also , all such heretors and ministers , who have been in the late rebellion , or were contrivers thereof , and such heretors as have contributed thereto , by levies of men or money , and excepting likewise such as obeyed not our , and our councils proclamation , in assisting in our host ; to be pursued for that their delinquency , according to law ; and such persons as have threatned , or abused any of the orthodox clergy , or any of our good subjects for assisting us , in suppressing the late rebellion ; and that , since our proclamation , dated the twenty ninth day of june , last past : which indemnity we do grant to those who were ingaged in the late rebellion , provided that they shall appear before such as our privy council shall nominate , betwixt and the dyets following , viz. these that are within this kingdom , betwixt and the eighteenth day of september , and these that are furth thereof , betwixt and the thirteenth of november next to come , and enact themselves , never to carry arms against us , or our authority , and with express condition , that if ever they shall be at any field conventicle , or shall do any violence to any of our orthodox clergy , this our indemnity shall not be useful to such transgressors any manner of way ; as it shall not be to any for private crimes , such as murders , assassinations , thefts , adulteries , the fines and denunciations thereof , and such like as never use to be comprehended under general acts of indemnity , and particularly the execrable murder of the late arch-bishop of st. andrews : nor to such as were appointed to be carryed to the plantations , by our letter , dated the twenty ninth day of june last , though their lives be by this our royal proclamation also , secured unto them , in manner , and upon the conditions above-mentioned . but lest the hope of impunity should embolden the malicious to future disorders ; we do hereby command our privy council , and all our other judicatures , to pursue and punish will all the severity that law can allow , all such as shall hereafter threaten or abuse the orthodox clergy , murmure against our judicatures , or officers , or shall make , publish , print , or disperse lybels , or pasquils ; these being the fore-runners of all rebellions ; and which , by defaming authority , do disappoint all its just and necessary methods . and to the end , all our good subjects may have notice of this our royal will and pleasure , we do hereby command our lyon king at arms , and his brethren heraulds , macers , pursevants , and messengers at arms , to make timous intimation hereof , at the mercat cross of edinburgh , and other places needful . given at our court , at windsor castle , the twenty seventh day of july , one thousand six hundred seventy and nine . and of our reign , the thirtieth one year . by his majesties command , lauderdale . god save the king . edinburgh , printed by the heir of andrew ander●●● , printer to his most sacred majesty , anno dom. . and re-printed at london , for andrew forrester , in king-street , westminster . of resisting the lavvfull magistrate under colour of religion and appendant to it, of the word keima, rendred damnation, rom. , reprinted : also, [brace] of zelots among the jewes, of taking up the crosse, a vindication of christs reprehending st. peter, from the exceptions of mr. marshall. hammond, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) of resisting the lavvfull magistrate under colour of religion and appendant to it, of the word keima, rendred damnation, rom. , reprinted : also, [brace] of zelots among the jewes, of taking up the crosse, a vindication of christs reprehending st. peter, from the exceptions of mr. marshall. hammond, henry, - . marshall, stephen, ?- . [ ], p. printed for h.h. and w.w., oxford : . attributed to hammond by wing and nuc pre- imprints. reproduction of original in the harvard university library. eng church and state -- england. government, resistance to -- religious aspects -- christianity. zealots (jewish party) liberty of conscience. a r (wing h a). civilwar no of resisting the lawfull magistrate under colour of religion: and appendant to it, of the word krima, rendred damnation, rom. . reprinted. hammond, henry f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion of resisting the lawfull magistrate under colour of religion : and appendant to it , of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rendred damnation , rom. . reprinted . also , of the zelots among the jewes . of taking up the crosse . a vindication of christs reprehending st. peter , from the exceptions of mr. marshall . oxford , printed for h. h. and w. w. . of resisting the lawfull magistrate upon colour of religion . in this proposall of the point for debate , there are onely two words will need an account to be given of them : . what is meant by resisting . . why the word colour is put in . for the first , resisting , here signifies violent , forcible , offensive resistance , fighting against , as hesychius the best scripture-glossary explaines it , ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} all one , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) and the apostle in like manner , rom. . . using {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , promiscuously for the same , and so in other places , although it is true , it is used sometimes in a wider sense ; but that will not here be materiall , when we here set down before-hand what we meane by it . for the second , the word [ colour ] is in the title added , onely for this reason , ( not to prejudge the religion , which is fought for , to be onely a colour , but ) because it is possible for a man to fight for religion , and yet not upon colour of religion ; to wit , in case the religion for which hee fights be establisht by the law of the land , for then his colour for fighting may be the preservation of law , which the magistrate is bound by oath to maintaine , and though hee fight for religion , yet it is under that other colour : whereas hee that fights upon colour of religion , making that his onely pretence of fighting , is ipso facto supposed to fight for a religion distant or contrary to that which is established by law , and so all pretence or colour of law excluded , yea , and all supposition of falling in the magistrate ; he standing for the law present , not against it ; which i desire may be the setting of the case , to exclude the fallacy , plurium interrogationum , and to distinguish the quarrell of religion from that other of law , and so to meddle at this time onely with that which is fully within the divines spheare , and leave the other to some body else . those two termes being thus explained , and so the state of the question set , the lawfull magistrate , and the establisht law of the kingdome on one side ; and some person or persons inferiour to him , upon colour of religion , i. e. for some religion not yet established by law , on t'other side , that it should be lawfull to them to take up armes against him , would seem not very reasonable , if he were but a private man , abstracted from regall power , ( which sure doth not make it more lawfull to resist him then any body else ) having broken no established law , ( as is supposed in the case ) for what legall accusation can lie against him in a point wherein hee hath not broken the law ? but then this will be more unreasonable , it moreover it be considered , that colour of religion is so wide and unlimited a thing , that no man , that is never so much in the wrong in any opinion , but thinks himselfe in the right , ( for otherwise he would not continue in that errour ) and so that colour will be plea equally good to all sorts of errours , as well as truths : and besides , he that hath not so much religion as to be in an errour , may yet have so much wit as to make use of that apology for his sedition , ( to wit , colour of religion ) and plead it as legally as the most zealous professour ; and consequently , if that will serve turne , who ever shall but pretend to beleeve contrary to the religion established in any kingdome , shall be ipso facto absolved from all bond of allegiance in foro humano , and if hee will adventure the hazard of the judgement to come , shall have no restraint laid on him by any earthly tribunall ; and so by this meanes already , the grounds of the dissolution of any government are laid by this one unpolitick principle , and the world given up to be ruled onely by the religion ( which is in effect , the will ) of every man ; whereas before , there was a state as well as a church , policy as well as religion , a power in the magistrates hand , besides that in every mans owne brest or conscience ; and yet more particularly , a restraint for hypocrites , as well as any else , i. e. for pretenders of religion , who , if this ground would hold , were left unlimited . where , if it be interposed , that such an one that fallaciously pretends religion , though by this disguise hee escape here , yet shall surely pay for it hereafter ; and that that is sufficient , because there is no other court , but of that searcher of hearts , to which the hypocrite can be bound over : i answer , that although that be true , yet it is not sufficient ; because , although there be a judgement to come for all crimes , yet it is notwithstanding thought necessary to have present judicatures also , not to leave all offenders to terrours at such a distance : and indeed , for the continuance of the peace of communities , to provide some violent restraint at the present for those , whom those greater but future deterrements cannot sufficiently work on . this every man knowes is the originall of humane lawes , yea , and of dominion it selfe , a praevision that all men will not doe their duties for love or feare of god , ( it is apparent , the jewes would not under their {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) and therefore for good mens sakes , and for peace sake , and for the maintaining of communities , those superadditions have been thought necessary , as some thornes in the hedge of gods law , that may pierce the hands and sides of him that shall attempt to break over or thorough it . from whence the conclusion will be evident , that the rules for the preserving of government must be such as shall have force to restraine the atheist or the hypocrite , as well as the good christian ( which sure will lesse need those restraints ) or else they are utterly unsufficient to the attaining of their end , i. e. to the preserving of government , peace , community , or protecting any that lives under it : which being supposed , it will also follow , that nothing must be indulged upon any colour of religion , ( be his religion never so true , and himselfe never so sincere in it ; ) which will open this gap or out-let to others , that may make the ill use of it : for this will be utterly destructive of the end of government ( which is , that wee may lead a peaceable quiet life , tim. . . ) yea , and of government it selfe . this argument being thus prosecuted and cleared , might be sufficient to determine this whole businesse , were it not for one rejoynder which is ordinarily made , the force of which is taken from that supreme care that every man ought to have of his owne soule , and consequently of the maintaining of his religion , on which ( to abstract from all possible disputes concerning the particular truth of it , he being perhaps not acute or artist enough to uphold it against all objecters ) he is fully convinc't , the health and salvation of that wholly depends . for the maintaining of which against all the humane power in the world , if he may not take up armes , or doe any thing , he cannot see what can be fit for him to fight for , ( nothing sure being more precious then that ; ) or consequently , why he may not take up that opinion of the beyond-sea-anabaptists , that it is not lawfull to fight at all : which if it should be yeelded to , although for the present it would produce peace , yet it would be little for the advantage of magistrates in the issue . to this i shall answer , by concession of these foure things : . that religion is to be every mans supreme care , the prime jewel in his cabinet . . that it cannot , at least in humane consideration , be expected that any man should be lesse carefull of his false religion ( if hee be really perswaded of the truth of it ) then any other is of the true . nay , . that if he doe not use any lawfull meanes to defend that false ( whilest he is convinc't it is the true ) religion , this is a sin of lukewarmnesse in him ; though indeed through prepossession not to open his eyes to greater light and revelation of the truth offered to him , and perhaps through sluggishnesse not to seek that light , be yet a farre greater sin in him . for though no man ought to defend the contrary to what he takes to be truth , yet ought he to be most ready to deposite his errour , not onely when it doth , but also when it may appeare to him to be so , and to seek to those helps that may be instrumentall to that end . . that in some cases the use of armes is not unlawfull . but then all this being thus granted , and so in effect , that all lawfull meanes may be used for the maintaining of religion , we must yet secondly deny the inference of the objection , upon this onely ground , because though armes may lawfully be used in some cases , and religion be maintained by all lawfull meanes ; yet armes are not a lawfull meanes for this end , and so may not be used in this case ; that is , by subjects against the lawfull magistrate in case of religion , at least when some other religion is by law established in that kingdome . which assertion i shall confirme onely by foure arguments : . taken from the nature of religion . . from examples of christ and christians . . from the very making of christianity , and particularly of the protestant doctrine . . from the constitution of this kingdom , which being subordinate to the other three , may deserve consideration , as farre as it agrees with them . . from the nature of religion , which is an act of the soule , which cannot be forced or constrained by outward violence ; and therefore , 't is apparent , needs no outward defence for the maintaining of it , much lesse invasion of others . a man may be as truly religious under all the tyranny and slavery in the world , as in the most triumphant prosperous estate ? they that have power to kill the body , are not able to commit them least rape upon the soule ; they may rob me of my life , they cannot of my religion ; the weakest creeple in the hospitall may defie the whole army of the philistines in this matter . but you will ask , is not the outward profession and publike exercise of religion some part of it , and that to be thus maintained , where any attempt to hinder it ? to which i answer , that the first of these , the outward profession , can no more be hindred then the former act of the soule , but rather may be most illustrious in the time of depression . i may confesse christ in the den of lyons , in the furnace , on the rack , on the gridiron , and when my tongue is cut out , by patient , constant suffering in that cause . religion is not so truly professed by endeavouring to kill others , as by being killed patiently our selves rather then we will renounce it . when i fight , it may be malice , revenge , some hope of gaine ( or impunity at least ) by the present service , any one of a hundred worldly interests , that may help to whet my sword for me ; or most clearly , a hope i may kill and not be killed : and so all this while here is no act of confession of christ in thus venturing my life , although i doe affirme i doe this for my religion ; because , though i so affirme , men are not bound to beleeve me , there being so much oddes against me , that i doe it for some-what else . but when i say down my life patiently , the sacrifice of my god , resigne up all possible worldly interests for the retaining of my one spirituall trust , this is to the eye of man a profession capable of no reasonable suspition of infincerity ; and indeed none so , but this . as for the second , the publike exercise of the true religion , it were by all men heartily to be wisht that it might be enjoyed at all times , for the advancing of gods glory , increase of charity , conversion of others , &c. but if it may not be had by the use of lawfull meanes , it will not be required of us by god , without whose speciall providence it is not , that hee permitteth us to be forbidden that exercise . till the same providence be pleased to remove such hinderance , and open to us a lawfull way of obtaining it , the primitive christians secret meetings will first be imitable to us ; and if those be obstructed also , their folitudes next . and however , that designe of obtaining free exercise of our religion , will never make any practice lawfull to be used in order to that , that before was utterly unlawfull . but are we not to take care of our children and posterity , as well as of our selves ? if our religion be now supprest , our poore children and progeny to the end of the world may in all probability be kept in blindnesse and ignorance , and so left to the place of darknesse irrecoverably . this objection sounds somewhat pathetically , and is apt to affect our bowels , more then our reason ; moves our compassion first , and thorow those spectacles is then represented with improvement to our judgement . but for answer to it , though the doctrine of election of particular men , as well and as absolutely to the meanes as to the end , might be to him that acknowledges it a sufficient amulet against this feare , and so no need of that their jealous care for their posterity , any farther then it is in their power to contribute toward them ( which sure is no more then to doe what is lawfull for them to doe ; ) yet the answer will be more satisfactory to all that acknowledge gods providence , however opinionated concerning decrees , that whosoever considers himselfe as a man , much more as a father of a posterity , must have many things to trust god with , and onely god ; and among those nothing more , then the future estate of those which are come from him . yet , if he be importunate and still unsatisfied , unlesse he himselfe contribute somewhat to the securing of his posterity in this matter , let me tell him , there is nothing ( after his prayers to god , and paternall blessing on them ) so likely to entaile his religion upon them , as his sealing it by his sufferings . this sure will be a more probable way to recommend his religion to them , ( when they shall heare , and be assured by that testimony , that their fathers thus hoped in god ) then that other so distant , that they died in a rebellion against the king ; or , that this religion had been in their time turned out of the land , had not they done something so unlawfull to protect it . besides , the greatest prejudice which but posterity ( of which wee pretend such care ) can suffer by my non-resistance , is onely to be brought up in a contrary religion , to heare that way first , but sure not to have their eares deafed against all others when they shall be represented , nor to bring the guilt of non-representation upon them if they be not . and if i bring forth reasonable creatures , i hope they will , by the grace of god , make use of the reason and his grace , to find out that truth that their soules are so much concerned in : and if ( through no default personall of theirs ) they should misse of it , i hope the invinciblenesse of their ignorance , and their sincere repentance for all their sinnes and errours knowne and unknowne , and their readinesse to receive the truth , if it were or might be represented to them , would be antidote sufficient , by gods mercy in christ , to preserve them from that poyson , so they were carefull according to their means of knowledge to escape all other dangers . and all this upon supposition , but not concession , that the religion of him that would fight for it , were the truth and only truth ; whereas indeed , there is not a more suspitious mark of a false religion , then that it is faine to propagate it selfe by violence : the turks and papists being the onely notable examples hitherto of that practice ; till some others , directly upon popish principles a little varied in the application , have falne upon the same conclusion . now secondly for the examples of christ and christians , but first of christ : his example ( as to this purpose ) is evident in three passages ( besides that grand transcendent copy , proposed from the aggregate of all his life and death , mat. . . learn of me ; for i am meek and lowly . ) the first is , luk. . . the inhabitants of a samaritan village would not receive christ , vers. . upon that , james and john remembring what elias had done in the like kind , king. . and king. . ask't his judgement of it , whether he , would be pleased that they should command fire to come down from heaven and consume them , as elias did , that is , in effect , whether they should not doe well to use whatever power they had ( and be confident that god would assist them in it ) to the destroying of those who-ever they were ( and yet that they were not their magistrates it is cleare ) which affronted them in the exercise of their religion , or indeed , which would not receive christ . to this christ answers sternly , the words are emphaticall , he turned ( as to peter when he gave him that check , mat. . . ) and rebuked them , and said , ye know not what manner of spirit you are of : that is , elias was a zelot , mac. . . ( the full importance of which will belong to another disquisition ) & jure zelotarum , might doe somewhat against baals prophets , which will not agree with that distant calling or profession of a disciple of christ , or christian ; they are mistaken if they think they may doe as elias did . from whence , by the way , is a prohibition fully legall put in against all examples of the old testament , ( if any such there were ) from being pleadable amongst christians , upon this ground of josephus his observing , that the jewes were governed by a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , god being as it were their king on earth for a long time , presiding immediately , and interposing by his oracle , and other particular directions , as well as standing law , as in that case of phinees and elias , &c. by which those acts of theirs , though authorized by no setled or ordinary law , were yet as legall as what-ever in any other common-wealth were done by authority legally descending from the supreme magistrate . which whosoever shall now apply to christians , besides that he professes himselfe an asserter of enthusiasmes , will meet with christs check to the boanerges , you know not what spirit you are of : i have not authorized you to pretend to the spirit of elias , or to doe what a zelot among the jewes might doe . the second exemplary passage to this purpose in the story of christ is , mat. . . when christ was apprehended by those tumultuous persons , at the best but servants of the chiefe priests and elders ( not againe by any power of lawfull magistrate ) peter drew the sword , and smote off one of those servants ears ; upon that , christs answer is the thing to be observed , vers. . then said jesus unto him , put up again thy sword into his place , for all they that take the sword , shall perish with the sword : the speech particular to peter , a prime disciple or christian , that he having drawn the sword in defence of christ , and in him of christianity it selfe , ( a more justifiable course then ever any man since undertook under the colour of religion ) must put it up again ; but the reason added , of an unlimited universall obligingnesse to all christians ; for all they that take the sword ( as peter did , in defence of christ , &c. or else the citation had not been pertinent to him ) shall perish by the sword . and the two parallel places which are noted in the margent of our english bibles , are somewhat considerable ; the first , gen. . . where that law was given to the sons of noah , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} concerning the effusion of bloud , which sure was not any prohibition to legall , though capitall punishments of malefactors , ( but rather the investing the magistrate with that power of the sword ) and yet is by christ urged as a prohibition to saint peter ; signifying , that effusion of bloud by him in that case to be utterly illegall , and against the intention of that old law , not abrogated ( it seemeth ) by christ . the other parallel place is revel. . . where immediately upon the repeating of those words , he that killeth with the sword , shall be killed with the sword , is subjoyned , here is the patience and faith of the saints . i. e. christian martyrs , vers. . whose faith it seems and patience must goe together ; which sure is most irreconcileable with forcible resistance . * the third exemplary passage of christ was in his suffering , wherein many particular circumstances might be observed , especially his answer to pilate , john . . in acknowledgement of his legall power given him from above . but all that i shall observe is onely in the generall , that hee that had so many legions of angels , certainly sufficient to defend him and invade his enemies , ( whatsoever will be thought of the christians strength in tertullians time to have done so too , of which more anon ) did yet without the least resistance give himselfe up to suffer death . and if it should be objected , that this was to accomplish what god hath decreed ( ought not christ to suffer these things , and thus it is written , and thus it behoved christ to suffer ) and in obedience to that decree , not as matter of example to us , or of intimation , that it had not been lawfull for him to have done otherwise . to this i answer , that as christ was decreed to that death , and non-resistance , so are christians ( if saint paul may be beleeved ) predestinated to be conformed to the image of his son , rom. . that is , to that pattern of his in suffering , not fighting for religion : and that revelation of gods will in that decree being supposed , it will follow , that though christ might have lawfully done otherwise , yet wee christians now may not , especially being commanded to learne of him particularly his meeknesse ; i. e. especially that lamb-like quality of the lamb of god in his sufferings , isai. . . so much for the examples of christ . now for the like of christians ; it will be needlesse to mention any other then those of whom tertullian and saint cyprian spake , being so perfectly home to that purpose , tertul. in apol c. . and his book , ad scapulam , wholly to this purpose : and saint cyprian in his book against demetrianus , &c. the summe of which is this , that the christians of that age had strength sufficient , either to have resisted , or avenged themselves upon their heathen persecuting governours ; but in obedience to the lawes of christ , chose rather to die , then doe so . the severall testimonies ( of which this is the abstract ) being so fully produced by many , and known by all , it will be more to purpose to vindicate them from all exceptions , and intercept all evasions , which the wit of this last yeare ( beyond all that any former age pretended to ) hath invented to evacuate those testimonies ; witnesse goodwins anticavalierisme , p. . &c. and this i shall take leave to doe at large , because it is said , many have been satisfied in the lawfulnesse of their present course , by those answers and objections which that book hath helpt them to . . it is objected , the father ( tertullian ) might easily be mistaken , in making the estimate of the strength of christians , in comparison of the strength of them that were to oppose them . this is in civill termes , to say , tertullian wrote hee knew not what ; or at the softest , hee might be ignorant of what he affirmeth he knew ; and i am confident , was more likely to know , living then , then the objecter now , seeing or conjecturing at the distance of so many hundred years ; who hath not the least authority ( which must be the judge in matter of fact ) on his side , against so distinct and cleare affirmation , not onely of tertullian in severall places ( and that in an apologie against the gentiles , who could and would certainly have tript him in so manifest a falshood , if it had been such ; and though the negative argument be not fully convincing , that they did not thus trip him , because we doe not heare or read they did , yet will this be of as much force as any he hath to the contrary : this certainly , the writing it to the gentiles , will be able to conclude , that tertullian had been very imprudent and treacherous to his owne cause , to have affirmed a thing in defence of it , which his adversaries could so manifestly have proved a falsity , if it were not so as hee affirmed ) but of cyprian also , who lived about the same time ; and no writer of that age or since produced ( i doubt not but i may say , producible ) to the contrary . of the proofes that are offered to make it appeare possible and probable , that tertullian should be so mistaken , the first is , because this was no point of faith , &c. and therefore a devout father might fall under a misprision herein . i grant he might , but that doth not prove he did ; no nor that it is probable he should be a more incompetent judge in such a matter , then hee that now undertakes to controll him : nay sure , lesse reason is there to deny the authority of the ancients in matters of fact ( which if they were not evident to them , must needs be much lesse evident to us , who have no means to know any thing of them but their relations , nor cause to suspect such relations , but either by some impossibility in the things themselves , which is not here pretended , or by some other as authentick relation contradicting it , which is as little pretended ) then of faith , the ground of which being onely the written word of god , is common with them to us ; and therefore may enable us to judge , whether that which they affirme to be matter of faith , be so indeed , to be found really in that sacred writ , from whence they pretend to fetch it . and whereas it is farther added , that no rule of charity or reason binds us to beleeve another , in any thing which belongs to the art or profession of another , and wherein himselfe is little versed or exercised : i answer , that this saying , thus applied , will take away , the authority of a very great part of those histories which no body yet hath questioned . if it were spoken of doctrines , it might hold , and sure to that belongs the axiome quoted , unicuique in arte suâ credendum est ; but in narrations it is the unreasonablest thing in the world , to require the narrator to be of that profession of which hee relates the fact ; for then no man must adventure to write a kings life but a king : and if mr. m. mr. a. or mr. s. being ministers of the word , shall write their letters concerning the parliaments victory at keinton , and relate the number of the slaine on that side , so farre inferiour to those on the kings , we must now upon this admonition retract that beliefe we then allowed them , and begin now ( though too late ) to question whether it were indeed a victory or no , which caused such solemne thanksgiving in this city . but then secondly , why this relation should so wholly belong to the profession of another , i. e. not to tertullians , i cannot yet discerne : for the maine of tertullian's testimony was , that the christians chose rather to suffer then to resist , though they were able ; because christian religion taught the one , and forbad the other : and this sure was not without the sphere of the divine . but for their strength to resist , depending on the number of christians , not as even ballancing the heathens in the empire , but as very considerable , and able to raise an army , if they would make head , i doubt not but tertullian , a presbyter , that now laboured in converting and confirming christians , and was not alwayes in his study , nay , who had lately been a lawyer , and so not unacquainted with the publike , might know and relate with farre better authority , then any who hath dared now to contradict him . for , for the art of ballancing the power of parties in a kingdome , and grounds of precise determination of such differences , ( which as the objecter denies tertullian , so he is unwilling to yeeld to the states-man himselfe ) you shall see anon that we have no need to make tertullian master of it , his relation will stand unmoved without it . the second proofe to blast tertullians relation , is the ordinary one in fashion now-a-dayes ; if any man differs in opinion from us , presently to examine his whole life , and if ever hee did or spake any thing unjustifiable , lay that vehemently to his charge , and by that defame him , and then we may spare the pains of answering his reasons , disproving his assertion ; he once lyed or sinned , and therefore it is ridiculous to expect any truth from him . the argument is this , he might mistake and miscarry in this , for not long after he miscarried so grievously , as to turne montanist , who called himselfe the holy ghost , &c. just as if i should resolve to beleeve no relation of any minister ( present in either of the armies ) of the strength of that army , untill i had examined , and were assured that hee were not a chiliast , an arrian , nor guilty of any others heresie condemned by the church : yea and more , till i had some degree of assurance that hee would never be such . or , as if i should resolve this man knew no logick , because in this period he offends so much against grammar in these words , [ to turn montanist , who called himselfe the holy ghost ; ] where the relative [ who ] hath certainly no antecedent ; tertullian cannot , for hee called not himselfe the holy ghost , but onely used that stile so ordinary now-a-dayes [ nos spirituales , ] and all others [ animales psychici ; ] and montanist cannot , unlesse as once areopagi signified the areopagites , so now by way of compensation , montanist must passe for montanas ; for he it was that called himselfe the holy ghost , not all or any of his followers . this way of concluding , from a slip in grammar , an ignorance in logick , ( especially being backt with the suffrage of so many unconcluding arguments ) will be as faire logicall proceeding , as to inferre , because tertullian afterward turned montanist , therefore then he spake hee knew not what . but then saint cyprian was no montanist , and yet he affirmed the same that tertullian doth , contra demetrian : as for the approving of dreames and furious phantasies for true prophesies , ( which is added to be revenged on tertullian , for contradicting this objecter ) i confesse i excuse not him , but wish we might learne any thing of him , rather then that . but i hope the narration we have now in hand , was neither maximilla's nor prisca's dreames : if it was a phantasie , it was quite contrary to a furious one . and for the close of this argument , wherein the warning is given as it were from heaven , how unsafe and dangerous it is to build on the authority of men , as i desire the reader may take it home with him , and from thence resolve to beleeve no longer any thing upon this objecters authority , so denudate of all reason ; so i doe not yet see , why hee that once erred , must never be allowed to speak truth ; the making of true narrations being compatible with the greatest heresie in the world . the third argument against tertullian's testimony , is an observation of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that there is a pronenesse of inclination in much devotion , in persons devoutly given , to over-value the workes and piety of other men . to which my onely answer shall be , that yet i hope it is not observed , that devout men are so strongly inclined to tell plaine lies , to this end , that they may make themselves over-valued by others . this must be tertullian's infirmity , ( if the objecter guesse aright ) being a christian himselfe , and in his apologie labouring to raise an high opinion of christians in the gentiles , to whom hee writes ; to which purpose , if he should forge falsities , i must confesse it were a shrewd weaknesse , very ill becoming devotion , whatever the practice of later times may say in excuse of it . the fourth proofe is from a second observation , that in the pious and orthodox fathers themselves , there are some touches and streins , some fibrae of the root of bitternesse , which afterwards grew rank in the times of popery , &c. the answ. all that i can collect from hence toward the conclusion designed , is , that this objectors sense is , that for tertullian to say there were christians enough in the roman empire to work revenge on their oppressors , was a spice of popery ; and so there is one new piece of popery more added , to the many which this age hath concluded under that title , above the inventory of the trent catechisme . and so now to debate this any further , or professe my selfe to opine as tertullian did , is to acknowledge my selfe popish , and that is as bad as prelaticall ; and so from henceforth all my arguments will but passe for temptations , which none but carnall men must submit to , be they never so demonstrative . yet must i have leave to wonder , how in the close of this section these words [ the sounder and more considerate knowledge of these latter times ] can have any reference to the point in hand : for certainly , for the strength of the then christian party , our knowledge in these latter times cannot be sounder or more considerate , then theirs that then lived amongst them : or if it be , the words [ latter times ] will be improper , for sure it will be affirmed onely of that time wherein mr. j. g. wrote this part of this book ; for i am confident he was the first that ever revealed this act of more considerate knowledge to the world . the fifth and last proof is , that what ever their number was , yet it is no wayes likely they should be fuffered to have any armes , &c. to which , and to all the prudentiall state motives whereon it is grounded , ( and so to all that section ) i shall return no answer but the very words of tertullian , which if all put together , they doe not defend their author from all their assaults , neither will i beleeve the christians strength was sufficient to buckle with their adversaries . his words are plain : first , if we would hostes exertos agere , deale like profest enemies , desiisset nobis vis numerorum & copiarum ? should we have wanted force of numbers ( i. e. men ) or armed souldiers ? ( for so sure copiae signifies . ) secondly , he saith as plainly , castella vestra , castra implevimus , we have filled your castles and camps , ( there , sure they were armed ; and so the thebaean legion , which yeelded themselves to the emperours butchery , wanted neither number nor armes to have resisted . ) thirdly , he saith , cui bello non idonei ? what war had we not been fit for ? etiam impares copiis , though we had not had so many armed men as they , qui tam libentèr trucidamur . their despising of death , ( nay , gladnesse to dye ) might have put them upon any hazard unarmed ; and hee professes the onely thing that kept them from resisting , was the doctrine which they had learnt , that it was more lawfull to be kil'd , then to kill . fourthly , hee saith , they had a way of revenge without arms , to wit , by departing from them , by that secession to have brought envie upon them ; ( as for example , upon dislike of the present state , to have gone to new-england , &c. to raise an odium upon the old ) but this they would not be so malicious as to doe neither : nay , besides , amissio tot civium ipsâ destitutione puniisset , the losse of so many citizens would have been a punishment , by making them lesse able to resist other enemies ; plures hostes , quàm cives usque remansissent , there would have been a greater number of enemies , then there would have been citizens remaining . fifthly , to put all beyond exception , he puts them in mind how one night with a few fire-brands they might have wrought their revenge , if it were lawfull for them to repay evill with evill . this one last particular being considered , is so full a demonstration of the truth now in debate , that supposing there were but one christian at liberty to use that one fire-brand , there can be no longer doubt but that there was sufficient strength to work their revenge , if their religion would have permitted them to doe so . and if their religion ( as was said out of him ) were the onely restraint , then certainly their weaknesse was not . nay , though they should after all this ( by a morally impossible supposition ) be supposed weak , yet if their religion did truly restraine them , as he professes it did , this were abundantly sufficient to decide the controversie betwixt us and the objecter . having proceeded thus farre in answer to the severall exceptions against the truth of tertullian's assertion , concerning the strength of those christians , i am invited farther by a second proffer of the objecter to make appeare , that although tertullian's assertion should be supposed true , yet it were unsufficient , it would not reach the question , or case in hand . this certainly is strange at first sight , the case in hand being , whether the reason of their non-resistance were their want of strength . which in all reason must be determined negatively , when once these two things are supposed ; first , that they had strength ; secondly , that the command of christ , or making of christianity was the cause of their non-resistance , and not want of strength . but there is no truth so evident , but the cunning of such a crafts-master will be able to transforme , both from evidence and truth ; and therefore ( though in all justice a man might vow never to have commerce with such a man more , that should undertake thus to master his understanding ; that he should beleeve and not beleeve the same thing ; yeeld the want of strength to be the cause , at the very time when hee acknowledges or supposes , first , no want of strength ; secondly , somewhat else , to wit , the command of christ , to be the cause ; ) yet i shall ( to exercise that christian meeknesse which i desire to assert by my actions , as well as words ) wait on this great artificer to the second part of his answer . the summe of which , as hee first sets it , is this , that supposing the father spake truth concerning their strength , yet on some considerations he mentions , it had been in those that were called to suffer , both want of wisdome in respect of themselves , and of charity in respect of others , if they should have made the least resistance . to which my onely answer shall be , to beseech him to consider , that this is part of tertullian's testimony , that the thing that restrained them was ( not this wisdome , but ) the doctrine of their christ ; concluding it more lawfull to be kil'd , then to kill ; and utterly unlawfull to repay evill for evill . and as for charity to others , i humbly wish that were , or may yet be considered , how much burden , &c. this resistance ( of which he is the profest a better ) hath brought on others , who are no parties on either side ; nor , i hope , ill christians , if their onely punishable crime be , making conscience of non-resistance . to the next section , in answer to a supposed reply , where he saith , that it is not probable they had any sufficiency of strength . i answer , that i cannot be so tame as thus to be caught , or so wild as to imagine that improbable , at a time when tertullian's testimony is supposed to be true , ( as now it is supposed ) the speciall part of which testimony is yeelded to be , that they had sufficient strength . and where he adds . that 't was not necessary they should be of one mind and judgement touching this sufficiency , &c. i answer , that wee doe not assert any such necessity , nor doth our cause any way incline us to it , or want that refuge : for sure we affirme not , that they did actually resist ( to which only , that concurrence would have been necessary ) but onely that they would not , though they were able ; and to the evidencing of that , the concurrence of judgement you speak of , is not materiall ; for if they that did so think of their strength , were upon grounds of christian patience and obedience , as farre from doing or attempting it as any other , these men would certainly have continued in the same obedience , though all the world had concurred with them in the opinion of their sufficiency . for , to professe christian meeknesse first , and then upon any supervenient occurrence to be ready for resistance , though it might be a character of the temporary ( that i say not hypocriticall ) subjection of our dayes , yet must not wee be so groundlesly uncharitable , as to affix it on those christians : and though the objecter should renounce his present supposition , and again contend , that tertullian lied , and so divest him of all authority as a father , of common honesty as a relater ; yet sure he will not be so severe to deny him so much of an ordinary rhetor , as to make that an ingredient in his apologie for christians , which were the highest piece of an accusation . grant but tertullian to have any skill in any of his professions , suppose him but an oratour , if not a divine , a tolerable pleader , if not a tolerable man ; allow him but skill at the deske , ( his first trade , before he was a christian ) the reputation of a little eloquence , though no sincerity , and his very pleadings will be argumentative , though his words may not . but 't is added in the third place , that having no invitation , countenance , or command from any authority , &c. their case was differing from ours . to which i answer againe , . that it was not still the want of such command or invitation , that restrained them , but the contrary command of christ ; as hath been cleare . but then secondly , i pray let me ask a question , as of one which i will in reason suppose not to be unacquainted with the sense of junius , brutus , and buchanan , and it is only this , whether , if all temporall magistrates neglect the worke of reformation , the ministers may not and ought not to attempt it , if they can hope to prevaile ? if so , then though the case be not just the same now and then , yet the difference is not materiall or pertinent ; for then sure ministers there would have been to invite , if that had been the christian way . but when it is added within three lines , that we are invited , &c. by as great and as lawfull an authority as this state hath any : i must confesse , i had thought that the king and both houses had been a greater authority , unlesse the meaning be not simply , but ad hoc , as great and as lawfull an authority as this state hath any , to doe what is now done ; and then sure it shall be granted by me , who professe my selfe to suppose it impossible , that any command given to this purpose should be lawfull , or able to secure any from that sentence of saint paul's , they that resist shall receive to themselves damnation . yet once more , it is possible that the authour , by this state may mean a republique , which though it be a word of some signification in some other countries , yet that our lawes acknowledge any such here , i have not yet been taught ; nor sure can any part of this kingdome without the king be capable of this title , till we have moulded a new forme of government , and new lawes , as the modell of that ; for undoubtedly the old ones are not acquainted with any such . but that i will hope is not the meaning , because it is added , that inferiour magistrates , &c. which seemeth to acknowledge , that the parliament without the king are but inferiour magistrates . of the agreeablenesse of that title of magistrates and rulers , to that body without the head , i purpose not to speake ; onely to that which is added , that they should be obeyed , as well as kings . i answer , ( without canvasing of the place in saint peter , which others have done ) that if they are to be obeyed ; but as well as kings , then . the king that commands not to doe it , is to be obeyed , as well as they . . not they against the king , for that the inferiority implies . an inferiour magistrate , in that that is lawfull , and within his commission , and not thwarted by a superiour , is to be obeyed as well as if he were superiour in that , or as well as the superiour in any thing else ; but sure not to the despising of the superiours lawfull commands , when they doe interpose ; for that were more then as well . when the king commands that which god and the law doth not forbid , it may be said , that his commands are to be obeyed as well as gods ; which the apostle intimates , when he saith , you must be subject for conscience sake ; and the ground of this truth is , because indeed god the supreme , commands that subjection to the king in such matters . but sure for all this the king is not to be obeyed against god , or where any countermand of his hath intervened ; for this were , in saint peter's phrase , to obey men ( not as well , but ) rather then god . thus is it in that other case , the inferiour is to be obeyed , as well as the superiour , ( in things lawfull , and not contradictory to the superiours commands ) upon that ground of necessity of obedience to the superiour , from whom he hath his commission , and as saint peter saith , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is sent of him ; i. e. of , or by that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , supereminent person , the king ; but sure this holds not against the superiour , as in the other case it did not . . not they , when they command to take up armes against him whom saint paul bids me not resist , upon pain of damnation ; and by my oath of allegiance ( if it were otherwise lawfull ) i have bound my selfe that i will not . whereupon it is observable , that the assertors of this warre are now brought to undertake , that damnation , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rom. . shall not signifie damnation , ( poor men , what a weak threed doth the sword hang in , that is just over their soules ? and what a sad condition would it be , if to one that dyes a confident martyr in this warre , damnation at the day of doome should prove to signifie damnation ? ) but some temporary mulct ; and yet withall , that this warre is not against the king ; ( when yet that other against the earle of essex his army , is not doubted to be against the parliament ; ) which two so strange , and yet distant holds , ( for if it be not against the king , what need of that other evasion from the damnation that belongs to resisters ? or if resisters shall carry it away so easily , why may not warre be avowed against the king , by any that will adventure his wrath ? ) doe sure signifie mens consciences to be strangely grounded , and themselves very groundlesly confident , which are satisfied upon no better principles , and whose practices are capable of no better security . upon these grounds thus laid , of obedience due to inferiour as well as superiour ( supreme it should be , for so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} must here signifie , and i hope that our king amongst us is such ) magistrates , the objecter puts a case , that the inferiour governour requires that which is onely honest , &c. as to doe our best to defend our selves against those that contrary to law and conscience assault us , the superiour that which is contrary to both , viz. to sit still , &c. in this case hee resolves it is most cleare on his side , for ( whether the lawfulnesse or necessity he intimates not of ) resistance against the superiour . to this i answer , that it is hard to beleeve that the objecter did not purposely intend to deceive his reader by that phrase [ onely honest , &c. ] for that is a very doubtfull sense ; it may signifie , that nothing else were honest , and then it is in that sense apparently false ; for if it were honest to take up armes against a king , yet sure may not-taking-up arms be honest too ; for ( whatever that crime of neutrality signifie in these dayes ) it may be lawfull for a man to suffer injury , to suffer himselfe to be defrauded ( and that by a king , as well as by an equall ) cor. . . i hope resistance , though it have lately commenced , and taken upon it the degree of vertue , yet hath not turned projector , got the monopoly of vertue and honesty into its hand , that it should engrosse and enclose that title , and there be no other vertue or honesty besides this : yet would the affirmations of some , out of no meaner place then the pulpit , [ that all that are for the king at this time are atheists or papists ] conclude and perswade thus much . but i would fain beleeve , that the meaning of the phrase [ onely honest , &c. ] is , [ no more then honest ] i. e. not necessary . but if that be it , then sure the superiour governour may deserve to be obeyed in forbidding it , as well as the inferiour in commanding : for it will not follow in that case , that the king commands somewhat contrary to the law of god , and nature ; but onely somewhat contrary to something which was agreeable , i. e. not against the law of god and nature ; i. e. prohibits a thing lawfull , not necessary ; as the other is supposed to command a thing lawfull , not necessary : which sure were as free for him to doe , as for the inferiour ; supposing , as the objector supposes , that the command of god indifferently extends it for obedience to either , in things that are lawfull . hence it appears , that in the case here put , the command of the superiour is falsly affirmed , to be an unlawfull command ; ( for then the matter of the inferiours command must be supposed , not onely honest , but necessary ) and if it be a lawfull one , it may and will then make void that obligation for that particular , which is supposed by the law of god to lie on us , to obey the inferiour in that which is lawfull . the short is , if that which is here spoken of , be in it selfe necessary , we must doe it , as in spight of all countermands of the superiour , so without all commands or invitations of the inferiour magistrate ; but if it be not necessary in it selfe , neither will the commands of an inferiour make it necessary to any who stands prohibited by a superiour . in the fourth section the objecter offers at a reason , why those ancient christians ( supposing strength in them ) should rather patiently suffer , because before their conversion they had consented to the emperour's power , whereby those edicts were made for the murthering of christians , &c. to which i answer , that it is ridiculous to seek out , or impose upon the reader probable or possible reasons for their non-resistance , when tertullian in their name specifies the true only reason , the gospel doctrine of christian patience and obedience . but for the particular of their consent , much might be added , to shew the vanity of that plea , if that were tanti , or pertinent . i shall only say , that if the emperour legally murthered christians , then their consent to that law ( or to the power of the emperour who made it ) would not bind or dispense with them to omit any thing necessary , or otherwise commanded by any greater power ; for if i swear to doe so , i must break my oath , non obstante what is concluded from psal. . . and if it were not otherwise necessary , or commanded by greater power then , neither is resistance now . and then , the kings prohibition will as much restrain me in any thing not necessary , as their heathenish consent could be supposed to restrain them then . nay , he that makes that consent a nullity . ( as this objecter in fine doth ) what reason can hee render , why he that gave that consent , might not plead that nullity , for such ( though carnall ) advantages as life is , if he could make good his pleading , and no other restraint lie on him , but onely that null-consent ? for the fifth section : how that may be lawfull [ for an entire body to doe , which may not be lawfull for a part , ] and so for us now , though not for them . i answer , that if the phrase [ entire body ] signifie the head and members too , then the period is true ; if not , then the whole section is fallacious : for it followes not , that though the representative body without the head is more then a party in the empire , without the representation of the rest , therefore the first may resist forcibly , though the second should not ; for he that from saint paul denies resistance of subjects indefinitely to kings , will not be moved from that hold , by discerning some other flight differences between subjects , unlesse they may appeare such that on one side they may authorize resistance . but then secondly , if the doctrine of christian patience , &c. were the cause of non-resistance , then sure was not this other consideration wherein they differ from us , the cause of it . well , having gone thus farre , in attendance on this objecter , and to exercise that patience , which we so much desire to perswade ; there is yet the greatest fort , behind unvanquished , erected in the sixth section , and rescued from all supposed assailants in six particulars following , set up like so many fortresses about it : the summe of it is ( for i would not be bound to recite what every one may read in a printed book ) that if those primitive christians had strength , and might lawfully have resisted , ( by the way , tertullian onely affirmes the first , and is so farre from supposing , that hee absolutely denies the second ) yet might god hide this liberty from them ; and so his after dispensations did require that he should hide it from them , and yet manifest it to us : and these dispensations he specifies to be gods counsell of antichrists coming into the world than , and of his being destroyed and cast out now . the hiding of this truth , of subjects power and right to resist their superiours , being necessary to help anti-christ up to his throne . and the commonalty of christians doing contrary to the will of their superiours , being the men that must have the principall hand in executing gods judgements upon the whore , revel. . , , , & . that is , in the pulling him down . to this whole discourse ( the first i am confident that ever was written on this subject ) i must answer by degrees , ( that i may not omit any thing that is added for proofe or explication by the authour ) and first , i must desire the word may or might [ may hide ] may be changed into plaine intelligible sense . say , did god hide the liberty of resistance from those primitive christians , or no ? if he did not , then away with this whole section , and particularly that affirmation , pag. . that gods dispensations did require that it should be hid from them . but if god did indeed hide it , then first , this is more then a supposition ; it is a plaine concession , that those christians tertullian speaks of , might not lawfully have resisted , though they had had strength ( which was so long denyed ) ; for the light being hidden , they must have done it without faith , or against conscience ; yea , and against gods determinate counsell ; who , ( the objecter saith ) had great causes to hide it ; of which one sure must be , that it should not be used . . here is a great secret of new divinity , that god hides truths ( not as christ spake in parables , because they seeing see not , mat. . . but ) on purpose to help antichrist to his throne ; ( of which more anon . ) as for that instance of those that eat herbs , i pray consider , whether that be pertinent to prove that god purposely hides truths from us , or particularly this truth in hand : for sure that liberty god hid from none in the apostles time ; for the preaching of the gospel manifested the lawfulnesse of meats , as well as herbs ; onely some saw not , or considered not that that was manifested ; and thinking some old legall obligation ( as others did circumcision ) to lie still on them , submitted to it out of piety . now apply this to the point in hand . certainly , the liberty of forcible resistance against superiours ( though it should be granted ) would never be found of this kind , a liberty brought into the world by christ , which before had not been there . if hee shall affirme it was , ( as hee must , if that instance of eating be pertinent ) though by the concession of the latter part , hee must disclaime all his former old-testament pleas for resistance , from the people about jonathan , from david , and from elisha ; yet will hee never give any probable appearance for the affirmation in the first part , that christ gave any such new before-unrevealed liberty : but rather , if any such liberty before there were , it was undoubtedly taken away by christ , from whose example and precepts it was that those primitive christians , and we also , dare not make use of that supposed liberty . the onely thing i can imagine possible to be replied , is , that though the comparison hold not exactly , yet it may hold in this , that as that liberty of eating was hid to some , ( it matters not by whom , or how ) so this of resisting to others . to which i returne , that then it is confest , that this instance doth onely illustrate the objecter's meaning ; but not so much as probably confirme his assertion : and then i am sorry i have considered it so long . and therefore to bring the point to an issue , i must thirdly aske , where this liberty , or the authority for this liberty was , when it was thus hid ? was it in the old testament ? though it should be there , as it is not , yet it might be taken away in the new , ( as those things which in the old testament , or the law of nature , are nearest to giving of that liberty , are absolutely reformed by christs doctrine and practice ) and then that were good for nothing . was it in the new ? then deale plainly , shew the place in the new testament which gives that liberty , and is now found out by posterity , though hidden to them . sure we have found out no new scripture , to them unknown , ( the nazarites gospel , though it rehearse some speeches of christ not in our canon , yet is not produced for any of this nature : that famous one which it fathers on our saviour , nunquam laeti sitis nisi cùm sratrem in charitate videritis , is of another stamp ; i would to god this apocryphall precept might be canonicall among us ) and for any place of the known canon mis-understood by them , and now clearly unclouded and revealed to us in a right understanding , which inforces this , i must be so charitable to the objecter , as to think that if hee had discerned any such , hee would not have failed to have shewed it us , ( as well as his interpretations of rom. . and revel. . . ) if it were but to leave us unexcusable for not being his proselytes . beyond these severall wayes of revelation , if posterity have had any other , ( or indeed any but that , of understanding of scripture by scripture light , or assistance of gods spirit , which was not before understood ) from whence to fetch a liberty which is not in the old bible , or is denyed in the new , this is it which wee desire so to warne men of , under the name of enthusiasme , which is hardly ever distinguishable from a demure frenzie , and i must call it now , the dreame of the dreamers , jud. . that despise dominion , speak evill of dignities , but farre from divine revelation . and yet that this is the thing that this objecter hath an eye to , ( and not the understanding of scripture more clearly then before ) may appeare , in that hee affirmes this truth hid from their teachers , ( though not from all without exception ) who yet if it were hid in the scripture , were of all others most unlikely not to find it . as for that offer of proofe , that this truth might lie hid , because there was no occasion of studying it : i answer , that in tertullian's dayes , when there was occasion to study it , ( as great as ever can arise any , because the persecutions then were as heavie persecutions ) we may by that argument think they would have searcht into it , at least the light then would not in ordinary account have proved more dim , as hee saith it did , if the scripture were the candlestick where this light was held out . that which he adds in the next place , of the spirit of courage , patience , and constancy , which was by god poured out on the church in those dayes , and so made martyrdome seeme a desirable thing to them , is more like a reason indeed of their not-inquiring into this liberty : and herein , i must acknowledge the ingenuity of the objecter , or the power of truth which extorted this reason from him , so little to the advantage of his cause , and so much of ours : for this is certainly the bottom of the businesse , the want of christian courage , patience , &c. ( for that kind of courage is not in fighting , but suffering ) hath helpt us of this last age to that [ dreame , not ] revelation of liberty , which was never heard of among the ancients . but by the way , it seemes by the objecter , that now martyrdome is no desirable thing , nor taking up christs crosse , nor following of him . wee are resolved to have no more to doe with martyrdome , think that the thousand yeares for the saints to reigne on earth are now at hand , and so suffering , or conformity to the image of christ , no longer the thing wee are predestin'd to ; wee must set up a new trade of fighting , destroying , resisting , rebelling , leave enduring to those christians which were furnished with extraordinary strength from heaven . which are the objecters words of the primitive christians ; which , saith hee , kept them from studying cases and questions about lawfulnesse of escaping ( which word meere shame hath put in , utterly impertinently , instead of resisting ) i confesse , i had thought our queen mary martyrs had had this strength from heaven too ; and that it was not like miracles , an extraordinary gift onely for the infancy of the church : but now it seemes wee must expect to see no more martyrs , till wee can remove mountaines againe : this objecter , it is cleare , is resolved against it at this time , and that his actions , as well as writings , will be ready to testifie . for my owne part , i trust i shall be as ready to oppose the one , as i am to confute the other , and to think nothing more christian still , then to be crucified with my christ ; and if i might chuse the article of christian doctrine which i should most desire to seale with my bloud , i thinke it would be that of meeknesse , patience , non-resistance , peaceablenesse , charity , which i conceive christ hath been so passionately earnest to recommend unto me , as most diametrically opposite to the most unchristian damning sinnes of pride , ambition , malice , rebellion , unquietnesse , uncontentednesse , &c. fourthly , for the whole discourse about antichrist , there must many things be returned : . that it is not tolerable in a christian to affirme , that god purposely hid truths , that antichrist might come into the world : this so harsh sense the objecter first disguises in another phrase , that god by speciall dispensation suffered him to make many truths his footstoole ; but indeed that reaches not home to the businesse undertaken to be proved , for it followes not thence , that this of resisting superiours was one of those truths : if it were , then god suffered him to make use of it , which hee could not but by its being made known , whereas hee supposes it was then hid . if hee meane antichrist hid it , and so made the holding it , his footstoole ; then . it was not god that hid it , as before hee said , but antichrist . . it had then been manifest before , and then began to be hid , when there was most occasion to use it ; which before hee made improbable . if i were put upon the rack , i could not give a rationall account of those words of the objecter last recited , or such as may but be consonant to his present undertakings . that which followes is more cleare , that god caused a dead sleep to fall upon those truths : if hee did , i wonder who first raised them out of that dead sleep , jun. brutus , or buchan . or mr. goodwin ? but still it seemes god did on purpose hide truths , in favour and assistance to antichrist , to help him into the world ; and this , not like the spirit of slumber sent on men for their punishment , but on divine truths , which sure had not deserved it . yet more particularly , that the doctrine of liberty to resist superiours should be so opposite in a speciall manner to antichrist , that it was fain to be laid asleep to give him passage into his throne , seemeth very strange to me . . because one piece of antichrists pride is , to exalt himselfe above all that is called god , which is mostly interpreted kings ; and if rightly , then they that doe so enhaunce the power of the people , as to make the king universis minorem , and loose the reins of obedience so farre as to permit resistance , will i feare discerne some part of the mark of the beast upon their own brests . . because the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , thes. . and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , vers. . that hindred , or let antichrist , and was like to doe so still , till he were taken out of the way , was by the fathers commonly resolved to be the roman empire , or imperiall soveraignty of rome : see tert. de resurr . c. . ambr. com . in thes. hier. qu. . ad algas . chrys. in thes. cyr. hier. catech. ● . aug. de civ. dei , l. . c. . lact. l. . c. . oecum . in loc. & ib. sever. & gen. and therefore on the sacking of rome by alaricus the goth , s. jerome presently expected that antichrist should come ; and in his book ad ageruchiam de monogam . wonders that any one would think of marrying at that time . hence , have learned men observed , was that custome in the most ancient times to pray in their lyturgies for the lasting of the roman empire , that so antichrist might be long a coming , tert. apol. c. . ad scap. c. . from whence , though nothing else can be demonstratively inferred , yet this certainly may , that in those many fathers opinion , the power of kings continuing intite , was not like to help antichrist in ; nor consequently , the bringing down that power , by the revelation of the doctrine of resistance , like to cause an abortion in antichrists birth , or now tend to the casting him out of the world . as for the evidence of that revelation-rule , that the communalty , in opposition to their kings , must have the great stroke in executing gods judgement on antichrist , proved , revel. . , , . i must answer , . that i shall never wonder enough at the power of prejudice evidenced in this objecter , by what hee hath put together to this purpose , pag. . to prove that the people contrary to their kings shall destroy antichrist , this is thought by him sufficient evidence , that the people are commanded to goe out of her , vers. . when vers. . it followes , that the kings of the earth shall bewaile her , and lament for her : the unconcludingnesse of the argument i shall not insist on , but onely looke forward to another place which hee cites immediatly , revel. . . where the ten kings are said to hate the whore , and make her desolate . now the word kings in this last place signifies , saith the objecter , not the persons of kings , but their states and kingdomes ; and to this purpose proofes are produced : but , first , i beseech him to deale ingenuously , doth the word king ever signifie the kingdome opposed to the king ; . any part of the kingdome excluding the king ? but then , . see the mystery of prejudice which i mentioned , where it is for the objecter's turne , revel. . the kings of the earth , must signifie their persons , in opposition to their people ; but where it is not for his turne , revel. . there the word kings , must signifie the people , or any but the king . would not the spirit of meeknesse have easily compounded this businesse , and have given the word [ kings ] leave in both places to signifie both their persons and their realmes ; and so have reconciled the places , that some kings with their kingdomes should bewaile her , and some againe hate her ; they bewaile her , that continued with her till her destruction , when they see the smoak of her burning , . . and others hate her , who had once tasted of her filthinesse , and repented and left her before : this were very agreeable to those texts , if wee had not peremptorily resolved to fetch some other sense out of them . . that first place alone by it selfe concludes onely thus much , that good men come ( or are exhorted to come ) out from antichrist , and avenge the whore ; and earthly men that have love to her , bewaile her ; but not that either the first are all common people , ( for sure kings may be called gods people , or be in that number ) or the second none but kings . as for the proofe that those people , vers. . are the subjects of those kings , vers. . because they are such as come out of babylon , sure that is very weak ; for babylon being the province of the whore , there may be kings as well as subjects there , and those kings come out too , as well as those subjects . for , suppose king and people of england all popish , why might they not all reform together ? it seems antichrist must never be cast out of a kingdome , till the people doe it in spight of the king ; and therefore it is concluded , that it was not done here in the dayes of king edward , nor queen elizabeth , nor king james : and now since the new revelations have assured men , that antichrist must now be cast out utterly from among us , it is become necessary that our soveraigne should be a papist ; and as much zeale , and as solid arguments used to perswade our friends that indeed he is so , ( though his constant word and actions now evidence the contrary ) as are produced to maintain any other article of our new saints beliefe : one of the most suspected and hated heresies of these dayes is , to doubt of the popish affections of our superiours , especially the king . well , by this doctrine , if the king should chance not to be a papist , hee must turne to be one , or else popery cannot be cast out in his time . if so hee should doe , turne papist on purpose to prepare , or dispose his kingdome to turne antichrist out , this might be but answerable to gods hiding of truths , to that end to help antichrist in . but should his majesty be so malicious as to prove protestant in earnest , then what would become of that sure word of prophecy , that so many have been perswaded to depend on , that antichrist must now be cast out of this kingdome ; which , saith the objector , cannot be , unlesse the people do it while the king bewailes . i hope i have said enough of this . as for the connexion of this observation , with the conclusion in hand , ( though it matter little now , the observation is proved so false , yet ) i shall adde , that if the people were to doe that great feat of casting out antichrist , yet it appeares not how liberty of forcible resisting their kings should be a necessary requisite to the work , unlesse the lawfull king be the antichrist in every countrey ; for otherwise it is very possible , that though they obey their kings , they may resist antichrist ; though they love and revere their lawfull superiour , they may hate and abjure their unlawfull . once more , whereas it is againe repeated , that the knowledge of the supposed subjects liberty would have kept antichrist from his throne ; i repeat again , that if it would , god sure would have revealed it to them of all others ; unlesse it appeare , that god was more angry with the sinnes of christians in tertullian's age , and so more fought against them , then hee doth in ours against us ; for though god may of mercy undeserved throw down antichrist , yet that hee should so immediately and illustriously labour to set him up , unlesse out of deserved indignation to a people , is not easily resolved ; yet if this may appeare de facto to be so , i shall yeeld ; till then , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the last blot laid on tertullian , to obliterate all whatsoever can be fetcht from him , is , that the authority of tertullian , and the submission of the christians , being both apocryphall , is too light to weigh against the practice of the great prophet elisha , &c. to which i answer , that that being supposed , yet the grounds on which tertullian saith the christians of his time did so patiently suffer , viz. the doctrine of christian patience and meeknesse , are not apocryphall , nor inferiour to that of elisha , though it were supposed to be argumentative , or concluding for resistance . for any thing else added by the objecter in this businesse , as the disproving of tertullian's relations on grounds of christian doctrine , from the contrary practice of david and elisha , though i might answer in one word , that christians are restrained from some things , which were practised without fault in the old testament ; yet because those old testament-examples have been fully cleared by many others of our writers , and indeed are not pertinent to the discourse i was upon , when this objecter first met me in the way , and led me this chace after him , i shall not be so impertinent as to adde any thing , but conceive my selfe to have vindicated the testimonies of those fathers from all possible objections , and so to have joyned the practice of christians , ( those ancient primitive ones ) and proved them correspondent to the example of christ , and so to have made good my second argument , proposed from the example of christ and christians . my third is , from the very making of christianity , and particularly of the protestant doctrine . and . of christianity , which as it differs from the lawes both of moses and nature , so it constantly reformes and perfects those ( dissolves not any thing that was morall in them , nor promises impunity for non-performance , but upon repentance and reformation ) elevates and raises them up to an higher pitch , at least then jewes or naturall men had conceived or understood themselves obliged to , which the ancient fathers generally resolve to be the meaning of his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , mat. . . to fill up all vacuities in those former lawes , and adde unto them that perfection which should be proportionable to that greater measure of grace now afforded under the gospell . thus in that sermon upon the mount , that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that top of practicall divinity , ( set down by way of particular instance of christs purpose , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) besides the third proaemiall beatitude , blessed are the meeke , which certainly though it may containe more , yet excludes not , but principally notes the meeke , obedient subjects under government , the non-resisters , and therefore hath the same promise annext which the law had given in the fifth commandement ; ( 't was there , that thy daies may be long in the land ; 't is here , they shall possesse the earth , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which psal. . . whence it is cited , refers clearely to the land of canaan , though improved into an higher sense now in the gospell . ) and againe , besides the seventh beatitude of the peace-makers , or peaceable , ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , being equivalent in the scripture stile , vid. jam. . . ) and the eighth , of those that are persecuted for righteousnesse sake , ( whence sure is not excluded the cause of religion and christianity it selfe ) as also of taking up the crosse ( of which i designe another discourse to speake more largely ) which sure are opposite enough to forcible resisting of lawfull magistrates , especially for religion : besides all these , i say , in the introduction to that sermon , there is in the body of the sermon it selfe , an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which sure prohibits all forcible resisting or violence even to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the injurious or ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) troublesome person , which if it should chance to be our king , would not certainly be more lawfully or christianly resisted , then any body else ; especially , when it is our religion which is invaded , which of all other things a whole army of plunderers cannot rob us of , ( as they may of the cloake , vers. . ) and therefore needs not our violence to retaine it ; nor is ever injured , but more illustrated by our suffering . to this may be added the consideration of the depositum left by christ with his disciples , pacem , peace , john . . ( which it seemes onely the beloved disciple had recorded ) peace i leave with you , externall peace , for the pacem meam , my peace , followes after as a gift perhaps peculiar to them that prised and kept this legacy : and if it be objected that christ came not to send peace , but a sword , mat. . . that sure refers not to christs prime counsell or purpose , but to the event ; what he foresaw it would be , or what he had determined it ought ( which manner of speech is very ordinary in all authors ) for the precept is punctuall to peter against the use of the sword , and to all the disciples for preserving of peace , mar. . . and to that it is thought the mention of falt belongs in that place , which among other qualities is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; unitive , have falt in your selves , and have peace one with another . on these texts , many effectuall emphaticall descants are added by the apostles , rom. . . if it be possible , as much as in you lieth , live peaceably with all men , and heb. . . follow peace with all men , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an agonisticall word to run for it as for a prize , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and thess. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , we render it , study ( it is , be emulous , contend , strive , make it your ambition ) to be quiet , to which i shall onely adde two places more , jam. . , . the wisdome which cometh from above is first pure , then peaceable , &c. which before , ver. . he had called meeknesse of wisdome , then pet. . . where after direction for the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} obedience of wives to husbands ( and we know the kingdomes relation to the king is besides others , that of a wife to an husband who is therefore espoused to it with the ring at his coronation ) it is added , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that her bravery consists in the sincerity ( i think it should be rendred ) of a meeke and quiet spirit , which is in the sight of god of great price . if it be objected , that these many places of peace are but generall wide illations against resistance , or however , no more pertinent to the case about resisting of magistrates , then of any other private man : i answer , that though i might thus argue , á minori , ( and also assume that no other resistance is neare so destructive of peace , as that resisting of the supreme power , that being indeed the shaking of government it selfe , which is the band of peace , and the dissolving of which returnes us to the state of common hostility , leaves us a wildernesse of beares or tygers , not a society of men ) yet i shall confesse , that i intended not to lay any more weight on this part of the argument , then any man will acknowledge it able to beare , and that therefore before i inferre my conclusion of non-resistance from the making of christianity , i must adde to these places so passionate for peace , another sort of places concerning obedience , of which ( without naming the places being so knowne already ) i shall venture this observation , that in the new testament especially the epistles of the apostles ( which were all written in time of the reigne of wicked heathen bloody adversaries of christianity , and can referre to none but those ) there is no one christian vertue , or article of faith more cleerly delivered , more effectually inforced upon our understandings and affections to be acknowledged by the one ( against all pretence of christian liberty to the contrary ) and submitted to by the other , then that of obedience to kings , &c. it were most easie to vindicate those places from all the glosses and scholia's that the writers of this yeare , mr. goodwin in anticav . mr bur. mr. bridges , &c. have invented to free themselves and others from the obedience most strictly required there , but i would not againe trouble any ingenuous man with such extravagant discourses as even now i learnt by experience would be necessary to answere such exceptions , which mens wit or somewhat worse hath produced ; besides , those places have beene by others vindicated already . i shall onely say , whosoever can without coloured spectacles find ground for the present resistance in those places of scripture , rom. . pet. . . , &c. so farre as to settle and quiet a conscience , i shall not conceive my understanding fit to duell with his , any more then i would wrestle with a fiend , or combate with the fire , which pythagoras tels me would availe little ; he that can be sure that damnation ( rom. . . ) signifies not damnation , but some temporary mulct onely ( if the king should proveable to inflict it ) when , vers. . it is added we must needs be subject , not onely for wrath , ( i. e. feare of temporary punishment ) but also for conscience sake , ( which when it accuses , bindes over to eternall wrath , or damnation ) i professe i know not what camell he may not swallow ; i shall onely in the bowels of christ desire him to consider , what a sad condition it would prove , if being on this confidence engaged , and by gods hand taken away in this warre he should at gods tribunall heare saint paul avouch , that by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or damnation in that place , he did meane no lesse then eternall damnation without repentance : o how would his countenance change , his thoughts trouble him , the joynts of his loynes be loosed , and his knees smite one against another , one generall {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} possesse all his faculties , and mr. bridg : &c. be unable to settle him or give him confidence any longer , when the tekel shall come out of the wall over against that interpretation of his , that it is weighed in the ballance ( of truth and judgement ) and found wanting ; of this word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} i designe another disquisition : onely i could not deferre to forewarne the reader of his danger in this place , and now i shall not doubt from the making of christianity to inferre my conclusion of non-resistance , not doubting but the premises will beare it . for the other part of this third argument from the making of the protestant doctrine , i would faine be very briefe by way of compensation for my former importunity , and therefore shall engage my selfe not to trouble the reader with citations or names , which yet might be brought by hundreds of reformed writers for every junius brutus , and buchanan that hath appeared for the contrary since the reformation . though the truth is , suchas these if they must be called protestants , are yet in this somewhat more then that title ever imported , i may say perfect jesuits in their principles , and resolutions concerning kings ( no papists of any order hath gone so farre ) although they differ somewhat in the seat of that power of making such resistance . that which i designed to say on this point is onely this ; that the doctrine of allegiance to kings , and of their supremacy in all causes , hath alwayes beene counted a principall head of difference betweene the protestants and the worst of papists , and a speciall evidence , which most men have used , to conclude the papacy to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the antichrist , is this that the pope exalteth himselfe above all that is called god : . the kings of the earth , that he in case the king be not a catholicke , absolves subjects from their allegiance to him , that he pretends power over them in spirituall things , and in temporall in ordine ad spiritualia . it is not unknowne to any that the oath of supremacy if not of allegiance among us is principally designed to discerne and discover papists , of whom , one of the prayers appointed for the fifth of november affirmes , that their religion is rebellion , that sure is , that one maine difference betwixt romish and english , popish , and protestant doctrine , is that of liberty to rebell in some cases , particularly in that of religion : in opposition to all which doctrines or insinuations of theirs , there is no church that ever-exprest their sense in any article more fully and largely , then ours hath in this particular , witnesse the severall parts of the homily of disobedience and rebellion , printed in queene elizabeths time . and if herein all other parts of the reformed church have not gone as farre as we , yet shall i not retract my asserting this doctrine purely protestant , . because this kingdome hath alwayes beene esteemed a prime part of the reformation , wherein the papacy was legally cast out , not by violence or tumults of the people , and so nothing rejected but what in sobriety was necessary to be rejected , and therefore our church hath generally beene the norma , or rule , by which others have desired to compose themselves , and never yet any other so preferred before us , as that our ancestours could thinke sit to conforme to them . . because in many other countries the government is not regall , or monarchicall , as here it is , bodin . l. . c. . de rep. can finde none of this nature in europe , but france and spaine , and england and scotland ( i conceive ireland he contained under the word angliam ) in which , saith he , reges sine controversiâ jura omnia majestatis habent per se : singules civibus nec universis fas est ( it seemes master dale our embassadour , from whom he had received his advertisements of the state of this kingdome had not then heard that our king , though singulis major , is universis minor , which certainly had divested him of all soveraignty , it being impossible that the soveraigne or supreme of all should be minor then any ) summi principis vitam , famam aut fortunas in discrimen vocare , seuvi , seu judicio constituto id fiat , &c. as for the emperour of germany , charles the fifth by name , he saith plainly , tyrannide cives ad rempublicam oppressit , cùm jura majestatis non haberet , which if it be true , will be some excuse to the germane princes in what they did at that time in taking up armes for religion , though it is most certaine what he affirmes , that when those princes consulted m. luther about it , num id jure divino liceret , whether it were lawfull in the sight of god , ille negavit , he resolved it utterly unlawfull : this answer , saith bodin , luther gave perinde atque si carolus summam imperii solus haberet , and therefore much more must it be given when the case is of a monarch indeed , as he concludes ; and though he acknowledge that distinction , which it seemes luther did not , betwixt that emperour and true monarchs , yet is he faine to passe a sad observation upon the fact of those princes , in taking up armes for religion , against luther's advice , ita funestum bellum reique publicae calamitosum susceptum est , cum ingenti principum ac civium strage , quia justa causa nulla videri potest adversus patriam arma sumendi . i would to god those words were englisht in every of our hearts : a direfull and calamitous warre with the slaughter of all sorts , because ( though it were for religion ) yet no cause can be counted just of taking up arms against one's country . the truth is , what was done there though , . very unhappily , and . against no monarch , hath been thought imitable by knox and buchanan in scotland , and from thence infused into some few into england , as penry , &c. but by gods providence hath formerly beene timously restrained , and not broken out to the defaming of our protestant profession . it seemes now our sinnes are ripe for such a judgement , the land divided into two extreame sinfull parts ; one by their sinnes fitted to suffer under this doctrine , others sinfull enough to be permitted to broach and prosecute it . i meekly thanke god , that though my sins are strangely great , yet he hath not given me up to that latter judgement . i conceive i have also given some hints at least of proving my position from the making of the protestant doctrine . now for the last topicke , taken from the constitution of this kingdome . though that be the lawyers taske , very prosperously undertaken by others , yet one generall notion there is of our laws , which from my childhood i have imbibed , and therefore conceive common to all others with me ; and it is this , that the lawes of this kingdome put no man ( no papists i am sure ) to death for religion . when jesuits and seminary-priests have suffered , every man is so perfect in the law , as to know that it is for treason , by a statute that makes it such for them to come into this kingdome . the truth of this , and the constant pleading of it against all objecters , hath made me swallow it as a principle of our law , that even popery strictly taken ( and not onely as now this last yeare it hath learnt to enlarge its importance ) is no capitall crime . from whence , i professe , i know no impediment to forbid me to conclude , that in the constitution of our state no warre for religion is accounted a lawfull warre ; for that it should be lawfull to kill whole multitudes without any enditement , yea , and by attempting it , to endanger , at least , our owne , . many good protestants lives , for that , which if it were proved against any single man , would not touch his life in the least degree , is , i must acknowledge , one of the arcana belli which i cannot see into . and therefore sleidan tels us of m. luther , that he would not allow a warre , though but defensive , with the turke himselfe , com . lib. . pag. . and though after he had mitigated his opinion upon a new state of the question , and perswaded the emperour to it , yet it was with this limitation , modò nec vindictae , nec gloriae , nec emolumenti causâ subeatur , ( three things that are very rarely kept out of warre ) sed tantùm ut sparcissimum latronem , non ex religionis , sed furti & injuriarum actione aggrediantur . it seemes the cause of religion , although it were of christianity against mahometisme , was not to him a sufficient warrant for a defensive war . but then . for this warre to be waged against the prince , ( or by any one but the prince , in a monarchie , as this is ) who whatsoever he hath not , hath certainly the power of the sword immediatly from god ( or else must be acknowledged not to have it at all , for this power cannot be in any people originally , or anywhere but in god , and therefore it may be most truly said , that though the regall power were confest to be first given by the people , yet the power of the sword , wherewith regality is endowed , would be a superaddition of gods , never belonging to regall or whatever other power , till god annext it : in gen. . . which also seemes to be out of all dispute in this kingdome , even at this time , where the universall body of the commonalty , even by those that would have the regall power originally in them , is not yet affirmed to have any aggregate power , any farther then every man single out of government was presumed to have over himselfe , which sure was not power of his owne life ; for even in nature there is felonia de se , and therefore the representative body of the commons , is so farre from being a judicature in capitall matters , that it cannot administer an oath ) and therefore is not justly invasible by any subject , or community of subjects , who certainly have not that power , nor pretend to have it , and when they take it , thinke it necessary to excuse that fact by pretence of necessity , which every body knowes , is the colour for those things which have no ordinary meanes of justifying them ( like that which divines say of saving of children and ideots , &c. by some extraordinary way . ) nay , . for this warre to be waged , not against popery , truly so called , but against the onely true protestant religion , as it stands ( and by attempting to make new lawes is acknowledged as yet to stand ) establisht by the old lawes of the land , and therefore is faine to be called popish ( and our martyr-reformers not able , by those fiery chariots of theirs , to get out of the confines of babylon ) that it may be fit to be destroyed ; just as the primitive christians were by the persecuters put in wilde beasts skins , that in those shapes they might be devoured : this i confesse is to me a complication of riddles , ( and therefore put by some artist under that deep-dark-phrase , and title of fundamentall lawes of the kingdome ) to which certainly no liberty or right of the subject in magna carta , no nor legislative power , will enable any man to give any intelligible , much lesse legall name : at which i professe i am not ill pleased , because this i hope will keepe it from being recorded to posterity . i have done with my fourth argument , and am heartily sorry i have kept my reader so long from his prayers , which must set an end to this controversie , for sure arguments are too blunt to doe it ; i beseech god to direct all our hearts to a constant use of those meanes ( together with fasting and abstinence , at least from farther provoking sins ) to exorcize that evill spirit that hath divided his titles ( of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and now at length , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) among us , and by those meanes infused his mortiferous poyson into the very veines of this whole kingdome . [ i create the fruit of the lips , peace , peace to him that is farre off , &c. and i will heale him . thou hast moved the land , and divided it , heale the sores thereof , for it shaketh . ] the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , according to its origination signifies censure , judgement , and in its making hath no intimation , either of the quality of the offence to which that judgement belongs , or of the judge who inflicts it : that it belongs to humane judgements , or sentences of temporall punishments sometimes , is apparent by luke . . where one thiefe saith to the other , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , meaning it seemes , the same sentence of death , or capitall punishment , called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , c. . . judgement of death , temporall ; and that at other times it signifies also divine judgement , is as apparent , act. ● . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , judgement to come , that is , certainly at the end of this world , at the day of doome . so rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the judgement of god , and so againe , vers. . which vers . . is explained to be wrath or punishment against the day of wrath , &c. so heb. . . resurrection of the dead , and eternall judgement . the truth is in this sense it is most-what taken in this booke , see matth. . . mar. . . luke . . rom. . . and therefore hesychius , the best glossary for the new-testament , renders it {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , gods retribution or payment , or rendering according to works . it will not be worth while to survey and consider every place where the word is used , he that shall doe so , will perhaps resolve with me to accept of that glossary , and understand it constantly of gods judgment ; unlesse , when the circumstances of the place shall inforce the contrary , as they doe in the places first mentioned , and cor. . . but then when the context rather leades to the second sense , there will be great danger for any man to apply it to humane judgements , for by so doing , hee may slatter himselfe or others in some sin , and run into that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as it signifies eternall judgement , when by that mis-understanding he doth not conceive himselfe in any danger of it . of places which without all controversie thus interpret themselves ; i will mention two , pet. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee render it , whose judgement of a long time lingereth not : which that it belongs to eternall vengence , appeares by the next words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee render it , their damnation , it is literally , their destruction sleepeth not . the second place is , tim , . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , fall into the condemnation of the devill ; that is , sure into that sentence that fell upon lucifer for his pride ( being cast out of heaven , and reserved to chaines of eternall darknesse ) for the person spoken of here , is the novice , or new convert , lifted up with pride , just parallel to the angells newly created , lifted up with pride also , the crimes and the persons parallel , and so sure the punishment also . now three places more there are which appeare to me by the same meanes of evidence , or rule of interpreting , to belong to the same sense , though i cannot say of them as i did before , [ without controversie ] for i see it is not onely doubted by some , whether they doe belong to this sense or no , but that it is resolved they doe not : which resolution sure must be obnoxious to some danger , that i say no worse of it . the first of these places is , rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : we render it , they that resist shall receive to themselves damnation : but say others , it must be rendred judgement , as that signifies some temporary punishment which the higher powers may inflict , and nothing else : and this they labour to make appeare by the words following : for rulers are a terrour to evill works , and he beareth not the sword in vaine , &c. to which i answer , that there is no doubt made by me or any , but that rulers are to punish men for evill works , particularly that of resistance against them , and not onely that , but also crimes against our brethren , and god ; and in that respect it is added , vers. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the minister or officer of god he is , and executioner for wrath , that is , punishment temporall to him ( indefinitely ) that doth evill . but doth it follow from hence , that either he that makes forcible resistance against the superiour or supreme power , or that commits any other sinne ( which the supreme power is set to avenge or punish temporally ) shall incurre no eternall punishment ? if this new divinity should be entertained , it must be priviledge and protection to other sins , as well as resistance and rebellion , even to all that any judiciall lawes have power to punish , for in these also he is the minister of god , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an avenger , or executioner for punishment , and there is no avoiding it ; but this must be extended indefinitely , or vniversally , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to any malefactour punishable by that power , or that comes under this cognisance ; and so by this logicke , he that is hanged , may not be damned , what ever his crime be ; an execution on earth shall be as good as a purgatory to excuse him from any other punishment . but then secondly , suppose a rebell escape the hand of justice here below , by slight , &c. nay , that he prosper in his rebellion , and get the better of it , that the king be not able to punish him ; nay , yet farther , that he proceed higher , despose the king , and get into his place , what {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is he like to receive , if that signifie onely the kings wrath or temporall punishment ? sure this prosperousnesse of the crime must make it cease to be a crime , make it commence vertue , as the turkes on their principles are wont to resolve it , saith busbequius , ep. . — ex opinione quae turcis insedit ut res quocunque consilio institutas , si bene cadunt , ad deum authorem referant , &c. or else give it , ( though it be a sinne never so great , and unrepented of ) perfect impunity both in this world , and in another : and certainly this is no jest , for he that observes the behaviours of many men , ( the no manner of regrets or reluctancies in their course of forcible resistance , ( save onely when they conceive it goes not on so prosperously as it was wont ) and the great weekly industry that is used to perswade all men of the continued prosperity of the side , as being conceived farre more usefull and instrumentall to their ends , then the demonstration of the justice of it , mens consciences being resolved more by the diurnall , then the bible , by the intelligencer then the divine , unlesse he turne intelligencer also , i would we had not so many of those pluralists . ) will have reason to resolve that this divinity is the principle by which they move ; which if it be not yet brought to absurdities enough , then looke a little forward to the conclusion , deduced and inferr'd vers . . wherefore ye must be subject , not onely for wrath , but also for conscience sake . words by prophetick spirit added by the apostle , as it were on purpose to contradict in terminis , that new interpretation . wrath signifies that temporall punishment , vers. . which if it were the all that is meant by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , then how can it be true , that we must be subject not onely for wrath ? certainely he that resists is not subject ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is all one with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and both directly contrary to {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word used both in the third and fifth verse ) and therefore if we must be subject not onely for wrath , as that signifies temporall punishment , then he that resists , shall receive more then wrath , as that signifies temporall punishment , viz. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in our rendering , condemnation , if he doe not prevent it timously by repentance : which sure is the importance of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but also for conscience sake ; that if he doe it not , it will be sin to him , wound his conscience , bind him over to that punishment which belongs to an accusing conscience , ( which sure is more then a temporall mulct ) which is farther cleare from the first verse of that chapter , the command of subjection . for sure , every divine or apostolicall command entred into the canon of scripture , doth bind conscience ; and the breach of it , knowne and deliberate , is no lesse then a damning sinne , even under the gospel , mortiferous and destructive without repentance ; which is just equivalent to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he shall receive damnation , in our way of interpreting it . so much for that first place . the second is , cor. . . he that eateth and drinketh unworthily , eateth and drinketh damnation ( or as our margent , judgement ) to himselfe , &c. this place i find avouched for the confirming of the former interpretation , rom. . that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies onely temporall punishment ; and thus it is known the socinians commonly interpret this place , per {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} non sempiternam damnationem nominatim , sed supplicium in genere intelligendum esse . volkelius l. . de ver. rel. . l. . c. . that which is used to perswade this to be probable , is that which followes vers. . for this cause many are weak and sickly among you , and many sleep ; which belonging onely to temporall punishments , is conceived to be a periphrasis of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , judgement , which should seem consequently to be so also : and , indeed , volkelius hath added other proofes , . because the apostle speaks of any one single act of this sin of unworthy receiving , ( not of any habit , or custome ) which hee conceives not actually damning now under the second covenant . . because it is vers. . and when we are judged , we are chastened of the lord , that we should not be condemned , &c. to these three ( and i know not that there are produced any more ) probabilities , i conceive cleare satisfaction may be given by those who affirme {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to contain in it eternall punishment : though if it were onely temporall punishment , yet being sicknesse , &c. which are not inflicted by the magistrate , but by the hand of god , it will not come home to that which was by master br. affirmed of the word in rom. . for this must be premised , that wee doe not conceive it to signifie eternall punishments , exclusivè , or so as to exclude temporall , but eternall and sometimes temporall too ; ( for so sure hee that for his rebellion receives damnation , hereafter , is not secured from being hang'd , drawn , and quarter'd here ) or else eternall if hee repent not , and perhaps temporall though hee doe : by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as i said , i understand with hesychius , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , gods vengeance , whether here , or in another world ; but , i say , in this place both of them , ( and so ordinarily in the former also . ) this being premised , the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may still containe in it eternall punishments , vers. . though many for this cause of unworthy receiving did fall sick and die , vers. . for . they might both die and be damned too ; or if , as volkelius saith , the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , obdormiscunt , sleep , be never used in the new-testament , of those that are destined to eternall destruction , then still may this be very reconcileable with our interpretation , that many for this cause are weak and sickly , and many others sleep , god chastising some by diseases to reforme them , and punishing others , who , as volkelius acknowledges , were guilty onely of some single act of the sinne onely , with death temporall , or shortning their dayes ; which certainly hinders not but that god might punish others that did customarily commit this sinne ( and perhaps with greater aggravations ) with no lesse then eternall death , however that it were just for him to doe so , whatever hee did , it is plaine by vers . . which is parallel to the . whosoever shall eat and drink unworthily , shall be guilty of the body and bloud of the lord ; that is , in volkelius his own words , ipusm christi corpus ac sanguinem contemnere & ignominiâ afficere , ac quantam in ipsis est profanare proculcareque censendi sunt , shall be thought to contemne and disgrace , and as much as in them lies to profane , and tread under feet the body and bloud of christ ; which , what is it but to count the bloud of the covenant an unholy thing , heb. . ? which yet there is used as a maine aggravation of that sinne , for which , saith the apostle , there remaines no more sacrifice , vers. . it is apparent that the phrase {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , guilty of the body , &c. is parallel to the latine , reus majestatis , used for a traitour , and sure signifies no lesse then a guilt of a great injury to christ ; which how any man can affirme to be a sinne to which no damnation belongs , ( supposing no antidote of invincible ignorance or weaknesse , nor recovery by repentance , nor gracious pardon of god in not imputing some single act of it ) i professe my selfe not to discern , though i think i have weighed impartially all that is said of it . this sure will keep the first proofe from being any longer probable ; and for the second , ( or first of volkelius ) it is already in effect answered too ; for though hee that is guilty onely of some one act of this sinne found mercy , yet sure they that are guilty of the customary sinne , may speed worse : and indeed of all indefinitely the apostle speaks according to the sinne ; as when hee saith , the drunkard and adulterer shall not inherite the kingdome of god : where yet perhaps he that is guilty onely of one such act , may find mercy . for the last proofe , i conceive it so farre from being a probable one against me , that i shall resolve it a convincing one on my side ; for if those that were sick , &c. were chastened of the lord , that they should not be condemned , then sure if they had not been so chastened , nor reformed by that chastening , they should have been condemned with the world ; and so their temporall judgements may be a meanes , through the mercy of god in christ , to free them from their eternall , but not an argument that eternall was not due to them , but a perfect intimation that it was . the third place ( which is not indeed of much importance in it selfe , but only is used to give countenance to the interpretation in the two former places ) is pet. . . the time is come that judgement must begin at the house of god . here , say they , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} judgement , is that that befalls the house of god , the godly ; therefore but temporall judgements . to which i answer in a word , that here is a mistake in applying judgement in its latitude to the house of god , when onely it is affirmed by saint peter {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the beginning or first part of judgement : for of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or judgement , in this verse , there are specified two parts , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the first part , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the end ( or as the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seems to sound in our english , the taile ) of it ; as psal. . . the cup of gods displeasure , or punitive justice , is supposed to consist of two parts , . red wine , ( or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) and . mixture of myrrhe and other poysonous bitter spices , called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , apocal. . . and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , mat. . . and both together , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , myrrhate wine , mar. . . now , this cup is poured out , and tasted of indefinitely , by the godly some part of it ; but the dregs thereof , i. e. the myrrhe-bitter part , that goes to the bottome , is left for the wicked to wring out and drink : so that onely the tolerable , supportable , easie part of the judgement belongs unto the godly ; but the end , the dregs , the unsupportable part , to those that obey not the gospel of god . or yet a little further , the beginning or first part , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of the judgement , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from the godly , ( and so it was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) intimating , that the judgement doth not stay upon them , but onely take rise from them : but the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the second , sadder part of it , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of them , ( or belongs to them ) that obey not , &c. so that still in this place also , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies gods judgement of this life and another both ; not of this life onely , to the excluding of the other , but one part in this life , another in that other : and though the godly had their part in it , yet there was somewhat in the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that the godly never tasted of , but only the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they that disobeyed the gospel of god : and this is apparent by vers . . for if the righteous {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee read it , scarcely be saved ; it signifies ( by comparing that place with pro. . . where instead of recompensed on the earth , the greek translation reads , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) be rendred unto , or recompensed , i. e. punished in the earth , then where shall the ungodly and sinners appeare ? there are againe the two parts of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , one {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , gods retribution to sinne here , wherein the godly have their part ; and the other , his rendring to the wicked hereafter ; and so neither of them the punishment of the magistrate in this life , as mr. bridg. out of piscator , contends to have it , rom. . and as it must be here also , if others speake pertinently , who use it to avoid that interpretation , which i confesse mr. bridg. doth not . they that are unlearned and unstable wrest the scriptures to their owne destruction . yee therefore beloved , seeing yee know these things before , beware lest you also be led away with the errour of the wicked , and fall from your owne stedfastnesse , pet. . , . of the zealots among the iewes , and the liberty taken by them . there was among the jewes , either truly or pretendedly , a judicium zelotarum , a peculiar liberty or power of zelots , ( i. e. of private men led by zeale ) to punish or execute malefactors , whether with death , or any lower punishment . these they stile pious-men inflamed with the zeale of god : and these were wont , when they found any man in the fact , guilty of sedition , blasphemy , or any other crime of the greater size , openly and publikely committed , presently to set upon him , to smite , and if need were , to kill him , without any processe of law against him . the originall of these came from the fact of phinees , num. . . of whom mattathias , in his dying oration to his sonnes , hath these words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . phinees our father ( by zealing the zeale of god , saith the vulgar latine ) by behaving himselfe zealously , received the promise of an eternall priesthood , mac. . . which is also affirmed of elias , vers. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . elias by zealing the zeale of the law , or behaving himselfe zealously for the law , was received up to heaven ; ( which belongs to that fact of elias , immediately before his assumption , when he call'd twice for fire from heaven on ahaziah's messengers , king. . , . unlesse you will rather apply it to that fact of his , king. . . against the prophets of baal , whom hee apprehended and slew together every man of them : ) by which examples hee there stirres up and incites his sonnes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to be zealous for the law , vers. . though not to commit any such particular act of that nature , as that which those had done . testimonies of jewish writers to this purpose , master selden hath put together in his book , de jure natur. & gent. ad heb. plac . lib. . cap. . and given some hints of explaining some difficulties in the new-testament from thence . to this belongs that fact of christ , joh. . . as appeares by the disciples ; of whom it is said , vers. . that upon that occasion they remembred how it was written by the psalmist , psal. . . the zeale of thy house , or for thy house , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , hath fed on me , or carried me with a kind of fury . that christ did not take upon him to be a magistrate , or a judge , or a publike person here on earth , is sufficiently acknowledged : as also , that as a private man hee neither did , nor attempted any thing contrary to the lawes or customs of the jewes or romans : or if hee had , that the jewes who had a competent measure of animosity against him , would not probably have suffered him to have done it scot-free . from all which it will follow undoubtedly , that this was done by christ , jure zelotarum , by the power that belonged to the zealots , for whom onely the law allowed this liberty . the same is to be said of that attempt of the jewes , joh. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the jewes therefore carried stones again that they might stone him , no legall processe having preceded . the same master selden notes of the servant of the high priest that struck christ , joh. . . whose answer is a seeming argument of it , vers. . if i have spoken well , why smitest thou me ? intimating , that if hee had said any thing amisse , or irreverently of the high priest , hee should not have questioned his striking him : and yet the truth is , the phrase {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , beare witnesse of the evill , seems an advertisement , that if christ had offended , it would have better become the servant to have accused and witnessed against him , proceeded legally , then thus , jure zelotarum , to have stricken him . on the same ground was the fact of ananias , act. . . though sitting in the sanhedrin , when he appointed paul to be smitten , though without any just crime also . the like proceedings the scribes were , it seemes , affraid of , luk. . . the people will stone us : which must have been an act of popular zeale , without publike judgement . that saint steven , act. . . was stoned after this manner , is observed by hugo grotius , and certainly upon good reasons ; for although hee were accused of blasphemy , c. . and false witnesses brought to that purpose , yet after that , there was nothing legally past against him through all the seventh chapter , beside his apology for himselfe to the high priest . in the conclusion of which ( no sentence passing against him ) it followes , that the people {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , vers. . which hesychius will help us to render thus , they were very angry , they were madded with fury or zeale against him , and gnashed their teeth ( it seems that flame of zeale produced the same effect in them that the flames of hell are said to doe , mat. . . ) against him , and crying with a loud voice , they stopp'd their eares , and ran with one accord upon him , ( all which , were evidences of a most violent zeale ) and cast him out of the city , and stoned him ; which out of doubt was not now lawfull for the jewes , ( all power of capitall punishment being before this taken from them , joh. . . ) nor before legall condemnation ever lawfull by the common way of proceeding ; no nor after condemnation , to be done thus tumultuously by the people : save onely that by the liberty of zealots it was permitted . so act. . . it befell saint paul , ( god in his providence permitting him to be thus dealt with , by way of retaliation , for his having an hand in stoning saint steven , when barnabas met not with the like adventure ) certaine jewes that came from antioch and iconium having stoned paul , &c. by this judgement onely of zeale , which we now speake of . hither perhaps we may referre that of the jewes , who brought the woman taken in adultery to christ , that she might be stoned ; not desiring , as it appears , that christ should give sentence of death on her by ordinary legall judicature , ( for neither was christ a judge , nor had the jewes now power of capitall punishment ) but by the liberty of zealots , which was thought principally to belong to that case of one taken {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in the very fact , as appeares by the example of phinees . so act. . that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , great cry ( such as was observed in the story of saint steven ) was the beginning of the flaming of zeale , and vers. . it followes , that the chiefe captaine , or tribune , sent souldiers to rescue and defend paul , that hee might not be taken by that party of zealots , who , vers. . had bound themselves under a curse , that they would neither eat nor drink untill they had slain paul ; who sure could not have done so impunè , had it not been thus indulged to them , as zealots . so when james and john demand of christ , whether they should command fire from heaven to descend on a village of the samaritanes , luk. . . this they did by the liberty of zealots , for the legality of their action taking their pattern from the example of elias , and presuming of the power to doe it , because elias had . ( in reference to both which , wee read of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , luk. . . the spirit and power of elias ; that spirit , by which hee was incited to that act of zeale , and that power by which hee could call for fire from heaven ; whereupon it is procopius his expression of elias , that hee was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , accended with divine zeale , or set on fire by it . ) now when christ reprehendeth those disciples , telling them they knew not , i. e. considered not , what spirit they were of , hee advertiseth them that this practice of zealots is not agreeable to the spirit of the gospel , nor generally to the temper which hee came to plant among christians . and having now among the apostles of christ themselves found some footsteps of the jewish zeale , 't will not be amisse to interpose a conjecture , that from the same originall sprung that bloudy fact of peter , cutting off malchus his eare , mat. . . for that this was not lawfull for him to doe , or justifiable by the ordinary rule , may be guest by christs answer of reproofe and vouching the law , ( all they that take the sword , shall perish by the sword ; ) and yet that it was not a fact very enormous among the jewes , or being compared with their avowed practices ( though clearly forbidden by the gospel ) origen and theophylact seem to intimate . origen on mat. . unus eorum qui erant cum jesu nondum manifestè concipiens apud se evangelicam patientiam illam traditam sibi à christo , nec pacem quam dedit discipulis suis , sed secundùm potestatem datam judais per legem de inimicis , extendens manum accipit gladium , &c. one of them that were with jesus , having not yet any full cleare conception of that evangelicall patience delivered them by christ , nor of that peace which hee gave to his disciples , but according to the power given the jewes by the law of enemies , took out his sword , &c. theophylact yet more clearly in mat. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . let us not find fault with peter ; for what hee did , hee did out of zeale , not for himselfe , but for his master : but the lord reducing him to the gospel-discipline , teaches him not to use the sword , though thereby a man should seeme to defend or vindicate god himselfe . and in another place in luk. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the disciples are mov'd with zeale , and draw swords . and in a third place in mark . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , intimating , that peter himselfe counted this fact of his a piece of zeale , for which hee might be commended . thus much was not amisse to produce in behalfe of this conjecture , that what peter did in defence of christ , hee did as a zealot ; and yet to see , christ is so farre from approving it , that it incurres the same reprehension which james and john before had met with ; nay , somewhat a severer , that all might discerne how distant the spirit of zealots was , from that other of disciples ; the judaicall fervour , from the meeknesse of the gospel : though the apostles themselves had not yet perfectly learn't this truth at christs death , nor untill the holy ghost came to teach them all things , and to bring to their remembrance whatsoever hee had in person being present said unto them . a plaine mention of these zealots we find , act. . . where of some of the jewes 't is said , they are all {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , zealots of the law , that were like to be very hot if they saw any thing done to the prejudice of the law : of whom therefore saint paul is advised to beware . so of paul himselfe before his conversion , act. . . 't is said hee was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a zealot of gods , or in gods cause ; and presently it followes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i persecuted to death , &c. for so the zealots were wont to doe . so act. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the zealots of the jewes , or , the jewes inflamed with zeale , ( as the old translation reads it , zelantes , better then the new , invidiâ commoti ) of whom 't is added , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , took unto themselves certain lewd fellowes of the baser sort , and made a tumult , and set all the people in an uprore . of which kind master selden has observed , that simon was one , luk. . . act. . . called by saint luke , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , simon the zealot ; but by the other evangelists , saint matthew and saint marke , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or ( as schindler and other learned men are bold to mend it ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which we render , the cananite ; but 't is apparent the word is to be fetcht from the hebrew {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , canna , which signifies , zealot ; not from the name of the place : and so is all one with the greek {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as perfectly the same as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and cephas , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and tabitha , and many the like . and thus farre by scripture light have we past in this disquisition . now what tumults and riots have been wrought by the rude multitude among the jewes , ( or those at least who had no lawfull power in their hand ) under the pretence of the priviledge of zealots , no man can be ignorant , who is not wholly unacquainted with josephus story . for in his relation there is nothing more ordinary , then to find all things disturbed by them , the temple or holy place defiled , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by their prophane feet , to the reproach of god ; chiefe priests removed , and others placed in their roome without all respect of bloud , elected by them either according as they pleased , or else by lot ; ( as it was in the election of one phannias the son of samuel to the high priesthood ) a man , saith josephus , who {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , was not onely unworthy to be high priest , but that did not so much as know what the high priesthood was , such was his rusticity . many passages we find scattered in this authour , in his books of the captivity , and large stories of the seditions , and uprores , and massacres , by two sorts of men among the jewes , the one called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sword-men or cutters ; ( of whom saint luke makes mention , act. . . we render them , murtherers ; and it seemes foure thousand of them got together in a company ) the second {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , zealots ; of whom hee makes relations , especially lib. . c. . where hee saith of them , that they killed many of the chiefe men of the nation , and still when they did so , boasted and bragg'd of themselves , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that they were become the benefactors and preservers , or saviours of the city . and by the timidity and basenesse of the people concurring with their insolence , advanced so farre , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that they took to themselves the election and constitution of the high priests . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and contemning the rules of birth by which the high priests were to succeed , they constituted ignoble obscure men in those places , that by that means they might have some abetters and partners of their villainies . and cap. . hee saith , the name of zealots was of their owne imposing , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as if all that they did ( murthers , sacriledges , profanations , before mentioned ) were by them done in good intentions , and not , as indeed they were , in emulation , and even to the out-stripping and exceeding the worst actions that had bin recorded . thus far josephus . that these zealots were a fourth sect of the jewes , ( added to sadduces , pharisees , essens ) having its originall from judas gaulonita and sadduchus , is the affirmation of bonaventura cornelius bertramus , in the end of his book de polit. jud. a sect , saith hee , judaeis ipsis omnibus perniciosissima , ut quae judaeorum omnium excidium totiusque reip. judaicae prostrationem non modo accelerârit , sed & eam tam miseram & calamitosam effecerit : a sect most sadly pernicious to the jewes themselves ; the destruction of all whom , and the prostration of their whole common-wealth , it did not onely hasten and precipitate , but made it so miserable and calamitous when it came . having proceeded thus farre by way of narration , it may chance to be worth the paines to present unto the reader a conjecture upon the twelfth verse of , the fourth chap. of the epistle of saint peter , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the vulgar latine renders it by words utterly unintelligible : nolite peregrinari in fervore . beza , ne tanquam peregrini exploratione illâ per ignem percellimini : as if {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signified a strangers being stricken or amazed : and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} triall by fire : which whatsoever it may in some other place , it cannot doe here : because here is added {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} which is befallen for your triall , which word would be superflous , if {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} noted triall by fire . the more simple and cleare rendring will be to set the words so , that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may signifie a combustion , or fire , or burning , ( so both the vulgar and beza , revel. . . render {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} fumum incendii , and the smoke of her burning ) and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may denote these things . . to wonder ( so the greeke scholiast , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) . to be affrighted : ( so tertullian , ne expavescite ) . so as it may be all one with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to be stricken as with an accident wherewith we are unacquainted . these three senses each , as all of them , may be allowed their places here . now the conjecture is , that by the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the combustion or burning , &c. should be meant , that notable combustion of the zealots before mentioned , ( for indeed the words are of some affinity , the one comming from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , fire , the other from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , growing fervently hot or burning . ) the grounds of the conjecture are these ; . because that last fatall day , the destruction of jerusalem is spoken of in that very chap. ver. . as that which for some time had been at hand : for i conceive i can make it plaine by comparing of places of the new test. that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the end of all things is ( not the finall period of the world , but ) that destruction of jerusalem or the jewish common-wealth , and of that it is said , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it is , or hath for some time beene at hand , it was not yet comen : but of this {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or combustion , that it was then {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , already come ; which is directly agreeable to the observation of josephus , and others conversant in the jewish , who affirme that that raving and rioting of , ( and sad civill combustion wrought by ) the zealots , was antecedent and precursory to the finall destruction of the jewes by titus . 't is affirm'd of this {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that it was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i. e. among you , in your land , in the midst of you , ( as that phrase frequently signifies in the new test. ) by which is marked out some remarkable thing , which was fallen out among the jewes , as that time when peter wrote ; to which time that the raving of the zealots endured , is apparent by mention of them , act. . . act. . . and that by their stirres these christian jewes of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or the dispersion to whom he writes , had beene first scattered abroad , may be conjectured by act. . . this may suffice for a conjecture , which whether it stand or fall , will not be much concernant to the businesse which occasioned this {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . to conclude this historicall uneven discourse , i shall onely annex these few animadversions by way of corollary . . that this law , or power , or custome , or liberty of zealots , was never of force but among the jewes . . that the originall and ground of it among them is to be fetcht from hence , that among that people , god immediately presided , and reserved many things to be manag'd and ruled by his peculiar and extraordinary incitation and impulsion , not by any rule of standing publicke law ; that so that common-wealth might be truly capable of that title which josephus bestowed on it , none of the kinds of humane governments , but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the government of god . . that it followes not from hence , that all things which were by the jewes themselves done under pretence of this right , and passed unpunished , were therefore well done ; but onely those which were undertaken by men truly incited by god , ( such as phineez and elias ) for that priviledge is not therefore stil'd zeli privati , of private zeale , because private men by their owne incitation ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as that is opposed to gods ) did what they did ; but because they did it without legall processe , or publike judicature . and though i should be so scepticall , as not to dare peremptorily to affirme , that nothing was well done or justifiable in that kinde , but what they did who were truly and immediately incited to it by god ; yet should i not be so cowardly as to doubt , but that all those jewes were so bound to observe those examples of phineez and ellas , that if they were not immediately incited by god , yet they should not dare to exceed the limits of those patterns commended by god , either in respect of the manner of doing , or matter of the action . in one of which you shall finde all the examples mentioned in the new testament , except that of christ , to have miscarried . and therefore i hope no man will be so unjust to the charitable designe of this paper , so treacherous to his readers , so unkinde to his owne soule , as to borrow from these premises new hints of arguments to susteine a desperate cause by his pretence of zeale ; for that would be to extract rosacre out of treacle , poyson from that which was designed for antidote . and he must withall resolve , that if the practice of christ first mentioned , be his president , he must also prescribe to christs power ; or if any of the other new testament examples ; he must be content to fall under their condemnation , for not one of them that i ever yet heard of , was excused by any . . that this sect of zealots when they thus got together into a body was by the jewes themselves ( among whom the priviledge of zealots was yet in force ) taken for the most unlawfull , yea pernicious and fatall , most eminently destructive to that common-wealth ( as appeares by josephus and bertram ) and that those things which they did under pretence of law and colour of zeale , were violations of law and meere sacriledge . . that all use of this liberty , all imitation of that jewish priviledge of zealots in the old testament , is cleerly interdicted all christians ; first , because the written word is the onely oracle wherein god constantly reveales himselfe to christians now under the new testament , neither are any other incitations to be expected from god , but what in the gospell or new test. the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the administration of the spirit ( as preaching the gospell is call'd ) doth yeild or afford us ; what is more then this , yea , though it come to us from the pulpit , savours of enthusiasmes and seducing spirits ; secondly , because christ hath both by his doctrine and example commended to his disciples all manner of meeknesse ( and saint peter , the meeke and quiet spirit , as most precious in gods sight under the gospell , and this a grace most directly contrary to that spirit of zealots ) yea and hath forbidden all private revenge of injuries ( done not onely to our selves , but god ) referring all to the magistrate ( whom saint paul calls {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rom. . . the minister of god to execute wrath , or an executioner for wrath ) and therefore himselfe medled not with the woman taken in adultery ; thirdly , because he interdicted james and john the use of this power , adding a reprehension , and words emphaticall to this purpose , he turned and rebuked them , saying , you know not what spirit you are of ; intimating , the christian spirit to be very distant from that of the zealots among the jewes . i shall adde no more , but my prayer , that as many as have zeale , may have it according to knowledge , and that knowledge , according to the directions of the gospell . of taking up the crosse . many places of the new testament there are that require this duty of a christian , ( of which i thinke i may truly say , that 't is a duty never so much as in kinde required before by god in the old testament , nor by the lawes of nature , or canons of any other religion , and so a peculiar christian duty ) the chiefe places are these , matth. . . if any man will come after me , let him deny himselfe and takeup his crosse , &c. and in the same words in the parallel places , mark . . and luk. . . so againe , to him who desired to be put in a course by christ to inherit eternall life , mark . . . in the close , come , take up the crosse , and follow me . in all these places 't is a duty of plaine command ; yet somewhat farther , mat. . . he that taketh not his crosse and followeth not after me , is not worthy of me : and in luk. . . the words are most punctuall , and of unlimited extent , from whence 't will be hard for any man to obtaine any dispensation , or excuse , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} — whosoever doth not beare his crosse and come after me , cannot be my disciple . no man will be exempted from the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} — and no christian it seemes can be without it ; for that is the meaning of [ my disciple , ] not onely those peculiar twelve of his , and their successours in the ministry , for that relation belongs to them , considered under another notion , as apostles sent out after by christ , answerable to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} among the jewes under the temple , but the disciples are all true followers of christ , all sincere christians , and so the doctrine is most plaine , that whosoever doth not beare ( which as from those other former places appeares , implyes a taking up ) the crosse of christ , cannot be a true christian . now the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , taking up the crosse , will be easily explain'd what it 's full importance extends to , the voluntary embracing of shame , contumely , ( for the crosse was a contumelious death heb. . . ) and consequently all other losse of goods , liberty , &c. and beyond that , paine of body and death it selfe : which are said , to be taken up , not when we bring them unnecessarily upon our owne shoulders , ( for that is to pull the crosse upon us ) but when by the providence of god they are laid , or permitted to lye in our way to christ , or christian obedience , so that we cannot serve christ perfectly , but it must become detriment or dammage to us , then voluntarily to undergoe that detriment , whatever it is , is to take up the crosse ; and patiently and cheerfully to beare it , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to carry or beare the crosse of christ , which is the duty , without which a man cannot be a christian . there is now one thing to be a little more punctually considered , the strict and neere dependance and connexion betwixt christianity and the crosse ; and that from the pleasure and providence of god , and dispensation of things under the gospell , so ordering it generally that we should not serve the lord our god of that that costs us nothing , but that true christian piety should bring endurances and sufferings upon us . thus it is plaine it did to christ our elder brother ; the discharge of the office he had undertaken , brought him to the crosse , and that crosse was the onely way to his consecration to the office of high priest , to which at his resurrection he was inaugurate ; vid. heb. . . it became him , &c. i. e. god {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( not in bringing , but ) bringing , ( or being about that most gratious and mighty designe of bringing ) many sonnes unto glory , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} by sufferings to consecrate or inaugurate , ( for so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} critically signifies , being the word solemnely used by the septuagint to signifie the legall consecration of the priests under the law ) the captaine of our salvation , that is christ , who {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , being so consecrated , became the author of eternall salvation , &c. heb. . . from hence , without more places it would follow , that we christians are to expect our {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( whether consecration to our {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} our dignity of being kings and priests , i. e. christians here ; or consummation and crowning hereafter , as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} also signifies ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . nyss. ) by the same method and means that our captain had his , which is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} by sufferings : which course of divine oeconomy is so generall and without exception , ( tim. . . yea , and all that will be godly in this world , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , shall be persecuted ) that heb. . , , . the words are very remarkeable , whom god loveth , he chastneth , and scourgeth every sonne whom he receiveth , if you endure chastning , god dealeth with you as with sonnes , for what sonne is he whom the father chastneth not ? but if you be without chastisement whereof all are partakers , then are you bastards , and not sonnes . words of a large unlimited latitude , which i cannot discerne any way in the world to soften , so as they may be supportable to him , that ( as the psalmist saith ) hath no changes , hath enjoyed an age of an uninterrupted continued prosperity , without ever having the crosse on his shoulders . i confesse i would faine finde out some {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or mollifying distinction , as that of the animus martyris , the preparation to suffer , though god never send occasion , that that might suffice for his qualification , who hath no other , but sure that will not be able to allay or take off the force of [ and chastneth every sonne , &c. ] and if yee be without , not onely if you be not prepared to beare , but if you be without chastisement , then are you bastards , &c. which when it is set downe as an aphorisme of divine observation under the kingdome of christ , an axiome of gods gospell-providence , there will be no safety in disputing or labouring to avoyd the literall importance of it . to that purpose i conceive those words tend rom. . . where to prove the conclusion premised , vers. . that all things tend to the good of them that love god , ( and what those all things are , is specified , vers. . tribulation , distresse , persecution , famine , nakednesse , danger , sword , ) the apostle thus argues : from whom he hath foreknown , i. e , fore-appointed , the lovers of god premised , those he hath also predestin'd to be conformable to the image of his sonne , i. e. in suffering ; and whom hee hath predestined , those he hath also called ; to wit , to that conformity to which he hath predestined them , ( as pet. . . the phrase is used , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , for to this ye were called , i. e. to this suffering as christ did , and c. . . ye are thereunto called , that you should inherit {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , blessing ( not as we render it , a blessing ) i. e. that yee should blesse enemies as christ did , and so inherit that exemplary grace of his , which as a grace may as properly be said to be inherited ; thus the context seemes to inforce it [ not rendring evill for evill , but blessing , knowing that you are thereunto called , that you should inherit blessing , &c. i. e. possesse that grace after him , so eminently discernible in him . ] and whom hee hath thus called , he justified and glorified . where the first and second proposition must be acknowledged universall , that all whom he hath foreknowne , all lovers of god , are thus predestined , and all that are predestined , called ( by their very title or profession of christians ) to this conformity with christ in sufferings . adde to these pet. . . if the righteous hardly be saved ; which must be understood by the sense of the hebrew phrase , prov. . . rendred by the . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and here retained by saint peter , and then the sense will be [ and if the righteous be recompenced , i. e. by an hebraisme , punisht in the earth , &c. or more literally to the greeke , if he escape hardly or with difficulty . ] ( as cor. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he shall bee mulcted or suffer losse , but shall escape ) which interpretation the former verse in saint peter , confirmes [ {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ] for it is the season of that act of divine dispensation , viz. of judgements beginning from the house of god , i. e. of gods inflicting judgements of this life ( which are the beginning or first part ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} as it followes ) of gods retribution for sinne ) on the godly ] which signifies that the state of the gospell , is that season , though the law was not : and to the same purpose , the verse following also , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. they that suffer according to the will of god , it seemes by all put together , that the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} [ scarcely saved ] is spoken of suffering , and the will or providence of god is that that disposes it so , and so the conclusion from thence is cleare , and universall . the righteous shall be punisht in the earth . 't is true indeed , under the old-testament we finde not any such oeconomy , but promises of a long and happy life , in a temporall canaan to the obedient servants of god , ( though sometimes , god was pleased to interpose some variety in this kind , many troubles of the righteous in davids time ) but under the gospell 't is quite contrary , even those duties which are promised a reward on this earth , as mercifulnesse or almesgiving , are yet to expect the payment of this reward with some mixture ( like homers good cup powred out alwayes with a dash of the bad ) the hundred-fold which such men are promised to receive {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} - in this time , this first inferiour harvest of retributions , though they be secular blessings , houses , and lands , &c. yet must they be with persecutions , mark . . . which particular though neither s. matthew nor s. luke records , yet s. peter ( who had most reason punctually to observe those words of christ , being an answer directed to a question of his proposing , as all the three evangelists acknowledge ) remembred them , and so we finde them in s. markes gospell , which is resolved to have been dictated by saint peter . having thus farre in the passage briefly pointed at this piece of gospel-providence , 't will not be amisse as briefly to guesse at the ends of this divine oeconomy . . to administer occasion of the practice and exercise of many christian duties , and graces , as of patience , meeknesse , waiting on christ , of loving our enemies , of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the non-resisting evill , we render it , or not using any violence against him that molests us , ( rendring [ {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ] of the person , &c. ) which if we have in seed or habit , 't is certainly a great felicity to us , to meet with oportunities to actuate them , both inrespect of the evidencing the sincerity of them to god , to our brethren , to our own soules ; and in respect of that reward , or crowne promised , the great degree of glory , math. . . that is proportioned to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} according to his worke , psal. . . cor. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} according to the nature and number of the acts , or operations of those gifts or graces , as on the other side , a greater portion of the torments of hell is allotted to the more multiplyed acts of wilfull winne . to helpe to mortifie any remainders of sinne in us , which by continued prosperity are ready and apt to take root , and reflourish in us . to assimilate , or make us like to christ , to conforme us to the image of his son , rom. . . that is the image of the crucified saviour , as was said , that he might be the first borne of many brethren , that is , might have a church or family , a multitude of brethren like himselfe , all sufferers as he was . that our sins being punished here , there might remain no arreare to be paid in another world ; having had all our purgatory here , there might remain nothing but heaven hereafter ; which the apostle expresseth cor. . . we are chastned of the lord , that we should not be condemned with the world : to which father abraham referres luke . . lazarus received his evill things in this life time , and now he is comforted . these and such like being the designes of this act of gods gospell-providence ; it is next observable what a character the spirit of god sets upon the crosse , i. e. tribulation or affliction here , that it is the happiest , blessedest estate , the most comfortable joyfull condition that a christian can meete with . this riddle and paradox , or prodigy to carnall reason , is become the most ordinary beaten acknowledged truth in the new testament . 't is the close of the beatitudes , in that institution of christians , the sermon in the mount , matth. . . blessed are they that are persecuted , and vers. . reviled : and the exhortation in this case {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rejoyce , and be exceeding glad , so luke . . ( which there is some reason to thinke was spoken by christ at another time ) blessed are you when men shall hate you , and separate you , and reproach you , and cast you out , &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rejoyce ye in that day , and leape for joy , &c. saint paul had learnt this , col. . . who now rejoyce in my sufferings , yea , and glory too . cor. . . . . . saint james his exhortation is remarkable in the front of his ep. . . my brethren , count it all joy when ye fall into divers temptations , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , all joy ; i. e. the most joyous accident possible , and vers. . blessed is the man that endureth temptation , &c. & cap. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , behold we count them happy , wee render it ; it signifies more ; behold we account them as a kinde of saints in heaven , ( for so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} usually signifies ) and aristotle speaking of some heroicall super-humane excellencies , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , saith he , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) it seemes that of suffering , a most blessed condition . to these adde saint peter , . ep. . . but sanctifie the lord god in your hearts ; where the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is to sanctifie , as that is all one with glorifying , or hallowing , or praising ; a consequent of the generall rule , verse . if ye suffer for righteousnesse sake , happy are yee ; and perfectly opposite to [ being afraid of their terror , and being troubled , ] in the end of that vers . and so is an expression of this duty of praising , thanking , blessing god for our sufferings in this life . so againe , ep. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , vers. . be not frighted or stricken , &c. but rejoyce in as much as you are partakers of christs sufferings , and vers. . if yee be reproached for the name of christ , happy are you , &c. and vers. . if any suffer as a christian ( not as a murtherer , a thiefe , an evill doer , a busie-body in other mens matters , vers. . no great joy or comfort in any of those sufferings ) let him not be ashamed but let him glorifie god on this behalfe , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that it is the season for judgement to begin , or of judgements beginning , at the house of god , as hath beene explained ; 't is seasonable that the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the first part of gods {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; retribution to sinne , that which is in this life , should befall the house of god , christians , and the most obedient of them ; and being so , this is matter of rejoycing , and glorifying god . other places ye will observe easily to the same purpose , let these for the present suffice , to soften this carnall paradox . but now having proceeded thus far in a matter , to him that is conversant in the new testament , so obvious and vulgar , that i shall presume it matter of wonder to him , what should move me to so superfluous and unnecessary an undertaking ; i must now take confidence to proceed to that which arrian cals the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the applying of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} known and granted principles , to particular persons , or cases , or practices . for therein as that excellent philosopher observes , consists the ground and beginning of all strife and difficulty , and difference betwixt men ; no man having any considerable temptation , to keep him from consenting to the truth of a generall proposition sufficiently assert , as long as he appeares not concern'd in it , and yet every man almost having some irreconcileable quarrell to it , when his actions are required to be ruled by it ; hence is it , that the speculative part of knowledge , is farre easier then the practicall ; and as aristotle saith , the mathematicks which are the most abstruse science , are most easie to be learnt by a young man , or a dissolute , of any the most untamed affections , so he have but an ordinary naturall capacity , ( and 't is evident by his organon , that he supposed children to have learnt geometry before they came to logicke ) whereas of the precepts of morality , such are utterly uncapable {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : they can recite them by rote , but beleeve not a word of them . i wish it were now uncharitable to affirme the same , of many that have taken upon them , to be the best , and most reforming christians amongst us ; that it continued still to be but our jealousie , what is now proved our sense , that some of those who have hitherto been admired for our strictest christians , have at length confest themselves farthest from the merit , and true desert of that title , if the doctrine of the crosse which hitherto we have laid down for acknowledged truth , doe not at last prove a fable . the apostle phil. . . tels us even weeping , that there are many walkers , ( i thinke he meanes by that phrase {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , christian professors ) whom judging by their actions , he cannot chuse but call {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( of whom it seemes he had oft admonished them , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) enemies of the crosse of christ ; what those were in the apostles time will not be pertinent now to examine , i shall onely with a sad heart ( not desiring to judge my brother , but if it were possible , to direct him to prejudge , or at least examine himselfe , and so either anticipate and prevent , or else prepare himselfe to approach with confidence gods judgement , and withall , to helpe undeceive others whom we finde ductile to some moderne sinnes , much-what upon that dangerous prepossession which the apostle cals having mens persons in admiration ) make these few quaere's , and leave every mans owne soule to answer them . . supposing our grounds layd to be true , i demand whether it be the temper of a true christian , and not rather of an enemy of the crosse of christ , instead of rejoycing , to repine and murmure under the crosse , and evidence that by speaking evill of those powers who have layd it on our shoulders ? . to be more refractary after such sufferings , ( instead of being more meek and more humble ) more violent in matters of indifferency , ( by our own continued practice acknowledged to be so in our account , till after such sufferings our judgements or rather our practice altered ) and more resolv'd not to yeeld obedience in them , then before we thought our selves bound to be . . to plot and project , and to that purpose to hold correspondence with other men , ( whom we conceive already moved with discontents , or our selves have labour'd so to move ) to find out the most probable way of delivering us from the crosse , whatsoever that way be , beside our addresses to god in prayer to remove it , if he see it best for us in all respects . . to make use of any meanes to this purpose , which wee are not assured is administred and offered unto us by god , of which wee can no way possibly be assured , but by the evident goodnesse and justifiablenesse , at least , lawfulnesse in all respects of that meanes which we thus designe to make use of . . to move or stirre the quiet and peace of one or more kingdoms , ( though not principally , yet collaterally , or at all ) in this contemplation , that we shall get the crosse off from our own shoulders , come to a more prosperous condition , yea , though it be but to a more peaceable enjoying of our manner of religion , then hitherto we have attained to . . to venture on , and ( though not primarily to designe , if it may be done without it , yet if it may not , then secondarily and consequently ) to resolve on the shedding of any one mans bloud , which wee know would not otherwise be shed , especially if it proceed further , to the waging or but occasioning of a warre , in which ( whether offensive or defensive on our parts ) it cannot be hoped but a great effusion of christian and protestant bloud will follow . . to attempt or desire the removing of the land-marks , the altering of the government of church and state , the working of any considerable change in either , ( which wee can have no revelation to assure us may not prove authour of some inconvenience which wee fore-see not ) the better to secure our selves or others , that the crosse shall not returne to our shoulders again . . to thinke it just and reasonable ( and our selves injur'd if it be not so ) that wee should have the greater portion of secular dignities for the future , in regard of some former sufferings of ours ; which if it should befall us , would be parallel to that curse , mat. . mercedem habent , they have their reward , in this life . . to endeavour to lay this crosse on other mens shoulders , of which wee have freed our own , whether those other men be such as were not guilty of our former sufferings , but perhaps pitied and mourned , and prayed for us , ( for that were rewarding good with evill ) or whether they be our greatest persecuters , ( for that will be rendring evill for evill ) most perfectly contrary to christs doctrine , mat. . . rom. , , , , . secondly , supposing things to be as now they are in this kingdome , my question is , first , whether we have no great reason to beleeve , that ( the doctrine of the crosse being not so well laid to heart by those who three yeares since conceived themselves the principall schollers in that schoole ) god is now pleased to call another sort of men into that forme , to try whether they will prove better proficients then their predecessours have done . secondly , whether those on whom that lot is now falne , be not most eminently bound to glorifie god in this behalfe , pet. . . thirdly , whether by the experience of other mens failings in this kind , they have not reason to be earnest in prayer to god , and diligent in using and improving all gods directions , for the due christian discharging of so glorious , and withall , so difficult a task ; that when they are proved to the utmost , are brought forth to resist to bloud , they may be found faithfull . fourthly , whether the obtaining of this grace from god be not more highly conducible to every mans owne individuall interests , then the removing of the crosse from us , though wrought most directly , and by meanes administred undoubtedly by god himselfe . fifthly , whether it can become a christian to make use of any meanes which he is not on sure grounds satisfied to be purely and perfectly lawfull ( i. e. agreeable first to the gospel-rule of obedience to christ in every particular , and second to the lawfull commands , of our undoubted superiours , not contradicted by any law or power higher then they ) to get now either totally or in part from this crosse , i. e. from any pressure which in the discharge of a good conscience god shall permit to fall on any of us . when every man in this broken state and church , most sadly militant , of what perswasions soever hee be , hath laid the severall parts of these two quaeries to his heart , and examined himselfe by them , ( which truly i should not have laid thus plainly before him , had i had any other thought or aime , but this one of making it impossible for him to be blinde in judging himselfe ) i shall hope hee will pardon his monitor , and save this paper the labour of proceeding further to beare witnesse against him at any other tribunall then this of his owne conscience . the lord prosper this short discourse to the end to which it is designed . a vindication of christs reprehending saint peter , from the exceptions of master marshall . there is nothing more unjust and uningenuous , then master marshall's dealing about christs reprehension of saint peter's using the sword ; whilst hee labours to answer the objection , which from thence is brought against the use of armes , though but defensive , taken up against a lawfull magistrate . the argument is briefly this : saint peter , in defence of his master ( christ himselfe ) drew his sword , and cut off the eare of malchus , one of the high priests servants , sent by commission from their masters , to apprehend jesus : and our saviour commands him to put up his sword ; adding by way of reason , for they that take the sword ( take it not when 't is put into their hands by god , or the supreme magistrate , or any delegate of his , who hath the power of the sword ; but take it , usurpe it , without legall authority or concession , giving or permitting it to them ) shall perish by the sword . which reason , or backing of christs reprehension , is brought to inferre , that 't is a sinne for any to use the sword against the supreme magistrate , though for defence of christ , or christian religion . to this master marshall's answer is three-fold : . that the speech of christ to peter , is not a reproofe of the sword taken for a just defence ; but of the sword taken for unjust oppression , and a comfort to those who are oppressed with it . for origen , theophylact , titus , euthymius , interpret the meaning to be , that christ doth not rebuke peter for using defensive armes ; but to let peter know , that hee need not snatch gods worke out of his hands ; for god would in time punish those with the sword , that came thus with the sword against him . and that these words are a prophecy of the punishment which the roman sword should exact of the bloudy jewish nation , according with the like expression , revel. . . hee that kills with the sword , must be killed with the sword : here is the patience and faith of the saints ; i. e. this may comfort the saints in their persecutions , that god will take vengeance for them : and for all this , the margine advises the reader to consult grotius de jure belli , l. . c. . n. . this is the place at length in master marshall his letter to a friend , which ( being of some concernment and importance to the present controversie of the times , though not to confirme his cause by this exposition , yet to dispatch one of his speciall adversaries out of the way ) i shall now beg leave to examine ; and of all together , observe these foure things : first , that the ancient writers , vouched by him , are not vouched from his owne reading , but taken upon trust from grotius , as also the observation of the roman sword , and the place in the revelations . secondly , that the interpretation , asserted by him out of them , is not asserted by them . thirdly , that it is not asserted by grotius . fourthly , that grotius , to whom hee owes all this seeming aid to his cause , is the most declared enemy of this whole cause of his , in behalfe of defensive resistance of the magistrate , that hee could possibly have falne on ; and upon occasion of these words of christ to peter , hath said as much against it . if these foure things be made good , i cannot guesse what could be further added , to prove the injustice and uningenuousnesse , i shall adde , the untowardnesse and unluckinesse of this answer . and for the particulars , i shall but require a reader with eyes in his head , and suppose him not possest with a beliefe of an absolute infallibility in master marshall , and then i shall be confident to demonstrate them . for the first , the proofe will be short , if you please but to look on grotius in the place directed to in his annotations on the gospels , pag. . almost verbatim transcribing what hee had before published de jure belli ; you shall in each find every of the particulars mentioned : but for this i would not charge master marshall , i wish hee would alwayes gleane out of so good writers . the onely fault here is , that having borrowed so much from him , and digested it into nourishment of his owne errour , hee did not also take the paines to borrow what was present to be had , a most soveraigne antidote for his owne poyson , meanes of rectifying his mistake : but like the man in gellius , that had eat so much poyson , and therewith so invenom'd his bloud , that hee could poyson the flea that came to bite him : so , hee the grotius , that came to prick and wound ; or , if hee had pleased , to convert , to b●ing him to repentance . for the second , i shall not expect to evince it against so great an authority of master marshall , without transcribing the very words of those writers in this matter . origen upon the place in mat. . tr . . p. . explaines the whole period in these words , ( i shall omit no word that is pertinent to the matter in hand : ) unus eorum qui erant cum jesu , nondum manifestè concipiens apud se evangelicam patientiam illam traditam sibi à christo , nec pacem quam dedit discipulis suis , sed secundùm potestatem datam judaeis per legem de inimicis , extendens manum accepit gladium , &c. peter it seemes had not perfectly learned the doctrine of christian patience , and the peace which christ commended to his disciples , but proceeded according to the jewish law of dealing with enemies . this concludes peter's act contrary to christian patience and peaceablenesse , and so makes him capable of christs reproofe , which master marshall will wholly divert from him , and cast upon the jewes . then hee goes on , mox jesus ad eum , converte gladium in locum suum : est ergo gladii locus aliquis , ex quo non licet excipere eum , qui non vult perire maximè in gladio . ( this clearly of saint peter againe , and not the jewes , that hee must not take the sword out of its place , unlesse hee will be content to perish by the sword : ) pacificos enim vult esse jesus discipulos suos , ut bellicum gladium hunc deponentes , ( o that master marshall would remember this , and after so faire an admonition , put the military sword out of his mouth also . ) alterum pontificium accipiant gladium , quem dicit scriptura gladium spiritûs . simile autem mihi videtur quod dicit , omnes qui accipiunt , &c. i. e. omnes qui non pacifici , sed belli concitatores sunt , in eo bello peribunt quod concitant , &c. et puto quòd omnes tumultuosi & concitatores bellorum , & conturbantes animas hominum , maximè ecclesiarum , accipiunt gladium , in quo & ipsi peribunt . excellent seasonable doctrine for these times , if it might be laid to heart ; but no way excusing saint peter . againe , qui accipiunt gladium , &c. cavere nos convenit , ut ne occasione militiae , vel vindictae propriarum injuriarum ( remember , not for revenge of ones owne injuries ) eximamus gladium , aut ob aliquam occasionem , quam omnem abominatur haec christi doctrina , praecipiens ut impleamus quod scriptum est , cum his qui oderunt pacem , eram pacificus . si ergo cum odientibus pacem debemus esse pacifici , adversus neminem gladio uti debemus . these are the words of origen ; out of which , he that shall inferre that origen conceived the meaning of the scripture to be , that christ did not rebuke peter for using defensive armes against malchus , i shall resolve , he hath gotten the philosophers stone , is alchymist enough to extract fire out of water ; any the most contrary sense out of any words . not so much as one word here of the jewes or the roman sword that should give them their payment ; but all of peter's sword , and the miscarriages of that . and so much for origen . then for theophylact ; hee is also punctuall enough to this purpose : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . let us not find fault with peter , ( make not too much haste master marshall to catch that , till you see the consequents ) for hee did this not for himselfe , but in zeale for his master : herein i shall interpose my conjecture , that theophylact might think peter did this , as a zealot ; as james and john would have destroyed the village of the samaritanes , jure zelotarum : so his words also sound on luke , pag. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : and then though that were unlawfull for a christian , a piece of judaisme out-dated by christ ; yet in peter , as a jew , not perfectly illuminate , or instructed in the christian doctrine , ( as origen before observ'd ) it was not so blameable yet , till after the coming of the holy ghost , who was to bring all things to their remembrance which christ had taught them . and therefore perhaps it is , that , although saint augustine calls this of peter , earnalem amorem ; yet , amorem magistri still . the same authour upon saint marke hath these words , upon this same occasion , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . counting this zeale , as in a jew , rather a commendable thing . if all this be yeelded , yet will it be no justification of the like in a christian ; because now christ hath reformed that law , and checkt that peter , and therefore , the same theophylact goes on ; that though wee should not aggravate peter's fault , nor chide him for it , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ▪ yet christ reformes him , turnes him to the gospel-discipline , and teaches him not to use the sword , though by so doing hee seeme to defend or vindicate god himselfe . could any man have spoken more expresly or prophetically against master marshall his doctrine , then this father doth . ( so likewise in other places upon saint lukes gospel , pag. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ▪ hee confesses peter was chid for his zeale . and on saint john's gospel , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. the lord reprehends peter , and threatning , saith , put up , &c. threatning whom ? sure that person , in theophylact's opinion , to whom hee said , put up : and that sure was peter , not the jewes . ) but to shew you the occasion of master marshall's mistake : it followes indeed in theophylact on matthew , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . insinuat autem , as oecolampadius renders it : christ insinuates that by the romans sword , the jewes that took the sword against him , shall be destroyed . this acknowledged truth , ( that the romans should destroy the jewes , the apprehenders and crucifiers of christ , i. e. that were guilty of crucifying him , ) was , saith hee , insinuated in those words of christ , wherein , as before wee shewed out of theophylact's words , hee reproved saint peter . now wee know that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or insinuating , or intimating , signifies a secundary or allegoricall sense of a scripture , as it is frequent in that authour . speaking of the cutting off malchus his eare , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , saith hee , hee insinuates , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that the jewes did not heare and obey the scripture , as they should : a meere allegoricall interpretation . so when christ bids him that had no sword , sell his garment and buy one , luk. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. hee speaks aenigmatically ; and tells them by way of insinuation , what warres and dangers should betide them . which insinuated or aenigmaticall sense , though it be acknowledged true , will not evacuate that other literall . for i hope , in master marshall his owne judgement , that 't is lawfull to use a sword in ones owne defence , in time of warre and danger , and that that lawfulnesse is authorized by christ , in those words : which i shall not doubt to acknowledge with him , if it be not against the lawfull magistrate . the product then of theophylact's interpretation will be this ; that by those words , ( for all they that take the sword , shall perish by the sword ) christ reprehends and chides peter for drawing his sword , and using it , as hee did : and withall , insinuates aenigmatically the destruction of the jewes by the romans . which if it be acknowledged true in both senses , 't will no way prejudice us , or serve master marshall , whose cause depends upon rejecting of the former sense , not on asserting the latter : and doth not onely affirme , that it is a reproofe of the sword taken for unjust oppression , but also that it is not a reproofe of the sword taken for just defence : which is absolutely false in theophylact's opinion , if defending of christ be just defence , or chiding be reproving ; or if teaching not to use the sword , though one seeme to defend god himselfe , be rebuking peter for using defensive armes for christ . the short is , though theophylact's interpretation bring the jewes under christs threatning and reprehension , yet doth it no way free peter from the same ; but primarily subjects him to it : the contrary to which is the onely thing would be for master marshall his purpose . 't is true indeed , in his scholia on saint john , hee saith , christ comforted peter , which seemes opposite to rebuking ; but that was not in those words , for they that take the sword , &c. but in those , the cup , &c. ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. ) which saint john immediatly adds , omitting the words of the threatning out of the law . and so much for theophylact also . now that which hath been thus largely set down out of theophylact , will sufficiently cleare this whole businesse , without proceeding to examine what may be found in titus bostrensis , or euthymius , to this purpose . the former of these , in his exposition of saint luke , in the bibliotheca patrum graec. hath not the least word sounding that way , but rather contrary ; interpreting christs command of buying a sword , as a designation onely of the jewes preparation against him , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and that they were about to apprehend him : which ( as theophylact did , so ) hee calls , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the intimation of the sword ; and saith , that therefore christ adds , that the things written of him must be fulfilled . and againe , that if christ would have had his disciples use any humane help at his apprehension , a hundred swords would not have been sufficient , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and if hee would not , even these two would be too many . but all this hee saith upon the passage of the two swords . the truth is , in the exposition of the gospel , hee saith nothing of this reprehension of peter , but passes it over in silence . and for his notes on saint matthew , as also for euthymius his , though , i confesse , that i have them not by me , yet ( besides that i find nothing that way in those excerpta that lucas burgensis hath out of them , who would not probably have omitted the mention of such a rarity , if it were there , ) i thinke i may take upon me at a venture to say , that hee that examines those bookes , shall not possibly meet with more then out of theophylact was cited : these three expositors running generally on the same notions , and all of them for the most part gleaning from chrysostome , ( euthymius being his scholler , titus his profest epitomater ) who i am sure hath nothing in favour 〈◊〉 this exposition . out of him , as the homes of those after-expositors , i shall transcribe these few passages , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in his homil. . on mat. c. . why did hee bid buy a sword ? to give them assurance that hee should be betray'd : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not that they should be armed on that occasion , ( away with that ) but to signifie his betraying . then , that their having those two weapons at that time , was upon occasion of killing the lambe for the passeover , and the disciples then coming from supper , and hearing that some would come to apprehend him , took them out from thence with them , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , meaning to fight for their master ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which was their opinion onely , not christs intention : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wherefore peter is chid for using of it : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and that with a sound threat ; which what can it be , but that about which wee now contend , they that take the sword , & c ? upon the hearing of which words , saith hee , hee straight obeyed , and did so no more . againe , citing the passage in saint luke , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , hee chid and threatned the disciples into obedience ; and then sets down the words of the threat , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. for all that take , &c. and yet after all these plaine words of reprehending and threatning peter , in those words ( all they that take the sword , shall perish by it ) hee yet adds , that hee comforted his disciples by two things , first the punishment of the betrayers , applying to that the same speech in a parenthesis ( they that take , &c. ) and that hee suffered not unwillingly . all which together signifie clearly the same that wee found in theophylact , ( and presume the utmost either of titus or euthymius their exposition ) that in that threatning of peter , is intimated also or insinuated aenigmatically a threat of those other sword-men that came out with swords and staves to take jesus : which will not be denyed by any , or disputed of by me , so the other be granted , viz. that peter was here reprehended and threatned ; which is the onely thing we quarrell in mr. marshall . and so much for the second under-taking . now that , in the third place , grotius himselfe who cites these foure ancients , and is here cited by master marshall , de jure belli , l. . c. . n. . doth not in this place , or any other of his writings , assert this interpretation , i shall thus prove : the thing that in that place hee hath in hand is to enquire , whether all use of the sword , for a mans owne defence , be unlawfull under the gospel ? and hee resolves , that in case of one private mans being invaded by another , 't is lawfull by the law of christ , ( not necessary , but lawfull ; a man is onely not obliged to the contrary ) or notwithstanding the prescribed rules of christian patience , to kill another in defence of my owne life . against this , three objections hee mentions out of the new testament , mat. . . rom. . . and the saying of christ to peter , put up thy sword , &c. for all they that take the sword , &c. to those three hee answers : . by opposing some other places of scripture ; that of christ to his followers luk. . . that to buy a sword , they should sell a coat . in which company of his auditors there were , saith hee , at that time none but his disciples ; and although , saith hee , it be a proverbiall speech , signifying the great dangers approaching , yet it referr'd to the ordinary use of swords at that time , for private mens defence in time of danger , not there prohibited by him : applying that of cicero , gladios habere certè non liceret , si uti illis nullo pacto liceret : wee might not be allowed to have swords , if it were in no case lawfull to use them . which still confirmes his point in hand , that in some case , the use of the private sword is lawfull . . hee proceeds to the particular places , saith , in the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , there is some exception allowed , that it binds onely in tolerable injuries ; such as the box on the cheeke , &c. there mentioned : in the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies not defence , but revenge . then for that of peter , it containes , saith hee , a prohibition of using the sword , but not in case of defence : for hee needed not defend himselfe ; for christ had said , let these goe , joh. . . nor christ , for hee would not be defended , &c. besides , saith hee , peter took up the sword ( in eos qui nomine publicarum potestatum adventabant , quibus an ullo casu resistere liceat , peculiaris est quaestio , infra à nobis peculiariter tractanda ; ) against those that came in the name of the publike powers ; against whom , whether it be lawfull to make resistance in any case , is a peculiar question , to be handled afterward peculiarly . ( and , let me pawne my faith for it , stated negatively . ) as for that which christ adds , all they that take the sword , &c. that is , either a proverb , or ( which is the opinion of origen , theophylact , titus , and euthymius , ) indicat , it shewes or intimates , that wee should not snatch revenge out of gods hands : and to this applies the place in the revel. a place in tertull. adeò idoneus patientiae sequester deus , &c. and adds , simúlque his christi verbis vaticinium videtur inesse de poenis , quas à sanguinariis judaeis erat exacturus gladius romanus : and also in the words there seemes to be included a prophecy of the punishment , that the romane sword should exact of the bloudy jewes . from all which put together , this will be the utmost that master marshall can conclude , that grotius conceived , that the speech of christ to peter prohibited not all use of the sword , for private defence ; ( no man saith it did ; or that all such defence is unlawfull ; our case is onely of resisting magistrates ) that origen , theophylact , &c. owned an exposition of it , that thereby wee should be taught , not to take gods office of revenging out of his hand ; ( which wee also make a speciall part of the importance of that speech , both there , and in the revel. and so a plaine check of peter , who did take it ; ) and that withall in these words a prophecy seems to be implied , of the revenge of christs death , wrought by titus upon the jewes ; ( and wee can acknowledge the scripture so rich a mine of variety , that it may have this propheticke sense also : though by the way , grotius cites not this out of those foure writers , ( nor could hee , for in origen we find it not ) but as from himselfe , simúlque vaticinium videtur inesse , &c. but for the literall sense , that peter should not be rebuked by christ , for using defensive armes against the magistrate , ( when with the use of those , the leaving vengeance to god is utterly unreconcileable ) and christians conceive themselves bound not to use those armes against the magistrate , for this very cause , because hee is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , punishable , revengeable by god alone : ) and yet be rebuked for snatching gods work out of his hand : or that these words should not belong in the prime sense to peters fact , as well as in a secundary propheticall seeming one to the jewes , there is not any appearances of sound of any word in grotius there , or in any other place in that book , or his large annotations on the gospels : which if master marshall had read with his own eyes , hee would confesse with me . and so much for his citation of grotius . now , in the last place , for the opinion of this learned man grotius , ( an excellent casuist , exactly distinguishing the severall obligations of nature , of moses , and of christ ; a protestant , and , if an arminian , farre from deserving that part of the censure which master cheynel layes on such , of being as lawlesse as that faction at munster , whose law it was , magistratibus ac principibus nullus subjiciatur ) in the businesse of taking up armes against a king for just defence , i shall referre you to his first book de jure belli , & cap. . ( not that i can hope you will be moved with his authority , when hee appeares against you , that is not the manner of men now-a-dayes , to be content to be tried by your owne witnesses ; but for the satisfaction to conscience , which this authours reasons and perspicuity will yeeld any christian reader ) the very place whereto hee referr'd the reader even now for his resolution in that point ; and the state of this question being set ( an aut privatis aut publicis personis bellum gerere liceat in eos , quorum imperio subsunt ; ) whether any private or publike persons may lawfully wage warre against them , under whose command they are ; hee defines , that by the very law of nature ( so much now talkt of ) 't is not lawfull . . that by the law of the jewes it was not allowed . . that it was lesse allowed , but become more unlawfull by the evangelicall law , rom. . . & pet. . , &c. and practice of ancient christians . . confutes the opinion of those that affirme it lawfull , for inferiour magistrates to wage warreagainst the supreme , by reasons and scriptures . . proposes the case of extreme and inevitable necessity , when the king goes to take away a mans life unjustly : and ( whatsoever might from nature or practice of the jewes , as of david , or of the macchabees , be brought to assert resistance in this case ) hee defines from the christian law , ( which commands so oft to take up the crosse ) an exacter degree of patience ; and particularly , when for religion our superiours goe about to kill us , though hee will allow flight to some sort of men , yet to no man more then flight ; but rather rejoycing when wee suffer as christians . this , saith hee , was the course that brought christian religion to such an height in the world : and resolves it the greatest injury that can be done to the ancient christians , to say , that it was want of strength , not of inclinations that way , that they defended not themselves in time of most certaine danger of death . tertullian , saith hee , had been imprudent and impudent , if in a writing presented to the emperours ( who could not be ignorant of the truth ) hee had dared to lye so confidently , when hee saith , non deesset nobis vis numerorum , &c. most admirable passages out of ancient writers hee there cites , for a leafe together to the same purpose , of dying for the truth of religion ; and never defending themselves by arms , against the illegall will of the lawfull magistrates . ( i beseech master marshall to send to the shop and read the passages , and consider how farre hee hath departed from the primitivenesse , and christianity of those examples . ) and to conclude , though grotius ( according to his manner ; which is to say all that can be wisht in any subject ) mentions some cases wherein a king may be resisted , yet if you read them , you will find little joy in any of them : as in case a king shall abdicate his kingdome , and manifestly relinquish his power , then hee turnes private man , and so may be dealt with as any other such . and some other the like . well , i have said enough of grotius in the businesse , and should adde no more ; but , i remember , i promised to shew that on occasion of these words of christ to saint peter , hee hath as much against the exposition pretended to be his , and the whole doctrine of resistance , as the kings friends could desire ; and that is in his annotations on the place , mat. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. neque vero ad petrum tantùm admonitio ista pertinet , sed & ad christianos omnes , qui à publicis potestatibus ad poenam expetuntur ob pietatis professionem : the admonition belongs not to peter onely , but to all christians , when they are called by the magistrate to suffer for the profession of piety : and sets the rule in that case , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to commit our soules to god , to expend our lives in his cause that gave us them ; alledging to this purpose , what this peter had learned from this master , pet. . , . and answering the common frivolous objection , fetch from the law of naturall defence , or selfe-preservation , shewing the difference between the use of that liberty against theeves , &c. ( against which the lawes and magistrates give us the liberty ) and against the commands of the supreme magistrate ; whom if in any case of injury , &c. private men may have permission to resist , or repell force with force , omnia erunt tumultuum plena ; nulla legum , nulla judiciorum authoritas : the perfect image of our kingdom at this time , when the words are englished , as god knowes the sense is : and then hee concludes with the case of religion , wherein there is no place of resisting the higher powers , be their violence never so unjust . i have undoubtedly made good my foure under-takings in this businesse ; and shall beseech master marshall hereafter to write more cautiously , lest hee provoke men to put him and the world in mind of other unjustifiable passages in his writings ; to tell him of ( that which in meere charity to him i desire hee should know men doe take notice of ) his dealing in a sermon of his , about josiah's reformation , preacht before the house of commons long since : and of the applying of the curse that fell on the inhabitants of meroz , judg. . ( for not helping their soveraigne , namely deborah , against a forraigne enemy , jabin ) to those that will not joyne with himselfe against his soveraigne , and his cavaleirs ; i. e. those forces raised by him . i wish heartily that master marshall , having gotten so much authority as to be the augustine , the truly polemicall divine of our times , would be so charitable to his disciples , as to imitate him , in retracting so many of his misadventures , as hee cannot chuse but know to be such ; and not to impose too intolerably on their credulity : or so tender of his owne reputation , as to acknowledge those himselfe , which every man that hath eyes doth discerne in his books ; and would , were it not for meere pity , and the duty of loving enemies , give a large account of . but i must remember , that master marshall adds two appearances of answer more to that allegation from christ to saint peter ; a word or two of those . secondly , saith hee , supposing it was a reproofe of peters using the sword , then the plaine meaning is to condemne peters rashnesse , who drew his sword , and never staid to know his masters mind whether hee should strike or not ; and so reproves those who rashly , unlawfully , or doubtingly use the sword . but , i pray sir , are those the words of christ , they onely that take the sword without asking , or knowing my mind , shall perish , &c. or have we any reason to think , that christ would have then dispensed with a known law if hee had answered him , and not rather have referred him to be regulated by it , as you see hee doth , for all that take , &c. . to see the unluckinesse of it againe , the text luk. . . saith expresly , that they did ask him , said unto him , lord , shall wee smite with the sword ? so that the question was aske before hee smote : and sure , if it had been christs pleasure they should smite , one syllable would have exprest it , and justified them ; and that might have intervened before his striking : and that it did not intervene , is no argument of the lawfulnesse of that striking in him , or the like in us ; especially when so sharp a reprehension immediately followes . . i shall grant the meaning is to condemne peter's rashnesse , in doing a thing so unlawfull , without any commission ; especially , when it was denyed by christ upon asking ; but not that the matter of the fact was perfectly justifiable , if abstracted from that rashnesse : or that now christs judgement being declared by his answer to him , it should be more justifiable in us , who have his example for our document . . i shall aske master marshall , whether hee hath asked and received knowledge of his masters mind or no ? hee must not meane any of his great earthly masters , ( that joyne with him in the warre against the supreme ; for sure , if such tell us wee may , or be so minded , that doth not prove that 't is lawfull ; for then i must aske them what master they asked ? and so , if they have none , conclude them in the number of the rash smiters ; ) but christ , ( for sure hee was peter's master ) or some taught by him in his word , who may give him assurance of the mind of christ : and if this be produc'd wee will be his disciples also . for , for his supreme master on earth , the meer-humane christ , the lords anoynted , i beleeve hee meanes not that hee should be asked , whether hee may be , and should be resisted ? and as little reason is there for us to be satisfied by being told by any others inferiour to him , ( especially by the chiefe resisters ) that wee may lawfully resist . . master marshall adds a consideration , that now was the houre come of christs suffering , and not of his apostles fighting , wherein christ would not be rescued , no not by twelve legions of angels , much lesse then by the sword of man : therefore hee saith to peter , put up , &c. but intended not , that it should alwayes be unlawfull for his people to use the sword in their just defence against unjust violence ; for then hee would never have commanded them but a little before , that hee that hath two coats , let him sell one and buy a sword . to this i answer , . that christ might suffer , though peter did resist ; as wee know hee did ; and consequently , the houre of his suffering being come , could not make it in him a crime to resist , if otherwise it were not : it might make christ refuse the help of his sword , but not produce the text proper to man-slayers against him , unlesse the fact in it selfe were of that nature . . this patient manner of christs suffering , and prohibiting resistance in his just defence , though it were then peculiar , and by decree necessary to christ ; yet is it since become matter of example , and necessary imitation to us , by force of that observation past upon it by saint peter , and entred into the canon of our scripture , pet. . . christ suffered for us , leaving us an example that wee should follow his steps , &c. and this used as an argument to enforce on us that duty , vers. . of being subject not onely to good and gentle , but also to froward masters . so that now , thirdly , though that checke had been peculiar to saint peter's act , clothed with those circumstances , of being done when 't was christs houre of suffering ; yet it will be obliging to us also , who are hereunto called , vers. . to suffer as patiently as christ did . but then fourthly , wee conclude not from any or all of this , that it should be alwayes unlawfull for christians to use the sword in their just defence : nor indeed , that it was unlawfull then ; kings may and might subdue by the sword their rebellious subjects : and private men might defend themselves from private invaders , and besides the proverbiall meaning of that speech ( of selling a coat and buying a sword , whereby , say the fathers , hee foretold them the dangers impendent over their heads , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} chrys. and advised them to provide for their owne security ) i shall not doubt to acknowledge that this liberty of private defensive resistance is authorized by that same scripture : but the resisting of the magistrate by the subject , is the thing that from christs words to peter wee undertake to shew unlawfull , and not any other resistance ; and that the swords were appointed by christ to be bought to that purpose , is not attempted to be proved by master marshall ; and to suppose it without proofe , is to affirme , that no man could invade , or be fit to be killed , but magistrates . the truth is , here is some art used , either by master marshall , or some other artificer ( interest , prejudice , or the like ) by master marshall to deceive the reader ; or by that other to deceive the composer , by using the phrase of just defence against unjust violence , ( which every man grants lawfull among private men ) and concluding that not to be made unlawfull by this text , ( which we doe not affirm , ) whereas all the dispute is , of resisting ( not simply any man , but peculiarly ) the magistrate ( and those that come with authority from him , ) which wee doe affirme to be the very thing exemplified and rebuked in this text , and so still stands ( by that reprehension of christ ) forbidden to us , in despight of master marshall's evasions . 't will be now matter of wonder to any , that all this paper should be spent in defence of this one argument , so briefly confuted and dispatcht by master marshall ; but i shall answer that wonder too : first , that at the entring on this examination of those few , the necessity of this length of words was not fore-seen . secondly , that though the escaping the force of this place would not be matter of triumph to master marshall , because there be other places of the new testament produced by his adversaries , yet unanswered , and one is enough to establish a christian truth ; yet the vindicating and clearing of this one from all exceptions , is the absolute carrying the cause against him by that one : and therefore if this may be compassed , ( which i am confident is by this discourse ) wee may spare all further travell in this business ; and command the subjects sword taken out ( though upon supposition of just defence , how unjustly soever that be pretended ) against the lawfull magistrate , to returne to its sheath againe . i wish to god it would obey the command . tu verò discipuli & amorem pium & humilitatem considera : alterum enim ex diligendi fervore ; alterum ex obedientiâ fecerat . nam cùm audisset , mitte gladium tuum in vaginam , statim obtemperavit , & nusquam postea istud fecit . titus bostr. in matth. non se sed magistrum est ultus , praeterea nondum perfectae & consummatae virtutis erat . quod si vis petri sapientiam intelligere , videbis posteà caesu● & sexcentas injurias passum , nullis malis , nullis calamitatibus pertur●●●● 〈◊〉 omnia tolerantem . euthym. in johan . ille utitur gladio , qui nullâ superiori ac legitimâ potestate vel jubente vel concedente , in sangninem alicujus armatur . nam utique dominus jusserat , ut ferrum discipuli ejus ferrent , sed non jusserat ut ferirent . quod ergo incongruum , si petrus post hoc peccatum factus est pastor ecclesiae : sicut moyses post percussum aegyptium factus est rector istius synagogae ? uterque enim non detestabili immanitate , sed emendabili animositate justitiae regulam excessit , uterque odio improbitatis alienae ; sed ille fraterno , iste dominico , licèt adhuc carnali , tamen amore peccavit . aug. lib. . cont. faust . man. cap. . finis . notes, typically marginal, from the original text notes for div a e- * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . * the fo●… of this ●lace of christ to st. peter , see m. m hath labour'd to delude , an● therefore 〈◊〉 have labour'd to vindicate in anoth●● discourse hereto appendant , to which i referre the reader . of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . notes for div a e- {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . notes for div a e- vid. suprà pag. . what if a man should construe this ( not o●… occasion of the militi● in matth●… p. . ●…f socin. ●… . in luk. p. . an enquiry into the measures of submission to the supream [sic] authority and of the grounds upon which it may be lawful or necessary for subjects to defend their religion. burnet, gilbert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an enquiry into the measures of submission to the supream [sic] authority and of the grounds upon which it may be lawful or necessary for subjects to defend their religion. burnet, gilbert, - . p. [s.n.], london : . attributed to gilbert burnet--nuc pre- imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to. church and state -- church of england. great britain -- history -- revolution of . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an enquiry into the measures of submission to the supream authority . and of the grounds upon which it may be lawful , or necessary for subjects to defend their religion lives and liberties . london , printed in the year . an enquiry into the measures of submission , to the supream authority : and of the grounds upon which it may be lawful or necess●ry for subjects , to defend their religion , lives and liberties . this enquirie cannot be regularly made , but by taking , in the first place , a true and full view of the nature of civil society , and more particularly of the nature of supream power , whether it is lodged in one or moe persons . . it is certain that the law of nature has put no difference nor subordina●ion among men , except it be that of children to parents , or of wives to their husbands ; so that with relation to the law of nature , all men a●e born free ; and this libert● must still be supposed entire , unless so far as it is limited by contracts , provisions and laws ; for a man can ei●her bind himsel● to be a servant , or sell himself to be a slave , by which he becomes in the power of another , only so far as it was provided by the contract : since all ●hat liberty which was not expresly given away , remains still entire ; so that the plea for liberty alwayes proves it self , unless it appears that it is given up , or limited by any special agreement . . it is no less certain , that as the light of nature has plan●ed in all men a natural principle of the love of life , and of a desire to pr●s●rve it ; so the comm●n principles of all religion agree in this , that god having set us in this world , we are bound to preserve that being , which he has given us , by all just and lawful wayes . now this duty of self-pr●serv●tion , is exerted in instances of two sorts ; the one are in the resisting of violent aggressors ; the other are the taking of j●st revenges of those who have invaded us so secretly , that we could not prevent them ▪ and so violently that we could nor resist them . in which cases the principle of self preservation warrants us , both to recover what is our own , with just damages ; and also to put such unjust persons out of a capacity of doing the like injuries any more , either to our selves or to any others . now in these instances of self-preservation , this difference is to be observed , that the first cannot be limited , b● any slow forms , since a ●ressing danger requires a vigorous repulse , and cannot admit of delay ; whereas the second , of taking reverges or reparations , is not of such haste , but that it may be brought under rules and forms . . the true and original notion of civil society and government is , that it is a com-promise made by such a body of men , by which they resign up the right of demanding reparations , either in the way of justice , against one another , or in the way of war against their neighbours ; to suc● a single person , or to such a body of men as they think fit to trust with this . and in the management of this civil society , great distinction is to be made between the power of making laws for the regulating the conduct of it , & the power of executing these laws : the supream authority must still be supposed to be lodged with those who have the legisl●tive power reserved to them ; but not with tho●e who have only the executive , which is plainly a trust , when it is separated from the legislative power ; and all tru●ts by their nature imp●rt , that those to whom they are given , are accountable , even tho that it should not be expresly specified in the words of the ●rust it self . . it cannot be supposed by the principles of natural religion , that god has authorised any one form of government , any other way than as the general rules of order and of justice oblige all men not to subvert constitutions , nor disturb the peace of mankind , nor invade those rights with which the law may have vested some persons ; for it is certain that as private contracts lodge or translate private rights ; so the publick laws can likewise lodge such rights , ●rerogatives and revenues , in those under whose protection they put themselves ; and in such a manner that they may come to have as good a title to these , as any private person can have to his property ; so that it becomes an act of high injustice and violence to invade these , which is so far a greater sin than any such actions would be against a private person ; as the publick peace and order is preferable to all private considerations whatsoever . so that in truth , ●the principles of natural religion , give those that are in authority no power at all● , but they do only secure them in the possession of that which is theirs by law ▪ and as no considerations of religion can bind me to pay another more than i indeed owe him , but do only bind me more strictly to pay what i owe ; so the considerations of religion do indeed bring subjects under stricter obligations , to pay all due all●giance and submission to their princes ; but they do not at all extend that allegia●ce further than the law carries it . and though a man has no divine right to his property , but has acquired it by humane means , such as succession or industry , yet he has a security for the enjoyment of it , from a divine right , so tho princes have no immediate warrants from heaven , either for their original titles , or for the extent of them , yet they are secured in the possession of them by the principles and rules of natural religion . . it is to be considered that as a private person , can bind himself to anoth●r mans service by different degrees , either as an ordinary se●vant for wages , or as an appropriat for a longer time as an apprentice , or by a total giving himself up to another , as in the case of slavery : in all which cases the general name of master may be equally used , yet the degrees of his power are to be judged by the nature of the contract ; so likewise bodies of men can give themselves up in different degrees , to the conduct of others . and therefore though all tho●e may carry the same name of king , yet every ones power is to be taken from the measures of the authority which is lodged in him , and not from any general speculations founded on some equivocal terms , such as king , soveraign or supream . . i●'s certain , that god , as the creator and governour of the world , may set up whom he will , to rule over other men : but this declaration of his will , must be made evident by prophe●s , or other extraordinary men sen● of him , who have some manifest proo●s of the divine authority , that is committed to them , on such occasions , and upon such persons declaring the will of god , in favour of any others , that declaration is to be submitted to and obeyed . but this pretence of a divine delegation , can be carryed no farther than to those who are thus expresl● marked out , and is unjustly claimed by those who can prove no such declaration to have been ever made in favour of them , or their families . nor does it appear reasonable to conclude from their being in possession , that it is the will of god that it should be so , this justifies all usurpers , when they ●re successful . . the measures of power , and by consequence of ob●dience , must be taken from the express laws of any s●ate , or body of men , from the oaths that they swear , or from immemorial prescription , and a long possession , which both give a title , and in a long tract of time make a bad one become good , since prescription when it passes the memory of man , and is not dispured by any other pretender , gives by the common sense of all men , a just and good title : so upon the whole matter , the degrees of all civil authority , are to be taken either from express laws , immemorial customs , or from particular oaths , which the subjects swear to their princes : this being still to be laid down for a principle , that in all the disputes between power and liberty ▪ power must alwayes be proved , but liberty proves it self ; the one being founded only upon positive law , and the other upon the law of nature . . if from the general principles of humane society , and natural religion , we carry this matter to be examined by the scriptures , it is clear that all the passages that are in the old testament , are not to be made use of in this matter , of neither side . for as the land of canaan , was given to the iews by an immediat grant from heaven , so god re●erved still this to himself , and to the declarations that he should m●ke from time to time , either by his prophets , or by the answers that came from the cloud of glory that was between the cherubims , to set up judges or kings over them , and to pull them down again as he thought fit , here was an express delegation made by god , and theref●re all that was ●one in that dispensation , either for or against princes , is not to be made use of in any other state , that is founded on another bottom and constitution , and all the expressions in the old testament relating to kings , since they belong to persons that were immediatly designed by god , are without any sort of reason ap●lyed to those , who can pretend to no such designation , neither o● themselves nor for their ancestors . . as for the new testament , it is plain ▪ that there are no rules given in it , neither for the forms o● government in general , nor for ●he degrees of any one form in particular ▪ but the general rules of justice , order , and peace , being established in it upon higher motives , and more binding considerations , then ever they were ●n any other religion whatsoever , we are most strictly bound by it , to observe the constitution in which we are ? and it is plain , that the rules set us in the gospel , can be carried no further . it is indeed clear from the new testament , that the christian religion as such , gives us no grounds to defend or propagat it by force . it is a doctrine of the cross , and of faith , and patience under it : and i● by the order of divine providence , and of any constitution of governmen● , under which we are born , we are brought under suf●erings , for our professing of it , we may indeed retire and fly out of any such countrey , if we can ; but if that is denyed us , we must then according to this religion , ●ubmit to those suffe●ings under which we may be brought , considering that god will be glorified by us in so doing , and that he will both support us under our sufferings , and gloriously reward us for them . this was the state of the christian religion , during the three first centuries , under heathen emperours , and a constitution in which paganism was established by law ; but i● by the laws of any government , the christian religion , or any form of it , is become a part of the subjects property , it then falls under another consider●tion , not as it is a religion , but as it is become one of the principal rights of the subjects , to believe and profess it : and then we must ju●ge of the invasions made on that , as we do of any other invasion that is made on our rights . . all the pas●ages in the new testament that relate to civil government are to be expounded as they were truely meaned , in opposition to that false notion of the iews , who believed themselves to be so immediately under the divine authority , that they would not become the subjects of any other power ; particularly of one that was not of their nation , or of their religion : therefore they thought , they could not be under the roman yoke , nor bound to pay tribute to caesar ▪ but judged that they were only subj●ct out of fear , by reason of the force that lay on them , but not for conscience sake : and so in all their dispersion , both at rome and elsewhere , they thought they were gods free-men ; and made use of this pretended liberty as a cloak of maliciousness . in opposition to all which , since in a cour●e of many years , they had asked the protection of the roman yoke , and were come und●r their authority , our saviour ordered them to continue in that by his ●aying , render to caesar that which is caesars ; and both st. p●ul in his epistle to the romans , and st. peter in his general epistle , have very positively condemned that pernicious maxim , but without any formal declarations made of the rules or measures of government . and since both the people and senate of rome had acknowledged the power that augustus had indeed violently usurped , it became legal when it was thus submitted to , and confirmed both by the senate and people : and it was establisht in his family by a long prescription when these epistle● were writ : so that upon the whole matter , all that is in the new testament upon this subject . imports no more but that all christians are bound to acquiesce in the government , and submit to it , according to the cons●i●ution that is setled by law. we are then at last brought to the constitution of our english government ; so that no general considerations from speculations about soveraign power , nor from any passages either of the old and new t●stament , ought to determin us in this matter ; which must be fixed from the laws and regulations that have been made among us. it is then certain , that with relation to the executive part of the government , the law has lodged that singly in the king ; so that the whole administration of it is in him : but the legislative power is lodged between the king and the two houses of parliament ; so that the power of making and repealing laws , is not singly in the king , but only so far as the two houses concur with him . it is also clear , that the king has such a determined extent of prerogative , beyond which he has no authority : as for instance , if he levies money of his people , without a law impowering him to it , he goes beyond the limits of his power , and asks that to which he has no right ▪ so that there lyes no obligation on the subject to grant it : and if any in his name use violence for the obtaining it , they are to be looked on as so many robbers , that invade our property and they being violent aggressors , the principle of self preservation seems here to take place , and to warrant as violent a resistance . there is nothing more evident , than that england is a free nation , that has its liberties and properti●s reserved to it b● many positive and express laws : if then we have a right to our property , we must likewise be supposed to have a right to preserve it ; for these rights are by the law secured against the invasions of the prerogative , and by consequence we must have a right to preserve them against those invasions . it is also evidently declared by our law , that all orders and warrants , that are issued out in opposition to them , are null of themselves ; and by consequence , any that pretend to have commissions from the king for those ends , are to be considered as if they had none at all : since these commissions being void of themselves , are inde●d no commissions in the construction of the law ; and the●efore those who act in vertue of them , are still to be considered , as private persons who come to invade and disturb u● . it is also to be observed , that the●e are some points that are justly disputable and doubtful , and others that are so manifest , that it is plain that any objections that can be made to them , are rather for●ed preten●es , than so much as plausible colours . it is true , if the case is doubtful , the interest of the publick peace and order ought to ca●ry it ; ●ut the case is quite different when the invasions that are made upon liberty and property , are plain and visible to all that co●sider them . . the main and great difficulty here , is , that tho our governm●nt does indeed as●ert the li●erty of the subject , yet there are many express laws made , that lodge the militia singly in the king , that make it plainly unlawfull upon any pretence whatsoever to take arms against the king , or any c●mmissioned by him ; and these laws have been put in the form of an oath , which all that have born any imployment either in church or state ●ave sworn ; and ther●fore ●h●se laws , ●or the assu●eing ●ur liberties , do indeed bind the kings conscience , and may af●●ct his ministers ; y●t since it is a m●x●m of our law , t●at the king can do no wrong , these cannot be carried so far as to justifie our taking arms against him , be the trans●r●ssions of law e●er so many and so manifest : and since this has be●n the consta●t doctrine of the church of england , it will be a very h●avy imputation on us , if it appears , that tho we held these opinions , as long as the court and the crown have favoured us , ●et as soon as the court turns against us , we change o●r principles . . here is the true difficulty of this whole matter , and therefor it ought to be exactly considered . fi●st , all general words , ●ow large so●ver , are still supposed to have a tacite exception , and reserves in them , if the matter seems to require it . children are commanded to obe● their parents in all things : wives are declared be the scripture , to be subject to their husbands in a●l things ; as the church is unto christ : and yet how comprehensive so●ver these words may seem to be , there is still a reserve to be understood in them ; and tho by our form of marriage the p●rties swear to one another till death them do part , yet few doubt 〈◊〉 this bond is dissolved by adultery , tho it is not named ; for odious things ought not to be suspected , and therefore not named upon such occasions : but when they fall out , they carrie still their own force with them . . when there seems to be a contradiction between two articles in the constitution , we ought to examine which of the two is the most evident , and the most important and so we ought to fix upon it , and then we must give such an accomodating sense to that which seems to contradict it , that so we may reconcile those together . here then are two seeming contradictions in our constitution : the oneis the publick libert● of the nation ; the other is the renouncing of all resi●tance , in case that were invaded . it is plain , that our liberty is only a thing that we enjoy at the kings discretion , and during his pleasure ; if the other against all resistance is to be understood according to the outmost extent of the words . therefore since the chief design of our whole law , and all the several rules of our constitution , is to secure and mantain our liberty , we ought to lay that down for a conclusion , that it is both the most plain and the most important of the two : and therefore the other article against resistance ought to be so softned ▪ as that it doe not destroy this . . since it is by a law that resistance is condemned , we ought to understand it in such a sense , as that it does not destroy all other laws : and therefore the intent of this law must only relate to the executive power , which is in the king , and not to the legislative , in which we cannot suppose that our legislators , who made that law , intended to give up that , which we plainly see they resolved still to preserve intire , according to the ancient constitution . so then the not resi●ting the king , can only be applyed to the executive power , that so upon no pretence of ill administrations in the execution of the law , it should be lawful to resist him ; but this cannot with any r●ason be extended to an invasion of the legislative power , or to a total subversion of the government . for it being plain , that the law did not design to lodge that power in the king ; it is also plain , that it did not intend to secure him in it , in case he should ●et about it . . the law mentioning the king , or those commissionate by him , shews plainly , that it only designed to secure t●e king in the executive power : for the word commission necessarly imports this , since if it is not according to law , it is no commission ; and by con●equence , ●●ose who act in vertue of it , are not commissionate by the king in the sense of the law. the king likewise imports a prince clothed by law with the regal prerogative , but if he goes to subvert the whole foundation of the governmen● , he subverts that by which he himself has his power , and by consequence he annulls his own power ; and then he ceases to be king , having endeavoured to destroy that , upon which his own authority is founded . it is acknowledged by the greatest asserters of monarchical power , that in some cases a king may fall from his power , and in other cases that he may fall from the exercise of it . his deserting his people , his going about to enslave or sell them to any other , or a furious going about to destroy them , are in the opinion of the most monarchical lawyers , such abuses , that they naturally divest those that are guilty of them , of their whole authority . infamy or phrenzie do also put them under the guardian-ship of others . all the crowned heads of europe have , at least secretly , approv'd of the putting the late king of portugal under a guardian-ship , & the keeping him still prisoner for a few acts of rage , that had been fatal to a very few persons : and even our court gave the first countenance to it , tho of all ot●ers the late king hade the most reason to have done it at least last of all , since it justified a younger brother's supplanting the elder ; yet the evidence of the thing carryed it even against interest . therefore if a king goes about to subvert the government , and to overturn the whole constitution , he by this must be supposed either to fall from his power , or at least from the exercise of it , so far as that he ought to be put under guardians ; and according to the case of portugal , the next heir falls naturally to be the guardian . the next thing to be considered , is , to see in fact whether the foundations of this government have been struck at , and whether those e●rors , that have been perhaps committed , are only such malversations , as ought to be imputed only to humane frailty , and to the ignorance , inadvertencies , or passions to which all princes may be subject , as well as other men , but this will best appear if we consider , what are the fundamental points of our government , and the chief securities that we have for our liberties . the authorit● of the law is indeed all in one word , so that if the king pretends to a power to dispense with laws , there is nothing left , upon which the subject can depend ; and yet as if dispensing power were not enough , if laws are wholly suspended for all time coming , this is plainly a repealing of them , when likewise the men , in whose han●s the administra●ion of justice is put by law , su●h as judges and sheriffs are allowed to tread all laws un●er foot , even th●se that infer an incapacity on themselves if they violate them ; this is such a breaking of the whole constitution , that we can no m●re have the administration of justice , so that it is really a dissolution of th● government ; since all tryals , sentences , and the executions of them are become so many unlawful acts , that are null and void of themselves . the next thing in our constitution , which secures to us our laws and liberties , is a free and lawful parl●ament . now not to mention the breach of the law of triennial parliaments , it being above three years since we had a session , that enacted any law ; methods have been taken , and are daily a taking , that render this impossible . parliaments ought to be chosen with an in●ire liberty , and without either force or pre-engagements : whereas if all men are required before hand to enter into engagements , how they will vote , if they were chosen themselves ; or how they will give their votes in the electing of others ; this is plain●y such a preparation to a parliament , as would indeed make it no parliament , but a cabal , if one were chosen a●ter all that cor●uption of persons , who had pre-engaged themselves ; and after the threatning and turning out of all persons out of employmen●s who had refused to do it ; and if there are such daily regulations made in the towns , that it is plain those who manage them , intend at last to put such a number of men in the cor●orations as will certainly chuse the persons who are recommended to them . but above all , if there are such a number of sheriffs and majors made over england , by whom the elections must be conducted and returned , who are now under an incapacity by law , and so are no legal officers , and by consequence these elections that pass under their authorit● are null and void ▪ if , i say , it is clear that things are brought to this , then the government is dis●olved , because it is impossible to have a free and legal , parliament in this state of things . if then both the authority of the law , and the constitution of the parliament are struck at and dis●olved , here is a plain subversion of ●he whole government . bu● if we enter n●xt into the particular b●anches of the government , we will find the like diso●der among them all . the prote●tant religion , and the ●hurch of england , make a great article of our government , the latter ●eing secured not only of old by magna charta , but by many special laws made of late ; and there are par●icular laws made in k. cha●l●s the first , and the late king's time , securing them fr●m all commissions that the king can raise for judging or cen●ureing them : if then in oppofition to this , a court so condemned is e●●cted , which proceeds to judge and c●nsure the clergy ▪ and even to d●ssei●e them of their free holds , without so much as the form of a t●yal , tho this is the most indispensable law , of all these that secures the property of engla●d : and if the king pretends that he can ●equire the clerg● to publish all his arbitrary declarations ▪ and in par●icular one that stricks at their whole setlement , and has ord●red p●ocess to be begun against all that disobeyed this ill●gal warrant , and has treated so great a number of the bishops as ●r●minals , only for representing to him the reasons of their not obe●ing him ; if likewise the ki●g is not satisfied to pro●ess his own religi●n openly , tho even that is contra●y to law , but has sent ambassadors to rome , and received nunci●'s from thence , which is plainly treason by law , if likewise many popish churches and chapels have been publickly opened ; if several colledg●s of iesuits have ●e●n set up in ●ivers parts of the nation , and one of the ord●r has been made a privy counsellour , and a principal minister of state ; and if papists and even those who tu●n to that religion , tho de●la●ed traitors by law , are brought into all the chief employm●nts , bo●h mili●ary and civil ; then it is plain ▪ that all the rights of the church of england , and the whole establishment of the protestant reli●ion are struck at , and designed to be overturned ; since all these things , as they are notoriously illegal , so they evidently de●onstrate , that the gr●at design of them all , is the rooting out this pestilent heresie , in their stile , i mean the protestant religion . in the next place , if in the whole course of justice , it is visible , that there is a constant p●actis●ing upon the iudges , that the● are turned out upon their varying from the intentions of the court , and if men of no reputation or abilities are put in their places ; if an army is kept up in time of peace , and men who withdraw from that illegal service are hanged up as criminals , without any collour of law , which by consequence are so many murders ; and if the souldierie are connived at and encouraged in the most enormous crimes , that so the● may be thereby prepared to commit great ones , and from singl● rapes and murders , proceed to a rape upon all our liberties ▪ and a destruction of the nation : if i say , all these things are true in fact , then it is plain , that there is such a dissolution of the government made , that there is not any one part of it left sound and entire : and if all these things are done now , it is easie to imagine what may be expected , when arbitrary power that spares no man , and popery that spares no heretick , are finally established : then we may look for nothing but gabelles , tailles , impositions , benevolences , and all sorts of illegal taxes ; as from the other we may expect burnings , massacres , and inquisitions . in what is doing in scotland we may gather what is to be expected in england ; where , if the king has over and over again declared , that he is vested with an absolute power , to which all are bound to obey without reserve . and has upon that annulled almost all the acts of parliament that passed in k. iames i. minority , tho they were ratified by himself when he came to be of age ; and were confirmed by all the subsequent kings , not excepting the present . we must then conclude from thence , what is resolved on here in england , and what will be put in execution as soon as it is thought that the times can bear it . when likewayes the whole setlement of ireland is shaken , and the army that was raised , and is maintained by taxes , that were given for an army of english protestants , to secure them from a new massacre by the irish papists , is now all filled wìth irish papists , as well as almost all the other employments ; it is plain , that not only all the british protestants inhabiting that island , are in dayly danger of being butchered a second time , but that the crown of england , is in danger of loseing that island , it being now put wholly into the hands and power of the native irish , who as they formerly offered themselves up sometimes to the crown of spain , sometimes to the pope , and once to the duke of lorrain , so are they perhaps at this present treating with another court for the sale and surrender of the island , and for the massacre of the english in it . if thus all the several branches of our constitution are dissolved , it might be at least expected , that one part should be left entire , and that is the regal dignity ; and yet that is prosti●u●ed , when we see a young child put in the reversion of it , and pretended to be the prince of wales ; concerning whose being born of the queen , there appears to be not only no certain proofs , but there are all the presumptiones that can possibly be imagined to the contrary . no proofs were ever given either to the princess of d●nmark , or to any other protestant ladies , in whom we ought to repose any confidence that the queen was ever with child ; that whole matter being managed with so much mysteriousness , that there were violent and publick suspitions of it before the birth . but the whole contrivance of the birth , the sending away the princess of denmark , the sudden shortning of the reckoning , the queens sudden going to st. iames's , her no less sudden delivery , the hurrying the child into another room , without shewing it to these present , and without their hearing it cr● ; and the mysterious conduct of all since that time ; no satisfaction being given to the prin●ess of denmark upon her return from the bath , nor to any other protestant ladies , of the queens having been really brought to bed ; these are all such evident indications of a base imposture , in this matter , that as the nation has the justest reason in the world to doubt of it , so they have all possible rea●on to be at no quiet , till they see a legal and free parliament assembled , which may impartially , and without either fear or corruption , examine that whole matter . if all these matters are true in fact , then i suppose no man will doubt , that the whole foundations of this government , and all the most sacred parts of it are overturned ; and as to the truth os all these suppositions , that is left to every english-mans judgement and sense . finis . 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, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) 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, - . [ ], , p. [s.n.], london : . dedication signed: wilhelmus denton, m.d. attributed to william denton. cf. bm. errata on p. . reproduction of original in huntington library. "some remarks recommended unto ecclesiastics of all perswasions": p. ( nd count). imperfect: "some remarks recommended unto ecclesiastics of all perswasions." is lacking on film. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to. great britain -- history -- revolution of . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion jvs regiminis : being a justification of defensive arms in general . and consequently of our late revolutions and transactions to be the just right of the kingdom . licens'd , june . . j. fraser . london , printed in the year mdclxxxix . benedictus sit prae caeteris principibus wilhelmus henricus d. g. magnae britanniae , franciae , & hiberniae rex : qualem nec viderunt avi , nec visuri sunt nepotes ; qui advenerit ad auxilium jehovae , contra potentes papicolas antichristianos tyrannorum pessimos : benedicta sit prae caeteris heroinis maria , regina conjux & regni consors : communicatis imperii fascibus , fruantur illi sceptro britannico , parentes liberorum laeti , & aurei seculi authores . macti virtute conculcate inimicos religionis protestantium , legum anglorum , libertatum parliamenti , ut nomina vestra eant in mille saecula sciantque posteri , & filii nascituri surgentes enarrent filiis suis ; & semper fugiant infesti osores à conspectu vestro . sic comprecatur , sic vovet omni supplex humilitate wilhelmus denton , m. d. majestatum vestrarum subditus humillimus . advertisemfnt to the reader . this treatise hath been written several years and kept close , because the government would not bear such prints , and might still have lain snug , but that i daily see great endeavours by various prints and pamphlets , casting false glosses upon a good cause , designing to bring us back to onyons and garlick , and to popery , the worst of tyranny . among which prints the history of passive obedience , at first view , seems to carry in it's front for its better countenancing of non-resistance , the most flourishing shew of our articles , injunctions , canons , homiles , liturgy , both our universities , bishops , martyrs , confessors , &c. which at first view presents a wonderful and an amazing cloud of witnesses , ready to confound the doctrine of resistance and defensive arms without farther inquiry , and to make good that enslaving doctrine of passive obedience absolutely absolute without reserve , of which i shall make but one or two plain remarks , leaving the rest to better pens . . granting all the quotations to be true , yet are they to be understood of private men , and of private authority only , and not of ordines regni , states , and kingdoms , and commonwealths . . calvin , though quoted in this history as an assertor of such passive obedience , of which he treats very learnedly , giving it all its just allowances and dimensions , yet concludes , notwithstanding all those specious expressions which seem to favour passive obedience , that he is to be understood always speaking of private men : for if there be at this time any magistrates for the behalf of the people , as the ephori amongst the lacedaemonians , or tribunes at rome ; as the demarchi at athens ; or the same power also , which peradventure as things are now , the estates have in every realm when they hold their dyets , parliaments , principle assemblies ; he doth not forbid them according to their office to withstand the outragious licentiousness of kings . and farther he affirms , that if they wink at kings wilfully ranging over and treading down the poor commonalty , their dissembling is not without wicked breach of faith , because they deceitfully betray the liberty of the people , whereof they know themselves to be protectors , appointed by the ordinance of god. calvin , instit . lib. . c. . par . . likewise his quotation of dr. jackson in the chapter of the bounds of christian obedience , will serve his turn as little as that out of calvin ; for in the same chapter , p. . it being objected to him by the author of the prince and prelate , that many besides the separatists and enthusiasts , many of note in reformed churches have published in writing , that kings and princes may in some cases be deposed ; which , saith dr. jackson , if spoken universally , their doctrine is false ; and for such condemned by our church , if thus they taught indefinitely only , as that some kings , some chief magistrates may be deposed , he knows no church that justly condemns them : but for divines to determine or dispute what princes in particular may be deposed , or in what cases , is matter without their commission , unless commanded by their princes , p. . and i think he knew the doctrine of this and other churches as well as the author of this history . so bishop jewel explains st paul and himself in the very same quotation , viz. that whosoever striketh with the sword by private authority , shall perish with the sword ; which opinion , if rightly considered , is the sense or meaning of all , or most , of this historians quotations , and are so to be understood . bishop bilson ( how slightly soever represented by this historian ) was as profound a scholar and divine as ever sate upon that see : in his book of christian subjection , and unchristian rebellion , treats of nothing else but of passive obedience and non-resistance at large , and no man better or more solidly in defence of them , yet will not rashly pronounce all that resist to be rebels . if a king should go about to subject the kingdom to a foreign realm ( which happily is not much dissimular to our present constitution and transactions ) to change the form of a commonwealth from impery to tyranny or neglect the laws established by common consent of prince and people to execute his own pleasure : in those and other cases , if the nobles and commons join together to defend their ancient liberties , regiment and laws , they may not well be accounted rebels , ( very modestly expressed ) p. . and more at large to the same purpose may be read in several places of this book ; which opinion of these great and learned men , are a justification of the present transactions of our ordines regni , who have so considerable a share in the government , that no law can or ought to be made without them . and i may truly say , without prejudice , that those very authors ( being all of the historians own quoting ) have written as profoundly and solidly for passive obedience and non-resistance as it will bear , or that all his other quotations do or can make out : and bishop bilson , that great scholar and divine , printed his book . and dedicated it to queen elizabeth of ever blessed memory , whose happy government was such , as she did not think such resistance unlawful , and therefore she soon promoted him to be bishop of worcester , anno . and soon after , viz. anno . translated him to winchester : and i think these men understood the doctrines , articles , canons , liturgy , homilies , universities , &c. of this and of other churches abroad , as well as this historian , or as any of the other authors as he hath named . besides , queen elizabeth did not only approve the publication of such doctrines in her government , but being willing to avoid the curse , that bitter curse of meroz , on her and her kingdom , she gave this farther testimony and demonstration , by her owning and countenancing such resistance , and by her en●ring into contract with the protestants of france , against the mighty , by sending mony and 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 . 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 . march . 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 is a crime unpardonable ; and that it must be punished with the loss of goods , lives , and estates . men to men still . but when they themselves break faith , plighted to god and men by solemn oaths , and do things ten thousand times worse , against their supreme lord and master , and the governed ; yet such is the wonderful perverse ends of their judgment , that they imagine themselves to be innocent and unaccountable : whereas by right they ought to hazard and spend their own lives and scepters in defence of his glory , from , and under whom they hold those lives and scepters , and for defence , support , and well governing of the governed , that they may live in wealth , peace , and godliness , they being the church of god , whose nursing-fathers and mothers , kings and queens , and all other rulers , as in duty bound of right ought to be ; more especially , if they confer honors , dignities , or places of profit , on any of their subjects ( prerogatives given them even by the governed ) if they say not as they say , and do not obey all their commands right or wrong , what a huff and fustian fume are they in ? what ? eat of their bread , drink of their drink , and live at ease , and in great plenty and pleasure , by their favors and graces bestowed on them , and yet so ungrateful as not to subordinate their wills to the wills of their princes . which arises from corrupted nature and their own great mistake . for kings themselves , and all their officers , are the kingdoms officers , cloathed with their fleece , warmed with their wooll , fed with their bread , their oyl , and their wine , and paid with their tribute : and is it not much more sinful and ungrateful in them to do violence , or oppress any of them ? do they not dig and delve , plow and harrow , sow and reap , plant and pull up with the labour of their hands , and sweat of their brows ? and all this to pay them tribute , that they may live in great glory and plenty ; that they may eat the fat , drink the sweet , lie upon the soft , chant to the sound of the vial , drink wine in bowles , that they may be gorgeously clad , and fare deliciously every day ? is it not therefore much more abominable , wicked , and ungrateful in them , to oppress or violate the laws of them that set their crowns on their heads , and maintain them in all their glory and excesses , not only for necessity , but for delight ? consider seriously with your selves , whilst you are yet on this side the grave : ( for there is no work , nor device , nor knowledge , nor wisdome , in the grave , eccl. . . ) and all your pomp must be brought down to the grave , even lucifer , the sun of the morning , who did weaken the nations , how did he fall from heaven , and was cut down to the ground ? isaiah . . ) that you cannot oppress the governed without being guilty of ingratitude ( the vilest and basest of crimes ) in the esteem both of heathens and christians , and by the practice even of bruits and beasts . first , gratitude is natural ( and therefore ungratefulness must be unnatural ) witness beasts themselves , not only tame and domestick , but even wild and cruel ; among whom there are many excellent and true examples , as of the lyon towards the roman slave . &c. officia etiam ferae sentiunt : even wild beasts are sensible of good and evil done unto them ; by which it is easie to guess how unnatural , how unpleasing and odious , how base and villanous ingratitude is unto all men ; quatenus men only . dixeris maledicta cuncta cum ingratum hominem dixeris : thou speakest all the evil that may be said of a man , when thou callest man ungrateful : it is against nature , and therefore plato , speaking of his disciple aristotle , calleth him an ungrateful mule : it is without all excuse , and cannot come but from a wicked nature . so seneca , grave vitium intollerabile quod dissociat homines . a grievous vice and intollerable , which breaketh the society of men. if by the instinct of nature , and the examples of bruits , unreasonable creatures , ingratitude be so vile a crime , that it becomes a reproach to men , as being reasonable creatures , how much greater reproach is ingratitude in men as christians ? god's commands are , love your enemies , bless them that curse you , do good to them that hate you , and pray for them that despitefully use you and persecute you , that you may be children of your father which is in heaven : for he maketh the sun to rise on the evil and the good ; and sendeth rain on the just and on the unjust , matth. . , . so luke . , . for he is kind to the unthankful , and to the evil . so ought all kings and rulers to love their people , though enemies , out of gratitude they owe to god , who hath both commanded us so to do , and whose daily practice it is . how doth god upbraid and reproach the ungrateful jews ! hear , o heavens , and give ear o earth , for the lord hath spoken : i have nourished and brought up children , and they have rebelled against me : the oxe knoweth his owner , and the ass his masters crib ; but israel doth not know , my people doth not consider , &c. isaiah . what reproaches and woes are pronounced against those ungrateful jews , for whom god had done so much ( when israel was a child then god loved him , and taught ephraim also to go , taking them by the arms , drew them with cords of a man , with bands of love , and was to them as they that take off the yoak on their jaws , and laid meat unto them , &c. hos . . all the prophets testifie throughout the whole bible that gratitude is the universal precept and command of god himself , and he is the avenger of all ingratitude and disobedience : do you thus requite the lord , o foolish people and unwise ? deut. . . god is so gracious as to let the sun shine on the just and on the unjust , to requite good for evil . how ought kings then as his ministers , his vicegerents , not to requite evil for good , but good for evil ? how much more are kings then obliged to god and man by their greater obligation to keep faith and covenant with their people , who choose them from among themselves to be their king , setting them on thrones in a more eminent and glorious station and figure above all themselves , paying them all the ensigns of honour , duty , and majesty , giving them abundant tribute to support the same ? what to do ? to tear them with thorns and briars , or whip them with scorpious , or grind their faces as many have done ; no , no , but to have their laws run in their names , and executed by legal powers in their names , that justice might be equally and indifferently administred to all : they claim and glory in the title of being gods vicegerents and ministers , and therefore their ministrations ought more especially to be for the happiness and salvation of their kingdoms ; if otherways , know , that god will cut off the spirit of princes , he is terrible to the kings of the earth , psal . . . and in his due time will relieve the oppressed and afflicted . if we make diligent and exact scrutiny into other relations of human and civil dependencies , our judgments may be assisted for the more clear apprehending of truths of government , wherein we shall find some obligations between them so strictly enjoyned , that they cannot be violated without the brand of impiety , as between parents and children , husband and wife , master and servant , col. . , . , , . job . . between whom , although by the laws of god and man there be many reciprocal duties ; yet are they nothing if weighed in a just ballance , in comparison to what kings themselves owe to god and the governed , who are also the church of christ : for what ever injury is done to a christian commonwealth , is at the same time done against the church of god , whereof christ is head , and king , and those whom we call kings thereof are but his substitutes , and vicegerents , and ought to govern as he hath commanded , and as he will do when he shall come again in glory to reign on earth . besides they are constituted and ordained by the governed , under conditions , covenants , and agreement ; not that themselves may live at ease only , and command , and rule at pleasure , but as gods vicegerents , and as trustees and administrators of the governed , to rule and govern according to his and their own laws ( quas vulgus eligerit ) for what a madness should we esteem it in human affairs , if deputies , viceroyes , and lieutenants of earthly kings , should for their own private ends and interest prefer them before the honour , glory , and service of their kings . they who so administer affairs , take not right measures of their masters glory , and the peoples good , but comply with the flatteries of their own lusts , their particular advantages , sinful ends and interests , or hatred , furiously transporting them to the publick ruin , privati commodi vel odii pertinacia in publicum exitium stimulante . tacit. lib. . hist . private interest and concerns , saith livy , always have , and always will hinder publick good councils , privatae res semper officere officientque publicis consiliis , livy lib , . the heathen , taught only by the light of nature , could discern the truth of these things , and have left monuments thereof on their tombs and coins . they doubted not , saith valerius , that empires were made to serve holy purposes , and that all things , even such where the lustre of supreme majesty was to appear , were to be placed after religion . kings , princes , and governours , being partakers of the same human nature in common with their subjects , are equally obliged by the same laws of god and nature , to keep faith and covenant ( the common law of nature ) with them ; and therefore the obligation of keeping faith and covenant , is equally obligatory both to prince and people . as by the law of nature , so by the law of god , covenants are inviolably to be kept , and not broken by either prince or people . and as covenants between god and the king , and between god and the people , so between kings and the people ; which as they are most solemnly made , so they are as sacredly to be k●pt ▪ and that under great menaces , pains , and penalties . god hath given his ●ord ▪ that ●e will never break his covenant , jud. . . and psal . . . my covenant i will not break , nor alter the thing that is gone out of my mouth , and requires and expects the like punctual performance from his vicegerents , and bitterly curses those that do infringe and break plighted faith and agreements : cursed be the man that obeyeth not the words of this covenant , j●r . . . and god for the breach of covenant gave the princes of judah and the princes of jerusalem , the eunuchs , and the priests , and all the people of the land , into the hands of the enemies , and into the hands of them that sought their lives , and their bodies for meat unto the fowls of heaven , and to the beasts of the earth , jer. . , . besides god is no respecter of persons , kings and peasants are all alike to him , all the works of his own hands , all made of the same mould , all redeemed with the same previous blood , all his own images and temples , and shall stand in an equal distance before his tribunal , who will judge all breakers of covenant , whether kings or peasants , according to his own righteous judgment . neither kings nor people have any priviledge or prerogative to break covenant ; and they that do , be they kings or be they people , are justly esteemed rebels to the laws and covenants ; and the injured persons have just cause to right and defend themselves if oppressed by such violation . kings accounting themselves as gods ministers , and vicegerents , and fathers of their countries , ought so to govern in good earnest , and they being placed on their thrones as such by the people , ought to keep laws and covenants punctually with them , and which they cannot break or sham without being perjured , and becoming guilty of tyranny and oppression . no kings nor princes can be so indulgent , nor so really fond and ambitious of their peoples love and welfare as god is of the love of mankind ; like as a father pittieth his children , so the lord pittieth them that fear him , psal . . . testified by his making them a little lower than the angels , and crowning them with glory and honour , and giving them dominion over the works of his hands , and by putting all things under their feet , all sheep and oxen , &c. psal . . and indeed the whole creation , for his own glory and the good and solace of mankind : did he not command moses to carry his people in his bosom , as a nursing father beareth his sucking child ? num. . . can a woman forget her sucking child , that ●he should not have compassion on the son of her womb ? yea they may forget , yet will not i forget them , isa . . . if god hear but ephraim bemoaning himself , how passionately doth he expostulate with himself ? is ephraim my dear son , is he a pleasant child ? for since i spake against him , i do earnestly remember him still ; therefore my bowels are troubled for him ; i will surely have mercy upon him , saith the lord , jer. . . doth god who is lord alone of all the kingdoms of the earth make known his excessive fondness of his people by such bowels of compassion ? how then dare his vicegerents requite evil for good , contrary to gods own commands and practice , and not seek the good and welfare of their people , without having hearts harder than the nether millstone . again , how shall i give thee up o ephraim ? how shall i deliver thee o israel ? my heart is turned within me , my repentings are kindled together , hos . . . tho you will neither turn nor repent , yet how shall i give thee up ? so desirous is he of his peoples repentance , that he beseecheth them till he is weary of repenting , jer. . . even passionately with oaths doth he expostulate with sinners , his great enemies , as i live , saith the lord , i have no pleasure in the death of the wicked , but that the wicked turn from his way and live ; turn ye , turn ye from your evil ways , for why will ye die ? ezek. . . would ye would but consider the price and value of this his fondness , you wovld never harrass his people as you do ; god himself thought it worth the incarnation of his own son , by sending him out of his own bosom : and so the word was made flesh , joh. . . of which god gave abundant and signal testimony , when he smote egypt in their first born , and brought oppressed israel from among them , with a strong hand and stretched out arm , and divided the red sea into parts , and made israel to pass through the midst of it ; but overthrew pharoah and his host in the red sea ; who led his people through the wilderness , and smote great kings , and slew famous kings , sihon king of the amorites , and og king of bashan , and gave their land for an inheritance , even an heritage to israel his servant , and redeemed them from their enemies , psal . . thus hath god done , and thus will god do when he shall stand up in the quarrel of his covenant , and arise to shake terribly the earth : the whole history of the bible is full of such exemplary punishments , and of frequent delivery of his oppressed people . and as god , so ought all his vicegerents to be tender and watchful over all their governed . so moses , whom philo reckons among kings , as doth the scripture , deut. . . and he was king in jesurun ; for tho he had not the name , yet he had the power and authority ; yet even in that power he was no more regal then in his tenderness over the people , which was so great towards them , that at tabera , because he could not do them so much good us he desired , he besought the lord to kill him out of hand , num. . . at another time he was so concerned with the fear of their destruction , that he requested of god , either to forgive them their sin , or to blot him out of the book of life , ex. . . hereby shewing himself , not only the miracle of nature , as philo calls him , but of grace too , in plighting for them that which was more worth than his life , his very salvation . so transcendent is the example of david , who ( besides that he urgeth it in most psalms , the peace of jerusalem , the salvation of israel , the felicity of gods chosen , the blessing of the people ) wrestled with god near the threshing floor of araunah , ( sam. , , ) for his mercy and favour towards his people , that he cries out , it is i , even i that have sinned and done this evil , &c. let thine hand , i pray thee , o lord my god , be on me and my fathers house , but not on thy people , that they should be plagued , chro. . , . consider yet farther , how passionately fond god ( who is jealous even to fury for the good of his people ) hath demonstrated himself for his people , over whom he hath made you his vicegerents . did he not send his own son out of his own bosom , to take on him the form of a servant , and to become obedient unto the shameful death of the cross , both for them and you ? can kings then imagine , that if they oppress them by violent perverting of justice and judgment , or multiply unjust exactions , or chastise them with whips or scorpions , that they shall escape unpunished ? i tell them nay , that except such kings that so tyrannize , do repent , the time will come that they shall bemoan themselves in vain , when their groans shall be as the groans of a deadly wounded man , and their hopes as the giving up of the ghost . was not christ our common purchaser ? did he not take our rags , our sores , our diseases , our pains upon him ? was he not wounded for our transgressions , bruised for our iniquities , that with his stripes we might be healed ? why do you not then imitate him in being nursing fathers , not in name only , but in deed and in truth to the people ? and do not oppress and tyrannize over them , in denying them just rights and liberties , by condemning many more righteous than your selves to inquisitions , goals , gallies , to beg their bread in strange countries ; chastising them with whips and scorpions , and with divers sorts of tortures , as grievous as tearing their flesh with the thorns and briars of the wilderness : consider , i say , well with your selves , and that in very good earnest , ( it being your truest interest , and of everlasting consequence , whilst you are on this side hell and the grave , in which there is no wisdom . ) how contrary do kings , tyrants , act and govern to god almighty , whose precept and practice it always hath been , and still is , to do good for evil , and not evil for good , as all tyrants do . hath he not mitigated the rigour of the law , which was once published with thunder , fire , tempest , and darkness , by removing the curse from it , as it was a killing letter , and ministry of death ? and hath he not published it in the hand of a mediator ? doth he not woo us by his spirit , tho we resist it ? court us by his mercies , tho we abuse them ? threaten us in much mercy by his judgments , to forewarn us to fly from the wrath to come ? doth he not daily cry unto us by his prophets , tho we despise them ? proffers to teach us , tho we stop our ears ? to lead us , tho we pull away our shoulders ? to convert us , tho we harden our hearts ? and millions more inexpressible mercies , showr'd down daily upon his people committed to your care and charge , manifesting his fondness and tenderness over them ; which considered , i cannot but wonder then how his vicegerents have dared to act quite contrary , by returning evil for good , by violent perverting of justice and judgment , and by multiplying unjust exactions on them . have they made their peace with death ? or their agreement with hell ? can they bribe their tormentors ? or can they dwell with devouring fire , or everlasting burnings ? or can they quench the flames of tophet , which is ordained of old ? yea for kings it is prepared ; he hath made it deep and large ; the pile thereof is fire and much wood , and the breath of the lord , like a stream of brimstone , doth kindle it , isa . . . are kings the anointed of the lord , and boast thereof ? so are the people ; 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 , psal . . , . whoso toucheth them , toucheth the apple of his eye , zech. . . the lord taketh pleasure in his people , ( so should all kings ) and he will put a sword into their hands to execute vengeance upon the heathen , and punishment upon the people ; to bind their kings with chains , and their nobles with fetters of iron ; to execute upon them the judgment written ; this honour have all his saints , ps . . , , , . it is piety alone that enobles kings , gives them a mighty character , and establisheth their thrones : therefore kings ought to be like the sun in the firmament , comfortably influencing all their subjects , by governing justly , and living uprightly , having their eyes on the faithful of the land , and on them that excel in virtue , and not suffering those that make kings glad with their wickedness , and princes with their lies , ( hos . . . ) to tarry in their sights ; it being an abomination in kings to work wickedness , for the throne is established by righteousness , if solomon , ( the wisest king that ever did , or ever will sit upon a throne ) can judge , prov. . . so pope leo , ep. . to the emperor theodosius , tune est optimus regni vestri status quando sempiternae & incommutabili trinitati unius dei confessione servitur . then is the state of your kingdom in it its glory , when it serveth and acknowledgeth one eternal god in the immutable trinity . this god hath demonstrated by an iliad of examples , both of old and more puny daies , by punishing kings governing tyrannically , more signally , and especially in nebuchadnezzar , who not conforming to the counsel of daniel , by breaking off his sins by righteousness , and his iniqities by shewing mercy unto the poor , was turned into a very brute , being driven from men to dwell with wild asses , to eat grass with oxen , till seven times had passed over him , his body wet with the dew of heaven , his hairs grown like eagles feathers , and his nails like birds claws , before his understanding returned unto him to bless god , and to acknowledge that the most high ruleth in the kingdom of men , dan. . so averred david , a king after god's own heart ; man that is in honour , and understandeth not , is like the beasts that perish , psalm . . ver . . what this vnderstanding is , is declared , job . . the fear of the lord , that is wisdom ; and to depart from evil , that is understanding . all other wisdom , in respect of this , is but brutish : which made constantine the great to esteem all principalities , not subservient to the laws of heaven , to be far worse than the government of goat-keepers , shepherds , and cow-herds , euseb . orat. in the kingdom of insidels , who have no right knowledge of god , nor of his laws , the supreme law is only the safety of the civil state , and its temporal happiness : but when a gentile state becomes christian , then consequently it becomes also a church ; whereby it loseth nothing which it had before but acquires a new perfection by accrument of divine powers added to the civil ; and consequently a greater duty incumbent on the governors thereof , to seek and procure the welfare and happiness : such kingdoms , so united and so interwoven , are in a more special manner the inheritance and kingdoms of our lord jesus christ , which his father gave him as the purchase of his bitter passion ; ask of me , and i shall give thee the heathen for thine inheritance , and the uttermost parts of the earth for thy possession , psalm . . and christ doth imbrace the glory of this his kingdom , so incorporated , with so much more tenderness and affection , than the pomp and pride of all earthly kingdoms , as that he threatneth those kings , nations and kingdoms , that will not serve him , shall perish and be utterly wasted , isaiah . . speak every man truth in his heart to his neighbour : execute the judgment of truth and peace in your gates : therefore love the truth and peace , zechar. . , . are divine oracles , and shall challenge obedience from every individual ; but more particularly , and especially , they seem to have respect unto those that sit at the helm , that execute the judgment of truth and peace in the gates . it is , no doubt , as great a fault to be silent when one ought to speak , as to speak when one should hold his peace : sins of omission being no less dangerous than sins of commission . i think i do no dis-service to the publick , or transgress the duty of honesty or loyalty , if i endeavour by pen to set the right of government on a sure and right foundation , when i see daily so many false principles , exorbitant powers , and vnaccountableness , attributed to cheif magistrates , as may make very saints to transgress in government , that happily otherwise would not ; and these not written by vulgar pens only , but preached and printed by ministers of the gospel , that they might be delivered with the better grace and greater authority , though not without most palpable wresting of scripture to wrong senses and purposes ; which in ministers of the gospel is the more abominable : but god shall cut off all flattering lips , and tongues that speak proud things , psalm . . there are so many sermons full fraught with such principles , that they who are esteemed the governors of our church cannot be ignorant of them ; yet they , ( whom it most concerns to take notice of true and ▪ false doctrines ) being silent , ( which seems to argue consent ) hath encouraged me to put pen to paper , to assert the truth . it ought not to be imputed as a crime to any , who bring the actions of princes , popes or prelates , to the touch-stone of truth . truth , ( though it begets hatred to the asserters thereof , yet ) like the sun , is a publick good , which neither exempteth princes , popes , private men , no , nor angels , from her laws . i have followed , as near as i can , the beams of that sun , by adhering close to true principles of nature , of reason , and of scripture : if any light i have given hath discovered false glosses , or truth from error , no reason to quarrel either with the truths themselves , or with the assertor of them . truth , seasonably spoken , can hurt no body . if false principles are censured and adjudged by divine by laws of nature and reason , and disapproved by christian religion , be pleased or displeased who will , it matters not , the care is taken ; it being more than human tyranny , to deprive faith and truth of tongue or pen for their defence : where truth maketh no distinction of persons , i dare not ; i only condemn what she doth , without respect had to persons great or small , if they clash with truth , or endeavour to obscure her brightness . to assert truth , is no point of arrogance ; and to search for truth when it is concealed , is the beginning of charity ; and to assert it with constancy when it is apparent , is the consummation of charity ; and to walk in the light thereof , is the beginning and consummation of happiness . for who can be more blessed than he who enjoyeth truth in its excellency , constancy , and immutability ? i am not ignorant , that fear , honour , and reverence are due to magistrates , but more to truth ; for god is truth . nor is it reverence , with base flattery , or ignorant blindness , to hide the publick blemishes and miscarriages of the actions of great men. no , no , it 's downright flattering profaneness , dissembling and betraying the truths of god. it 's much more christian 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. . . 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 . . ) 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. . . . pro. . . pro. . 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. . . pro. . . he that refuseth instruction , despiseth his own soul : but he that heareth reproof , getteth understanding , ver . . 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 . . 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 . . 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. . , , . 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 , chr. . . 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. . . prov. . . isaiah . . . & . . 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 . . therefore it becomes you , that sit upon thrones , to observe and obey the true unquestionable divine lex regia : to you it is commanded , deut. . , , . 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 , . . 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 laws , or prevaricating with false constructions of laws , or by innuendoes , lest thereby the lives and fortunes of your subjects be taken away : and it shall be your wisdom , and your understanding , and all your people will call you blessed ; and it will be your comfort at the end of your days ( a time speedily approaching ) when all crowns , scepters , and royalties must be resigned to god , the judge of all men , when you shall all stand in an equal distance with those you now call vassals , and use rather like beasts than images of god and christians , before his tribunal , when no titles of honour , no eminency of station , no treasures of wealth , no strength of armies or dependencies will accompany any of you into the presence of the lamb , to stand between you and the judgment of the great day : for god is no respecter of persons , and will not be mocked . be wise now therefore , o ye kings , even to day , whilst it is called to day , before the irreversible decree of wrath be gone forth , and esteem that lex regia , all his other laws , statutes , and judgments , more than your necessary food ; and that they may be sweeter to you than the hony and the hony-comb , lay them up in your hearts , and in your souls ; bind them for a sign upon you hands , that they may be as frontlets between your eyes , that you may teach them to your subjects : ( as was commanded to josiah , deut. . . ) speaking of them when you sit in your houses , and when you walk by the way , when you lie down , and when you rise up ; write them upon the door-posts of your houses , and upon your gates , bind them upon your hearts , and tie them about your necks , and make them your continual ornament , that when you go they may lead you , that when you sleep they may keep you , and that when you awake they may talk with you , and teach you to keep sound wisdom and discretion , that in all your ways and conditions they may be your safeguards , your companions and your comfort . be wise now therefore , o ye kings , be instructed ye judges of the earth . let your provident care reach beyond the forecast of the fool in the gospel , even for immortality it self ; make no provision for the flesh , to fulfil the lusts thereof , for there is but one thing only necessary . do not desperately slight and condemn the purity and simplicity of the gospel , but abstain from all appearance of evil , and resist unto blood , striving against sin : be not like those fools that make a mock of sin , and so cursedly cruel to your immortal souls , as to dote on mediocrities of grace , by understanding god otherways then he will be understood , and so delude your own souls , and be forced at last to sing lachrymae , when you shall see the poor despised righteous stand in great boldness in the presence of the lamb , and you your selves thrust out , with a go ye cursed , and then cry , when it is too late , we fools counted their lives madness , and their ends to have been without honour , and now how are they numbred among the children of god , and their lot is among the saints ? wisdom . , , . break no laws , nor covenants made with your people : consider with what terrible solemnity god published his laws and covenants on mount sinai , with thunder and lightning , fire , and tempest , smoak and darkness , with expectation of an exact performance of all his laws ; and tho in much mercy , pity , and compassion to us , he hath since removed the curse from it , as it is a killing letter , and ministry of death , and hath now published it in the hand of a mediator : and consider withal , that he hath so great a detestation and hatred against sin , that it amazed the very soul of christ himself , and made him ( who had more strength then all the angels in heaven , ) to shrink and draw back , and to pray with strong cries and bloody drops against the cup of his fathers wrath , and against the work of his own mercy , and to decline the business of his own coming . now or never be wise o ye kings , and be instructed ye judges of the earth , and consider that what i have written is for the true interest of your immortal souls , and is of everlasting consequence , and that within a few years , you must bid an everlasting farewel to all your kingdoms and glories ; that your winter-houses , and your summer-houses , that your houses of ivory , and your great houses shall be smitten and have an end ; and as you brought nothing with you into the world , so shall you carry nothing out but your own consciences , which will be as a thousand witnesses to testifie against you , and that heaven and hell will divide the whole world ; and when god makes inquisition for blood , he will remember the cry of the poor , psal . . . and revenge the persecutions and blood of his saints , shed either in war or peace : think not more highly of your selves than you ought to think , but think soberly , that at the day of judgment you shall have no more favour than the meanest of your black-guard . humi-repentis est indolis nunquam insanire sine timida apologia , and yet not quite mad , most noble kings , princes , and potentates ; for if you will seriously and christianly consider your own most true and eternal interest , and that unum necessarium , ( which is and ought to be the greatest and deepest concern of all princes , as well as of all peasants ) you will find that i have written the words of truth and soberness , and am so far from doing you wrong , that it will lead you to the true way of happiness both here and hereafter , and to give up our accounts with comfort at the great and dreadful day of accompt . consider how mighty prevalent your examples are to good or evil , more than twenty thousand pulpits : the sins of the vulgar hurt little by infection , but the sins of the mighty are pestilential and poysonous . i have done , only beg your favour , that what i have written , i have written as advisoes and admonitions , not as imputations . hear therefore , o ye kings , and understand , learn ye that be judges of the earth , give ear ye that rule the people , and glory in the multitude of nations ; for power is given you of the lord , and sovereignty from the highest , who shall try your works , and search out your councils ; because , being ministers of his kingdom , you have not judged aright , nor kept the law , nor walked after the council of god. horribly and speedily shall he come upon you , for a sharp judgment shall be to them that be in high places , for mercy will soon pardon the meanest , but mighty men shall be mightily tormented : for he which is lord over all shall fear no mans person , neither shall he stand in awe of any mans greatness : for he hath made the small and great , and careth for all alike ; but a sore trial shall come upon the mighty . unto you therefore , o kings , do i speak , that you may learn wisdom , and not fall away , wisd . chap. . ver . , , , , , , , , . 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 . . 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 . . 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 . . in respect that righteousness and judgment are the habitation of his throne , psalm . . 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 . . 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 , . sam. . . 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 , who carefully defend and govern the church and people of god , imitating david king of israel , psalm . 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. . n o . the true religion of god and honest conversation ( even ) of priests ( themselves ) is our chiefest care , saith justinian , novel . constit . . the search of true religion we find to be the chiefest care of imperial majesty , legum theodos . novel tit . . 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. . 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. . , . 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. . , , , , , . 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. . chron. . . as kings . deut. . 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 , chron. . , . 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 . . 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 , pet. . , . 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 shall be upon the faithful of the land , that they may dwell with me : he that worketh deceit shall not dwell within my house : he that telleth lies shall not tarry in my sight , &c. psal . . , , . in nature it self are found impressions of this ordinance . in heaven , amongst angels are principalities and thrones , eph. . . and michael the archangel , jude . amongst the sphaers , there is a primum mobile , one first moveable commander of all the inferiour orbs with his motion . amongst stars there are greater and lesser lights , ●●●ers amongst the rest , the sun to rule by day , and the moon and stars by night . nay so absolutely necessary is government , that it reaches even to hell. devils themselvet have their principalities , mat. . . not only over other creatures , but respectively among themselves : therefore it is said , the devil and his angels , and belzebub the prince of devils , mat. . . to say nothing of brutes , amongst which yet philosophers have observed a perfect form of regiment and polity , among bees a commonwealth , locusts go out by bands , &c. and see we not plainly , that obedience of creatures unto the law of nature is the stay of the whole world. in man , if nothing else evince it , methinks that awful submission to regiment , which natural conscience suggests to savages sufficiently proves it . as far as that principle is heard of , that there is a king of kings and lord of lords : wherever it is known that there is a god that judgeth the earth , it is known also and received , that there are nominal gods on earth , with reverence , next to the supreme majesty to be adored . but above all , natural conscience , amongst other common notions , hath received the impression of this natural principle ; how else comes it to pass that ( a few extravagant natures and profligated consciences only excepted ) such awful submission is found in all , to men of our own mould ? yet in our apprehension , clad with such venerable majesty , that the guilty scarce behold them without trembling , and the guiltless yield willing reverence to their persons ; so every way god hath pleased to make known his ordinance for government , magistracy , and laws . chap. ii. shews the ultimate and final end of all government : shews the laws of god and nature to be the best guides ; and that covenants made between king and people , are to be kept both by king and people , and the breach thereof alike penal to king and people ; and whoever breaks either laws or covenants , they are rebels to the laws , and that the people are still the lords people . having shewed the absolute necessity of government , it is requisite also to declare the ultimate and final end of all governments , which by confession of all , is primarily and especially the declaration of the infinite wisdom , goodness , and glory of god , propagation of the gospel , and the good of the governed , for whose good all things were created : unto these two all kinds of governments ( how variously soever framed according to the different modes , wisdoms , and understandings of men and nations ) ought to be conformable . let christ be our great exemplar , who denyed himself his own natural will and life , and bestowed himself on us , that we likewise might not seek every man his own , but every man the good of another , imploying our selves on the benefit and service of church and state , and so grow and be built up together in love , which is the consummation and perfecting , as of all saints , so of all governments . for as god ( who is king of kings , and lord of lords , the only monarch of the world , and whose understanding is infinite ) in the government and administration of this inferiour world , designed his own glory , together with the good and salvation of the whole race of mankind ; so he expects submission and perfect obedience unto his laws , statutes , and judgments from all kings , princes , and governours , as his ministers : be wise now therefore , o ye kings , be instructed ye judges of the earth , and serve the lord with fear in all your administrations according to the purport of his laws , and for the ends designed , lest the sad fate of solomon betide you , king. . . because thou hast not kept my covenants , and my statutes which i have commanded thee , i will surely rend thy kingdom from thee , and will give it to thy servant ▪ now without all peradventure the law of nature is the best and most equal law , and most fit to be imitated ; which being strictly observed , nothing can be wanting to any body , and what every one hath is his own for ever : for as those who preside over celestial bodies are blessed ▪ and just minds and spirits , and every one doth most justly govern his own body ; so nature being derived from those superiour just souls , keepeth the most just and equal order in all her actings , which she makes known to all the world. now the nearer all human laws do come to the laws of god and nature , the more certain and the more glorious must their way of living be , who live and are governed by such laws . unto these laws had those ancient law-givers respect , which eterniz'd their names and memories famous to all succeeding ages : above the rest are celebrated the laws of lacedaemon by licurgus ; of athens by solon ; of the locrenses ( a town in italy ) by zalencus ; of the thurii ( a city in greece ) by garondas ; of the getae ( a people of scythia in europe ) by zamolxis a scholar of pythagoras : and divine plato commends the laws of crete ; isocrates of the carthaginians ; but ▪ above all , the roman laws , by the judgment of polybiis do excel . these laws of these law-givers , tho not the self-same but differing one from the other , yet they all tend to one and the same end , the peace , happiness , and welfare of the several nations and people , tho they did not march all in one and the same road and path thereunto . the first law givers had always the laws of nature ( in which there 's nothing unequal to be found ) before their eyes , to imitate and conform to them as near as they could : but when they made judicial laws , as they were not all under one climate , nor suckt the same air , so they had not all the same reason , the same ▪ judgment , which made the difference in their laws ; but yet they all tended to the good and happiness of the people and nations for whom they were made : all right being either from the law of nature ( which is the law of god ) or from custom , or from human laws . the right of nature always stands on its own legs by its self , without the assistance of custom , or of other laws , and always points and leads to happy life and condition , which every man , society , and nation might enjoy , if they would but follow her dictates , and take her for their guide and rule to walk by . but above all laws no laws like to those of the almighty , who is the lord alone of all the kingdoms of the earth , for they had respect not to this life only , but to that of a better , even to eternity , which no other lawgivers had : therefore moses exhorted the israelites , that when they should possess the land whether they were going , that they should keep and do the statutes and judgments as the lord had commanded him , and it should be their wisdom , and their understanding in the sight of the nations which shall hear all those statutes , and say , surely this great nation is a wise and understanding people : and what nation is there so great , that hath statutes and judgments so righteous as all this law , which i set before you this day , deut. . , , , , . having declared the necessity , usefulness , and benefit of government , and the final end thereof , it is now requisite to show the true and efficient cause and right of government , where , and in whom the just right of appointing governours and government is undoubtedly inherent and instated . god , beyond all contradiction , reigns by his own plenipotentiary power , and doth whatsoevor he pleaseth in heaven above , and in earth beneath , and in the waters under the earth ; kings and other governours only precariò , at the good will and pleasure of others ; god by himself , kings by god and the governed ; god by his own jurisdiction , kings by deligated authority from others : the jurisdiction of god is immense , that of kings limited : so the power of god infinite , that of kings not so ; the kingdom of god endless , boundless , that of kings , limited to certain regions , and fading . when god sets kings upon thrones , he sets them there as his substitutes to go in and out before his people , and to do judgment and justice , chron. . . and upon condition , that the governed should still be the lords people , king. . . chron. . . so that god still remains lord , and proprietor of the same people , but sets kings and other magistrates over them , to govern and feed them like good shepherds , not to pill , poll , and fley them ; so all good kings acknowledged , as david , solomon , jehosaphat and others : so nebuchadnezzar , tho an ethnick did acknowledge , dan. . . hence it necessarily follows , that kings are set over a people to nourish and cherish them as god himself , and not to wrong or oppress them : so jehojada made a covenant between the lord , and the king , and the people , that they should be the lords people , and between the king also and the people , king. . . in the inauguration of joae , we read of a holy covenant between god and the king and the people , as it is elsewhere expressed between jorada the chief priest , and all the people and the king , that they should be the people of god. so josiah and all the people made covenant with god , king. . . chr. . , . king. . from which is to be understood , that the high priest in the name of god , covenanted between the lord and the king , and the people , that they should be the lords people ; and between the king also and the people , that god should be truly and purely worshipped by both king and people of judah . and was not the king so to reign , that he should suffer the people to serve god according to the law of god , and the people so to obey the king , that in the first place they were to obey god , and both king and people sworn by solemn sacrament , in the first place to worship god , and keep his laws : matter of fact doth manifest it : and all the people of the land went into the house of baal and brake it down , his altars and his images brake they in pieces , &c. and restored the worship of god ; the sum of the covenant being , that all should worship god , and all should take care that god be worshipped according to his own precepts and prescript ; which if they did perform , god would be with them and bless them , if not , then he would destroy them . so moses before his death rehears●th the conditions of the covenant made with their forefathers , and all the blessings and curses attending the breach or performance thereof , deut. . , . commanding them to take the book of the law and put it in the side of the ark of the covenant of the lord your god , that it may be there for a witness against thee , &c. deut. . , , . after moses was dead , god himself constituted joshua to go in and out before his people on the same conditions , josh . . which if they transgressed they should be delivered into the hands of the canaanites . one and the self-same covenant , which was made between god and the people under the judges , was made under and with the kings . after saul was constituted king , samuel said to the people , fear the lord and serve him in truth with all your heart ; but if you shall still do wickedly , ye shall be consumed both ye and your king , josh . . , . thereby shewing that god expects as strickt performance of his laws from kings as from the people . saul being rejected because he brake covenant , david was constituted king on the same conditions ; and so solomon his son ; which covenant was , that if they and their children kept his commandments , and observed his statutes , they should sit on the throne of israel for ever , if otherwise they should be destroyed , kings ch . . ver . . chron. . . ch . . . hence the book of the law found in the temple in the days of josiah , is called the book of the covenant of the lord , which he commanded his people to deliver to the king , king. . . deut. . . ( which samuel did to saul , sam. . . ) and josiah accordingly did covenant before the lord : so the law which was kept in the ark , is called the covenant of the lord with the children of israel ; who being delivered from the babylonish captivity , renewed their covenantwith god , which they had violated , chron. . . whereby it is manifest , that kings , as vassalls to the law of god , solemnly swear to be obedient thereunto . we make a sure covenant , and write it , and our princes , levites , and priests seal unto it , nehem. . . the breach of which covenant is a like penal to king and people ; which is manifested in saul , who for offering sacrifice , and for sparing agag king of the amalekites was accounted a rebel and punished accordingly , sam. . , . and thereby taught , that kings , if they break the laws , are as truly rebels as subjects , and that obedience is better than sacrifice : thou hast rejected the w●rd of the lord and the lord hath rejected thee from being king over israel , sam. . , . which crime doth not terminate only in the persons of kings so rebelling , but is extensive also to their children . so god did rend the kingdom out of the hand of solomon , and gave ten tribes to his servant jeroboam , because he forsook god and worshipped 〈◊〉 &c. king. . , . he breaking his covenant , god became free and discharged of his promise , and rent his kingdom from him . the same jeroboam erecting tw● calves in dan and bethel became ●in unto the house of jeroboam , even to cut it off , and was first punished by the death of his son , and then destroyed it from off the face of the earth , kings . . and why ? because they kept not god's covenant . the scripture is full of such examples of the kings of israel and judah . as the gospel succeeded the law , so kings christian are in the place and stead of jewish kings , and are under the same covenants , the same pacts and the same punishments , and the same god is the same revenger of all perjuries , and perfidiousness , and covenant-breaking . as the jewish kings were strictly obliged to the observation of the law , so kings christian to the observation and propagation of the gospel , unto which they swear at their inauguration . herod ( who ought to have advanced the kingdom of the lord christ ) fearing christ himself , as a competitor for his kingdom , condemned him to death . behold how soon he miserably perished and lost his kingdom ! how soon was julian the apostate in despight of all his obstinacy and perversness , brought to his scornful exclamation and acknowledgment of vicisti galilae ? histories both sacred and profane , old and new , are full of such fearful examples , which may teach all kings and princes , that though they set themselves , and the rulers take counsel together against the lord , and against his anointed ( which are his people , psalm . . , . ) yet he that sitteth in the heavens shall laugh them to scorn ; and the lord shall have them in derision , and in his due time , shall break them with a rod of iron , and shall dash them in pieces like a potters vessel , and make all their enemies their foot-stools , psal . . & . and they shall confess the lamb christ jesus to be king of kings , and lord of lords ; and that they that be with him , to be the chosen and faithful , rev. . . it is wonderful and ineffable to consider that the great god of heaven and of earth did not create men only a little lower than the angels , and in his own image , and give them also dominion over the fish of the sea , and over the fowl of the air , and over the cattle , and over every living thing that moveth upon the earth , gen. . . but such was his admirable love to mankind , that he hath in some measure given him a share and part with himself in the external and worldly administration and government of themselves , and of the things below , in directing them to a government according to his own pattern displaied in the old and new testament ; and given them laws to govern themselves , and honours , and dignifies them with the title of his own lieutenants , and vice-gerents ; nay , of gods : i have said ye are gods , &c. psalm . , . viz. by me kings reign , and princes decree justice , prov. . , . who , in the days of the prophets and since , hath left them unto their own free choice and discretion , still observing his laws and commands , against which no law can have force . and god himself remembring his covenant , the word which he swore to a thousand generations , became a pattern to all his succeeding vicars and vice-gerents to imitate . when he sent joseph before him into egypt in his due time , to bind princes at his pleasure , and teach his senators wisdom ; when he sent moses his servant , and aaron whom he had chosen to hector proud pharaoh king of egypt , and bring out his people israel with a high hand and stretched out arm , and deliver them out of the iron furnace and egyptian bondage : reproving kings for their sakes , saying , touch not mine anointed , and do my prophets no harm ; when he led them through the wilderness , by spreading a cloud for their covering , and fire to give light in the night ; when he made the red sea a wall unto them on their right hand and on their left , and at the same time overthrew pharaoh and all his hoast in the midst of the same ; so that there remained not so much as one of them : but brought israel forth with gold and with silver , and not one feeble person among their tribes , and gave them the land of the heathen for their inheritance , and uttermost parts of the earth for their possession . of such vast and near consequence and concern was the happiness and welfare of the people of the jews ( though a rebellious generation ) unto god himself , that he used ●his almighty power , and wrought miracle after miracle , rather than not deliver them from the hands of their enemies and cruel bondage . a notable document to all christian kings , who pride themselves and glory in being stiled and esteemed his vice-gerents , to imitate god and his vice-gerent moses in all their governments , in keeping covenants , and being in good earnest nursing-fathers to the governed , and carry them in their bosoms ( as nursing-fathers bear their sucking children ) and not vex them with their wyles , nor yet with any oppressions or tyranny . chap. iii. the true basis and foundation of all governments , and right of legislation , is consent of parties ; who may delegate and devolve the use of their own power on one or more persons , without devesting themselves of the supreme dominion thereof . and that common good is the main end of all governments . kings made by the people . these things thus premised , i lay this for an undeniable truth , as the basis of all true government , viz. that ( paternal government excepted , to which within their own private families nature hath given a supreme power throughout the world , even from the first creation thereof , and have ever been reputed as lawful governors therein ) no man , nor any number of men , can have compleat lawful power or authority over any number of society of men , but by consent of men , or by immediate appointment of god ; which position will justice all subsequent superstructures ; all other governments being unnatural , violent , and usurped , and therefore unlawful : whereby it is manifest that the whole right and power of government is originally in the governed , who may transfer , and vest as much of their own power as they please on one or more governors , without devesting themselves absolutely of the supreme dominion thereof , which still remains virtually in them , they delegating the use only ( not the patronage and dominion ) of their own power , for the better execution , administration , and regulation of those laws which by common consent they should make and chuse for the sake of justice , peace , order , and piety ; common good being the main end for which societies and governments were instituted by god and man , and without they tend unto that end , they are not perfect . and in all such delegations , salus populi , the good of the governed is , and so ought to be the supreme law , and is always so expressed , or imployed , and so to be undertaken and understood . this is so natural an obligation , that it cannot be dispensed with : and for governors to procure the good of commonweals , is but to do their duty : he that is above all , should be best of all , for example prevails more than law ; and there can be no reason for sin , violence , or oppression . princes , councils , love , and hate , must do homage to the law of state : the peoples safety hath no mate . so king james of happy memory in his speech to the parliament . when i have done all that i can for you , i do nothing but that which i am bound to do , and am accountable to god upon the contrary . for i do acknowledge that the special and greatest point of difference that is between a rightful king and an usurping tyrant is in this , that whereas the proud and ambitious tyrant doth think his kingdom and people are only ordained for satisfaction of his desires and unreasonable appetites ; the righteous and just king doth by the contrary acknowledge himself to be ordained for the procuring of the wealth and prosperity of his people , and that his greatest and principle worldly felicity must consist in their prosperity . if you be rich , i cannot be poor : if you be happy , i cannot but be fortunate : and i protest that your welfare shall ever be my greatest care and contentment ; and that i am a servant it is most true : that as i am head and governor of all the people in my dominions , who are my natural vassals and subjects , considering them in numbers and distinct ranks ; so if we will take 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 . for though a king and people be relata , yet there can be no king if he want people and subjects , but there be many people in the world that lack a head ; wherefore i will never be ashamed to confess it my principal honour to be the great servant of the commonwealth , and ever think the prosperity thereof to be my greatest felicity , , . the reason is demonstrable , viz. god , not the king , made the people , and those all equally of one and the self-same mould , but the people make kings ; nature was father to the people , but the people make some of themselves kings , and are the rightful patrons of all their power , honours , priviledges , and prerogatives ; and therefore as god ordained the sabbath for man , and not man for the sabbath , mark . ▪ so 〈◊〉 ordained kings and all other governors and governments for 〈◊〉 and not men for kings . the prospect and foresight of the wise , that to be governed by one mans will might become the cause of all mens misery , prevailed with them 〈…〉 and 〈…〉 laws 〈◊〉 all might see their duties , and 〈…〉 there are that 〈◊〉 with great 〈…〉 truth ▪ that kings receive their 〈…〉 according to prov. . . and not from the 〈…〉 are set , and that they are accountable to non● bu● 〈…〉 on , the just right of all pol●●●●k power , 〈…〉 and of nature , and of reason , is originally in the 〈…〉 use thereof from them may be transferred and deligated unto whom 〈…〉 devesting 〈…〉 their administrator● 〈…〉 them , who deligated it , and to 〈…〉 countable . if such ass●●tor● 〈…〉 old , when god by 〈…〉 the people had 〈…〉 prophets for rules 〈…〉 much more might have 〈…〉 yet even in those days the 〈…〉 far complied with common consent ▪ 〈…〉 change of that government his own wisdom 〈…〉 him and his government 〈…〉 his peculiar people ) only because they ▪ 〈…〉 king over us , maugre all that samuel could 〈…〉 as solomon ▪ was dead , all israel come 〈…〉 king , who refusing to be a servant to the● 〈…〉 for ever , threatning that his little finger should be 〈…〉 would whip them with scorpions , &c. they soon 〈…〉 have we in david ? neither have we inheritance in the 〈…〉 and see to thine house david , king . and then chose ▪ 〈…〉 rehoboam the son of solomon . but such choice being now quite out of doors and 〈…〉 the least pretence of title from such nomination ▪ and therefore 〈…〉 can only be meant the institution of the office , and not the designation 〈…〉 and cannot possibly be understood any other ways , 〈…〉 instituted , hath , together with other government● ▪ th● 〈…〉 and it standeth sure , that all royal power ▪ 〈…〉 in the people , as in the first subject , which they may confer on this or that man with ●●at ●●mitations they please , and on condition , that if conditions be not performed ▪ they 〈…〉 power they intrusted him withal . and therefore no king can have 〈…〉 so just powers ▪ as from the suffrages of the people : all other governments 〈…〉 tyrannies , and continued injuries , of which the people may ease themselves when they have just reason and a neat opportunity so to do ▪ because their just and natural right is wrongfully invaded ; for , that naturally no sort of men have full and lawful power to command whole politick multitudes of men , and therefore utterly without the peoples consent they ought not to be at any man's commandment living . this is plain , and natural reason , and ought to have the stamp of a publick law. laws positive are mutable ; natural not so ▪ and therefore these laws ought to stand unrepealed because they always bind . the kings of israel and jud●● were not so immediately and absolutely from god , as that the people were 〈…〉 excluded from their right and power of electing , and approving , and 〈…〉 of them ▪ that had been to deprive them of that power that god and the 〈…〉 nature had given them to covenant and agree with them before they would admit of them ; that had been to wrong the people , and to bind them up from the use of their reason by covenanting for their own happiness , and against tyranny , in ease they should break laws and covenants solemnly made with them by oath , which cannot be broke without perjury . by me kings reign , was only an index and declaration of god's will and pleasure , which doth not take away or destroy the peoples right or liberty . saul was not king so absolutely and so immediately from god , that it excluded all election of the people , but was afterwards chosen by lot by all the people at mizpeh . and all the people shouted , and said god save the king , sam. . , . and afterwards , behold the king whom ye have chosen , chap. . . did not all the elders of israel capitulate and covenant with david before the lord in hebron , and then , and not till then , anointed him king over israel ? chron. , . all the men of war came with a perfect heart to hebron , to make david king over all israel ; and all the rest also of israel were of one heart to make david king , chap. . . did not all the people of judah take azariah ( who was sixteen years old ) and made him king instead of his father amaziah ? king. . . did not jeroboam and all israel come to sechem to make rehoboam king , &c. as before ? king. . . have not all nations the same undeniable right to capitulate and set kings over them , and bind them by their own laws and tearms , and by solemn oaths ? it is clear , that the jews in their sanhedrim melec , and other parts of their talmud with the writers thereon , that it was the law and custom of their kingdom , that their kings ( of the house of david especially ) were to be judged as well as to judge . have not all our english kings , as well as their subjects , had english bounds by laws ? ( quas vulgus eligerit . ) have not our kings confessed and owned , that we are not bound to serve them but according to our laws ? and our allegiance is not absolute , but bounded and limited by law. nay , the old oaths in saxon , and first in norman times , did respect the kingdom and its common good and profit , to defend the kingdom with the king. sicut conjurati fratres ad defendendum regnum contra alienigenas & contra injurias una oum domino rege , &c. that which is said before concerning the right of government , is as justly and as undeniably applicable to the right of legislation whereby to govern ; which power god uncontrolably hath over all the world. and by the law of nature , whereunto the whole race of mankind is subject , the lawful power of making laws to command and govern whole nations , kingdoms , and politick societies of men , belongeth so properly unto the same intire societies , that for any person , how mighty , and of what degree or kind soever on earth , to exercise the same of himself ; and not either by express commission immediately and personally received from god , ( unto which there can be no possibility of pretence but by impudence ) or else by authority derived by consent , and suffrages of those nations and kingdoms on whom they violently impose laws , it is no better than meer tyranny . just laws therefore they are not , which publick approbation by their own consent hath not made so . for what princes or potentates soever , govern they never so wisely , and with never so good intent and design , with never so good success , yet nevertheless they transgress both divine and human laws if they have not the publick sanction and stamp of the governed for their right of governing them . the will , pleasure , and commands of god , are the only perpetual and immutable rule of justice , to which all men , without exceptions , ought to submit and obey absolutely . the commands of princes ( though his vice-gerents ) are to be obeyed only on conditions , viz. so that they command nothing that is sinful , or contrary to the law of god , or nature , or municipal laws of the country . princes that require such obedience to their commands , do , as much as in them lieth , make their thrones equal to the throne of the almighty , who never hath given , nor never will , his glory to another , isaiah . . the command of pharaoh , to slay the hebrew children , exod. . . was unjust , and god blessed the midwives that refused to obey it . so god blessed daniel and the rest that refused to fall down and worship nebuchadnezar's prodigious idol . so abdias refused to slay the prophets , contrary to the command of jezabel ▪ but on the contrary , hid them from her fury , and nourished them , king. . . so matathias opposed and resisted antiochus commanding sacrifices to be offered to idols . so christ , and after him the apostles , preached the gospel publickly and privately , contrary to all commands of cesars , chief priests , and scribes alledging for their justification , acts . . whose examples the holy marters followed . the authority of all magistrates , be it never so great , is bounded and circumscribed by god himself by piety and charity : and if they trangress those rules , the . of acts . takes place : lest we be found in the company of those mentioned , mich. . . whom god cursed , for that they obeyed the wicked commands of kings . chap. iv. examination of some different opinions . kings , though nominated by god ▪ yet had their confirmation by the people on their own ▪ tearms ; and have a just right to chuse or reject , to limit and bound them . having thus demonstrated the absolute necessity and profitableness of 〈◊〉 the final end and efficient cause , and just right thereof ▪ where ▪ and in whom vested ; wherein i have not used cunningly devised sophismes , or 〈…〉 to the custom of some priests and jesuits ) but plain demonstration of truth according to the law of god , of nature , and of reason : neither 〈◊〉 i singular in th●se positions , and fundamental basis , and right of all just dominion , but have followed herein judicious hooker , that english oracle , and padre paolo that oracle of 〈◊〉 and divers others : and whoever will peruse the collection of the authors 〈◊〉 goldastus , or the avant-proposdes lettres & . embassade de missire , philipe canays 〈◊〉 de fresne , wherein are the names and titles of tracts , wherein you 〈…〉 divers good authors of the judgment , back'd with sound reasons for such 〈…〉 but because nothing can be so advisedly , so carefully , so punctually 〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits i shall 〈◊〉 the liberty to examine the different opinions of some others , and those not 〈…〉 but shall not clog this paper with many names , it 's enough to name 〈…〉 viz. it 's certain that kings have their power from none but god : boldly said ▪ 〈…〉 be justified by any law of god , of nature , or of reason , it is pure 〈…〉 doctrine , and diametrically opposite to those who affirm , that all 〈…〉 laws of god and nature , is immediately in the multitudes , as in its 〈…〉 confer the same on one or more , by the same laws of god and nature : the 〈…〉 give , is , obj. that by natures law no man can give that which he hath 〈…〉 hath just power of his own life and death , or members , therefore much less of 〈…〉 therefore the people cannot establish government , because they have 〈…〉 or death , no not of their own , and therefore cannot confer any such power 〈…〉 who gives life , hath that power , and they to whom he gives it . sol. no more hav● kings without some lawful power conferred on them so to do ; which they cannot 〈◊〉 have immediately from god , and therefore must have it aliunde , viz. from and by consent of others . hence that command , thou shalt not kill , exod. . . wh●s● sheds 〈…〉 by man shall his blood be shed . at the hand of every beast will i require it ▪ 〈…〉 hand of man , at the hand of every man's brother will i require the life of man ; g●n . . 〈…〉 thou shalt not kill , is the general precept of god and nature , and obligeth 〈…〉 private men. and whoso shedeth mans blood , by man shall his blood be shed ; by 〈…〉 is , by the magistrates , whose power is here established for sheding the blood 〈…〉 murderers : as the chaldee expresseth it , saying , with witnesses ▪ by 〈◊〉 of the judges , shall his blood be shed ; which was one of the seven commandments given to the sons of noah , which is confirmed by the more particular laws and judgments established by god himself , numb . . . . the man slayer shall not die , until he stand before the congregation ( not before the king ) in judgment ▪ ver . . and the congregation ( not the king ) shall deliver the slayer out of the hand of the reve●ger of blood ▪ and the congregation ( not the king ) shall restore him to the city of his refuge , &c. by which it manifestly appears , that the avenger of blood , i. e. the magistrate appointed for that purpose was to be governed by the congregation . here not a word for the kings in the case , but much for the governed . in summ , though no particular man , kings , or others , have power to destro●●●●mselves and be guiltless ▪ yet the 〈◊〉 people , the congregation of the governed , by the 〈◊〉 of god and nature , have a just right to make sanguinary laws ( observing god's 〈◊〉 to take away any of their own lives , if transgressors : and kings have no more ▪ 〈◊〉 just right to take away the life of any man , but what is deligated to them by public● con●●●● of the governed , expressed in their laws : if otherwise , i● they will violently 〈◊〉 ●o take away the life of any private man , then resistance may by the law of nature be made by force . two striving together cannot both have just right ; but of necessity , that if he that useth force , do it lawfully , the defence must be unlawful : and where the force is unlawful , the defence must needs be lawful : and vim vi repellere , is always to be understood of that force , which is unjustly used . he that doth violence to the life of a man , by man shall his blood be shed , gen. . . lawful power of life and death , kings cannot now personally and immediately have from god , and therefore must have it from , and by consent of the governed . and what powers kings thus have , the same have all other forms of government : therefore it is easily granted , that men having no such power , cannot transfer any such , and that they that do are but felones de se , and sin as much as they that fall on the points of their own swords ; for that which is not permitted to us to do against our selves , we cannot justly commit to others to do : so that upon the whole matter it is the law that hath the power of life and death , to which both governors and governed are alike subject . and they that live under another government , as most heathens do , do not live , but languish , dwinder , and pine away . when the people of israel were governed by judges about four hundred and fifty years together , there was no king then ▪ yet the laws against murder , &c. were put in execution then ; and why is it not as lawful now , as then , for any form of government ( be it aristocracy , democracy , or any other form whatsoever ) to execute the laws ( not contradicting the laws of god and nature ) made by common consent ? and without all doubt , those kings sit surest on their thrones , and serve god and their subjects best , that so reign , and so govern by consent of the people . so jepthah by consent of the elders of israel , was made their head by covenant : and the lord was chose witness between them , judg. . , , , , . and so is god still witness to this day between kings and their people when they reciprocally swear to conditions : so the elders of the tribe of judah anointed david king over the house of judah , sam. . . which shewed their consent , power and interest , though set over them by god's own appointment . so saul , whom god did chuse , yet he sent him to all the people to have their consent and approbation , which they unanimously testified and declared by their general shooting , and crying god save the king , sam. . . and all the people made saul king before the lord in gilgal , chap. . . whereby it is manifestly apparent that common consent hath the approbation of god himself , the judg of all the earth , and that therewith he is very well pleased . so when the elders of israel came to samuel to ramah , sam. . , . when he was old and not like to live long , and his sons not walking in his ways , and consequently not likely to govern as they ought ; they desired him to make them a king to judg them like all the nations . which thing not only displeased samuel , but even god himself ▪ for that they refused to be governed by god himself , who had delivered them out of the hand of their enemies on every side ; so that they dwelt safely under that government that god had erected and established : and though samuel had told them , that the custom and manner of those kings of nations ( heathens , and who lived without god in the world , whose government they were so fond ▪ off ) was , to take their sons and appoint them for themselves , for their chariots , to be their horse ▪ men , and to run before their chariots : and would appoint them captains over thousands , and over fifties , and will set them to ear their grounds , and to reap their harvest , to make instruments of war , and of his chariots . and would take their daughters to be confectioners , cooks , and bakers : and would take their fields , vineyards , and olive-yards , even the best of them , and give them to their servants : and would take their men servants , and their maid servants , and their goodliest young men , and their asses , and put them to his work : and would take the tenth of their sheep , &c. sam. . contrary to the precepts god had prescribed for kings to govern by , deut. . , , , , , . a government very ill becoming and befitting god's own people and inheritance . but no sooner had they experimented their new fancied governments , but they were as soon weary of it , and then perceived and confessed , that their wickedness was great that they had done in the sight of the lord in asking a king ▪ and besought samuel to pray for them , that they might not dye , for that they added to all their sins the great evil to ask a king , sam. . of such esteem and prevalency is publick consent , with god himself , that he waved his own omnipotent prerogative , to gratifie a rebellious and ungrateful nation , in granting them their desire ▪ a document to all kings to hearken unto the publick desires of their people : and also to consider , that it was a crime and a wickedness in those days to set up kingly government . since the days of the prophets ( which were until john , luke . . ) it is manifest that god hath devolved the right of chusing kings on the people . . by his own precept , deut. . , , , . with instructions whom they shall , and whom they shall not chuse , viz. one from among the brethren shalt thou set king over thee : thou mayest not set a stranger over thee , which is not thy brother ▪ . by the constant practice of the jews under the prophets , and since . and not without this moral reason , that one from among themselves being by their consent and suffrages set king over them , that what authority soever they grant unto kings , they may acknowledge to have had it from the people ; and therefore obliged more readily to imploy all their times , studies , strengths , and endeavours for the good of them , who set them over themselves to take the burden of the government upon their shoulders : and therefore they consent to pay them all honour , allow them great priviledges and prerogatives , and give them munificent tributes and maintainance for the support of them and the governm nt ; and swearing allegiance unto their kings , and the kings swearing unto the people , to keep faith with them in the due performance and execution of the laws already made , and to be made . the reason formerly set down doth warrant this , viz. no man hath or can have any lawful power to govern kingdoms and states , but he must have it either immediately from god himself ( which no man now can possibly pretend unto ) or by consent of the pa●t●●s . the elders of israel being the representative ( sam. . . ) of the whole kingdom , ( for by that name are generally meant centurions , captains , judges , princes of all the tribes ●f israel , &c. ) came to samuel in ramah , desiring a king to 〈◊〉 in and out before 〈◊〉 like the nations ; at whose instance samuel did anoint saul to be their king : neverless , samuel ( that saul might know that he was chosen by the people ) called all the pe●●● together in mizpeh , by their tribes , and by their thousands , where ( as if the farmer election and anointing had been insignificant ) they cast lots , which ●ell upon the tribe of benjamin , and saul the son of kish was taken , and all the people shouted , and said , god save the king , sam. . , &c. all which was done at the peoples instance● and lest the election of the king should be attributed wholly to the chance of lots , all the people , by the advice of samuel ( some few grumbling dissenters excepted , having said , shall saul reign over us ? sam. . . ) went to gilgal and renewed the kingdom there , and made saul king before the lord in gilgal , ver . . . which manifests , that though saul was chosen by god himself , and also by lot , yet was constituted , confirmed , and approved by the suffrages of the people . god indeed ( before ever there was a king in israel ) knowing that they would reject him , and foolishly desire a king like all the nations round about them , prescribed rules and laws whereby they ought to govern , deut. . so david : samuel ( saul being rejected by god from reigning over israel ) by god's command anointed david at ●ethl●m , whom god had chosen king over israel . did david therefore reign , though so chosen by god himself , and anointed by his own command ? no , sure ! he was so far from it , that he avoided the presence of saul , hiding himself from him , and arming himself with the sword of goliah , and armed men , against the evil designs which saul had against him , and fled from him , wandring up and down , and became as it were an exiled and out ▪ lawed person , and was not king till saul was dead , nor then neither , until all the people of judah first chose him king of judah by their suffrages : and seven years after all the tribes of israel , and all the elders of israel came ●o hebron , and made a covenant with him before the lord : and then they anointed david king over israel , sam. . . chron. . . sam. . . besides , if samuel's first anointing of david king , had formerly made him king , then either saul was thereby deposed , or else there were two kings of israel at one time ( which is mon●●ous to conceive ; for , according to their doctrine , kings have no royal power from the people : ) but it is manifest david was not king , for that after his being so anointed , he o●ten called saul , the lord 's anointed ; and that by the inspiration of god's spirit . moreover , he neither challenged , nor executed any royal authority till he was crowned king by all israel at hebron , but was persecuted and hunted as a partridge on the mountains , and that as a rebel to saul ( of which he acquitted himself , when he had the life of saul in his power , and yet would not take it ) which he justly might have done had he been really king ▪ and it had been a crime in him , being king , not to have executed his royal authority , in doing justice and judgment , by cutting off saul a murther●r , who killed the priests of the lord ; especially seeing saul , according to such doctrine , must be but a private murther●r , and david the only lawful king. whereby it is apparent , that not samu●● ▪ s oil , but the consent and suffrages of the people , that made both saul and david kings . whereby it is apparent , that though god appointed david to be their king , yet not so absolute , but that he should be under and subject to agreements with his people ▪ and make a covenant with them on tearms , to which he should be obliged to perform with them , as they with him : and this before the lord ; by which covenant he was obliged to keep within the boundaries which god and the people had set . so david was twice anointed . . by the prophets by god's command in token of his election . . by the instance and suffrages of the people in confirmation of his being constituted king by them , sam. . . & . . so it is true , that by god kings reign , yet so as not without the peoples consent , approbation , and covenants first had , that he may reign over them for their good . besides kings receive not their kingship immediately from god , nor the sword , because the people were first girt with the sword. moreover will any christian say that the kings of nations ( who lived without god in the world ) did rule and reign by gods immediate appointment ? i trow not . the like is observable in constituting solomon king , who , though david 's son , and god chose him to sit upon his fathers throne , and to be a father unto him as he had promised david , . sam. . , , . and though david had promised his people that solomon should succeed him , and sit upon his throne , yet this was not sufficient ; and therefore david assembled all the princes of israel , and the princes of the tribes , and the captains of the companies , and captains over the thousands , and the stewards over all the substance of the possession of the king , and of his sons , with the officers , and with the mighty men , and with all the valiant men which bear any publick office , and as it were the representative of all israel ; and consequently had a share in the government , and in the election , unto jerusalem . this great congregation made solomon the son of david king the second time , and anointed him unto the lord to be chief governour , and zadock to be priest , chron. . . & . , . solomon being dead all israel came to sechem to make rehoboam king , kings . . chron. . . amaziah being slain , uzziah his only son was made king by all the people , chron. . . to what tended that saying of hushai unto absalom , nay , but whom the lord and this people , and all the men of israel chuse , his will i be , and with him will i abide , sam. . . but to demonstrate that that king is rightly and lawfully constituted king whom the people chuse ? and all the men of sechem gathered together , and all the house of millo went and made abimelech king , judg. . . and he that was over the house , and he that was over the city , the elders also , and bringers up of the children , sent to jehu , saying , we are thy servants , and will do all that thou shalt bid us , we will not make any king : do thou that which is good in thine eyes , kings . . and all these men of war , that could keep rank , came with a perfect heart to hebron , to make david king over all israel : and all the rest also of israel were of one heart to make david king , chron. . . several times the making of a king is ascribed and given to the people , viz. wherefore is it recorded , deut. . . when thou shalt say , i will set a king over me , if it were not their right and power to make a king ? and without such power , no law could be imposed on them . not to make a stranger king , and yet to chuse one of their brethren , is certainly a warrant from heaven to chuse , beyond contradiction . all the congregation made jeroboam king over israel , kings . . so they have power both to make and not to make a king over themselves ; and also to limit and bound their kings to what conditions they please , or else to fall from them , as the people of israel did from rehoboam , and chuse another , kings . . nor was saul himself formerly king as soon as samuel had anointed him , nor yet because another spirit was infused in him , no , not until all israel chose him king at mizpeh . jehoash and jehoiada made a covenant between the lord , and the king , and the people , that they should be the lord's people ; and between the king also and the people , chron. . . by all which it appears , that though kings were so constituted and influenced by the prophets from god himself , yet not so absolutely as to exclude common consent , but that they were to be under covenants and agreements with the people , whereunto they were equally , strictly , and reciprocally obliged to performance : and that their just right of admitting governors over them was reserved unto them upon their own tearms and conditions ; even then , and certainly much more now : seeing god doth not now immediately interpose in any such choice , the same right by the law of god and nature is so undeniably in them , that it cannot be denied unto them . and all kings governing otherwise than by the consent of the people , are but intruders , usurpers , and tyrants . and whoever violates those covenants , in a high degree , are undoubtedly rebels to the law ; and whoever commits any unjust force against the law , the defence must necessarily be just and warrantable before god and man. consult prophane histories , and it will be found the power and liberty of the people is asserted and defended , and practised accordingly , even among the heathens : and in all well-governed kingdoms , the children did not succeed their parents , until the people by their magistrates had de novo invested them by the diamond and scepter . in christian kingdoms which to this day reign by succession , the same is evident . the kings of france , spain , &c. are all inaugurated and crowned by the peers , patritians , and magistrates ( representatives of the kingdom ) no otherwise than the emperors of germany are by the princes electors thereof , and the kings of poland by the vayvodes or palatines . neither is their kingly honour owned in the free cities till so crowned , constituted , and confirmed ; neither was the time of their reign computed but from the day of their inauguration ; which manifestly appears in the kingdom of france , and other kingdoms , where the states often preferred a kinsman before a son , a younger son before an elder : which kingdom , by the authority of the people , was translated from one to another without regard had to the right heir . as to the franks , before they came into france , it 's manifest that their petty kings were subject to the ordines populi , as julius caesar testifieth , lib. . c. . f. . de bello gallico . whilst ambiorix & catileucus eburonum rex , ( i e. king of a people inhabiting between the rhyne and the mose , the people of leige or luke beyond brabant ) in a certain oration rehearsing the words , saith , that such is his empire , that the people have not less right against and over him , than he over them . ut non minus in se juris multitudo , quam ipse in multitudinem . the same also appears by the words of vercingentorix arvernorum rex ( a people of france by the river of loyer ) defending his cause in a publick assembly , as it is recorded by the same , caesar lib. . c. . afterwards the franks and the gauls became one , under the name of franco-galli ; who , although they chose their kings first out of the family of merovey , then out of the posterity of charles the great , and after out of the successors of hugh capet , yet from the beginning they so constituted their monarchy , that their kings did not reign only by the right of succession , but were also chosen consensu ordinum regni . and such was the oath of the franco ▪ galli kings , according to aymoinus , lib. . c. . which charles the bald spoke , quia sicut isti venerabiles episcopi , &c. because you venerable bishops have proclaimed me chosen to the government for your safety and profit , know ye that i will preserve the honour and worship of god , and of holy church , and of every one of you according to your ranks and qualities , and according to my knowledge and power will honour and keep safe ; and to every one , both clergy and laiety , preserve and maintain law and justice , that kingly honour and obedience of the people may be preserved and defended , as your fore-fathers did to my predecessors , justly and faithfully . and so the sons of pepin , charles the great , anno . lewis the third , and carloman , anno . bastards to lewis , and no regard had to the institution of lewis's will , who had named endes for regent , and so were both crowned kings . lewis the idle , son or brother to carloman , takes upon him to be king , but not being acknowledged by the states , as they were ready to dispossess him , he died . charles the second , called the gross , emperor of germany , confirmed in the regency by the states , following the example of the bastards , is crowned king , and afterwards was degraded from the empire and the crown . charles the simple , after twenty two years , was forced to renounce his crown , though a lawful king. lewis the fourth , his son , carried into england by his mother , &c. and ralf or raoul , duke of burgundy ▪ called to the crown , though an usurper ; after whose death the said lewis the fourth , called doutremer , is restored to the crown . lewis the pious , though the son of charles the great , yet was elected , anno . in whose will ( extant in naucler ) charles the great besought the people that they would chuse one of his nephews , which they pleased , by the publick council of the kingdom , and commanded his uncles , by the publick decree of his people , to acquiesce . hence carolus calvus , charles the bald , a nephew by lodovicus pius and juditha , confesseth himself chosen king. aymoinus historiogr . . from the merovingiens ( being twenty two kings ) of the merovees , to the garlovingiens by charles martel , major of the palace in name , but king in effect , of which race there have been thirteen kings , then the crown came to the capets . in the choice of pharamond , first king of france , after many harangues pro and con about all kinds of government , at last they resolved on kingly government , as the best sort of government , then the lords , peers , magistrates , and chief captains , as representatives of all the people , chose him king , and was inaugurated or crowned by setting him on a great shield or target and carrying him into the field ; where also both the common soldiers in arms and the people were assembled , who confirmed and approved the choice by their acclamations about the year or . and then they did swear to the king to keep faith and allegiance , to honour , serve , maintain , and defend him against his enemies , but on condition that he be religious , valiant , just , merciful , impartial , diligent , understanding in management of affairs , skilful to resist their enemies , to punish evil doers , and to preserve the good , and to defend the christian faith likewise . this mutual and reciprocal swearing and covenanting , equally obligatory on both sides , was the custom from pharamond to pepin : and afterwards in the race of the carliens , descended of pepin , the french of their own free will chusing their kings , the crown in those days not descending hereditarily . if at any time the crown came to the son , or brother did succeed the father or brother , it was not by any right of inheritance or succession ( to which they could not possibly have any right or pretence by any law of god or nature , that wholly depending on consent of parties to be governed ) but only through the affection which the french did bear to the memory of the good king deceased . after pharamond they chose one daniel a monk , whom they sirnamed chilperick , whom for his debauchery they banished , and chose one gillon or gilles , a roman senator or master of the roman militia , for their king ; who governing as ill as chilperick , they sent and intreated sigibert , king of metz , to take the crown of france , and crowned him . les burguignons and les austrasiens having made peace with the other french , chose clotaire for their king in all the three kingdoms , and afterwards chose childerick king of austrasie ; who delaying to come , they chose one odon . after the decease of dagobert , his son clovis being young , they chose him : after his decease they chose his son clotaire king ; who dying four years after , they chose thyerre his brother , whom they afterwards deposed , and chose childerick in his room . histories are full of the like examples in other kingdoms . afterwards in the posterity of pepin , who having been ten years master of the palace to childerick , a weak prince , set up for himself , and by his power and artifices , by the help of pope zachary his ghostly father , dispensing with the oath of allegiance , which the people had sworn to childerick , the last king of the race of clovis , whom the people caused to be put into a monastery . and after the death of pepin , the french by common consent chose charles and carloman his son for their king , with a charge that they did equally part and share the kingdom between them . at the end of the race of pepin , lewis king of the francs being dead , they being willing to transfer the kingdom to charles king of austrasie ; or , according to others , duke of lorrain : but whilst he deferred his coming , hugh capit took possession of the crown . it is also evident in story that one kings son hath been rejected , and another inthroned . for the french not being pleased with the infancy and weakness of charles , son of loys de begue , about nine or ten years old , chose for their king odon , son of robert saxon , which was killed by the normans in battel ; and that two years after , they being displeased with the government of odon ▪ they discharged him of the government , and set up charles again , who misbehaving himself was imprisoned ; and they put in his place raoul king of bourgongue : by which examples it is apparent the kings of france were elective , not hereditary . but after they obtained hereditary possession of the crown , the custom of the election by the people ( which had lasted long ) being laid aside , the kings were crowned and chosen at rhemes by the peers of france , in the name of the church , of the nobles , and of the people . bernard de gerard. sieur mezeray . jean de serres . in summ , all kings were at first elected and chosen by the people : and though now many succeed by inheritance , as by much the better way , yet that way also is constituted , approved , and confirmed by the people or their representatives . no kings drop out of the clouds , neither do they start out of the earth ; though the people chuse the root , yet do they not so absolutely chuse the stems or branch , but if they do degenerate , they in prudence and justice may make a better choice . the heirs of such roots are not so much born kings as adopted so , not so much kings as fair candidates for crowns . presumptive kings only where succession is not settled by laws made by publick consent . chap. v. some opinions of hobs's machiavil , pulpits , and others , examined . the peoples power asserted in chusing , refusing , and rejecting kings , according as they did or did not observe laws and covenants . covenants equally oblige . if broken by one , the other is thereby set free . vsages and customs of other nations . sad examples of perjury . it is true that machiavil , hobs , the pulpits , and others do inculcate , that kingly power is so founded by god immediately , that there remaineth nothing human in it , and that publick consent is nothing at all requisite , and that kings are responsible to god only : which is the ground of all tyrannical , arbitrary , and unbounden sway. for if kingdoms by common consent can neither set bounds nor conditions , nor judg of them when limited to kings , but must consider them as things meerly divine ( the greatest tye in the world ) above all human laws , consent and comprehension , then all nations are equally slaves , and born to no more liberty than the subjects of rex asinerum , whose wooden shoes and canvas breeches proclaim what a blessedness it is to be born under a meer divine prerogative . but the surest basis of all right government is common consent ; and the most just and honourable end is common good , and not such a divine prerogative as none can understand , nor possible for any mortal to prove . god is not more the author of regal then of democratical , aristocratical , or any other form of government or power ; nor more the author of supreme , than of subordinate powers : subordinate magistrates have their power as much from god as kings have , and as responsible to god only as they , and yet their powers are not beyond human reprimand and determination . laws are not now to be understood to be any special ordinances immediately sent from heaven , as of old by the ministry of angels or prophets : they now can be nothing else amongst christians but the pactions and agreements of such and such politick societies and power ; nay , the very essence of power is so originally inherent in the people ( that they cannot justly , without injury to god and natures law , devest themselves wholly of it , ) and it is nothing else but the might and vertue , which such or such a society of men contains in it self ; and when by such and such laws of common consent and agreement it is derived and deligated into such and such hands ; god confirms that law , and so man is the free , natural , and voluntary author ; the law is the instrument , and god is the establisher of both . all other powers , not derived from common consent of the people , are but sophisticate and adulterate in all princes , and they that imbrace such powers , imbrace a cloud instead of a juno . the fountain or efficient cause of power is most certainly in the governed : and from hence the inferrence is just , that kings , though singulis majores , yet are universis minores ; for if the people be the true efficient cause of power ( as undeniably they are ) its a rule both in nature and politicks quicquid efficit tale est magis tale . hence it 's manifest , that as the governed are the efficient cause , so they , and their happy estate and condition , are the final end of all governments . and it were strange , nay monstrous , that in conferring and deligating their own power and vertue to this or that man , or to these or those persons , to command in chief for order and regulation sake only , should aim at any thing but at their own good and happiness , both in the first and last place . or to express it in another dialect , the publick power and authority of all societies , is above every individual contained in the same societies , of what quality soever , kings or not kings . all imperial and royal dignities are instituted by the commonwealth to preserve it self , and not erected to preserve royal dignity otherwise or farther than it conduces to the honour , safety , and happiness of the commonwealth . and that which is the end , is far more honourable and valuable , both in nature and polity , than that which is the means , which leads us to the transcendent law of salus populi ; to which all imperial and prerogative laws are justly subservient : and were they not conducing to those ends , they were neither necessary nor yet expedient . plea of force or conquest cannot acquit princes of that which is due to the people , who are the authors and ends of all just power , for meer force ought not to alter laws of nature , or frustrate the tenor of laws of god or man ; and if it could , yet there were more reason why the people might justifie force to re-gain their undeniable rights and franchises , than the imperialists might to subvert the same . it being unnatural that any nation , by it's own inherent and natural virtue and prowess , should meerly establish tyranny , and countenance slavery , and to make that which is most excellent subservient to that which is most vile , or to advance one from among themselves to the throne , that they themselves might be brought under axes and harrows . even heathen princes , that have been absolute , have acknowledged themselves subject and servants to the publick , and born for that service , as being well satisfied , populi rem esse non suam . no captain-general hath such unlimited , and uncircumscribed power , but that , if he should turn his cannon upon his soldiers , they were ipso facto absolved of all oaths of allegiance , and bound by a higher duty , both to god and nature , to preserve themselves by resistance and defence : such tacite and implicite trusts and reservations are in all publick governments , though of the most absolute nature ; and there must be these necessary conditions , viz. that the governed be safe , free , and happy . there is in all laws a literal and an equitable sense . no government did ever give power to their kings for their woe , but for their happiness . if by the letter of the law kings mis-improve their power against the equity thereof , then they give liberty to the commanded to refuse obedience to the letter : for the law taking abstract from its original reason , end , and equity becomes a shadow without a substance , a body without a soul ; which distinction , if not allowed , the very end of all laws ( which is to minister impartial justice indifferently to every man , and to give bounds and limits to the exorbitant wills of princes and governors ) will be disappointed , salus populi being the suprema lex . execution of laws according to their equity and reason is the spirit ; that gives life to authority , the letter kills . equity is so naturally implied in all laws , that are not meerly imperial from the analogie , that all bodies politick hold with the natural ; whence all government and governors borrow a proportionable respect , except we deem obedience binds men to cut their own throats or their neighbours . for kingdoms must not be without means to preserve themselves , which always is intrusted in some certain hand with a power to provide in an orderly way for the good and safety of the whole . all the priviledges , prerogatives , and authorities conferred on kings by any people , are but as so many trusts reposed in them to improve for the good and glory of king and kingdom , and not to abuse or use at their own pleasure , what ever the exegency of the kingdom should be . if that were so , all our laws would signifie little ; and therefore if kings govern not according to equity , and the trusts reposed in them , that nation , or it's representatives , may demand an account and redress : for kingdoms by no law of god or nature are to be left without a power and means to preserve themselves . the charter of nature entitles all subjects of all countries to safety and freedom by its supreme law. if kings receive all royalty from the people , and for behoof of the people , and that by a special trust of safety and liberty expresly by the people limited , and by their own concessions and oaths ratified ( as for certain they do ) then emperors and kings cannot be said to have so unlimited and high a property in our lives , liberties , and possessions ; or in any things else appertaining to their crowns , as the governed have in their dignity , or in themselves . the safety of kingdoms is to be valued above any right of any monarch , as the end is to be preferred above the means . it is not just , nor possible for any nation so to enslave it self , to resign its own interest to the will of one or many lords , as that they may destroy or abuse it without injury , and yet to have no right to preserve , or right it self : for since all natural power is in those that obey , they which contract to obey to their own ruine or slavery , or having so contracted , they which esteem such contract before their own preservation , are fellonious to themselves , and rebels to nature . livy lib. . ab . v. c. describing the beginning of the roman kingdom , records , that among those hundred named kings after the death of romulus , who succeeded and governed that people successively , that if they did not please the people , it was ordained by common consent , that the people should chuse their kings , and that the authority of the senate should confirm them . it 's manifest that kings being set up by the people on conditions , which if they perform not , the people being convocated according to their distinct orders and ranks , by the same authority they had to set up kings on tearms and conditions , by the very self-same authority they may curb and dethrone them ; which they made good against proud tarquin their last king. moreover seneca observes out o● cicero de republica , that appeals do lie from the king to the people , ( as in the case of horatius that killed his sister , who by delegates , appointed by tullus hostilius the king , was condemned , yet was afterwards absolved and quitted by the people . ) dionysius testifies the same , that romulus , when he consulted about settling the kingdom , did declare , that the king was the keeper of the laws , yet in the mean time , that the power of creating magistrates , making laws , war , and peace , was still left with the people , as inherent in them . populi suffragia sunto : magistratus creanto : leges sciscunto : pacem bellumque jubento . calv. . which farther appears by the history of collatinus , who first was consul with brutus , that the people ( by which title is understood the plebeian state , which now is called the third state , as among the romans , viz. patritian , equestrian & plebeian ) had the same power against the consuls , although they had the supreme power when there were no dictators . to this livy lib. . ab . v. c. gives testimony . timens the consul fearing to be called to account at the end of his consulship , quitted it : but collatinus the consul , though accused of no crime , yet being of the name and family of the tarquins , was suspected and removed by the people . hence it is easily gathered , that the people would much more use their authority on any consul , if criminally accused , although by the law they were not to be questioned till their time was ended . it 's true , after the decemvirate was constituted ( which was anno . ) no appeal did lie from them to any other magistrates : but when they alternately governed , it was lawful to appeal from the judgment or sentence of one to the judgment and sentence of another . so far unpleasing was an unlimitted power to the romans , that at last the decemvirate was forced to quit their power . it 's true , no appeal lay from the dictatorship , but that power was never erected but in very perillous times , and extreme oppression necessitating , and lasted but a very little while . cal. . semestre scilicet . and ( which is yet more admirable ) if at any time an appeal to the people , from the supreme power of the dictator was brought , he of his own accord consented : as may appear by the transactions between l. papyrius dictator & . fabias , anno ab . v. c. . tho' julius caesar violently obtained his power over the romans , yet would seem and did pretend to have had all his dignities and gifts , according to the ancient custom from the people ; for which usurpation he was afterwards slain . so augustus , no heir of the empire , but adopted by him to be his successor , pretended that he was of right chosen by the consent of the people : neither did tiberius by any other way succeed him : and after him caligula was chosen by the consent both of the senate and the people ; but claudius first obtained the empire and the military power by bribes , but did not govern without the consent of the people . nero having poysoned him , succeeded him , and reigning tyrannically , the senate resumed their power ( which had a long time slept ) condemned him as an enemy to the roman state : by all which it appears , that caesars becoming tyrants , may lawfully be resisted and censured ; and tho their empire seem very large by the lex regia ( made for augustus and confirmed for vespasian , ) yet it was circumscribed and limited ; neither was it approved of without exception , as long as there were places for law and equity . so the athenians , when they changed their democracy into an aristocracy , they set over themselves , first thirty , then ten , who abusing their poower , they soon removed and punished them by the same power by which they created them . the lacedaemonian kings having been wont to be chosen out of the family of the heraclides , which lysander endeavoured to have altered but could not , plutarch : their kings being chosen on terms and conditions , the people appointed certain called ephori , to be a bridle to them . these ephori sometimes deposed , banished and beheaded , till at last cleomenes the tyrant traiterously slew them all . zenophon records of the lacedaemonians , that both the kings and ephori were wont every month mutually to swear to each other ; these in the name of the people , and the king in his own name , that he would govern according to the prescript of their laws , and that they would keep the citizens true to him , if he kept his oath . this was the right , power , and practice of the heathen , of which more hereafter . let us now consider the state of the israelites , the most perfect government in the world , if they would have been contented with it ; for they had god for their only monarch , not only because he was lord of the whole world , but because he chose them to be his peculiar people , in that he gave them laws by moses , and gave them the promised land by jeshua , who governed them by judges ; at which time the government was monarchical , tho by the ministry of the judges ; which if kings would now imitate and govern accordingly , there would be no need of these disputes , as it is now most necessary . tho god appointed david king , yet he was to be chosen by the people , sam. . . so solomon , chron. . . and tho the crown of right did belong to david's family , yet the people did choose which of the family best pleased them , and that by a double obligation , as may appear by the history of joas , king. . . and . for the king and the people by a solemn oath , did promise to god , that they would keep his laws both ecclesiastical and civil . afterwards there was another oath between king and people , at which time there was a right in the people ( i. e. ordinibus populi ) to call him to account , whom they had ordained king if he performed not his duty . which is made out by examples . if it were lawful for david to defend himself from the tyranny of saul , and for the city of libnah ( the city of the priests and inferiour magistrates only ) to withdraw themselves from the obedience of joram ( the sixth successor from david ) because he had forsaken the lord god of his fathers ; which city belonging to the priests , it is very apparent that their case was far different from that of the idumaeans which hapned at the same time , under the same king ; for it is not likely that the edomites withdrew themselves from the subjection of the israelites , that they might serve god whom they never served , but hated him and the israelites , but desired to free themselves from thier subjection . but the priests and inhabitants of libnah , not being able to serve two masters , god and the tyrant , threw of his yoak , that they might the better serve god ; will it not naturally follow , that the states of a kingdom may lawfully defend and free themselves from tyranny ? the fact also of the rulers over hundreds , with the captains , by the advice of joida against athalia , and of the israelites against amasia , king. . . whom they slew , which was not seditiously but lawfully done , for it is no where said that amasius was slain by his servants , ( as it hapned to his father joas , and to ammon the son of manasses ) but by the common consent of jerusalem , and that not treacherously ( the end of most tyrants ) but by publick force , and publick authority ; not tumultuously , but after he had fled to the city lachish , from whence his body was carried to the sepulchers of his fathers ; which is confirmed , for that after his death , we do not read of any inquisition made how he came to be slain , or that any body was punished or called in question for it , either by the people , or his children ( as there was for ammon and joas , king. . . & . . & . . ) but on the contrary , in respect to kingly dignity and his fathers family , they chose azariah his son king. hence we may conclude , that the chief states or ordines of jerusalem had a rightful power to choose a king out of the family of david , whom they pleased , and when elected , him either to eject or punish according as he did or did not observe the laws . so the danes dethroned and imprisoned christiern their tyrant king till he dyed , and chose his uncle in his room . it is not unknown how gustavus erickson freed himself and his subjects from their subjection to the danes , and also how they kept their king captive for male-government , which they translated to his brother . to say nothing of england and scotland , poland keeps its ancient right of choosing their kings on certain terms and conditions , with this salvo , that it may be lawful to be quit of their oath if the king keep not his , as it may appear by their election of henry , brother to the king of france , which agrees with bishop valentine , procurator for the king in that election , who in his oration to the people , publickly made and printed , commended them for that they did limit and circumscribe the power of the king by wise laws . so the venetians , whose general council hath authority of choosing their duke , reserving power to themselves of deposing or punishing them if he endeavour or do any thing tyrannically . so the venetians constitute their duke , not as an idol , but as a prince and monarch , from whom , without any danger of tyranny , all the lawful priviledges and prerogatives of kings do issue and flow . now as their general council have all the authority of choosing him ( observing their ancient rites and customs used therein , ) so the same council retain to themselves the right of deposing , or punishing him if he govern tyrannically ; without which power all the rest would signifie little . so consider that wise and prudent nation of spain . in the fourth council of toledo , cap. . held . according to sigibert's computation , and consisted both of ecclesiasticks , and of the states of that kingdom , it is thus recorded , viz. nullus apud nos sub presumptione regnum arripiat , &c. let no man presume to take upon him the government of this kingdom , no man move or stir up sedition among the citizens , no man design the destruction of the king , but when the king dies , let the princes and peers of the nation , with the priests , constitute the successor in common council ; that whilst unity and concord are preserved amongst us , no discord may arise : but if this admonition do not quiet our minds , and move our hearts to endeavour the common good , then hear our sentence : whoever of us , or of all the people of this nation , shall by any conjuration or study , violate the sacrament of his faith or allegiance , ( which for the state of his country and of the gothick nation , or for the preservation of the welfare of the king he had promised or plighted ) or shall compass the kings death , or divest him of his power , or by any tyrannical presumption , shall attempt or usurp the crown , let him be anathema , accursed in the sight of god the father and his angels , and from the catholick church , which by perjury he hath profaned , and from all the company of christians , with all his associates in iniquity be for ever debarred ; because it must needs be , that the same punishment is due to all the complices and companions in the same crimes ; which we again the second time repeat , quod iterum secundo replicamus dicentes quicunque à modo , &c. and therefore may it please all here present , by your consent , to confirm this sentence the third time , by the universal clergy or people it is pronounced , that whoever shall presume against this our definitive sentence , let him be anathema maranatha , i. e. accursed at the coming of the lord , and that he and his fellows may have their portion with judas iscariot . amen . wherefore we admonish the whole church of god and the people , that no man presume to condemn this dreadful sentence , but that they keep their plighted faith towards our glorious king sisenand , &c. and we humbly require thee our present king , and all future princes , that you be moderate and mild towards your subjects , and that you govern them with justice and piety , and that none of you in your own person give judgment on any captive or guilty person , but that it be done by the publick judgment of the judges appointed thereunto , using both severity and indulgence with great wisdom and moderation ; that whilst a pious temper is used by us all , the king may rejoyce in his people , and the people in their king , and god both in king and people . and concerning our future kings we pronounce this sentence , that if any of them contrary to the reverence of our laws , by regal haughtiness and proud domination shall treat us tyrannically , anathema sit , let him be accursed from christ , and be separate from god , for that he presumed to bring the kingdom into trouble and distress . de smithilane vero , &c. as for king smithilane , who being guilty and sensible of his own hainous enormities and wickednesses , deprived himself of the kingdom and laid down his royal ensigns , and we decreed with the consent of the nation , that neither he , nor his wife , nor his children for his tyrannical government , should never be joined to our society , neither would we at any time promote them to honour or dignities . this is a singular and excellent example , to which we may add a another decree of the sixth synod , toledo , cap. . in which , after the statute of banishing the jews , it is said , that in vain they did ordain good laws , except they did also provide that they should be kept . therefore afterwards if the king , having the reins of government , do violate the observation of his faith promised , let him be anathema maranatha in the sight of god , and made fuel of eternal fire , and whoever else , priest or christian shall comply with him in so doing . by which it is plain what power the states of that kingdom have over their kings if they violate their oath , when by the feudary right ( which comprehends the kingdom ) a vassal or slave owes no service to his master , if excommunicated , but is free from his oath of fidelity , lib. . feud . tit . . § . . v. de jure magstr . p. , , . take here also the ancient form , whereby the kingdom of arragon did oblige their king , not only at his inauguration , but iterated it also in their triennial conventions , in which the king was present , that he might receive his power from them , and they theirs from him ; where after many ceremonies performed and past , between that which is called the justice of arragon ( which represents the person of the supream power , and to which the king by oath is obliged to submit ) and the king himself either to be created , or already created . formula qua hispaniarum reges inaugurantur . nos qui volemos tanto comme vos , y podemos mas que vos elegimos rey : con est as y est as conditiones intra vos y nos , un que manda mas que vos , i. e. we that are as great as you , and can do more than you , choose you king on these and these conditions between you and us , and one can command more than you : by which you may see that that wise and prudent people , do honour their kings as they ought , ibid , . if we consult the empire of germany , what power the princes electors have there , it is manifest to all the world both in choosing the emperor and deposing of him , as it hapned to adolphus anno . and to wencesla●s anno . emperors ; for there was such an oath , whereby their caesars were bound and obliged , as is described in a treatise entituled speculum saxonicum , lib. . § . for when the king is chosen he is obliged by oath to perform faith and homage to the empire , and promise that with all his might he will promote the administration of justice , and punish all injuries , and by all endeavours maintain the rights of the empire . now , that they that had power to chuse them kings , had power also to curb and punish them , is manifest by undisputable reason and matter of fact. ejus est tollere , cujus est ponere . childerick was expulsed , anno . and gilo substituted , who was not of the family of the meroves , and chilperick anno . and theodorick anno . moreover anno . the states neglecting charles the son of lewis balbus , chose euden alias oden , to be king. we read also that hugh capet cheated charles the brother of l●thari●s whilst he neglected the government . in short , if the kingdom of fra●cegalli had no power to choose , then neither pepin nor capet had any right to the crown , there being no want of heir males of merovey when pepin usurped the crown ; nor were wanting sons of charles the great when capet challenged the crown . how great the power of the states ( ordines regni ) of that kingdom in the first constitution thereof was , and how long it continued so , and how the face of that government is now altered and degenerated into tyranny , histories are full ; which no prescription of what date soever , by any law of god , man , nature or reason can justifie , it being contrary to the solemn oaths they take at their inauguration , which justifies all the rest . it was but about anno . that the states of that kingdom cancelled and made void the will of charles the fifth , surnamed the wise : and but anno . when lewis the xi . ( endeavouring to turn that monarchy into tyranny ) was deservedly impeached for male-government ; and therefore the states being assembled at turin they appointed thirty curators ( alias . . ) by whom he should be governed ; but he soon got quit of them , because ( under pretence of the idol claronensis , which he worshipped with great superstition ) he slighted and ridiculed all his oaths and promises , but with so much unsuccessfulness , horrour , and unquietness even to his death , that he sadly experienced which was the better and more happy condition to be loved or feared of his subjects . take the sad example following of perjury : charles vii . whilst yet the dauphin most wickedly caused john the last duke of burgundy , of the stock of the gallick kings to be miserably slain in his presence , contrary to all faith , peace , and friendship plighted unto him a little before , near melo dunum , i. e. melun . this perjury was afterwards expiated by the death of many millions of souls , almost to the subversion of the kingdom ; and charles himself the king reduced to that misery , that he was disinherited of his father , and saw his capital enemy inaugurated by the kingdom at paris , and from thence was rather rex biturigum , i. e. king of a people of aquitane , inhabiting bourge , then king of france : at last was forced to redeem his peace on shameful and dishonourable terms , as may appear in a treatise apud atrabates with the people of the province of artois ; in which ( the king himself treated with duke phillip , son of the said murdered john his subject ) this clause was expressed , to which the king himself did assent , and by his diploma approved of it . which transaction if violated by him , all his subjects , feudataries , &c. both present and to come , shall neither obey nor serve him , but shall rather be subject to obey the duke of burgundy and his successors . such was the issue of the violation of royal faith plighted . and may not all kingdoms expect the just performance of their oaths and stipulations made by their kings at their inaugurations , who are thereby made the keepers and protectors of their laws ? and what better issue can any kings expect that violate their oaths and trusts , though by wiles , and shams , and royal influences only on judges and other officers of their kingdoms , through whose hands the management of laws do pass judges , sheriffs , justices of the peace , constables , privy-counsellors , juries ? &c. in summ , the chief impery is so in kings and other supreme magistrates , that if they transgress the laws and turn tyrants , and will not be governed by just laws , unto which they have sworn , it is the just right of inferior magistrates , and ordines regni to hinder their tyranny , and reduce the government to its pristine state and condition . and in so doing they are so far from being seditious or rebellious , as that they do but their duty to god and their country , as by the above-recited examples appeareth . the truth of which appears by many reasons . . by the law of nature ( on which depends the preservation of all human societies ) of which there can be no doubt . in all pacts and contracts mutually made and consented unto , the same parties by whom the obligation was made , have the same power to dissolve the same as often as just reason shall require . so they that have power to create kings , have power also to curb and censure them . so if the essential conditions of the contract , for which the contract was made , be manifestly violated and broken , the contract ( as between rahab and the spies ) is absolutely void . let those that hold kings accountable to god only , shew if they can , any nation so foolish and unwise , that willingly and wittingly , without force or fear , ever submitted so absolutely to any king or government , that they did not expresly or tacitely provide for their own safety and good , by observance of their own good laws . it a conqueror oblige the conquered by oaths , then according to the civil law , that those that are extorted by force and unjust fear ought not to be accounted lawful . i confess the pulpits preach a contrary doctrine ; but it is not possible that irreligious or unnatural conditions , got by force , unjust fear , fraud , or wicked practices , should be binding or esteemed as lawful , it being a general rule of right and just founded on the common principles of nature , so firm and jure , that nothing that is manifestly adverse and repugnant to the laws of nature , can be held for right and just amongst men. this is generally to be understood of pacts manifestly unjust or irreligious , which no man can justly require , nor any man justly submit unto , though required . such was the reproachful condition required of them of gabesh gilead , by nahash the ammonite , that he might thrust out all their right eyes , sam. . . such and worse was the condition required by antiochus ( the cruel tyrant ) of the citizens of jerusalem , viz. that they should abjure the true religion , macc. . . in such cases where the conditions of temporal estate are only heard , and religion not concerned , it is better to have respect to their oath than to their lives : but when religion is concerned , oaths must be very strictly observed . though all god's covenants and promises are yea and amen , yet are they all tacitely or expresly conditional ; so that if they keep not covenant with god , god will not keep covenant nor promise with them . so , though god did solemnly swear unto the children of israel , that he would bring them into that very good land that floweth with milk and h●●y , yet suffered he none of them to enter but caleb ( who was of another spirit ; ) and joshua ; doubtless yee shall not come into the land , concerning which i swear to make you dwell therein , numb . . . and ye shall know my breach of promise , or altering of my purpose , verse . i the lord have said , i will surely do it unto all this evil congregation that are gathered together against me , verse . and that justly , because they first broke with him , neh●m . . , , . there being always some tacite or explicite condition expressed or implied in all such promises as well as threatnings : therefore as to one and the other god hath given us this general rule , not only with particular persons , but with nations , jer. . , , , . at what instant i shall speak concerning a nation , or concerning a kingdom , to pluck up , and to pull down , and to destory it , if that nation against whom i have pronounced , turn from their evil , i will repent of the evil i thought to do unto them : so when ever i shall speak concerning a nation , and concerning a kingdom , to build and to plant it , if it do evil in my sight , that it obey not my voice , then will i repent of the good wherewith i said i would benefit them , i. e. will not do it . whereupon st. jerom saith , non ergo quod pollicetur deus statim futurum est , sed in eos sua promissa implet qui custodiunt manda●a illius . covenants and promises on conditions are equally obliging : whoever fails , the other is free . it is the same amongst men that are in mutual stipulation and covenant , whoever first breaks covenant , is a rebel to the law , and the other is ●r●e . for which cause god blamed and punished zedekiah ( the last king of the family of david ) for that contrary to his oath he fell from the king of the chaldeans . as i live , saith the lord , surely in the place where the king dwelleth that made him king ; whose oath he despised , and whose covenant he brake , even with him , in the midst of babylon , he shall die , ezek. . . ver . per . and zedekiah , not only by his oath , but by the express command of god , he and his were to be subject to the king of chaldaea ; which circumstances made zedekiah guilty of that defection , and of perjury . i like not that subjects should on every breach of oath withdraw their obedience , and depart from their oath ; neither do i approve of that proverb , fragenti fidem , fides frangatur cidem : but on the contrary , do deem it unlawful to break faith justly plighted ; but i do deny that subjects do violate their faith against tyrants , if they keeping within their own bounds and province , do use their utmost to make tyrants keep their conditions agreed on , and hinder them from breaking of them : for the rule is general , that contracts and covenants ( either plainly expressed , or tacitely to be understood ) are broken and dissolved by him 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. . p. . 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. . that they have power to dispence with the laws at their pleasure , p. . 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. , . 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. . . by me kings reign , p. . that kings may alter religion at their pleasure , according to the old unalterable maxime , qualis rex , talis lex , p. . william clifford 's sermon preached at wakefield , octob. . . 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 st . verse of the th . 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. . c. . ●●●ta . l. . c. . 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 and most properly , it is only in his high court of parliament wherein and wherewith his majesty hath absolutely the supreme power ; and consequently is absolutely supreme head and governor , from whence their is no appeal . and without doubt the parliament may take an account of what is done by his majesty in his inferior courts , and therefore much more of what is done by him without the authority of any court. what more usual than for parliaments to call to an account all other courts of justice , and all officers and ministers under his majesty , even for such things as they shall do against the law , though by his majesty's express command ? and what is this but to take an account of the discharge of his majesty's trust ? the law exempts his majesty from account in no other sense than it exempts him from fault , because he is to do publick affairs of the kingdom by his officers and ministers of state , and not by himself , and they are to give an account of that which the kings doth by them . in which respect sir william thorp , chief justice in edward the third's time , was charged for breaking the kings oath as much as in him lay . the king's authority is above his person , and his personal commands ought not to controul those that proceed from his authority , which resideth in his courts , and his laws , and in his person , acting by the one and according to the other . we are really such admirers and so fond of kingship , and so willing to excuse all his peccadilloes , that we retain it as a maxime , that the king can do no wrong , i. e. he can do nothing but by law , which can do no wrong : and if he do against the law , his personal acts , commands , or writings oblige no more than if they were a childs , and the books call him an infant in law ( though his publick capacity be not in non-age , as the parliament declared in edward vi. ) which is not to exempt him from errors , or excuse his crimes , but to shew that he ought to be guided by his council , and that his own personal grants or commands cannot hurt any more than an infant , which may be reclaimed , or recalled ; not to say corrected by the courts of justice or the council of the kingdom . king james of happy memory in his speech to the parliament at white-hall , march . . told them , that a king governing in a settled kingdom , leaves to be a king and degenerates into a tyrant as soon as he leaves off to rule according to his laws . in which case the king's conscience may speak unto him , as the poor widow said to philip of macedon , either govern according to your law , aut ne rex ●is . therefore all kings that aren●t tyrants or perjured will be glad to bound themselves within the limits of their laws , and they that perswade them the contrary are vipers and pests both against them and the commonwealth . ibid. . i will ever prefer the weal of the whole commonwealth in making of good laws and constitutions to any particular or private ends of mine , thinking ever the wealth and weal of the commonwealth to be my greatest weal and worldly felicity , p. . the arguments brought for kings being appointed by god only , and their power derived from him only , are grounded on some few wrested and misunderstood places of scripture , viz. by me kings reign , and princes decree justice . by me princes rule and nobles , even all the judges of the earth , prov. . , . which are applicable to all other governments as well as regal , and make only for the institution of the kingly office , and nothing at all for the designation or application of the person to the office , or gods immediate nomination or appointment of kings , but for approbation of kingly government , among other governments by judges , or others ; whereby it manifestly appears , that kingly authority hath no more of divine right than any other form of government . and it is manifest to all the world , that god did not of his own free choice primarily erect and establish regal government ( but that of the judges ) as the best form of government , but waved his own prerogative and wisdom , and to gratifie the publick desire of a froward , ungrateful and rebellious people , who were used accordingly by such their choice , and felt the smart thereof accordingly as samuel foretold : so indulgent was god himself to national desires ; which should be a document to kings to comply very readily with the desires of their people in government of their kingdom , as god here did . besides , i must repeat again , that no man can have lawful authority to be king over any nation , but he must have it either immediately from god almighty ( unto which there can be no possibility of pretence ) or from the publick consent of the nation , therefore kings must have their just authority from the people . let scripture it self be judge , all israel made omri ( captain of the host ) king over israel , not zimri ; and his son achab rather than tibni the son of ginath , kings . , , . and the people made solomon king , not adoniah , though he were the elder brother , kings . god by the peoples free suffrages createth such a man king , because by the authoratative choice of the people the person is made of a private man and no king , a publick person and a crowned king , sam. . . the men of israel said to gideon , rule thou over us , both thou and thy son , and thy sons son also . and all the men of sechem made abimelech king , judg. . . so the elders of giliad made jepthah head over them , judg. . , , , . so all the people of judah made azariah king instead of his father amaziah , kings . so in the change of government , when israel not pleased with their government by judges , whom god himself had appointed over them , but would have a king like other nations : wherein god so far waved his prerogative , that he complied with their publick desire , and gratified them therein , though contrary to his own infinite wisdom . and samuel said unto all israel , behold i have hearkned unto your voice , and in all that yee said unto me , and have made a king over you . and all the congregation made a covenant with the king : behold the kings son shall reign , chron ▪ . . god himself by moses gave the people power to chuse themselves a king ; and withal , directions and qualifications whom and how qualified they should chuse : when thou shalt say , i will set a king over me like all the nations round about me , thou shalt in any wise set him king over thee whom the lord thy god shall chuse ; ( i. e. according to his rules , and prescriptions , and dictates , viz. ) one from among thy brethren shalt thou set king over thee , thou maist not set a stranger over thee which is not thy brother , deut. . . consider also those kings whom god most immediately caused to be anointed kings , and it will be manifest that the people even in such choice had their share , their influence , and their power also : as in saul . and all the people went to gilgal , and there they made saul king before the lord in gilgal , sam. . . and several writers are of opinion that saul was not only anointed with oyle first privately by samuel , sam. . . but also at two other times before the people ; once at mizpah , an another time at gilgal . so david though he were anointed of the lord by samuel , yet all the m●n of israel came with a perfect heart to hebron and anointed david king over israel , and made a covenant with him before the lord , chron. . . & . . in summ , many writers of several persuations , from these examples conclude , that the people under god make the king. beside , the want of the publick stamp of the people made zimri ( who had usurped that title and office ) no king , and yet made omri king , kings . . and those whom the rulers of jezreel at samaria , kings . refused to make a king were no kings . this power of the people made athaliah a princess no princess , by their translation of the crown to joah , cron. . there 's now no voice , no immediate oracle from heaven , no samuel , no elisha , no inspired prophets to anoint david , not eliab ; solomon , not adoniah , no particular persons , and therefore no persons can have a just title to crowns but by choice and approbation publick . god hath only ratified the kingly office , and described fit qualifications , viz. men of truth , hating covetousness , &c. exod. . . deut. . , . but doth not now name or appoint particular persons , but hath left it wholly and freely to the people to chuse for themselves , and make their own conditions . it is farther observable , that saul ( after samuel from the lord had anointed him ) remained a private person , and no king , till the people had elected and made him a king. so david though anointed by the same divine authority , yet remained formally a subject and not a king , till israel made him king at hebron : so solomon though by god designed and ordained to be king , yet never was king till the people made him king ▪ kings . what greater demonstration can there possibly be than such scriptural , both precepts and examples as are here set down for justifying of the right of the people in the choice of kings , and not only in the free choice of this or that person to the diadem , or to this or that government , but also in the alteration and granting of succession , and in the change and alteration of the very form of government ? moreover , by god's owning kings to reign by him , prov. . . is no more than god's general owning and constituting all things else , viz. thine is the greatness , and the power ; and the glory , and the victory , and the majesty ; for all that is in heaven and earth , is thine ; thine is the kingdom , o lord , and thou art exalted above all , both riches and honour come of thee ; and thou reignest over all ; and in thine hand is power and might ; and in thine hand it is to make great , and to give strength unto all , chron. . , . this general right and power of the almighty doth not abolish or impeach the natural right of his people in chusing themselves a king on their own tearms , and laws , woful experience having taught them , that to live by one man's will , would be the cause of all mens miseries ; ( the truth whereof we see experienced to this very day , both in the eastern and western empires ; ) which constrained them to devise laws for the regulation of every man 's just right , that no man might by lawless dominion oppress another , but that all should be governed by their own consent , by laws of their own making , respect always being had ( christianly speaking ) to the laws of the almighty . cui plus licet quam par est , plus vult quam licet . a people may be without a king , but there can be no king without a people , and therefore kings not particularly and immediately named by god , must own their establishment and inthronization to the people , and ought to be accountable in some cases to them ; for they that give power are by just reason accounted greater and more honourable than they that receive it , according to that old maxime , quicquid efficit tale est magis tale : and though kings are to be accounted singulis majores , yet are universis minores : for kings are not patrons of their kingly power , but administrators and deputed executioners thereof . now it necessarily follows , that by the same reason kings have their authority from the people ; so to them they are of right to be accountable , for they chuse them , and covenant with them for their own good . if by god kings do reign , by god also the people have right , and liberties to be governed how they please ; for the immediate appointment of kings , by god himself by his prophets , being now ceased , the application of the powers of the governed to this or that person is left wholly to the common consent of themselves . be the right of kings and of the people what it will , from god they both equally derive it . wherever the people create themselves a king , by the same right he is accountable to them ; and it participates as much of divine right for the people to curb and oppose oppressing wicked kings as to make kings , according to the psalm , . to bind their kings with chains , and their nobles with fetters of iron . to execute upon them the judgment written : this honour have all his saints . nay , god 's own people ( on whom he had set his love ) had his own command , that when he had brought them into the land whither they were going to possess , that they should smite them , and utterly destroy them , and shew no mercy unto them , deut. . , . kings are constituted by god and man to go in and out before them for protection and comfort , not for violence and oppression ; and it is by righteousness that the throne is established ; and iniquity will be the ruine of any nation : fury is not in him , isaiah . . and god himself hath given no power to kings , princes , or potentates but what is just and honest ; and hath tied them up , and bound them by laws , viz. he shall not multiply horses to himself , he shall not multiply wives to himself , that his heart turn not away : neither shall be greatly multiply to himself silver and gold . and it shall be when he sitteth upon the throne of his kingdom , that he shall write him a copy of this law in a book : and he shall read therein all the days of his life : that he may learn to fear the lord his god , to keep all the words of this law , and these statutes , to do them : that his heart be not lifted up above his brethren , and that he turn not aside from the commandment to the right hand or to the left : to the end that he may prolong his days in his kingdom , deut. . , . if they so reign , then by me kings reign is well applied ; but if they walk contrary , then they are no more god's vice-gerents , but the devils . for god never gave encouragement to princes to work wickedness , or to oppress , or harrass subjects , but punished them for not governing righteously . the premisses considered will certainly yield this undeniable conclusion , that ( because god hath given the governed power and instruction whom to set kings over them , viz. this man , not that , one from among their brethren : not a stranger which is not their brother , ) therefore the people have a power to chuse this or that man for their king. the reasons are clear ; for that god's law doth not impower an ignis fatuus , a non-ens ; nor can god's law countenance or abet an unlawful power , or an unlawful action , but interdict it . besides , there being now no immediate inspired prophets , as samuel , or elisha , to anoint david , not eliab ; solomon , not adoniah : nor any man by natures law born with a regal diadem on his head , or scepter in his hand ; it must necessarily follow , that kings must have their power from the suffrages and consent of the governed , if they will govern lawfully , and not be usurpers . and it was so from the first institutions of publick government . for when the world began to multiply , and reciprocal injuries , injustices , and oppressions did increase among them , the light of nature and common sense did dictate unto them , that there was no way to prevent and redress all evils of oppression , injustice , &c. incident to the whole race of mankind , but to come to an agreement and composition among themselves , by constituting some kind of publick government , and by submiting themselves thereunto ; and that unto whom they granted power and authority , by them the peace , tranquility , and happy estate of all might be procured . men always knew , that when force and injury was done , they might by the law of nature defend themselves : they likewise knew by the instinct of nature , that howsoever men might seek their own profit and happiness , yet if this were done with injury unto others , it was not to be suffered , but by all men and all good means to be withstood . they knew also by the same light , that no man might in reason take upon him to determine his own right ; and therefore debates and troubles would be endless , except they gave their common consent , all to be ordered by some whom they should agree upon ; without which consent there were no reason that one man should take upon him to be lord or judge over another : and therefore for manifestation of this their right , and peaceable contentment on all sides , the assent of them who were to be governed became absolutely necessary . so judicious hooker , and all prudent authors , writing of government . chap. vii . whole kingdoms to be preferred before kings . deputators to be preferred before deputies . kings are not immediately from god , but from the people , who may limit and bind royal power as they please . the people give only their politick power to kings , reserving their natural power for self-preservation and happiness ; which they cannot resign nor deligate without sin . law acknowledgeth no supremacy nor sovereignty but according to law. covenants have been made with kings both under the law and since , and are equally binding both to king and people . the people cannot absolutely and unaccountably resign their whole power to kings without sin , manifestly thereby breaking covenant first made with god. seeing kings are constituted and appointed by the people , and for the people to preside over them , and manage their own government , and to defend them by going in and out before them to fight their battels , and to see that judgment be impartially and indifferently administred , it naturally and undeniably follows , that whole kingdoms are to be preferred before the kings thereof ; as the good of the whole is to be preferred before the good of any part . mr. john turner in his sermon , september . . though he extends passive obedience and prerogative far beyond their just limits ; yet ingeniously confesseth , that the interest of nations is to be preferred before the interest or welfare of any one man ; and grounds it on the prophecy of caiphas , john . , . that it is expedient that one man should die for the people , and that the whole nation perish not ; which he accounts a sure word of prophecy , that is , the testimony of god himself , that a greater interest of mankind is to be preferred before a lesser , p. , . such force there is in conferring authorities , that they who receive authorities are necessarily to be esteemed inferior to those who give them . potiphar the aegyptian set joseph over all his family . nebuchadnezar set daniel over all the province of babylon , dan. . . darius set one hundred and twenty presidents over his kingdom , and yet did not devest themselves of the dominion of their own power and authority . so the people set kings over them as chief ministers of their government , without devesting themselves of the vertual power and dominion thereof . which title of minister , good kings refuse not to acknowledge , but imbrace : and for some ages among the roman emperors , none , unless manifest tyrants ( such as nero , domitian , caligula ) would be called lords . and therefore holy writ stiles them shepherds to feed them , psalm . , , . captains to defend them ; and go in and out before them , ministers of god for their good , rom. . . nursing-fathers to carry them in their bosoms , as a nursing-father beareth the sucking child , numb . . . isaiah . . a kingdom or commonwealth may be compared to a ship , where the master chuseth the pilot , who is chosen to steer the ship in its right course , that it strike not on the sands , nor against the rocks ; in which imployment , as all the rest , so the master himself obeys and submits to the pilot , who notwithstanding is servant to the ship , and to the masters . so kings are in the place of governing , but the people in the place or right of dominion . besides , a common-wealth , when christian , is the inheritance and anointed of the lord , psalm . . made of the same mould , redeemed with the same precious blood as kings are , act. . . and whose deaths are precious in his sight , and the destruction but of one of them is the violation of god's own image , gen. . . and therefore the death and destruction of a kingdom , considered as a church of an innumerable company of men , is of more concern with the almighty than the death of a king. for kings are not god's inheritance , nor his chosen , nor the sheep of his pasture , nor the redeemed of his son , because kings , but as they are the created images of god in common with all other men their subjects . and all those high and mighty titles , prerogatives and priviledges by which they sit on thrones , are given unto them by men , as men chosen from among themselves ; and if upon just occasion dethroned , then they are but as one of themselves again . moreover , if god gives kings to be a ransom for his church , as pharaoh king of egypt , isaiah . . and slay famous kings , as sihon king of the amorites , and og king of bashan , psalm . , , . if he puts a two-edged sword into the hands of his saints to execute vengeance : to bind their kings in chains , and their nobles with fetters of iron , to execute upon them the judgment written , deut. . , . this honour have all his saints , psalm . , , . if god plead with princes and kings for having the spoil of the poor of his people in their houses , and for beating his people to pieces , and grinding the faces of the poor , isaiah . , . if god make babylon and her king a threshing floor , for the violence done to the inhabitants of sion : and plead the cause of sion , and take vengeance for her : and make babylon a heap , a dwelling-place for dragons , an astonishment and hissing without an inhabitant : and make them roar like lions , and yell like lions whelps , jer. . , , . then christian commonwealth , as his people , are more precious in the sight of the lord than kings because they are kings . besides , kings are but single persons , and kingdoms and the church consists of millions : and certes the lives , welfare and happiness of millions are to be preferred before one , though he should be worth ten thousand of them in respect of outward splendor and pomp : for there is no respect of persons with god , for all god's delight is in saint-ship , not in king-ship . besides , nature prompts unto a necessity of government , but not unto kingly government : for that innumerable people may and do live without a king , but there can be no king without a people . and the very essence of government and governors is preserved safe and intire in aristocracy or democracy in the people , though there should be no kings besides , the people were a people before there was any government ( paternal and domestick excepted , ) and there is a people where there is no king , but there can be no king without a people . take away the people , and dionysius the sicilian tyrant will be but a pitiful pedant . take away the basis of a collossus ( though that of the sun at rhodes ) and the whole fabrick and superstructure must necessarily fall to the ground . if the people do but withdraw and re-call their own powers to its proper center , tarquin will quickly quit rome . besides , how came they to be kings ? were they created of any ●iner dust ? or were they redeemed by a more precious blood than any of the rest of the race of mankind ? dropt they out of the skies ? or sprung they out of the earth like mushromes in a night ? if not so , nor so , how came they by their kingly dignity ? even by the choice and gift of the people , who make choice of one from among themselves to sit like a pilot to steer the government for the good of the governed ; and therefore they contribute all their eyes , ears , hands , feet , nay , their whole bodies and purses , to exalt , enoble , and enable him the better to go in and out before them , to judge uprightly , to plead their causes , and to minister justice indifferently . do kings misbehave themselves ? then may also the people withdraw their eyes , ears , hands , feet , strength , purses , and then kings will be like one of themselves again . seeing therefore kings are made by the people , and for the good of the people , and cannot subsist without the people , and the end is more to be preferred than the means , why should it seem strange to christians , rational men , that kingdoms are to be preferred before , and to be held superior unto kings ? kings are given of god , as gifts , for the preservation , comfort , and good of his people , his chosen , his inheritance , the work of his own hands , and the redeemed of his own blood , to be nursing-fathers to them , and therefore must be of less esteem in the sight of god than those to whom , and for whose good and happiness they are given , since the gift , as the gift is in worth much less than kingdoms , for whose sake kings were given . besides , who by office were obliged to fight the kingdoms battels , by going in and out before them , and to jeopard their lives , for the safety of the people must be inferior to the people . moreover , the royal legislative power is joint and co-ordinate with king and people , and consequently the power also , and so no necessity to fetch a royal power from heaven to be immediately infused in them , seeing the people have such a power in themselves . the people in all well ▪ constituted kingdoms , can and do limit , and bind royal power by law ; and those who can limit , and take away , can give power : and it is ahsurd to conceive that the people can put restraint upon powers immediately derived from god. though kings command , in some sense , the people by their executive power of the laws above them , yet the people have the original and natural power above them , because they make kings : and in god's intention kings are given wholly and intirely for their good ; and if kings do not so execute , they do , as much as in them lieth , make void and frustrate the whole design of their government , instituted and established by god and man , and forfeit their right of governing . the people give to kings a politick power for their own safety , and quiet living , and they keep their natural power to themselves ; of which they cannot devest themselves , and they do not break their covenant nor their laws when they execute natural power for their self ▪ preservation . the people by their original or natural power make kings after kings , as when saul died they made david at hebron , after him solomon , after him rehoboam , and so on . and therefore there is more fountain and natural power of royalty in the people than in david , saul , or any king in the world : for it is not any where read that saul , or any other king , made an other absolute king. those tribunals that make kings must necessarily be above kings : and though there be no tribunals formally above kings , yet there is naturally and virtually a power in the people , in those who have a joint co-ordinate power in the legislative power , and share in the executive part of the laws ( as all officers of kingdoms have ) to erect a tribunal over them . it is false and absurd to conceive that any people have or can lawfully resign their whole liberty into the hands and power of any royal or other government , it being against the law of god and nature so to do . obj. nemo dat quod non habet . for the people have not an absolute power to destroy themselves , or to authorize violence , oppression , injustice , or other acts of tyranny , and therefore cannot resign it to any government : no more have kings , for neither god nor the law of nature hath given any such power to men. and god gives kings as a blessing , ( and happily as the best of governments ; ) but if thereby the state of slavery must uncontrolably be intailed upon them , as it necessarily must be , if they renounce their whole liberty , it 's a curse rather than a blessing ; but they can no more give it away than they can give away their rational nature , and deny themselves to be reasonable creatures ; for it is a power natural , to preserve themselves essentially , adhering to every created being . besides , they cannot resign their whole power ( as priests would have them ) without manifest sin . god having made an express covenant with all the people of israel , that they should be his peculiar people , and he would be their god ; the purport of which covenant was , that all the people should take care , that he should be purely worshipped throughout all the land ; which power they cannot resign to kings unaccountably , and absolutely without manifest breach of covenant , and so sin in breaking covevant with god , and thereby provoking his wrath and indignation , would pull down vengeance upon whole kingdoms . of which more fully hereafter . o! sovereignty is not in the people , no more than a whole kingdom can be one man , sovereignty being the abstract , and sovereign being the concrete . what then ? yet the power of giving sovereign power to this or that man , according to laws , is naturally and radically in the people . obj 〈◊〉 may , car. . the commons having framed a petition of right to be presented to his majesty , and desiring the concurrence of the lords , they made this addition , viz. we present this our humble petition to your majesty , with the care not only of our own ●●berties , but with due regard to leave intire that sovereign power wherewith your majesty is trusted for the protection , safety , and happiness of the people . which tearms of sovereign power were so distasteful and chagreen to the commons , that they would by no means admit of them : alledging for their justification , that they seemed to be another distinct power from the power of the law : they were never used in any parliamentary petition , or magna charta , or in any confirmation thereof . if they should grant it , it would seem to imply a sovereign power above our known and established laws , which are well known to the kingdom , but they know no sovereign power . it was a new thing , and they would by no means have it inserted into the petition . and the statute of magna charta did bind the king and all his sovereign power . upon which ground it was left out . besides , titles of supreme and sovereign are verba solemnia , words of course , titular , and complemental , relating only to their persons , but confers no power : what sovereign power kings have , are given and limited by laws of common consent , and not absolute . what other laws of sovereignty there are , of right belonging to them , nemo sit , is past all understanding . absolute sovereignty in kings hath no warrant by any law of god , or nature ; that belongs to god only , who is lord of all kingdoms of the earth : and therefore there is no sovereign power wherewith majesty is intrusted , either by god or man , but only that which is for the protection , safety , and happiness of the people ; which is the suprema lex : and the cause is very reasonable , for that uncontrolable authority easily degenerates into tyranny . and that sovereign power which is in all governments , is in the legislative power of that government settled by laws of common consent . and king james in his speech to the parliament , march . stigmatizeth power not bounded by laws with the black character of tyranny ; yea , tyranny accompanied with perjury . obj. the people have not power of life and death . what then ? no more have kings , until impowered by laws of common consent ; yet the power of life and death is eminently and virtually in the people , collectively taken , though not formally , yet they have power over their own lives radically and virtually ; for that they may subject themselves to magistracy , and to laws made by common consent , the violation of which may be capital and sanguinary . and kings have no other lawful power over the lives of their subjects , but by laws made by like common consent . that under the law , and since , there have been mutual and reciprocal covenants between king and people , is without all dispute , and beyond all contradiction , sam. . . chron. . . chron. . . kings . . and that they were as equally and reciprocally binding is as true ; else , why should such covenants be made publickly before the people , if kings did not in the covenant tye and oblige themselves to the people ? and why so solemnly to be made before the lord in the house of god , if not intended to be kept ? or might uncontrolably break them at pleasure ? was god to be called upon , and to be a witness to a figment , nay to a cheat ? ab sit ! no ; all the covenants mentioned in holy writ , whether between god and kings , or between kings and people , are mutual . i will be your god , and you shall be my poople , levit. . . the covenant is so strictly mutual , that if the people break the covenant , god is freed from his part of the covenant , zach. . . all covenanters are under a law before men. so if kings break covenant with their people , the people are freed of their obligation to them . if the oath of god be broken , as the covenant between abraham and abimelech , gen. . , . jonathan and david , sam. . . so the spies profess to rahab , in the covenant that they made to her , josh . . . and if thou utter this our business , we will be quit of thine oath , which thou hast made us to swear . the obligation of kings in their oaths and covenants to the governed , floweth from the peculiar obligation national betwixt them and the governed , and bindeth kings as kings ; for that such oaths and covenants are entred into , and taken in relation to government only , and therefore are not taken meerly as men ( as some vainly suppose , but as kings , or as they are to be kings over them , because it is the specifick act of kings , that they are to be obliged unto , to govern the people in righteousness and holiness with their royal power , which is given them by the people for no other end : and they undoubtedly sin before god , if they break their oaths and covenants made with the common-wealth : and to assert otherways , is to suppose kings to be under no law of god , and so consequently make them either above god , or coequal with him ; which is no other than down-right blasphemy . therefore it is undoubtedly true , that kings covenanting with the people , to govern according to the laws of god , and their own municiple laws ; and on that condition receive thrones , crowns , tributes , &c. from them , and are obliged to the people for the just performance of the same : omnis promittens facit alteri , cui promissio facta est jus in promittentem : whoever maketh a promise to another , giveth to that other a right or jurisdiction to challenge the performance of the same promise . but if rehoboam will make his little finger thicker than his fathers loins , and chastise israel , not with whips only , but with scorpions : and will send adoram to gather tribute without the common and free consent of israel , israel will stone such ministers to death , and will rebel , ( as in the text ; ) or fall away ( as in the margin , ) recesset , ( saith st. jerom , ) defecerunt , ( say junius and tremelius ) from the house of david , and will make jeroboam king over all israel , as they justly might , and without the just imputation of rebellion . and though rehoboam did raise men , intending by force of arms to bring the kingdom again to rehoboam the son of solomon , yet god would countenance no such act , and therefore forbade them by shemaiah the man of god , kings . . chron. . . which demonstrates , that if kings keep not covenants with their people , they may withdraw their tribute and obedience , and chuse another king , or another government , and be no rebels . this is not to assert or justifie , that for every act of male government , or a few acts of tyranny or oppression , kings may be dethroned , and devested of their royal power : but upon supposition that the violencies , oppressions , and tyrannies , are of such a nature , as that thereby the whole intention and ends of the covenants and agreements made with the people for the government of themselves , viz. the safety of the people , the laws of god , and of the commonwealth , are thereby endangered to be frustrated ; and that on presumption of such usages and outrages the people would never have conferred their crowns upon them . david held saul for his prince , and acknowledges him to be the lord 's anointed , so long as the people had not recalled their grant of royal dignity , so that no single person ( though six hundred men with him ) may lawfully assassinate any king. all governments are likened to the history of the gordian knot ; which if not so hard tied , but that the people may have some ease , some relaxation ; they ordinarily are willing to endure some reasonable bonds ; but if excessive , they ever have , and i doubt ever will , endeavour to free themselves , though by means indirect . if the people , as god's instruments , crown kings on conditions , that he will rule them according to god's word , then are kings made kings by the people conditionally , and are but adopted fathers , tutors , politick servants , or royal watch men of the commonwealth ; and the royal honour , and royal tributes given to them , are rewards of their labours and kingly hire , and so expressed by paul , rom. . . for this cause pay you tribute also , ( there is their wages ) for they are god's ministers , attending continually upon this very thing . qui non implet conditionem a se promissam , cadit beneficio . the people setting of kings over themselves , is an act warranted by god himself , deut. . . rom. . , . which act , though done without written conditions or oaths ( and only by a vive le roy , or god save the king , ) yet even such choice can never be understood or interpreted an investiture of them with an absolute , but with a conditional power ; for that such a power is against the law of god and nature , a preposterous and absurd power to do good , and yet to work wickedness impune . besides , the common law of mankind allows all donors to interpret and expound their own meaning , why they crowned kings over them , and why they give such large tributes , so great priviledges and prerogatives ; and certainly they will never interpret that they conferred royal power on them to oppress , persecute , and destroy themselves without controul , and leave themselves without a remedy . the covenant made by asa , and all judah , and benjamin , chron. . . that whosoever would not seek the lord god of their fathers , should be put to death , whether small or great , man or woman . which did equally oblige the king , as also the princes , and people to performance : and therefore asa , as in duty bound , removed maacha his mother from being queen , because she had made an idol in a grove ; which asa also cut down , stampt it , and burnt it at the brook kidron , verse . diodorus siculus , lib. . saith , that the kings of persia were under an oath , and that they might not change the laws : and so were the kings of egypt and aethiopia . the kings of sparta , which aristotle calleth just kings , renew their oaths every month. romulus so covenanted with the senate and people . carolus v. austriachus sweareth he shall not change the laws without the consent of the electors , nor make new laws , nor dispose of any thing of great concern belonging to the empire without the publick consent . sam. . . this will be the manner of the king , who shall reign over you ; which place is brought to prove the absolute power of kings , and the unlawfulness of resistance . which words being rightly interpreted , can have no such meaning . it only declares what the manner and custom was , what they would do , not what of right they might do . for god had long before in deuteronomy prescribed them what laws they should govern by : and in this place is only described the tyranny of kings , what they would do , not what they might justly do . and to aver that god hath given power to kings to tyrannize , worry , oppress , and destroy subjects , is blasphemy : for god hath not given , nor can give any moral power to do wickedly ; which is license to sin against his own law , which is inconsistent with his holiness ; and therefore no such power can be from god. and all best expositors declare the law of kings to be described in deut. . and in sam. . is described the usurpation and tyranny of kings . so it only demonstrates their wicked usages or customs , not a law prescribed by god. and it is obvious to common sense , that god by his prophet in this place was not instructing kings in their duty , but by fore-telling the israelites the evil of punishment that they should suffer under tyrannous kings ; thereby terrifying them , if possible , from their wicked purpose of seeking a king , and thereby reject not samuel only , but god himself : and farther menacing and declaring , that in the day when they should cry out , because of their king , that the lord would not hear them , verse . and therefore god did protest against their unlawful course , yet nothing at all would prevail : nay , but we will have a king over us , verse . if samuel in this place did not dehort them from kingly government , how could they be said to refuse to hear the voice of samuel ? in summ , all god's covenants are yea and amen , and so ought his vice-gerents to be : and for priests to pulpit it , that if they do break their covenants , yet they are accountable to none but god ; what is this less than like false prophets to create subtilties , and coin evasions , to rob kingdoms of their laws , liberties , and religion , and to seduce and betray kings to the pit of hell , even to tophet it-self ? a very trick , to tempt kings to break covenants , and perjure themselves . chap. viii . judges-not less essentially judges and the immediate vicars of god than kings : what powers and prerogatives kings have , they have them from the people . the peoples prerogatives : they are to be governed by laws of their own making ; quas vulgus eligerit . judges are not less essentially judges , and the immediate vicars of god , than kings . they who judge in the room of god , and exercise the judgment of god , are as essentially judges and the deputies of god , as kings . inferior judges appointed by king jehosaphat , were commanded by him to take heed what they , did for yee judg not for man , but for the lord , chron. . . by which it appears , that they were deputies in the place of the lord , and not the kings deputies , in the formal and official acts of judging , and so owned by the king himself . if they were not , then kings might command his judges as his servants to give what judgment they pleased , but kings ought not to guide or limit the consciences of inferior judges , because the judgment is not the kings , but the lords ; the reason is demonstrable ; for that kings have no authority to command any other to do that as king , for the doing whereof he hath no power from god himself . moses appointed judges , but not as his deputies , to judge and give sentence as subordinate to moses ; for the judgment , saith he , is the lords , not mine , deut. . . and their directions to guide them in judgment is from god himself by moses , viz. ye shall not respect persons in judgment , &c. yet the judges may quodam sensu be termed deputies of the kings , because they have their external call from them . if kings are to be obeyed because they are powers from god , so are inferior magistrates also , for they also are powers ordained of god. by me kings reign , and princes decree justice . by me princes rule , and nobles , even all the judges of the earth , prov. . , . by which it is apparent , that the power of judges , nobles , princes , &c. ( all officers of the kingdom , not of the king ) is as really and truly from god as that of kings , and differs not in nature from that of kings , but secundum magis & minus only , both being powers ordained of god , and to resist either , is to resist the ordinance of god , both being minister of god for the good of the governed ; both obliged so to govern , that the governed , for whose good they are equally intrusted , may lead a quiet and peaceable life , in all godliness and honesty , tim. . . and to judge righteously between every man and his neighbour , and not to respect persons in judgment , but to hear the small as well as the great , and not to be afraid of the face of men : and the judgment administred by all is gods , chron. . . deut. . , . isaiah . . and god owneth inferior judges as a congregation of gods , psalm . a senate of kings not so stiled any where . yet all are equally called gods , john . . and that rightly ; for as kings are god's deputies by the mediation of the people , so inferior judges are god's deputies also by the mediation of kings and of the people : and we find that judges were some time chosen by the people . so jepthah was made judge , then jepthah went with the elders of gilead , and the people made him head and captain over them , judg. . . but that god gave power of tyrannizing to kings so as they cannot be resisted , or called to an account , which he gave not to judges , cannot be made out by any scripture . what scripture doth warrant that the people might rise up in arms to defend themselves against moses , gideon , ely , samuel , and other judges , should they have oppressed or tyrannized over the people ? or , that it is not lawful to resist the most tyrannical kings of israel , judah , and yet lawful to resist oppressing and tyrannical judges ? but certainly god almighty that made the whole creation not only for his own glory , but also for the good and happiness of the whole race of mankind , would never give any power to kingly , or any other form of government , to oppress and tyrannize over the governed uncontrolably and unaccountably , whose blood is always precious in his sight , and in whom is all his delight . it is monstrous so to conceive , and derogatory to the very mercy , justice , and purity of god , that he should create the whole world for the comfort and solace of mankind in general , without respect of persons , and yet at the same time subject them to kings to be used as slaves , or ( which is as bad ) not to be resisted , or not to be accountable to any human power , if they at any time should tyrannize . certainly such opiniators and preachers of such doctrines do as much as in them lies to frustrate and defeat the whole design of the creation , which was designed for the benefit , joy , and delight of the whole race of mankind in general , and by this doctrine it shall be at the pleasure of every pettish haughty prince to make every principality , every kingdom an aceldama , a golgetha , an iron furnace , an egyptian slavery , what not ? which god the great and wise creator abhors , and manifested his wrath and indignation against it , by pouring his severe and manifold judgments upon that very nation , which pleaded , nay , hectored for his prerogative so long with god himself , till he overwhelmed him and all his hoast , with his prerogatives , in the red sea. obj. abstracta concretis sunt puriora & perfectioria . the powers that kings have , they have it from the people , who make them kings , and they having no absolute power over themselves , cannot contribute any such power to kings . the powers that the people have are only natural , and legal , and political , viz. to make and submit to such laws as may preserve themselves in peace , and godliness , and from unjust violence , and oppression , by the conduct and management of good rulers . now , absolute power , above a law , is a power to do ill , and to destroy nations ; which no people have , it being against nature , that any should have a power by the law of nature ( which is the law of god ) to destroy themselves . therefore though the people should invest kings with all the power that they have , yet if kings tyrannize over the people to their hurt and destruction , they usurp a power which the people never gave them , it not being in their power to give them ; the power it self being against the law of nature , and consequently against the law of god ; for that all acts of tyranny are oppression , and sinful injustice , and therefore cannot be from god. dum contra officium facit , magistratus non est magistratus , quippe à quo non injuria sed jus nasci debet ; and consequently they who resist the tyrannous acts of kings , do not resist the ordinance of god. what were it less than blasphemously to charge god with prevaricating with his people , if in authorizing kings to preserve them , should give them liberty without all politick restraint to destroy them ? which is contrary to god's end in the fifth commandment , that one man , a king , should have absolute power to destroy millions of souls and bodies uncontrolably . if the kings of israel and judah were under censures and rebukes of the prophets , and sinned against god and the people in rejecting such rebukes , and in persecuting the prophets , and were under and liable to all the laws of god , as all other people , though their subjects , were , then is their power not above any law , nor absolute . that these matters of fact are true , sit liber judex . samuel rebuked saul ; nathan , david ; elias , achab. jeremiah is sent to prophecy against the kings of judah , jer. . . and the prophets practised it , jer. . . ahab could not take naboths vineyard against his will , without the formality of law , and without the help of men of belial to boot ; for which violence offered to law and justice , in the place where dogs licked the blood of naboth , ( shed by shamming of laws by innuendoes and false constructions of laws ) the dogs did lick the blood of ahab , and did eat that cursed woman jezabel , by the wall of jezrael , and her carkass became as dung upon the face of the field . a document to all kings and princes for giving any countenance to violence , or oppression , or to shamming any laws by any irresistable or prevalent influences ; and the inferior judges ought not to accept the persons of any in judgment , whether small or great , for the judgment is the lords , and their office as much of divine right as that of the kings ; then certainly we may justly conclude , that kingly power is neither above law , nor yet absolute ; for kings , who swear to govern according to law , it is contrary to common sense , nay , impossible they should have an illimited or absolute power , either from god , or the people ; for foedus conditionatum , or promissio conditionalis mutua , facit jus alteri in alterum , it 's not to be thought that kings can at one and the same time , and in the same breath , justly swear to govern according to law , and at the same time interpretatively and secondarily swear to govern absolutely and without law. if the governed in senates , parliaments , and dyets , may call in question the acts , previledges , charters , and commissions of kings granted to any persons , and null and vacate them , circumscribe and dock any of their prerogatives , may increase or diminish his revenue and state , may call into question any of his friends , counsellors , or ministers of state , and punish or remove them : if the governed may appeal from kings to senates , dyets , or parliaments , and may not appeal from them to kings , all which may and have been done , as the publick monuments of laws do testifie , who of sound judgment can deny the power of the people in dyets , senates , and parliaments , to be above that of kings ? if in an interregnum , senates , dyets , and parliaments have power , and ( which is plain by histories , without regard had to right of inheritance ) have created kings , whom they pleased , and altered successions . in summ , if dyets , senates , parliaments , are the supreme council of nations , constituted by the people , indued with power from them to this very thing , that they may consult in common of the weighty matters of kingdoms and common good , and kings therefore created that they should see executed what they did advise and agree upon , quis nisi mentis inops , can deny , upon such plain evidence and demonstration , that the people in parliaments , dyets , and senates , are not only co-ordinate , and have a share in the government , but are also in some sense and some places , superior to them , for that they can do more than kings . kings have their prerogatives : true , and very fit they should have . so have all other governments , be their prerogatives what they will ( power of the militia , making war and peace , calling of councils , dyets , synods , senates , parliaments , nominating judges , and other publick officers of kingdoms , &c. ) they are all derived from the people , and transferred for their own good , and so always expressed , or implied . if they make ill use of the militia , it 's a breach of trust , and no obligation of obedience and submission is due ; if they make ill leagues , the people not bound to confirm , or assist ; if they call dyets and parliaments , it is not for their peculiar interests , but for the good of the whole ; and nothing done therein can be of force , unless the free assent of the convocated be first had : which demonstrates it is the office and duty of kings to call those great councils as oft as the people see cause and desire it , and to continue them till they have the benefit designed . and though the royal assent be desired , it is but for the honour of the business : for what concerns common good , safety , and liberty , they ought to pass by virtue of their oaths and office. non negabimus , non differimus cuique jus aut justitiam . chartae artic. c. . will not kings deny justice , and may they deny just laws ? not to private persons , and yet to the representatives of nations ? not in the inferior courts , and yet in the supreme ? they are created and elected kings that they should do justice to all indifferently . bracton l. . c. . ad hoc creatus & electus est ut justitiam faciat universis per eas nimirum leges quas vulgus elegerit . hence in archivis . h. . rot. parl. n o. . non est ulla regis prerogativa quae ex justitia & aequitate quicquam derogat . kings have no prerogative , which derogate from justice and equity . and when kings have refused to make or confirm magnas chartas good laws , they have been compelled by force of arms , and such laws accounted as good and valid by the best lawyers ; the reason given is , that they of right and of their own accord ought to have assented unto that which they were forced to do . all courts of judicatory are authorized and confirmed by parliament , in which it is lawful for the meanest of subjects to implead kings ; in which courts judgment is often given against kings , which though endeavoured to be contradicted or countermanded by kings , yet the judges by the laws of god and man , and by their oaths , are obliged to refuse their mandamus's , and to give right judgment , for the judgment is the lords . kings can justly imprison no man , nor punish any man , nor seize their goods or estate without citation out of courts where the judges , not kings have all the power . so bracton l. , c. . 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. . hen. iv. n o. . 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. . . & . 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. . . 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. . , . 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 . . , , , , , . 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. . 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 . . , . 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. . . 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 . . when the children of ruben , and the children of gad , and the half tribe of manasseh had built an altar by jordan , verse . which , when the children of israel gathered themselves together at shiloh , to go up to war against them ; for that in so doing they had rebelled against the lord , and rebelled against them ( for having thereby violated the covenant which they all made with god ) in building an altar besides the altar of the lord their god , verse . not for worshipping ( as they truly professed ) but for memorial ; so fearful they were of god's wrath , that they presently dispatched an embassy by phineahs , and with him ten princes , of each chief house a prince throughout all the tribes of israel , to their brethren , to expostulate the matter , and to prevent their sin . and see how pithily they dealt with them . is the iniquity of peor too little for us , from which ye are not cleansed to this day , but that yee also must depart from following the lord , verse . and it will be , seeing yee rebel to day against the lord , that to morrow he will be wrath with the whole congregation of israel , verse . therefore rebel not against the lord ; nor rebel against us in building you an altar besides the altar of the lord your god , verse . did not achan the son of zerah commit a trespass in the accursed thing , and wrath fell on all the congregation of israel ? and that man perished not alone in his iniquity , verse . but they returning answer by the ambassadors , that they built it not to turn from following the lord , nor for burnt offerings , nor for sacrifice , but for memorial only , and for a witness between us and you , and our generation after us , that we might do service to the lord , &c. verse , . then phineahs , and the princes of the congregation , and heads of the thousands of israel which were with him , said to the children of reuben , &c. this day we perceive that the lord is among us , because ye have not committed this trespass against the lord , but have delivered the children of israel out of the hand of the lord , verse , . these practises are sufficient warrant and authority to all nations , and degrees of christian men , to maintain and defend the true christian religion in it's purity against all opposers ; for as the covenant was made with all , so all are obliged to stand to it : & qui non vetat peccare quum possit , jubet . what sins of others we labour not within our province to prevent , are ours in the guilt as well as those of our own personal commission . besides , this fact of the children of reuben and the rest , had it not had that just excuse , it had been rebellion as well against their brethren as against god , and is so declared , verse . rebel not against the lord , nor rebel against us , and would have provoked god's wrath , and pulled his judgments on the whole land ; in which common calamity the just and innocent must have suffered , and been involved , as well as the unjust offenders ; and therefore by the natural law of self preservation , they justly might endeavour to prevent the judgments and curses threatned by their own strength and endeavours ; for which reason also all nations are obliged , and have just warrant by the law of god and nature , to prevent both by councel and force , as far as in them lies , and they sin if they do not . the law warrants it . thou shalt rebuke thy neighbour plainly , and not suffer him to sin , levit. . . the gospel countenances the same . communicate not with other mens sins , tim. . . this covenant was first made between god and the people . afterwards when kings were set over the people , the very same covenant was renewed and confirmed . at the installation or inauguration of the king , there was a twofold covenant made ; first between god , the king , and the people , or between the high priest ( god's substitute ) the people and the king , ( the people being preferred to the first place , chron. . ) the end and design of which was , that the people should be the lords people , chron. . . kings . . and the king went up into the house of the lord , and all the men of judah , and all the inhabitants of jerusalem with him , and the priests , and the prophets , and all the people both small and great : and he read in their ears all the words of the book of the covenant , which was found in the house of the lord. and the king stood by the pillar , and made a covenant before the lord , to walk after the lord , and to keep his commandments , and his testimonies , and his statutes , with all their heart , and with all their soul , to perform the words of this covenant that were written in this book : and all the people stood to the covenant , kings . , . most certainly god never ordained this covenanting between king and people in vain . if the people had no power nor authority in promising and performing , covenanting and reciprocal swearing had been meer superfluous and vain appointments . and for certain god never created nor ordained any thing in vain . most probably , nay , most certainly , the covenant was made inter king , priest , and people , for the more certain performance thereof , that if either the one or the other did the work of the lord negligently , or violate the covenant , the other might force obedience and performance , and be a check to each other : the priest to teach them the law. if the people transgressed , the king to use his authority : if the king , the people to use their utmost , and all , to prefer the good and benefit of the whole before any private interest whatsoever . both king and israel plighted their troths together , not separately . if two are joyned in covenant of such a nature as cannot be broken by the one , but the other must necessarily and unavoidably be damnified and endangered by such breach , the injured party may in common justice , and by the law of nature , defend and right himself . if israel forsake god and worship idols , the king may punish . if kings sin after the same manner , israel may reform by the same law. thou shalt make no covenant with them , nor with their gods ; they shall not dwell in the land , lest they make thee sin against me , exod. . . but yee shall destroy their altars , break their images , cut down their groves , &c. exod. . . of the self-same nature is the covenant here treated of . god in his infinite wisdom thought it best not to commit the care and oversight of his covenant , and of his church and people , to the will and pleasure of one single person , but as both king and people are all the anointed of the lord , and equally concerned in the keeping or violation thereof ; and consequently , in the blessings and cursings denounced on mount gerazim and mount ebal , so his charge was equally incumbent both on king and people , that it being equally every man's concern , so it is every man's duty and care , both joyntly and severally , that it be kept inviolably , and he will require performance accordingly at their hands . saul being constituted king over israel , samuel being priest and prophet 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 , sam. . , , . 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 , chron. . , . deut. . . & . . 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 . 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 ; . king. . , , . 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 . . 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 , king. . 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 ? sam. . would god ( think you ) revenge the sins of the king upon the people if innocent ? far be it from the judge of all the earth to stay the righteous with the wicked , gen. . . or take vengeance on the people for the sins of the king ; the soul that sinneth it shall die , ezek. . . every man shall be put to death for his own sin , deut. , . was it not rather because the people did not resist , or restrain , but assisted saul their king , violating the law of god , and wickedly persecuting the man after gods own heart , and killing the priests of the lord. saul desiring to inlarge thē borders of the tribe of judah at his entrance into canaan , broke publick faith with the gibeonites , and destroyed many of them ( the children of israel having sworn unto them ) by which he broke the third commandment , god being witness to his covenant with the gibeonites : he broke also the sixth commandment , and so the breach of both tables god himself would revenge ; the breach of which covenant and oath was justly laid to saul and his family . now saul being dead , and david constituted king , sam. . , . god sent a famine in the days of david three years , year after year upon the whole land ; and david inquired of the lord , and the lord answered , it was for saul and his bloody house , because he slew the gibeonites , which famine ceased not till david delivered seven sons of saul to the gibeonites , whom they hanged in gibeah of saul unto the lord , v. . . but was the famine over all the land for sauls fault only ? no , both king and people were both punished , the one for breaking covenant , the other for not resisting , and not hindring the king , or as being accessary to do this evil. how came it to pass that god never punisheth the sins of the king upon the people , nor the sins of the people upon the king , and yet he sent a famine on the whole land , saul the chief actor being dead , ( and consequently actio moritur cum persona ; ) but because the people suffered so manifest a sin to be committed by their sinful connivance , and used no endeavours to resist or hinder him as they ought ▪ can punishment by any right be inflicted on any for a crime whereof they are not guilty ? alieni secleris quenquam poenas pati jura non sinunt , kings . . wherein did the israelites sin , if not by tolerating saul to do as he did , when they ought and might have hindred him ? when menasseh had polluted the temple of the lord , and shed innocent blood , which the lord would not pardon , kings . . why did the lord threaten not only menasseh , but his people with judgments ; but because they being under the same covenants with manasseh , they would not restrain the king from persisting in his wickedness , but did connive , countenance and assist him in his impieties , chron. . . herod and pilate condemned christ , the priests delivered him to death ; yet the curse fell upon the whole nation ; and why ? because the people might have delivered him as well as they did barrabas , and did not , but impricated curses upon themselves and their children . it is the duty of all nations to take care not only that criminals be punished , but that no crimes be committed ; which made hezekiah pull down the brazen serpent , though set up by moses , ( when it came to be abused : ) kings . . it being the duty of the people by common consent to hinder kings as much as in them lies , from violating the law of god , and from injuring his church and saints ; and if they do not , they are guilty of the same crime , and liable to the same punishment . resist they may , by opposing words to words , force to force , stratagem to stratagem , ( always avoiding perfidiousness , which is always disallowed and hateful to god and man. ) for in war it matters not whether it be managed by open force or secret stratagems . by people is not meant the many ▪ headed-monster-multitude , but by the universal people is to be understood those who have any share in the government , or any authority from the people conferred upon them by any laws made by publick consent , as inferior magistrates either chosen by the people , or any other way constituted to take care of publick peace , and concerns of the laws of the land , and worship of god in their several qualifications , be they tribunes of the people , ephori , praefects , praetors , judges , justices of the peace , constables , captains of thousands , captains of hundreds , captains of fifties , or other inferior officers or magistrates , which are as consorts of the empire , and are in the vacancy of the publick sanhedrims , dyets , parliaments , &c. as it were the epitome of every kingdom , and ephori of kings , and conservators of the publick peace thereof , to and among whom all the publick concerns of a nation are referred , of which sort in a manner were the seventy elders in the kingdom of israel , among which there was a chief priest , which did judge de arduis regni , which were not to be hobby-horsed in and out by the high priest , according as they would or would not serve a sinister turn ; and they were chosen out of the seventy families which went down into egypt , the elders of which were first chosen and made heads over the people , rulers of thousands , rulers of hundreds , rulers of tens , and the hard causes they brought unto moses , exod. . . we read often in scripture of all israel , of all judah , and benjamin &c. when in all probability every individual did not at all times meet , of which sort and kind there is in all well constituted kingdoms several congregations of the kingdoms , officers of the kingdom , as the privy council , peers , patricians , judges , sessions , assizes , lord lieutenants , deputy lieutenants , mayors , bayliff's of towns and cities , as the ordinary councils and officers of a kingdom ; and as councils extraordinary chosen out of them all to consider de arduis regni , which are officers of the kingdom , and called by several names in several kingdoms , as dyets , parliaments , &c. which provide that no detriment come to either church or state , in which tho' every individual be inferior to the king , yet the joynt body , being the representative of the whole kingdom , is superior , and to be preferred before him . for as the council of basil and constance decreed , that a general council was superior to the pope , and the chapter to the bishop ; for that they which receive any authority from any company of men , must needs be inferior to that company , though he be personally superior to every individual of that society . so without all doubt , israel which petitioned for , and chose saul from among themselves to be their king , as a publick actor for the common good of them all , was superior to saul . when we attribute any power to the people , it is to be understood of the officers , princes , elders , parliaments , dyets , that have a share in the government and in the legislative power . take athaliah chron. . for an example , in which act the kingdom was not opposed , but 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 . . . 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 . . . 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 . . 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 . , , , . 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 . chron. . chron. . 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 , chron. . 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 . kin. . . chron. . for example , libnah revolted from jehoram , because he had forsaken the lord god of his fathers , chron. . . 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 , macc. . , . saying , we will not hearken to the kings word to go from our religion , either to the right hand or to the left , verse . 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 , macc. . 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. . . 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 . . ) 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. . de benef. c. , . 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 against their kingdom and their laws , as the people are against them and the laws when they transgress . do subjects obey the commands of their princes , which they may lawfully command , and which they of right ought to obey , without intrenching on god's commands ? do they pay them tribute , sute , and service , not contrary to god's laws , as they ought ? so to obey cesar is just , lawful , and praise-worthy . but to obey cesar's , exceeding their just bounds , commanding without warrant of law , affecting , and designing a greater impery without the consent of the governed ; or , if they invade or violate the laws of god , perverting the right worship of god , ( who is above all kings and governments ) it is unjust ; and to assist cesar's in such cases is unlawful , and they that do , make themselves partakers of other men's crimes . anno domini . pope boniface viii . challenged some regalia which belonged unto phillip the fair , king of france , whereupon philip sharply reproved the pope by his letter , even in those days when the pope was accounted the vicar of christ on earth , and head of the universal church , according to communis error , juris loco erat . notwithstanding , the sorban answered , that both king and kingdom might safely withdraw themselves from their obedience to the pope without any guilt of schism , because not separation , but the cause , made schism ; and that they did not oppose the vicar of christ , but a wicked man , guilty of many crimes . sieur de mezerai : annales franciae archivae camerae ratiociniorum lutet . l. barbar . ph. de senat. if the cause be just , the separation is from the high priest or bishop , not from the church . or more properly from boniface , not from the high priest . unless such distinctions and discriminations are allowed for true and authentick , how can the souls of whole kingdoms be distinguished and separated from the church ? if kings invade the rights of god almighty , and oppress his people ( who are the temple of god ) with servitude , denying their rights , priviledges , and liberties which god hath given them , and for which christ died , we may much more use the same distinction , and in opposition to such kings , or rather tyrants , we may justly say , that not the king , but the tyranny , is opposed . anno . benedict xiii . did grieviously oppress the gallican church with tributes and exactions ; whence a convocation of the french clergy being called by charles vi. they decreed , that the king and kingdom ought not to obey benedict , as being an heretick and schismatick , and unworthy of any honour ; which the states of the kingdom allowed , and the parliament of paris approved by their arrest . annales car. . monstreletus . moreover , they whom benedict did excommunicate as enemies of the church , they judged them forthwith absolved of such excommunications ; and that thereby they were not excluded or deprived of any benefit or priviledge of the church . ibid. the like we read to have been done as at other times in france , so in other kingdoms . which evidently shews , that if kings , and princes , or states , do tyrannize , or extend their power beyond it's just bounds , subjects may without any just imputation of delinquency or rebellion withhold their tributes , withdraw themselves from their obedience , or resist their tyranny : it being one thing to resist an evil pope , another thing to resist the church ; one thing to resist a king , another thing to resist a kingdom or tyranny . we read , that edom revolted from under the hand of judah , and made a king over themselves : and libnah revolted from jehoram , kings . , . yet after the true worship of god was restored , we find libnah numbred among the subjects of ezekiah , chap. . . if this distinction be of force when the pope ( who arrogantly assumes to himself superiority over kings and princes , invades their rights , or the rights of the church , is it not much more just , if princes , i might say vassals , invade the rights and regalia of the great god of heaven and of earth ? it stands therefore sure , that princes commanding unlawful things , or forbidding holy things , or introducing a false or idolatrous worship , the people , or rather parliaments , dyets , senates , the several officers , or inferior magistrates , having a share in the government , and intrusted with the common concerns of the kingdom by the people , both may and ought to hinder or resist unlawful commands . all , or at least the governing magistrates of kingdoms and cities , as first impowered by god , and then constituted by princes by authority derived from the people , ought to promote in their several stations and provinces , first the glory of god , and of holy church , and then the good and welfare of kingdoms , cities , and free states ; and if they do not , it is in them crimen laesae magistatis , and they become participes criminis by such their sinful connivence . let us now consider what bishop bilson , bishop of winchester , as learned and as honest a bishop , and as sound a divine as ever sate on that see , and who hath written a most learned treatise of the difference between christian subjection and unchristian rebellion , in the days of queen elizabeth . the romans did not love the name of king , and the commonwealth of venice , millan , florence and genoa , are of the same mind : many states have governors for life , and for years , and yet a sovereignty still remaining in the people or senate , or in the prelates and nobles , that elect , or assist the magistrate ; who hath his jurisdiction allotted and prefixt unto him , and may be resisted and recalled from any tyrannous excess by the general and publick consent of the whole state. in germany the emperor himself hath his bounds appointed him , which he may not pass by the laws of the empire ; and the princes , dukes , and cities , that are under him , have power to use and govern the sword as god's ministers in their own charges . and though for the maintenance of the empire they be subject to such orders as shall be decreed in the convent of all their states ; and according to that direction are to furnish the emperor with men and mony for his necessary wars and defences : yet if he touch their policies , infringe their liberties , or violate the specialties , which he by oath and order of the empire is bound to keep , they may lawfully resist him , and by force reduce him to the ancient government ; or else repel him as a tyrant , and set another in his place , by the right and freedom of their country . bilson's subjection , p. . zuinglius saith , that if the empire of rome , or any other sovereign should oppress the truth , and they negligently suffer the same , they shall be charged with contempt no less than the oppressors themselves . zuingl . lib. . epist . zuing. & occol . f. . and elsewhere , when kings rule unfaithfully , and otherwise than the rule of the gospel prescribeth , they may with god be deposed ; as when they punish not wicked persons , but especially when they advance the ungodly and idle priests , such may be deprived of their dignity , as saul was . art. . expl. f. . so god by jeremy threatned to destroy the men of judah and jerusalem , for that they suffered their king manasseh to be unpunished , king. . . jer. . and yet the people of israel had no declared sovereignty over their kings , but only a tacite and implied sovereignty by the laws of god and nature . so when saul would have put jonathan his son to death , the people would not suffer him so to do , but delivered jonathan that he died not , sam. . when david purposed the reducing of the ark , his speech to the people was , if it please you , we will send to the rest of our brethren , that they may assemble themselves unto us : and all the congregation said , that they would do so ; for the thing was right in the eyes of all the people , chron. . after solomon's death , all the congregation of israel said to rehoboam , kings . make thy fathers yoak which he put upon us lighter , and we will serve thee : because it lay in their choice to subject or free from the kings power . the people likewise took jeremy when he had prophesied against them , and said , thou shalt die the death , jer. . and afterwards reversed their sentence , upon jeremy's declaring , that the words he spoke were commanded from god. bilson , . the duke of saxony and the lantzgrave answered the emperor , forasmuch as cesar intendeth to destroy the true religion , and our ancient liberties , he giveth us cause enough why we may with good conscience resist him , as both by profane and sacred histories may be proved . the ministers of magdeburgh delcare , how the inferior may defend themselves against the superior , compelling him to do against the truth and rule of christ's laws . the german lawyers made evident demonstration , that the free states by the laws of the empire might defend their liberties against cesar , to whom they were subject with that condition ; so may any other nation , if their magistrates infringe their laws and liberties . in the troubles of germany anno dom. . when the duke of saxony and the lantzgrave were prescribed or out-lawed , they remonstrated , that if the emperor had kept his covenants , they would have done their duties , but because he began first to make the breach , the fault is his . for since he attempts to root out religion , and subvert our liberties , he giveth us cause enough to resist him with good conscience ; matters standing as they do , we may resist , as may be shewed both by sacred and prophane stories . unjust violence is not god's ordinance , neither are we bound to him by any other reason , than if he keep the conditions on which he was created emperor . sleid. . p. , . so the magistrates and ministers of magdeburgh declared , that if our religion and liberties , left us by our fore-fathers , be preserved , we refuse no kind of duty that ought to be yielded unto cesar or the empire . now , by the laws themselves it is provided , that the inferior magistrates shall not infringe the right of the superior ; and so likewise if the magistrate exceed the limits of his power , and command that which is wicked , we need not only not obey him , but if he offer force we may resist him . lib. . p. . anno . if a prince should go about to subject his kingdom to a foreign realm , or change the form of a commonwealth from impery to tyranny , or neglect the laws established by common consent of prince and people , to execute his own pleasure . in these and other cases which might be named , if the nobles and commons join together to defend their ancient and accustomed liberties , regiment , and laws , they may not well be accounted rebels , ( modestly expressed ) bils . . the people may preserve the foundation , freedom and form of their common-wealth which they fore prized when they first consented to have a king , the law of god giveth no man leave to resist his prince . but kingdoms and commonwealths may proportion their states as they think best by their publick laws , which afterwards the princes themselves may not violate . by superior powers ordained by god , we understand not only princes , but all politick states and regiments , some where the people , some where the nobles having the same interest to the sword that princes have in their kingdoms , and in kingdoms where princes beat rule . by the sword , we do not mean the prince's private will against his laws , but his precepts derived from his laws , and agreeing with his laws : which though it be wicked , yet may it not be resisted of any subject with armed violence . many when princes offer their subjects not justice but force , and despise all laws to practice their lusts , not every , nor any private man may take the sword to redress the prince ; but if the laws of the land appoint the nobles , as next to the king , to assist him in doing right , and withhold him from doing wrong , then be they licensed by man's law , and so not prohibited by god to interpose themselves for the safeguard of equity and innocency , and by all lawful and needful means to procure the prince to be reformed . , . bishop bedel , a reverend worthy divine , in his answer to mr. wad●sworth to satisfie him , quo jure , the protestant wars in france and holland are justified , saith , that the law of nature doth not only allow , but inforce every living thing to defend it self from violence . then the law of nations permitteth those that are in the protection of others , to whom they owe no more than an honourable acknowledgment , in case they go about to make themselves absolute sovereigns , and usurp their liberty , to stand for the same . and if a lawful prince , which is not yet lord of his subjects lives and goods , shall attempt to despoil them of the same , under colour of reducing them to his own religion , after all humble remonstrances , they may stand upon their own guard , and being assailed , may repel force with force , as did the maccabees under antiochus . in which case , notwithstanding the person of the prince himself , ought always to be sacred and inviolable , as was saul to david . and lastly , if the inraged minister of a lawful prince will abuse his authority against the fundamental laws of the country , it is no rebellion to defend themselves , reserving still their obedience to their sovereign inviolate . i mention these two bishops only , as being above all exceptions , against whom no just objection can be made , either for learning , piety , loyalty , or right church of england men. which considerations i presume kept them from being burnt in july , . which act surprized not a few sober loyal men ; because , if the learned men of all the reformed church of europe be consulted , they will be found asserters of the like principles . alas ! to sacrifice so many worthy , learned , pious mens judgments to fire and fagot unheard , unrefuted , as it is not for their honour , so it is no more convincing , nor confuting , than that doctors argument , who would confute bellarmine in three words , viz. bellarmine thou l. chap. xi . kings not lawless , but bounded by laws , and are accountable to those who intrusted them with their own power . oaths and covenants between king and people are equally binding : reciprocal duties between parents and children , masters and servants , king and people . the power of the people is by the law of nature ; that of kings is from the people , and fiduciary . as the sword of the spirit is the word of god , so the sword of the magistrate is the law of god and of man. obedience is a holy thing when yielded to just commands ; but void and sinful when referred to unjust ; and then natural defence succeeds in its room . no mean between a saint and a bruit . law , by the judgment of the wisest heathen , is both lord and kings of men. vujust force may lawfully be resisted by force . what hath been hitherto written , is diametrically opposite to that pulpit leviathan doctrine of quod libet licet ; and that kings are obliged to no laws , nor accountable to any but to god. so julia , the mother-in-law to antoninus basianus caracalla the emperor , her son-in-law , most impudently , si libet , licet , nescis te imperatorem esse , & leges dare non accipere ? dost thou now know that thy will is a law , and that it is thy right to give , not to accept , laws from any ? and he acted accordingly . if this be good doctrine , that jure regio they are absolved of all laws , and though they violate all human constitutions , yet are guiltless , or unaccountable to any but to god alone ; certainly then there never was a tyrant , nor ever can be , if they had been so capacitated by any law of god or nature ( as some most impudently have printed ) god would never have prescribed them laws , nor have punished them for breach of them . what is this less than to render mankind ( made a little lower than the angels , and after the similitude of god himself ) to be governed no better than bruits ? can it ever be supposed , that god would ever subject his own similitude , the race of mankind ( for whom he hath done such great things ) to be harrassed , pilld , poled , governed tyrannically , without any hope of redress till the day of judgment ? or , that any people should be so void of counsel and sense , as voluntarily to subject themselves and their posterity to such abominable slavery , and to make kings to govern , and laws to be governed by , and both sworn to the observation of them in the presence of god almighty , and yet to esteem kings not obliged by those sacred ties to keep them . the basis and establishment of god's own throne ▪ are righteousness and judgment : and mercy and truth go before his face , psalm . . & . . and if they , who call themselves god's lieutenants or vice-gerents , govern by violence and oppression ( as they all do that govern , not by an immediate appointment of god , or by common consent of the governed : ) a fire shall go before them and burn them up as enemies to god and man , psalm . . and whoever acquires a power over any people , whether by dint of sword , or by cunning craft , or by consent of parties , and useth it to the detriment and not for the good of the people , are not to be esteemed as rightful kings , but as enemies and tyrants . be it so , say the pulpiteers , but by what law shall they be punished or reproved ? even by them , and by the same right and law that they themselves are ; there 's no exceptions . and no law of god or nature ever prescribed impunity for oppression and tyranny , and wickedness over men : he that ruleth over men must be just , ruling in the fear of god. so spake the rock of israel unto david himself , a king , sam. . . it 's righteousness that establisheth the throne : and it 's an abomination for kings to work wickedness . so king solomon , prov. . . when solomon eccl. . . . prescribes to keep the kings commandment , and that in regard of the oath of god , and not to stand in an evil thing : for he doth whatsoever pleaseth him , and where the word of a king is , there is power : and who may say unto him , what dost thou ? all these are ever to be understood of things lawful to be commanded , and ▪ of things lawful to be done ; otherwise this undoubted truth is to be observed , viz. we ought to obey god rather than man , acts . . besides , solomon's counsel here was to single and particular men , not to assemblies , and dyets , and senates , and parliaments , and great councils , who have a share in making laws , and consequently co-ordinate in the government . though all writs , processes of law , executions , and edicts , pass under the title of one single person for the sake of order , yet he that sendeth out writs is to be obedient to those very writs , and to those laws , as well as they to whom they are sent . besides , what generation of christians in the world so void of reason as to swear fealty and allegiance to kings , except they again reciprocally swear to observe the laws divine , and of their country . so the rubenites , and the gadites , and the half tribe of manasseh promised obedience to joshua , but as they did to moses , on condition that god be with him , as he was with moses , jos . . . if they can shew a patent from heaven , as moses and joshua had , by an immediate call , and god's promise to be with them as he was with moses and joshua , never to fail them , nor forsake them , then may we all lay our hands on our mouths , and proceed no farther , job . . and yet if they had the like patents , yet from such patents , no authority could be drawn to oppress or tyrannize over any people ; but if not so , nor so , why should not christians ( in whose inward parts god hath put wisdom ; and who hath given understanding to their hearts ) who make kings from among themselves , and take oaths of them for performance of agreements , maintain and defend their own just rights and liberties : god never broke his covenants , but punished the people that brake theirs ; and why should his vicegerents break their covenants , and yet be thought guiltless , or unquestionable ? the jews who were the most stif-neckt , most rebellious , and most ungrateful nation under the cope of heaven , and provoked god to the uttermost ( as if they did it purposely to non ▪ plus and pose his very mercy ; ) and they provoked moses also ( the man of god , and the meekest man upon earth ) beyond all his patience ; so that he cast the very tables of the testimony ( the work of god , and the writing of god , graven upon the tables ) out of his hands , and brake them beneath the mount , exod. . , , , . yet was he so far from oppressing or tyrannizing over them , that he wrastled with god almighty with strong and importunate prayers for their good : why doth thy wrath wax hot against this people ? nay , so importunate was he for their pardon , that though god had promised to make of him a great nation , though he should destroy them , yet he besought god so earnestly , that if he would not forgive their sin , that he would blot him out of the be●k of life . if magistrates now adays had the like zeal for the good of the bodies and souls of their people , how happy would kings , how happy would the people be ? when the israelites by reason of the ill government of samuels sons , desired a king like all the nations , god ( whom by such desires they had rejected , yet ) told them the manner and custom of those kings , ( heathens you may be sure , who knew not god nor his righteous judgments , ) sam. . , , . was very arbitrary governing by an army , that they may go in and out before them , and fight their battels , and judge them arbitrarily ; yet so peremptory were they , that they rejected the just , and a righteous , and easy government that god had appointed over them : nay but we will have a king over us as other nations , and they had one that used them accordingly . therefore solomon might well say as in ecclesiastes , i counsel thee to keep the kings commandment , for he doth whatever it pleaseth him . where the word of a king is there is power , and who may say unto him , what dost thou ? it being then the manner of the kings of nations ( heathens , ) so to govern & volenti non fit injuria ; which manner remains even to this day among the eastern princes ; and let them that delight to be so governed , have their belly full of it . but god hath provided better laws , judgments and statutes for his people , whom he hath chosen out of all nations to be a peculiar people , redeemed by the blood of his only begotten son jesus christ , blessed for ever . where the word of a king is there is power , and who may say unto him what doest thou ? this he wisely advised to those who would be so governed , and to single persons , but not to whole kingdoms , or their representatives ; the practice was otherwise even by gods own command . elisah told ahab that he and his fathers house had troubled israel , kings . . samuel told saul , thou hast done foolishly , sam. . . so nathan told david thou art the man. sam. . . obj. but these men were extraordinarily commissionated . sol. be it so , so are all they commissionated that follow their example , though not immediately from god himself , yet tacitely , by his general commands universally and eternally true . viz. thou shalt not hate thy brother in thy heart ; thou shalt in any wise rebuke thy neighbour , and not suffer sin upon him , levit. . . is it fit to say to a king thou art wicked , and to princes ye are ungodly ? saith job . . . reprove not a scorner lest he hate thee , rebuke a wise man and he will love thee . prov. . . these are prudential documents how to manage rebukes , but exempts not kings and princes from being rebuked . he that rebuketh the wicked getteth himself a blot , ver . . in such case the apostles give good advice , give not that which is holy unto dogs , neither cast pearls before swine , lest they trample them under their feet . indeed if kings and princes are such bruits , then tophet is prepared for them , and shall be their doom , isa . . . and men will be wiser than to run their heads against brick walls : but truths seasonably spoken , can do no man no wrong , and ought graciously to be received . solomons intimation is good , where the word of a king is there is power , and who may say unto him what doest thou ? eccl. . . indeed it is a folly in any man to contend with any man , king or not king , that is mightier than he , eccl. . . but all these apothegms relate chiefly to private persons , not to whole states and kingdoms , who have just power to defend their just rights against princes that usurp more power to themselves than ever god and the people gave them . and to urge samuel a prophet in a wrong sense , is with the witch at endor , to raise a false and counterfeit prophet . sam. . , . can it ever be imagined that god gave countenance or encouragement to kings to work wickedness , to oppress , or violate all laws and covenants , and yet be blameless and unaccountable here on earth ? he hath commanded no man to do wickedly , neither hath he given any man licence to sin . eccl. . . god never breaks his own covenants , but keeps them for ever , and always punished them that did ; and shall they who call themselves his vicegerents , like wild boars of the forrest , or like bears robb'd of their whelps , break through all laws and bounds , and yet be blameless and unaccountable to them who made them kings , designedly to be subject to laws , and not to destroy them ; or like foxes of the wilderness , by craft and subtilty , by shamming laws , or perverting righteous judgment ; or by packing an alteration in government , and slide thereinto insensibly by tricks and querks of law ; or to draw arguments from the manner and custom of kings heathen , for jus regium to be the right of kings christian to do as they list , quod libet licet , uncontrolably , is as much as in them lies to do as the rebellious and ungrateful israclites did , vilify , set at naught and reject the government which god established by his infinite wisdom . where such doctrines are embraced as true , what better conditions are christians under than heathens , nay , then brutes ? did god , think you , create the whole race of mankind , without respect of persons , after his own image , a little lower then the angels , and crown them with glory and honour , and give them dominion over the works of his hands , and put all things under their feet , and yet at the same time to subject them to axes and harrows , to thorns and briars , to the lusts and pleasures of a few kings , chose by themselves from among themselves , for the sake only of order , peace and well-fare of them all ? it 's true , that seeing the israelites ( notwithstanding god cautionating of them , ) were so fool-hardy as to reject god in rejecting his government , yet he did gratify them , but in his displeasure , in what they desired , and they felt the sad effects thereof . but from deut. . , . it may be gathered and concluded that the people have a just right and title to choose whether the commonwealth shall be governed by one or more , and may change it from one kind of government to another , as shall best please themselves . but in all governments god is always to be president , i. e. his laws are always to be had in remembrance and observed ; and they who govern otherwise , are not to be accounted as kings , but as enemies , not as gods vicegerents , but as the devils , and may be proceeded against accordingly . o , but ye shall be his servants , sam. . . very well , and well they deserved to be so , and slaves to boot , as they afterwards were , that after samuel from the mouth of god himself had solemnly protested unto them , read their destiny , shewed them what would betide them , and that when it did happen , though they should cry out in that day because of their king which they had chosen , the lord would not hear them , ver . . that yet notwithstanding all these forewarnings , would yet reject god's righteous and easy government for a heathenish ; they were but justly served , and their usage afterwards was but a just recompence and reward of their rejection and folly : for saul had never been king if they had not chosen him , and it was in wrath and displeasure that god gratified them therein , as a punishment of their folly and rebellion , which is no justification , but a condemnation rather of that kind of arbitrary government ; and therefore the same prophet told them also , that if still ye shall do wickedly , ye shall be consumed , ye and your king ; and so it proved . those our teachers are but false prophets , that teach , that the right of kings is set down by samuel , chap. . and ought to be punished ; for neither did the people of israel ever allow ; or the kings avow any such power to be their just right , as appears by the story of ahab and naboth . some indeed did exercise it , but that is no more a proof of the right thereof , than their practice of adultery , idolatry , or of any other sin , was of the lawfulness of such sins . when cambyses designed to marry his sister , his magi told him that no law did allow it , yet there was a law which did allow the king of persia to do what he would . just such magi are our priests , that teach that there is no law for kings to tyrannize or oppress , yet if he do , he is unaccountable . if this had been the right of the kings of israel , that lex regia commanded , deut. . and the strict injoyment of the perpetual reading , perusing and observing the book of the law , was in vain and to no purpose . what if the rebellious , stubborn and stiff necked jews , a foolish people and unwise , had a mind to be so governed ? what doth it concern christians , those that know better things , have more wit and more grace , and willing to enjoy the liberty and freedom that god hath given them in a government where their kings are solemnly obliged by laws and oaths , as well as themselves , whereby their duties become reciprocal , and obedience due , and expected accordingly . besides , is it rational to believe any people except jews ( that to day will have a king like other nations , and to morrow will not have this man rule over them , and that with cursed imprications , let his blood be on us and our children , which is still executing even to this very day , ) to be so sottish to give kings such vast revenues , and such absolute unquestionable powers , as to whip them with scorpions , and tear their flesh with briars and thorns impune , and none to say unto them , why do you thus ? o , but the prophet tells you , ye shall be his servants , sam. . . true ; and the prophet tells you , their kings shall minister unto thee , i. e. to the church , isa . . . and thus saith the lord , i will lift up my hand to the gentiles , ( i. e. the church which shall be gathered by the preaching of the gospel , which church we are ) and they shall bring thy sons in their arms , and thy daughters shall be carried on their shoulders . and kings shall be thy nursing fathers ( to carry them in their bosoms , as nursing-fathers beareth the sucking child , numb . . . ) and queens shall be thy nursing-mothers ; they shall bow down to thee with their face towards the earth , and lick up the dust of thy feet , isa . . . . in which church christ her head is always included , and always to be understood . as for the place in samuel , ye shall be his servants , it is but a foretelling and premonition that he would make them so , be it right or wrong ; not that they had any just right to make them so , but be it so , what then , even then also there is a reciprocal duty between masters and servants : servants are to obey their masters in singleness of heart as unto christ , with good will , doing service as unto the lord , eph. . , , , . so the masters are to do the like things unto them , forbearing threatning , knowing also that your master is in heaven , neither is there respect of persons with him , ver . . such service all subjects owe to their princes , and other services no prince ought to command . job who was the greatest man of the east , solemnly protested to god his integrity towards his very servants , if i did despise the cause of my man-servant , or of my maid-servant when they contended with me ; what then shall i do , when god ariseth up , and when he visiteth , what shall i answer him ? did not he that made me in the womb make him ? and did not one fashion us in the womb ? ch . . , , . by which it is apparent that there are reciprocal duties between king and subject , between master and servant . so the gibeonites , who were sent from the elders , and all the inhabitants of their country , became servants unto israel , with whom all the elders of the congregation made a league with them , and did swear unto them , which though the gibeonites got surreptitiously , yet they solemnly kept it , and would not smite them when they came before their cities , because the princes of the congregation had sworn unto them , josh . . , , , , . as there were laws for children , strangers , men-servants , and maid-servants , so there were laws for kings , parents , and masters by gods own prescription , and to be reciprocally observed ; if a stranger sojourn with thee in your land , ye shall not vex nor oppress him , but he shall be unto you as one born amongst you , and thou shalt love him as thy self , for ye were strangers in the land of egypt , i am the lord your god , exod. . . . lev. . shall these have their remedy against their lords and parents ? and shall a free people , whole nations , be left to merciless tyrants without remedy ? laws for the king , deut. . , , , . so jerem. . , . call to mind the bondage and cruel usage of gods own people the jews in egypt , who because they were under no reciprocal covenants , nor had power to relieve themselves , therefore god himself stood up in quarrel of his own covenant , and pleaded their cause , and brought them out of that iron furnace with a high hand , and stretched out arm , in despight of the lawless hectoring pharaoh , whom neither the plague of frogs , nor lice , nor flies , nor murrain of cattel , nor boyls , nor blains , nor hail , nor locusts , nor loss of cattel , of fruits , of water , and of the first-born of all the land could prevail with him to let go his sin , nor the israelites , but will once more rush into the midst of a wonderful deliverance of israel , and venture his own and his peoples lives ; and for what ? for but the bondage of his enemies , and satisfaction of his lusts . and if herods son stand in the way of his ambitious security , it were better be his hog than his child . melius herodis porcum esse quam filium , macr. satur. . so that the advocates of arbitrary power must justify pharoah in all his opposition against god , and oppression of israel . moreover pharaoh had more to say for the justification of his tyranny , than some other zamzummims can pretend to , viz. that he was under no tyes of civil or religious engagements , no reciprocal oaths between him and israel , but having them in bondage , he seems to have something like a right of imposing his will for law upon israel , yet accounted this tyranny and wickedness in pharaoh , exod. . , . so caitiff and prevalent a sin is the impetuous desire of impery and revenge tho to our utter ruin and destruction . we all naturally love domination and our lusts better than our lands ; we had rather part with thousands of rams , and ten thousand rivers of oyl with the fruit of our bodies , than with the sins of our souls , which was the leaven which fermented and boyled in the breasts of these lawless hectors . and doth not the same leaven of haughtiness , of oppression and revenge , ferment and boyl in the hearts and breasts of those in our days , who so rule and so reign and ravage over whole nations their subjects ? is it probable that god who having seen the afflictions of his people , and heard their groaning , and after he had shewed wonders and signs in the land of egypt , and in the red-sea , and in the wilderness forty years , who for their sakes smote great nations , and slew mighty kings , sihon king of the amorites , and og king of bashan , and all the kingdoms of canaan , thirty one in number , josh . , and gave their land for an heritage unto israel his people , psal . . , , . and taught them statutes and judgments to do and govern themselves by and in that good land which he had given them in possossion which were so righteous that no nation under heaven had the like , and which all nations would confess that this great nation was a wise and understanding people , who hath god so nigh unto them ? is it probable i say that god after he had delivered them so miraculously from so great thraldoms ( of quod libet licet ) should yet subject them to the like lawless persons or governments in the world ? examine all his laws , observe all his statutes , search all his judgments , and you 'l not find any the least footsteps that way tending , only he foretold them what their kings would do ; therefore they conclude that it was their just right so to do . and because he said they shall be his servants , sam. . . therefore he had right to make them his slaves , and use them like bruits ; whereas nothing probably is thereby meant more than that they should be his servants to pay tribute , gen. . . and to serve in his army , when he went out to sight their own battels , gen. . . but if slaves be meant thereby , yet it was violent and tyrannous , because they had no law of god or man to entitle them justly so to rule over them ; so that the prophet did only declare what they would do , not what was their right to do . now if it be lawful to cry unto god for deliverance , it is lawful also to use any rational lawful means and endeavours to extricate and relieve themselves . they that will choose a king to the displeasure of god almighty , it s but just they should endure the iron furnace without his relief . can any men ( not brutishly prepossed , ) believe that god who never breaks his covenants , but keeps them even with his greatest enemies and rebels , even with the most ungrateful and stiff-necked jews , and yet should establish a right in kings and princes not only to break theirs , but to leave the people without a remedy till doomes-day in the afternoon , till the day of judgment ; there 's no doubt then but that they would be all of the welsh-mans mind , and cry , let her alone till then , and drive on still . when samuel told the israelites the manner of the king that was to reign over them , was it any more or other than what elisha told hazael when he should be king what he would do unto the children of israel , viz. their strong holds wilt thou set on fire , and their young men wilt thou slay with the sword , and will dash their children , and rip up their women with child . did elisha by this his prophesy declare , that hazael when a king had just right so to do ? surely no ; for hazael being convinced of the contrary , with great indignation answered , what is thy servant a dog , that he should do this great thing , kings . . . and yet to urge samuel for proving an unlimiting power to be of right in kings to do what they list uncontrolably , what is it less then matchless impudence and horrible impiety ? when the prophet jeremiah told coniah , this hath been thy manner from thy youth , that thou obeyest not my voice , jer. . . did he by telling him of that wicked manner and custom of his , in not obeying his voice , reproach him , or declare a right that he had to do so ? no more did samuel by telling the jews the manner of the heathen kings derive a right to the jewish kings so to do ; but be the true meaning what it will , what doth it concern christians , who choose kings , princes , dukes , emperors and captains general from among themselves , grant them commissions , give them tribute , grant them powers , oblige them by solemn oaths to govern ( it's true ) in their own names , but by their power conferred on them and for their goods , which if they abuse , it devolves and returns back to them who gave it , and they cannot devest themselves of it , in which god concerns not himself immediately with it , either by dreams , or vision , or by urim , or by prophets , but hath sam. . . given them general precepts in holy writ to govern themselves by , to choose able men , such as fear god , men of truth , hating covetousness , and place such over themselves , &c. exod. . . and hath given laws and bounds to kings , &c. deut. . , , . which laws tho' they most particularly concern kings , yet they are not thereby disobliged from the observation from all the other laws of god , to which the whole race of mankind without respect of persons is bound to observe and keep ; so that since the days of the prophets the christians neither ask a king by them , neither do receive any one by his immediate appointment , but make kings of one from among themselves according to the law of nature , and of nations , observing gods holy laws and precepts . when samuel . . . told the people the manner of the kingdom , he wrote it in a book , which book say the hebrew doctors the kings either tore or burnt , that they might more freely tyrannize . though the pulpits do not march quatuor pedibus along with leviathan in his dogma's of arbitrary power in kings and princes , of quod libet licet in the twentieth chapter of his second part , and elsewhere sparsim , yet they go hand in hand with him thus far , that if kings do act contrary to the laws of god , and nature , and of man , yet they are responsible and accountable to none but to god himself : whereas there is not one plain text or syllable in the whole bible ( maugre all false glosses ) that concludes any thing for kings being unaccountable unto human judgments , or that they have an absolute power , or divine prerogative : so that in summ , the pulpits and leviathan are so far agreed , as to dogmatize lyes and false doctrines , for to justifie that kings ( maugre all mutual and reciprocal laws , pacts , and covenants , ) may act and govern how they please : and to justifie and assert , that they ought not so to govern , but to observe the laws of god , of nature , and of men ; but yet if they do not , they are notwithstanding responsible and accountable to none on earth but to god only for their so doing ; which in truth differ in their consequences no more than herring-men do from fisher-men , and both stink in the nostrils both of god and of all good men , as destructive to the well being and good government of all human societies , and have no sound foundation in the law of god , of nature , or of reason , but are contrary to them all ; for sans doubt , they that have authority to give and apply power to this or that person , have authority also to consure his actions against the law of nature . . self-preservation ( than which nothing is more dear , and which nature seeks by all means and endeavours to preserve as inviolable ) is common to a man , with all other animals , ( if you tread but upon a worm it will turn ; and if it have a sting , or a fangue , or a poison , have at you . ) . then whatsoever may conduce to its other happiness of its well-being , it labours to obtain them , and to avoid the contrary , and to hate and revenge the opposers , so that vim vi repellere is as natural to man as to all other animals . other laws of natural consequence implanted and grafted in him in his first creation for the better reglement of communities throughout the whole world , as to do good to all , to hurt no innocents , to keep covenants , promises , and contracts faithfully , to contribute their utmost to procure the happiness of the whole of that kingdom , that commonwealth , or that society , or community , whereof they are members . all which are utterly confounded and destroyed by such leviathan pulpit doctrines . . it 's against the law of men and nations , for where ever there are laws between kings and people ( wherein salus populi is ever to be presumed to be the supreme law , for that god made the whole creation not only for the necessities , but for the delights also of the whole race of mankind in general , and equally , without respect of persons , ) solemnly made , and sworn unto by mutual consent ; there they do mutually , reciprocally and solemnly bind each other : and the sword placed in the magistrates hand , is not as the material sword in the hand of alexander , not to untie but to cut the traces of that fatal gordian chariot ; but the establisht laws are the true sword to which both king and people must submit , and be responsible ; if otherwise , making of laws were but leonis catulum alere . vid. eras . adag . p. . . for as the sword of the spirit is the word of god , so the sword of magistrates are the laws of god and of man : all which rights and priviledges of mankind are utterly destroyed if this doctrine be good doctrine ; oaths between king and people being of the same nature with that between rahab and the spies ; which if not performed by her , they were to be quit of the oath which she had made them to swear : for kings though in title , in the execution of laws , and in many prerogatives , they are singulis majores , yet in the main they are universis minores ; the reason is irrefrigable , for that the people make kings , and not kings the people : and the like reason , christ is the everlasting head of the church , because christ made and ordained the church to be his peculiar people , and not the church him the head of them . in paternal government which is indisputable , there the fathers beget the children , and not the children the father , and they owe him obedience , though morose and bitter to them ; yet if he prove a tyrant over them their obligation to him is cancelled ; and if he murder any of them , he himself shall suffer death . nature gives fathers to the people , but the people make kings to themselves , and therefore kings are constituted for the people , and not the people for kings . some places of scripture are urged , though of very little force when brought to the test and well examined . as first , let my sentence come forth from thy presence : let thine eyes behold the things that are equal , psalm . . . what hath this text to do more particularly with the government between kings and their people , than with all other troubles and afflictions that mankind in general is subject unto , &c. being as applicable to every particular person persecuted and in troubles , as to king david ; here , in confidence of his integrity , craveth defence of god against his enemies , and so may any body else ; but it proves nothing that kings if they oppress their subjects shall be accountable to none but to god almighty : it doth prove that any oppressed king , or not king , may appeal unto god to plead their cause , and protect and defend them ; and if it be lawful so to pray , it is lawful to put to their own helping hands to relieve themselves by any lawful means and endeavours , and pray to god to bless their endeavours , and so by their prayers and endeavours to co-operate together : 't is an appeal to god to judg between him and his enemies . and is it not lawful , nay , the duty of all states and kingdoms to make the like appeals and supplications to god almighty ? it 's probable that david wrote this psalm when he was troubled and persecuted by saul , even after he was anointed of god , and because he did then make supplications and appeal to jonathan for his life , if there be iniquity in me slay me thy self , for why shouldst thou bring me to thy father ? will it follow therefore that court was to be made to jonathan only ? i doubt not . this is a great example and encouragement to those that are falsly accused to appeal to god by prayers and supplications for help ; and the reasons that follow are great , viz. thine eyes behold the things that are equal , and he tries the heart , verse , . but what signifies this to prove that kings are accountable to none but god for male government ? another abused place of scripture is psalm . . against thee only have i sinned , and done this evil in thy sight , that thou mightest be justified when thou speakest , and be clear when thou judgest . that men of the same temper and complexion with leviathan should urge places of scripture and make false glosses upon them , i wonder not at all , but that the pulpits should chime and ring to the same tune , i am in an amaze . do they believe themselves ? or have they forgot their pater noster ? forgive us our trespasses , as we forgive them that trespass against us . if one man sin against another , the judge shall judge him , but if they sin against the lord , who shall intreat for him ? sam. . . so cor. . . when ye sin against the brethren to commit murder , adultry , &c. and yet sin against god only , happily may be good doctrine according to the alcoran or ●●viathan , but certainly can have no place in scripture , no not in this psalm , which is a psalm of david's deep repentance , confessing his sins to god and begging his pardon . david's heart having smote him for these his sins against god and uriah , did in the bitterness and anguish of his soul prostrate , make his court to god his judge , and besought him more especially ; who only trieth the hearts and reins , acknowledging his sins and begging his pardon , who only had power of soul and body , of life and death eternal , and so only could acquit or punish eternally , and to create in him a new heart , and to renew a right spirit within him , which no mortal had the like ; and therefore by only in this place , can be meant no other but thee chiefly , thee especially , according to matth. . & luke . he did not fear them which had power to kill the body only , but not able to kill the soul ; but did fear him which after he had killed the body had power to cast into hell . for david had already condemned himself to death before he knew himself to be the man mentioned in nathan's parable , sam. . . and david's anger was greatly kindled against the man , and he said to nathan , as the lord liveth , the man that hath done this thing shall surely die . have they not read what jonathan said to saul ? let not the king sin against his servant , against david , because he hath not sinned against thee , sam. . . did saul a king sin against david a private person , and his subject , in seeking his innocent blood ? and shall david when king covet his neighbour uriah 's wife , and seek the innocent blood of uriah himself , and yet not sin against uriah ? quis discrevit ? who hath made the difference , who exempted him ? falsest teachers , that would be esteemed men of god , priests of the most high , and yet teach doctrines more becoming priests of baal , men of belial . did not david sin against the tenth commandment , and against his neighbour also , when he coveted his neighbours wife , and purchased her adulterous embraces at the rate of innocent blood , may they not as well plead the like plea , and justifie ahab sinning against god only , and not against naboth , when he purchased his vineyard at the price of his innocent blood ? king. . . king. . . . if david had power to shed the innocent blood of uriah , and debauch bathsheba uncontrolably by man , it is either from god , or not from god ; if it be from god , it must be a power against the six and seventh commandments ; which god gave to david , and not to any subjects ; and so david lyed when he confessed it a sin which was none , and consequently needed no pardon ; and so consequently kings , because kings , are under no obligation of duties , of mercy , truth , justice , &c. to their subjects , which is contrary to all scripture , deut. . , . & chron. . , . rom. . . . if this power be from god , as it is unrestrainable and unquestionable by the subject , it cannot be from god at all , for god cannot give a power to do ill , that is unpunishable by men , and not give that power to do ill ; for in this very thing that god giveth to david a power to kill and commit adultery with this respect , that it shall be punishable by god only , and not by men , god must give it as a sinful power to do ill , i. e. a power of dispensation to sin , and so not to be punished by either god or man ; which is contrary to the whole design and purport of the scriptures . if such a power as is not restrainable by man be from god permissivè , as in devils and men , then it is no regal power , nor any ordinance of god , and then to resist such power is not to resist the ordinance of god. for priests to preach kings to be nursing-fathers of the people , and to be custodes utriusque tabulae ( as indeed they ought to be ) and yet to preach that if kings do break the commandments , yet they sin against god only , and are accountable to god only , is divinity becomming only micha's priests , that for a little better reward and hope of preferment will with gladness of heart take ephod , take teraphim , take graven images , preach any thing , swallow down theft and idolatry together , pervert any text , though thereby whole nations are rob'd and despoiled of their laws , liberties , and religion . falsest prophets ! that thus flatter profaneness , betraying god's truth , and smothering and dissembling the strictness and purity of his ways , striking at sin with the scabboard and not with the sword ; extenuating evil , palliating vice , daubing with untempered morter , and by divining lyes to seduce kings and princes . if kings can do no wrong to their people , and are accountable to god only , what made samuel to make publick proclamation , behold , here i am , witness against me before the lord , and before his anointed : whose ox have i taken ? or whose ass have i taken ? or whom have i defrauded ? whom have i oppressed ? or of whose hand have i received any bribe to blind my eyes therewith ? and i will restore it to you , sam. . . so lewis ix . for his great piety and devotion sirnamed the saint , the french king , being fully satisfied in his conscience , that sovereigns are responsible by laws both divine and human for all the miscarriages of themselves and of their subordinate ministers , caused to be publish'd through all his kingdom , that whoever had suffered any wrong or damage by him , or by any belonging to him , should make it known , and he would give them satisfaction out of his own estate ; which was punctually performed accordingly . to me 't is a wonder , and i am in an amaze , how any man can be so biassed or corrupted in judgment ( except possessed with an evil spirit ) as to draw such conclusions from such premisses . can any thing be more ridiculous in nature , in reason , in wisdom , in understanding , to give laws to kings , and cause them to swear to keep them , and yet to be understood at the same time to be lawless , and not obliged to keep them , according to some , or at least cannot be questioned if they break them , ( according to others ) which is as caitiff a position as the other , and differs nothing but in words only ? shall all others be punished for the breach of the same laws , and kings only excepted , who by solemn and sacred oaths have bound themselves to performance , and the laws make no exceptions ? absit ? doth god make any exceptions ? doth not god punish kings as severely as he doth others ? is not tophet ordained of old which is deep and large , the pile whereof is fire and much wood , and which is kindled by my breath as by a stream of brimstone : yea for kings it is prepared , isaiah . . and shall we give such encouragement to break laws and to work wickedness , god forbid ? are not such doctrines encouragements to kings to lift up their hearts above their brethren ? against which god hath forewarned and forbid them , that they might know themselves to be but men. god made his own sabbath for man , and not man for the sabbath , and hath he not made kings so too ? moses was a king with supreme power . well , what then ? and so let all kings have if they have the same warrant , commission , access and freedom with god almighty , to have constant recourse unto him to carry the causes of their people unto him , and receive his commands , and communicate them to the whole congregation , and prosecute them as punctually as he did , and be as faithful in his house as he was . but though moses had this great and mighty power , being as it were god's companion , speaking unto god , and god answering him , exod. . . yet it no where appears that quod libet licet , that he could do what he list , and be accountable to god only . it 's true , the people came to him to ask counsel of god for them , but not to do his own commands without god's commands and advice first had ; and all this was but to teach them the ordinances and laws , and shew them the way wherein they were to walk , and the works they were to do , exod. . . not to oppress , or injure them , or tyrannize over them to give laws , not receive or be obliged by any themselves . so that upon the whole matter god was the king of the jews , moses only his interpreter and ambassador ; and if kings will not be as faithful as moses was , in judging and acting according to the laws and ordinances of their and our god , there will then be no leading into captivity , no complaining in our streets , no breaking in , nor going out ; but happy would be the people that were in such a case ; yea , happy that people whose god is the lord , psal . . . . to make laws to bind king and people , and yet kings to break them impune , when the very laws themselves do not exempt them , is very ill becoming reasonable men , and that all but kings should be punished for the breach of them is wicked and unjust . it may happen in all kingdoms ( most probably in those that are haereditary , ) that some kings may be idiots , or mad , or follow mad councils and advisors , ( a crime of the same leaven , ) as did rehoboam , and must whole kingdoms then also be subject to their tyranny , to be chastized not with whips but with scorpions , without making use of their power to extricate themselves out of their hardships and miseries ? is it not then natural to cry , what portion have we in david ? we have no inheritance in the son of jesse , every man to your tents , withdraw your services , withhold your tributes , fight not against the interest of your nation ; and now david see to thine own house , chron. . . though kings have the great title , yet the laws are to govern both them and their subjects , and though all laws run in their names , yet they cannot do what they list , but as he is to command according to law , so his subjects are to obey him according to law , not against law. doth god himself keep covenant for ever , and never break any ; and shall kings who claim their titles and powers from him , take greater liberty and freedom to break the covenants and agreements with their subjects than god himself , or pretend to be unaccountable ? i doubt they themselves would not accept such a plea from their own ambassadors or ministers transgressing their commissions . had the israelites power to cast off their corrupt judges , ( a government well pleasing to god himself , and to choose them another form of government even kingly ( contrary to the mind even of god himself , ) and did not god gratify them therein , though they rejected not samuel only , but god himself thereby , sam. . , . for he gave them a king in his anger , and took him away in his wrath , hos . . . had they such power under the law , and have not christians the same under the gospel ? if not , shew when , where , and by whom it was taken away . certainly whoever sets up himself to be supream and above all laws , or to be accountable to none but to god for breach of them , doth as much as in him lies make himself an idol or a strange god to be revered without contradiction . if nebuchadnezzar erect his prodigious idol , must all people , nations and languages fall down and worship it ? gideon whom the men of israel commissioned , saying , rule thou over us , both thou , and thy son , and thy sons son also , but gideon answered , i will not rule over you , neither shall my son rule over you , the lord shall rule over you , judg. . , . by which it appears that gideon by this commission was as supream , and had as large powers as any king had , or as the israelites could give him , without formal covenants or laws to tye him up ; and yet his answer is a document upon divine record for ever to all kings and princes , that it is not the right of men to domineer over men , but it belongs and appertains to god only , to rule without controll ▪ and indeed it 's both against the law of nature , and precept divine , for kings so to lift up their hearts above their brethren , as to rule over them rigorously , uncontrolably ; for god created them all equal , and we shall all stand in an equal distance before gods tribunal , where there shall be no respect of persons . what difference and distance of stations and of honours there is amongst us , is from our selves , and of our own framing , naked came we into the world , and naked shall we return . it is ill , very ill , offending little ones whose angels do always behold the face of god in heaven , mat. . . by all which it manifestly appears , that the mosaick kings and judges were equally obliged to keep the laws , together with the rest of the people , and that there is not any one law either in the old or new testament that makes any exception or exemption , or to free one more than another from censure , if a transgressor either against god or man. to assert that god hath reserved to his own tribunal the punishment of kings and princes more than others , so as to free them from being called to an account and censured here on earth , is a false maxime without sound reason , or good authority : examine the gospel , and see if that doth allow that which the law doth not , and whether the divine herald of liberty inward and outward , or civil to all christians , do deliver us up also captives and slaves to tyrant princes , without a power or liberty to extricate our selves from such slavery and thraldom . we read in the gospel that christ at his coming should scatter the proud imaginations of their hearts , and put down the mighty from their thrones , luke . , . but no where that he did establish the thrones of tyrants for good government . christ himself was born under tyrants , suffered under them , made himself of no reputation , took upon him the form of a servant , and thereby purchased for us an honest and just liberty , as to bear with patient minds a necessitated servitude ; but we no where read that he took away from us our just powers of procuring our own liberties when oppressed , but rather confirmed them . art thou called being a servant , care not for it , but if thou mayst be made free use it rather . ye are bought with a price , be not ye the servants of men. cor. . , . in vain therefore is the example of christ brought for our enduring of such servitude , who by the price of his servitude purchased and confirmed our civil liberties ; christ having asked peter at capernaum , of whom do the kings of the earth take custom or tribute , of their own children ( i. e. their citizens ) or of strangers ? ( i. e. though under a conquerred condition ; ) peter saith , of strangers . jesus saith unto him , then are the children free ; notwithstanding , least we should offend them , pay for me and thee . matt. . , , . thus much rationally and naturally may from hence be concluded , viz. that christ and peter as private persons paid tribute to caesar , though they had no obligation to pay it , nor caesar any just right to require it ; yet because they would give no offence , but would be at quiet , and avoid trouble , christ did command payment . but from hence it never can be concluded , that whole kingdoms or commonwealths , being unjustly oppressed with exorbitant taxes contrary to law , and without their consent are therefore obliged to pay them , or that they are thereby forbid or hindred to right and relieve themselves . whether by children are meant the citizens or subjects of kings , according to some , or by children be meant the children of god , the whole race of christians according to st. austin , it matters not if peter was of the children or citizens , he was therefore free . we also ( christ testifying ) are free likewise either as citizens or as christians . god certainly would never give his vicegerents or patres patriae ( as they desire to be esteemed ) authority to oppress those whom he would not tyrannize over himself , and for whom he made the whole creation for their comfort and solace ; no nor yet so unlimited powers , as that if they did oppress or tyrannize , they should by no means for such their tyranny be questioned , which is an absurdity of the same nature as great as the other . is it not a wonderful injury to gods infinite wisdom , grace and goodness towards man , to suppose that god should appoint kingly government , and oblige him to keep laws for the well government of his charge as his vicegerents , for whose good he is set over them , and yet at the same time if he violate them all , he may do it without contradiction till the day of judgment , and to aggrevate the injury , they endeavour to support that injury by wresting his own word , by coyning evasions , and creating subtleties to overshaddow the true and genuine meaning thereof , and foysting false glosses upon them . no doubt but when a fair opportunity offereth it self to an oppressed people , to extricate themselves out of any tyranny , gods providence is therein manifested , and it s their own fault if they make not use of it . is not gods image as manifestly seen in man , as caesars on the coyn ? is not as much respect and regard to be shewed to gods image as to caesars ? i appeal to all rational men , if it be not an injury of the same nature to give kings and princes power to do what they list , or to swear them to keep laws , and yet in the same breath to leave them accountable to god only at the day of judgment , and so leave the governed to be without remedy . caesars have their rights , and the people have their rights also . caesars are the ministers of god to the people for their good , and to see that all render to all their reciprocal dues , not to take them away from them ; and in those things wherein they minister otherwise , they are not ministers of god but of the devil . rom. . . . the liberty and freedom of the people is their propriety both by the law of god and nature , born with them , and ought not to be defrauded or deprived thereof by any subtilties ; but the rights and powers of kings over the people are given them by the people , either expressly or implyed , and to be always understood for their good ; the inscription upon coins doth not confer any more right to kings than unto the people , it only denotes its intrinsick value , and that it is pure , and without base mixture or allay . christ therefore in this place did not so much demonstrate subjects duty towards kings , as to tax the pharisees , who feigned themselves just men , and took council to entangle him in his talk , cogging with him , crying , thou art true , and teacheth the way of god in truth , &c. of malice and wickedness designing to betray him , by taking hold of his words , that so they might deliver him to the power and authority of the governor , luke . . and therefore put that captious question to him , is it lawful to give tribute to caesar or is it not ? but he knowing their hypocrisy , answered them accordingly , mark . . . thus sophistically by false reasonings and counterseit glosses on plain texts of scripture , what is it less , or other then to represent the great god of heaven and of earth a deceiver of his people , whilst he sets kings over us as his ministers for our good , and yet at the same time to allow them a latitude to tyrannize over them at their pleasure without controll : can men gather figs of thistles , or grapes of brambles ? then may these men gather such false conclusions from such right premisses as cannot yield them . it s undeniable that god never gave any power to kings and princes but what is just and right , and equal . righteousness and judgment are the basis and establishment of his own throne , and shall kings pretend to govern otherwise ? when the pharisees pretending kindness ( but designing mischief ) to jesus , advised him to depart out of their coasts , for that herod sought to kill him , luke . , . christ did not depart , nor yet return any low pittiful answer , but boldly answered , go tell that fox , i do cast out devils , and do cures to day and to morrow , &c. thereby intimating , that kings have no lawful power to wrong their subjects , or to hinder any from doing good to others , or their duty towards god , though by fox-like advisoes they usurp dominion beyond all just right , and that god himself esteems them no other , or better than bruits according to psal . . . man that is in honour , and understandeth not , is like the beasts that perish , now what is here meant by understanding , is declared by job the greatest man of the east , job . . the fear of the lord that is wisdom , and to depart from evil that is understanding . so david a king tells us the same , psal . . . and so king solomon the wisest of men , prov. . , , . ch . . with promises of great blessings , he that feareth the lord , his soul shall dwell at ease , and his seed shall inherit the earth , and the secret of the lord is with them that fear him , and he will shew them his covenant , psal . . , , . all other wordly wisdom that hath not respect to eternity , is but foolishness and bruitish , and the esteem that god himself hath of the greatest men on earth without this wisdom , is but as that of bruits . so john baptist esteemed the pharisees and sadducees but as a generation of vipers , matth. . . so god by jeremy to the voluptuous , when he had fed them to the full , they then committed adultery , and assemble themselves by troops in harlots houses , they were as fed horses , &c. jer. . . so david , dogs have compassed me , the assembly of the wicked have enclosed me , psal . . . so isaiah calls ignorant and blind watchmen dogs , ye greedy dogs , isaiah . , . and christ forewarned them not to give that which is holy unto dogs , neither cast pearl before swine , matth. . . so was paul's caution to the philippians , . . beware of dogs , beware of evil workers , whereby it is apparent that there is no mean between a saint and a bruit , be they great or small , rich or poor ; heaven and hell will divide the whole world , without respect of persons . and therefore the advice of david a king is to be followed , be ye not like horse and mule which have no understanding , psal . . . a bruitish man knoweth not , neither doth a fool understand this , psal . . . all the machiavilians and leviathans , and time-serving pulpiteers of the world and their council , without such understanding , are but as bruits and bruitish , void of true sense and understanding . christ suffered under a tyrant ; true , but how could be suffer but under a tyrant , that feared neither god nor man ? christ came into the world in the form of a servant and to suffer ; what for ? not to bring us under , but to free us from the yoke of bondage both spiritual and temporal . consider well the answer which christ gave to the mother of zebedee's children , desiring that her two sons might sit the one on his right , the other on his left hand in his kingdom . viz. ye know that the princes of the gentiles exercise dominion over them , and they that are great exercise authority over them ; but it shall not be so among you , but whoever will be great among you , let him be your servant , even as the son of man came not to be ministred unto , but to minister . zebedee's sons dreaming of a kingdom , that christ should suddenly have on earth , and affecting to be chief in that kingdom and next unto him , there arose among them a strife , ( through pride cometh contention ) who should be greatest among them , whence that proud demand that one might sit on his right hand , and the other on his left . but christ gently rebuked their proud aspiring humour , and in them all christians , shewing that the princes of the gentiles did domineer and play rex among their brethren , ( a temper very ill beseeming christians , ) but it shall not be so among you ( in whom the spirit of the living god should dwell , ) but whoever will be great among you , let him be your minister , and whoever will be chief among you , let him be your servant ; and made himself the great exemplar of so great humility , who came not to be ministred unto , but to minister , of which he gave real testimony through the whole course of his life , first coming down from heaven his imperial residence , then refusing to be made a king here on earth , when designed to have taken him by force to have made him a king. then by washing his disciples feet , breaking bread unto them . and to consummate all , he became obedient to death , even that shameful death , the death of the cross , for us men and for our salvation ; and indeed the whole course of his life was but administration of all good to all , rich or poor , without respect of persons , which is the proper duty of all kings . but it shall not be so among you ; i. e. proud and aspiring domination ought not to be among christians , though they bear the glorious titles of evargitae or benefactors , nay of emperors , kings or princes . kings , christians especially , though kings by name and title , yet in truth are but servants to the governed . so moses , who certainly had as great and as unquestionable authority over the israelites as ever mortal had , to whom god himself did dictate laws , yet did he never proudly domineer over them , ( tho' provoked to the uttermost , so that he desired god to kill him , that he might not see his wretchedness ) to their prejudice or detriment , but did bear the burden of them all , carried them in his bosom as a nursing father beareth the nursing child , and pleaded importunately with god himself to save them from destruction , when the fire of the lord was consuming them at taberah , and prevailed : worthy the imitation of all those who stile themselves gods vicegerents : then should the governed have no oppression , no complaining in our streets , but should every man sit quietly under his own vine and under his own fig-tree . so plato called magistrates not lords , but ministers and servants of the people , and calleth the people not servants but benefactors , as those that allow and give them in gratitude and recompence for their service , wherewithal to keep a kingly state and grandeur , and depute them also their conservators and executioners of their laws . so aristotle calls them ministers and keepers of their laws ; the apostles call them ministers both of the laws of god and of the people ; and no doubt but they are so , and therefore they ought to be as faithful as was moses in not deviating from gods commandments . christ in the scriptures is not against superiority , kingship , government or governours , but against the haughty and insolent deportment and tyrannical abuse of the power committed to their charge , as the heathen princes did , which he rebukes here , intimating that so to govern , is to rule over others to their own hurt , and that to such , a wo is denounced , wo to them that decree unrighteous decrees , and that write grievousness , which they have prescribed , to turn aside the needy from judgment , and to take away the right from the poor , that widdows may be their prey , and that they may rob the fatherless . but be not ye like unto the heathen who govern after such a rate , but the greater you are in honour and power , be ye more humble , and as him that serveth , and being as gods vicegerents ( in which appellation you all glory and boast ) be ye all imitators of him , and follow his example , doing good to all , executing judgment and righteousness , and delivering the spoiled out of the hand of the oppressor , and do no wrong , no violence to the stranger , the fatherless nor to the widdows , neither shed innocent blood , least his fury go out like fire , and burn that none can quench it , because of the evil of such doings . the greater you are , the more humble ye ought to be , and then ye shall find favour with the lord. in lowliness of mind let each esteem others better then themselves . as were his precepts , so was his example , who though he was chief priest , king and lord , yet was he in the midst of his disciples as he that serveth . it is not regality but piety that ennobles and makes princes in good earnest gods vicegerents . carry them in thy bosom as a nursing father carryeth the sucking child into the land which thou swearest unto their fathers , ( a prescription and document for all emperors , kings and princes : ) so god to moses , whom he made prince and lawgiver over the jews his peculiar people , i. e. lovingly , tenderly , carefully , which sheweth the great love , mildness , gentleness that should be in governours . so christ , he shall feed his flock like a shepherd , he shall gather his lambs in his arms , and bear them in his bosom , and he shall gently lead those that are young , isaiah . . so paul , we were gentle among you , even as a nurse cherisheth her children , we exhorted , and comforted , and charged every one of you as a father doth his children , ▪ thes . . . . accordingly the hebrews have this rule for all governors , it is unlawful for a man to govern with stateliness over the congregation , and with haughtiness of spirit , but with meekness , and fear . and every pastour that bringeth more terror upon the congregation , than is for the name of god , he shall be punished : and so it is not lawful for him to govern them with contemptuous carriage , although they be the common people of the land ; neither may he tread upon the heads of the holy people , although they be unlearned and base , they be the sons of abraham , &c. but he must bear the toyl of the congregation and their burden , as moses our master , of whom it is said , as a nursing father beareth his child , &c. maimon in misn . tom . . in sanhedrim ch . . sect. . . when the burden of the government grew too heavy for moses , god commanded him , saying , gather unto me seventy men of the elders of israel , whom thou knowest to be elders of the people , and officers over them , and bring them unto the tabernacle of the congregation , that they may stand there with thee , and i will come down and talk with them , and i will take of the spirit which is on thee , and will put it upon them , and they shall bear the burden of the people with thee , that thou bear it not thy self alone , num , . , . by so doing , moses spirit was not at all diminished , for as sol jarchi saith , moses in that hour was like unto the lamp that was left ( burning ) in the candlestick ( in the sanctuary , ) from which all the other lamps were lighted , yet the light thereof was not lessened , but god shewed hereby , that none without gifts of his spirit are fit for office and government . so jethro to moses , choose able men , such as fear god , men of truth , hating covetousness , and place such over them , exod. . . deut. . . acts . . the hebrews have this rule , viz. any synedrion , king or governor that shall set up a judge for israel that is not fit , and is not wise in the wisdom of the law , and meet to be a judge ; although he be wholly amiable , and have in him other good things , yet he that setteth him up transgresseth , &c. maim . in sanhedrim , chap. . sect. . to kings and queens not governing as they ought jeremy is sent , chap. . . say unto the king and to the queen , humble your selves , sit down , for your principalities shall come down , even the crown of your glory . obj. submit your selves to every ordinance of men for the lord's sake , whether it be to the king as a supreme , or unto governors , as unto them that are sent by him for the punishment of evil doers , and for the praise of them that do well , for so is the will of god , th● with well doing yee may put to silence the ignorance of foolish men . peter writ his epistle to private persons , strangers scattered through pontus , galatia , gappad●●ia , asia , bythinia , to a people scattered through the lesser asia , being there as sojourners , and consequently not under any set form of government by their own consent , nor indeed capable of it . but what doth this concern whole kingdoms of free-born people , who are governed by their own laws , of their own making , to which their kings are as subject as themselves , and that by their own consent and solemn oaths ? make ye no difference between a few dispersed people , and kingdoms of nobles , senators , dyets , parliaments , peers of kings that have a co-ordinate power in the legislative authority , and without which kings cannot be , for its the governed that make kings , not kings the governed , a king and no king. but be it that it was written to a senate , what are you the better ? when no precept to which reason is adjoyned , doth bind beyond or besides that reason , lex est ordo . be subject therefore for the lord's sake . what is that ? because kingly government hath a divine stamp . what to do ? to punish evil doers , and to praise and reward them that do well , for this is the will of god. when kings so govern , there will be no complaining in our streets , no calling coram nobis . of our obligation to obey such kings as are here described , there 's no question ; so to obey others , who govern contrarily , here 's no mention , no obligation : the reason of this precept appears , ver. . as free , therefore not as slaves . turn the tables . what if kings should act quite contrary , punish and discountenance the good and pious , and reward and countenance the wicked , what then ? he that justifieth the wicked , and he that condemneth the righteous , even they both are abomination to the lord : he that saith to the wicked , thou art righteous , him shall the people curse , nations shall abhor him . if the lord shall abominate such , the people curse them , and nations abhor them , shall not kingdoms make use of their own natural power to right themselves , but live in perpetual slavery under axes and harrows ? is it not called human ordinance ? yea , shall human ordinance have power only to make good laws , and not have power to punish the transgressors ? o! but nero a wicked prince then reigned , and to him the apostle commands all to be subject . . it is questioned whether it were nero or claudius , that then was emperor of rome ; it matters not , for the apostles writ to private , dispersed strangers that had no share in the government , not unto free states and kingdoms as before , not to the praetors , nor consuls , nor senators of rome . let every soul be subject to the higher powers , for there 's no power but of god , the powers that be are ordained of god , verse . whosoever therefore resisteth the power , resisteth the ordinance of god : and they that resist shall receive to themselves damnation , ver . . for rulers are not a terror to good works , but to the evil . wilt thou then not be afraid of the power ? do that which is good , and thou shalt have praise of the same , verse . for he is the minister of god to thee for good . but if thou do that which is evil , be afraid , for he beareth not the sword in vain . for he is the minister of god , a revenger to execute wrath upon him that doth evil , verse . wherefore you must needs be subject , not only for wrath , but also for conscience sake , verse . for , for this cause pay you tribute also ; for they are god's ministers , attending continually on this very thing , verse . render therefore to all their dues , tribute to whom tribute , &c. verse . as rebellion is as the sin of witchcraft , so obedience is an holy thing , when it is yielded to just commands ; but when it is referred to tyrannical and abusive commands , then it is not good , but it is void , and natural defence doth succeed in its room : god hath given all kingdoms liberty and power to make their own laws by common consent , and appoint their own governors , and to oblige them to manage and see the execution of them for their protection , and equal justice to be indifferently executed . to such commands obedience is due ; but obedience to commands contrary to established laws , is obedience in name , but in truth extreme disobedience towards god and the commonwealth . paul writes here not as peter did to strangers and to a dispersed people , but to the romans , yet to private persons , christians especially , and so writes as declaring the whole reason , origine , and end of government ; and that christian religion teacheth that christian obedience may be yielded to unchristian magistrates without servitude or slavery ; and that it doth not teach to destroy civil polity and government ( as some had falsly accused the christians there , the occasion of paul's just writing , ) but to establish and regulate it according to right christian principles , laws of god and nature , not by constituting nero's and tyrants above all laws , but by regulating all governments to the standard of the laws of nature , god , and christ ; i. e. rulers are not to be a terror to good works but to the evil : to be ministers of god for the good of the governed : revengers , to execute wrath on them that do evil , not on them that do well : on such things they ought continually to attend ; if they walk contrary , they are not ministers nor vice-gerents of god. certainly the apostles never writ with intention to make null , and vacate the rights and institutes of all nations , nor yet so to center them in the breast of one man , a tyrant , above all law and punishment , and that his will and pleasure should be the law , to the ruine and misery of mankind . laws rightfully constituted are the supreme regulators both of king and people . the best emperors always acknowledged the authority of laws and of the senate to be greater than theirs : and all nations , not barbarous , have always held just laws most sacred . hence pindarus apud herodotum , that the law was king of all . and orpheus in his hymns esteemed laws to be king not only of mortal men , but even of the gods also : his reason given , is , because it holds the reins of government . so plato , in legibus , that which ought to do most in government is the law : and in his epistles he commends that government most where law is lord and king of men , not where men are tyrants over the laws . so aristotle in his politicks , and cicero de legibus . seeing therefore by the judgment of the wisest men , and by the institutes of the most prudent cities , laws are held most supreme ; and where the doctrine of the gospel doth not contradict , but comply therewith , there ought to be no doubt of the truth thereof ; and that both kings and people are equally subject thereunto , and laws according to cicero . phillipic . are nothing but right reason , drawn from the god's commanding things honest in the sight , and to the solace and benefit of all men , and forbiding all iniquity , transgression and sin . from god therefore is the institution of magistrates , that by their prudent administration the whole race of mankind might live under laws of their own making , and by their own consent . and by the judgment of heathens , laws hold the reins of government , and are above the magistrates , as magistrates are above the people , with which doctrine , and with sound reason , and with right of kingdoms , the doctrine of the gospel doth not at all interfere , or clash , but comply , and agree . let every soul be subject to the higher powers , doth subject kings as well as the people to the obedience thereof : for there is no power but of god , i. e. there 's no form of government but hath its stamp of allowance from god himself , commanding things honest in the sight of all men , and prohibiting the contrary . from god therefore is the institution of magistracy , that by their reasonable service and just administration , whole nations may live under laws and government ; but whether under this or that form of government , or by these or those persons , is wholly ▪ left to the free choice of the governed . if therefore by the judgment of the wise , and the institutes of the most prudent cities , dyets , councils and parliaments , laws have the supreme authority ; and the doctrine of the gospel doth not thwart right reason , nor yet the natural right of nations ; then must magistrates also subscribe and submit to the l●●● of their government , to which they have not only consented and sworn , and be accountable to the same laws , and to them from whom they derive their authority and power , for whose good and benefit , and by whom they were first and primarily enacted and constituted . magistrates are created and appointed by men. hence peter calls both kings and other magistrates a human creation , or human ordinance . so h●sea . . they have set kings up , but not by me : th ● have made princes , but i knew it not . in the hebrew commonwealth and kingdoms only , where they had several ways of resorting unto , and consulting god almighty , they might and did refer the nomination of their kings unto him : but concerning other nations we have received no such like custom , or mandate . the precept that god himself gave to the children of israel for the choice of their king , did more especially respect the qualifications of kingship than the nomination of the person , viz. when thou art come into the land which the lord thy god giveth thee , and shall possess it , and shalt dwell therein , and shall say , i will set a king over me , like as all the nations round about me , thou shalt in any wise set him king over thee , ( which is a manifest allowance and commission to appoint their own kings ) whom the lord thy god shall chuse , ( not personally , not by his nomination , but according to such and such qualifications , viz. ) one from among thy brethren shalt thou set king over thee : thou maist not set a stranger over thee , which is not thy brother . but he shall not multiply horses , neither shall he multiply wives to himself , that his heart turn not away ; neither shall he greatly multiply to himself silver and gold. and it shall be when he sitteth upon the throne of his kingdom , that he shall write him a copy of this law in a book : and it shall be with him , and he shall read therein all the days of his life , that he may learn to fear the lord his god , to keep all the words of this law and these statutes to do them : that his heart be not lifted up above his brethren , and that he turn not aside from that commandment to the right hand or to the left , to the end that he may prolong his days in his kingdom , he and his children in the midst of israel , deut. . from hence it is evident under what laws and precepts kings are and ought to govern ; and , if not so qualified and so chosen , they can have no just right to govern . vid. dr. sherrock de officiis , c. . n o. . p. . sometimes the very form of government may be vicious and faulty , sometimes they that obtain the power may be so ; which may proceed from men and from the devil . and the devil taking jesus up into a high mountain , shewed unto him all the kingdoms of the world in a moment of time . and the devil said unto him , all this power will i give thee , and the glory of them ; for that is delivered unto me , and to whomsoever i will i give it . hence is he called the prince of this world , john . . & . . rev. . . the dragon gave unto the beast power , and his throne , and great authority ; yea the god of the world , cor. . . wherefore when it is written that there is no power but of god , it is always to be understood , not of all powers whatsoever , but of all lawful powers , such as he there described ; and of the powers themselves , not always of the persons that have the power . so st. chrysostom , the powers that are , are ordained of god , who by his essential wisdom and goodness , and by the express warrant of his ordinance never ordained any but what were good and behooful for the governed ; therefore the apostle in this place will be understood of lawful powers : god may and doth permit unlawful powers for the punishment of wicked doers , even by wicked men , which are god's sword , but never ordained such but as his rod , and scourges . wickedness , and vice , and sin , being things inordinate , it 's not possible that god should ordain them , and yet be sinful and vitious still : he that resisteth the power , ( viz. lawful power ) resisteth the ordinance of god ; which precept equally binds and obligeth kings as well as subjects that resist , or transgress , or obstruct the laws , or endeavour to sham them either by force or coining evasions . i appeal to heaven , if they that resist powers not lawful , or abusers or overturners of lawful powers , do resist the ordinance of god or not ? i do think that no man in his right senses will say so . the apostle yet makes it more plain , that he treats of lawful powers , when he says , that rulers are not a terror to good works but to the evil : and he is the minister of god to thee for good , for he beareth not the sword in vain : a revenger to execute wrath on them that do evil . who , unless heathens , or persons of profligated consciences will refuse to be subject to such powers , not only out of fear of punishment , but for conscience sake ? for without civil government , not possible to live in peace and happiness . but what power , what magistrates soever ordains or acts contrary can never properly be said to be ordained , i. e. allowed and approved of god ; and therefore this is no precept , no command to yield obedience to such ; neither is it any precept or command to forbid us prudently to resist , defend , and right our selves ; for in such cases we do not resist the powers , but human errors of kings and princes ; nor the magistrates that are ordained of god , who ought to be such as the apostles decipher ; but either usurpers , or tyrants , or betrayers of the trust reposed in them , who yet notwithstanding , if they must be termed magistrates in that only they have power to vex , revenge , and ravage over god's people ; by the very self-same logick , the devil is our magistrate . of one thing only there can be but one true definition ; if therefore paul doth here rightly define magistracy and magistrates , ( as he doth most accurately ) then certainly by the same words he cannot define tyranny , oppression , male-government , things diametrically opposité and contrary one to the other ; then certainly to such magistrates only as the apostles here describes do we owe subjection , tribute , honour , &c. and not to their contrary . reasons assigned are ; for this cause pay you tribute also , for they are god's ministers , attending continually on this very thing : render therefore , &c. the labourer is worthy of his hire : and they that hire ought to have their service , and work well done : so that if magistrates fail of their duty , subjects may slacken their tribute , which is given them only as a recompence of their watchfulness , pains , and care in well governing : therefore simple and absolute subjection is not here required , but subjection with reason subjoyned , which reasons are the rule and square of our subjection . we are often told by our priests that prayers and tears are the weapons 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. , . 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 . . 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 , . which also is reinforced , psalm . 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 . . sam. . & prov. . . 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 . . . 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 . . 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 . . 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 . he tells us , that amongst phanaticks and atheists , transformed into malicious fiends by the hellish divinity of that monster of a priest the author of julian the apostate , whose whole book is as great an apostacy from the practice of primitive christians , the precepts of obedience delivered by christ and his apostles , and christianity it self , as ever the apostate julian was guilty of , pag. . in which he is not alone , being called by others impudent , unskilful , profligate wretch , and mercenary scribler , which are stones only , not confutations . the practice of former ages is much urged for justification of their passive obedience , and amongst them the thaebaean legion is their great exemplar ; who , i doubt not , but had in prospect , that of christs kingdom there was no end , that they should reap if they fainted not , that their combate was to be but short , their victory sure , their crowns safe , their triumph eternal , that god's grace was all sufficient here to support them , and his glory all-sufficient hereafter to reward them , and so cheerfully laid down their lives at the emperors unjust commands , and died martyrs . but not to derogate from their dying according to the dictates of their consciences , i humbly conceive , and am of opinion , that they had been more truly valiant for the truth , and done more right to christian religion , and less guilty of being felones de se , that having so much power in their hands as they had , and such advantages of the emperor ( he being then in straights , ) if they had appealed unto the lord of hoasts , by standing upon their guard , and defended themselves . for as the emperor had no just authority to command them to sacrifice to idols , so they had no obligation to obey his unjust commands ; and therefore the force being unlawful , the defence must of necessity be just and lawful . moreover , this very history is by many learned men accounted but a meer fable , and so can do them no courtesie , there being no historian that mentions it in above two hundred years after it was said to have happened . chap. xii . some objections answered . god accounts the breach of covenants as the pollution of his name . power of the people . st. ambrose's behaviour towards valentinian . they who accept of power from others , to them they are accountable . publick good preferrable before private . delegated powers if abused , naturally returns to them who gave them , and are subject to the laws which are supream . kings no more sacred than the people . by the law of nature the right of the people is supream and to be preferred . the contrary is often objected , for that paul writ this to the romans , nero a cruel tyrant being then emperor , which is not certain , for that very learned men are of opinion that this epistle was writ when claudius ( a good and well natur'd prince ) was emperor , and his government easy ; besides , the first five years of nero's government was very mild and moderate , from which uncertainties no certain ground or argument can be drawn , wholly to submit to tyrants be their governments never so uneasy . o , but god gave all nations , viz. the edomites , moabites , amorites , tyrians and sydonians and their kings to nebuchadnezzar to serve him and his son , and his sons son , until &c. very well , and good reason to , and he tells you why : i have made the earth saith he , the man and the beasts that are upon the ground by my great power , and by my out-stretched arm , and have given it unto whom it seemeth meet unto me . so daniel , this matter is by the decree of the most high , to the intent that the living may know , that the most high ruleth in the kingdom of men , and giveth it to whomsoever he will , and setteth up over it the basest of men : and good reason to , for his kingdom is an everlasting kingdom , and his dominion is from generation to generation . if now the kings of the earth can shew as good titles for their crowns , thrones and scepters as nebuchadnezzar had from god himself , then may they also abuse their power , and play rex as he did ; but if they do not , then may they also expect the like judgment as befel nebuchadnezzar , and be driven from men by men , and their dwelling to be with the beasts of the field . but such almighty appointment being now ceased , the governed ( who now appoint kings from among themselves , ) may justly hold themselves disingaged from any slavish submission . methinks kings even now adays should take warning from this very nebuchadnezzar , who when contrary to his duty he exalted himself above his brethren ( who shall stand in an equal distance with himself before the great tribunal , where there shall be no respect of persons ) walking in the palace of his kingdam , refusing the council of daniel to break off his sins by righteousness , and his iniquities by shewing mercy to the poor , that it might be a healing of his errors , exalted himself above the height of the clouds , making himself equal to the most high ; viz. is not this great babylon that i have built for the house of the kingdom by the might of my power , and for the honour of my majesty ? lest they also when they keep no promises , no oaths , no protestations , but break or wrest , or sham them and the laws which the people hath chosen , and by which both king and people ought to govern and be governed , may come to some such fearful end . must tyrants , usurpers or lawful magistrates , oppressors , draw or deduce their power of quod libet licet over any people from god ? and shall not the governed deduce their power also of freeing themselves from slavery , from god also , and from the law of nature it self ? if god send judgments upon a nation , by permitting tyrants to rule over them for their sins , or by sending pestilence , famine , fire , sword , or wild beasts to punish them , and may they not seek and endeavour their freedom and relief from all or any such judgments , though sent of god ? and may not that nation make use of any means that providence shall furnish them withall to free themselves ; quis nisi mentis inops , will doubt it ? when ever god pleaseth to stir up the spirit of a nation , or of a cyrus , or of a zerubbabel , hag. . . or of a pul , or of a tiglathpilnasar , chron. . . in which cases vox popul● est v●x dei , they may make use of what power god pleases to put into their hands or hearts for their own relief . what more ordinary than for god to make use of kings and nations as rods to punish sinners , and then throw them into the fire ? to set up a nebuchadnezzar as his servant whom kings and nations shall serve , and after the appointed time , then many nations and great kings to serve themselves of him , which is a document to cautionate all princes , how they abuse their power , or magnify or exalt themselves above their brethren , or have humane ordinances , ( for so st. peter calls them , ) power only to constitute that which is good , and not be of force and effort to remove or remedy or redress any evil . far be it , that any nation should be so stupid as to admit such pestilent doctrines , as if submitted unto , would utterly destroy all civil life and conversation , and turn gods image into the condition of bruits , and by being governed as horses and as mules which have no understanding , with whip and spur , bit and bridle , whilst they exalting themselves above all law sic volo sic jubeo , must have its effort as well against man as beast . hath god declared that fury is not in him , that the wicked and him that loveth violence his soul hateth ? psal . . . and that he will break in pieces the oppressor , psal . . . and that great oppressors are princes that want understanding , prov. . . and hath he not promised relief to the oppressed , and that they shall take them captives , whose captives they were , and they shall rule over their oppressors , and that the lord shall give them rest from their sorrow , and from their fear , and from the hard bondage wherein they were made to serve ; and did he not break the staff of such oppressors and the scepters of such rulers , isaiah . , , , . how doth holy writ swell with examples of such his actions ? how did he baffle pharaoh that proud hector and oppressor with frogs and locusts , catterpillars , flies , and such vermin , the most contemptible of his creatures , to make him let the people of israel go , and in the conclusion made the self-same sea both a sanctuary unto israel , and a grave unto egypt , where he overthrew the horse and his rider , and all his host . if such documents , such fearful menaces , such wonderful examples of gods judgments against oppressing magistrates will not prevail with them to rule as moses , ( who uncontrolably had as great and undisputable power and authority even from god himself , as ever prince could have , ) did , who also , though he was chief among the seventy , yet did he not lord it over them , nor over the people , if such ( i say ) demonstrations of gods anger against oppressours will not prevail with kings now in our days under the gospel , to be as faithful as moses was under the law in their government , i must leave them to the king of terrors to teach them more wisdom and more piety . it can never enter into the thoughts and hearts of good christians , that ever god hath subjected whole nations to the lusts , will and pleasure of one or more tyrants , when one that is just is better than a thousand , ( tyrant kings , ) eccles . . . it hath been , and still is the custom and manner , ( not a just right ) of most eastern princes , that as soon as placed on their thrones , and established by the strength of armies , to assume and appropriate to themselves as much power over their subjects as they please . so step dame julia most impudently to bassianus the emperor , her son in law , as before ; and so acted justinian ( the greatest tyrant according to procopius that ever was , ) and his strumpet theodora , taken from off the stage to be empress , and acted more like furies than pious and rational creatures , she influencing justinian by her magick and intelligence with the devil , according to the same procopius , unfit patterns for christian emperors to imitate , but very fit for leviathan and his priestly complices to justify and live under . but if this had been the just right of kings in the sacred government of the israelites , jezabel ( another theodora ) needed not to have offered naboth a sum of money , or another vineyard , or proclaimed a fast , or to have set naboth on high , and have suborned witnesses for his vineyard , kings . . . kings are not usually so ignorant or careless of their rights . but if our malmsbury leviathan had lived in those days , he would have taught them more wit , and how that subjects are but servants to kings , and whatever they get is for their lord and king. how severely did god punish zedekiah king of judah after he made a covenant with all the people which were at jerusalem before god , to proclaim liberty unto them , the breach of which covenant , god accounted as the pollution of his name ; therefore threatned to give zedekiah and his princes into the hands of their enemies , and into the hand of them that sought their lives , and into the hands of the king of babylons army ; which afterwards he brought to pass when nebuchadnezzar king of babylon flew the sons of zedekiah before his eyes , and also all the nobles of judah , put out the eyes of zedekiah , and bound him in chains to carry him to babylon , jer. . . a sad example for kings breaking laws and covenants made with their people . hence cicero pro flacco , illi nostri sapientissimi , &c. they are our wisest and best princes , which command and interdict those things which the people approve , or not approve of . so the people unto saul , shall jonathan dye who hath wrought this great salvation in israel ? god forbid , as the lord liveth , there shall not one hair of his head fall to the ground , for he hath wrote with god this day . so the people rescued jonathan that he died not , though saul had determined it , sam , . . so ahikam the son of shaphan defended jeremiah the prophet , destined to dye by king jehoiakim , jer. . . and yet were not rebells . so the princes and centurions slew athaliah the tyranness , kings . so maccabeus secured himself and the commonwealth against the macedonian tyrants . so trasybulus destroyed the thirty tyrants of athens ; so the romans by publick consent expelled their kings , wickedly tyrannizing over them , and translated their dominion royal into consular government , and they often compelled their consuls to resign their office for mal-government ; nero and maximinus great tyrants , they judged and took away . so the electors caused wenseslaus a luxurious and idle prince , to quit his empire , and put in his place rupert , elector palatine . so dion much magnifies trajan , for that when he delivered a sword to one whom he advanced to the praetorian cohorts , said hoc pro me utere si justa imperavero , contra me , si injusta . use this in my defence , if i command just things , if unjust ; then to my ruine and destruction . so the french deposed their king childeric for his careless government , shaved him and made him a monk , and chose pepin ( master of his palace , ) king in his room . so lucius crassus , that excellent orator , unto the people at a time when he was prince of the senate ; nolite sinere nos cuiquam servire nisi vobis universis quibus & possumus & debemus ; suffer us not to serve any body but your selves all we can , which we ought to do . for though the senate governed the people , yet the people gave the senate that power for their own good and comfort . so marcus tullius proplancio , est enim conditio liberorum populorum , &c. it is the condition and priviledge of free-born subjects , especially of this people , and indeed of all nations , that by their suffrages they may add or substract from their princes what they please ; nostrum est ferre modice populi voluntates , &c. it is our duty modestly to submit to the good wills of the people . so tertullian in his apolegetico to an ethnick emperor , boklly told him , that an emperor ought not to be called lord ; augustus saith he , imperii formator ne dominum quidem dici se volebat hoc enim dei est cognomen , &c. augustus was the founder of the empire , and yet would not be called lord , because it was the sir name of god almighty , and if he be father of his countrey , how can he be lord thereof ? o , but athanasius the egyptian bishop says , that it is a most wicked nefarious thing to call kings of the earth before tribunals . what then , when the authority of men , though had in great veneration , are trumpt up to justify any opinion , without producing the grounds and reason of such their opinions , it is but magnificum nihil , makes a noise and a pudder , but neither proves nor convinces . here 's not a word out of scripture to prove it ; and in this there 's as little credit to be given to athanasius , as when at the end of his creed he boldly affirms , that that creed to be the catholick faith , which except a man believe faithfully , he cannot be saved ; a creed which many doubt whether he understood it himself , or be yet intelligible to any other ; however to place the certainty of salvation upon such mysterious expressions , believe it quicunque vult , i am sure vulgar capacities cannot reach it , and they are the greatest part of christians . so st. ambrose of a proconsul and catechumen called to be bishop of milan , is brought upon the stage to serve the same turn , either unskilfully or flatteringly interpreting , against thee only have i sinned , psal . . . who would have all people subject to the emperor , and yet the emperor be subject to him . how did he treat theodosius the emperor , forbidding him to come into the church , thereby demonstrating himself to be a novice , ( i. e. newly come to the faith , from being a proconsul and a catechumen ) in the doctrine of the gospel , and lifted up with pride , whom at last prostrate at the bishops feet , having obtained his pardon , and restored to the participation of holy duties , and standing without the rails , magisterially and sawcily told him , o imperator interiora loca tantum sacerdotihus attributa , quae caeteris contingere non licet . in this his demeanour , he shewed himself rather a high priest of jewish rites and customs , than a true bishop of the gospel , who ought to be blameless , and not lifted up with pride , lest he fall into the condemnation of the devil . i wonder in what gospel the bishop found such authority to be his right to treat emperors after such a rate . this bishop attributed absolute dominion to the emperor over others , but it seems reserved power over the emperor to his own tribe of prelates , and therefore repulsed theodosius as subject to him , saying , coaequalium hominum es imperator & conservorum , unus enim omnium dominus rex & creator . very well , the murder is now out , that mystery which the subtilty and craft ecclesiastick had long kept in the dark , the indiscreet ( to say no worse ) zeal of this otherwise pious learned bishop hath brought to light . and this very st. ambrose being commanded by valentinian the emperor to depart the city of milan , refused to obey , and being compassed with a company of armed people , he defended himself and house against the emperors commanders , and so resisted the supream powers against which he had taught . as to that place of the psalmist , psal . . . against thee only have i sinned , ( whereof before ) certainly every individual hath the same right to the same plea ; and then i appeal unto and adjure all ecclesiasticks plainly to tell us , if kings should treat their wives or daughters after the same rate , whether they do really and truly believe , that kings so treating them as david did vriah , did sin only against god , and not offend them also . surely they dare not be so confident as to assert it no offence to them , and yet such there are . if this be currant doctrine in this particular , it will as certainly hold in all other sins ; such priests as preach such doctrines , do manifest themselves to be priests of baal rather than priests of the most high god. what mischiefs such preachments have done in the christian world , let the world it self be judg ; look upon allthe courts , and lives of all emperors , kings and princes christian , and tell me if we may not very probably judge by their lives and governments , that they think their authority an immunity from all obedience to the laws of god and man ; and no wonder when such parasites and sycophants preach and print such doctrines . that evil kings are constituted by god ; be it so , and so are all other evils ; shall there be evil in the city , and the lord hath not done it ? amos . and yet the same prophet bids us hate the evil , and love the good , and therefore for that reason have they god only for their judge . what , above all laws written and unwritten , natural and divine , and by no laws to be called to account by their subjects , and be found guilty though so ? wherefore ? certainly no law of god forbids it , no law excepts or exempts them , reason , right , justice , religion , true policy and government , reprove all indifferently without distinction or respect of persons . i have not as yet read or known any law written or unwritten , natural or divine , brought to forbid the same : and why should not reproofs and censures of sin and vices and wrongs be executed against them , because forsooth , though wicked , yet are constituted of god : wretched perverse reasonings ! i have created the waster to destroy , isaiah . . are destroyers therefore above all laws ? consider well with your selves if the reasons and consequences be not the very same . how many kings in scripture constituted by god himself , have we known punished , and that by men ? are not popes ( tyrants in the church , ) after the same manner constitued by god , as prima sedes anemine judicabitur ? and yet how powerfully can the same men plead for dethroning them , and yet plead impunity for kings , tyrants ? how ridiculous is it to plead thus against baal , ( whose province is conscience only , ) to be removed out of the church , and yet tyrants over our bodies , lives and fortunes , consciences and liberties , must be continued without control . if otherwise , then kingdoms and states would be turned topsy turvy ; be it so , if for the better , why not ? if tyranny and abuse of power must still continue setled on its dregs and lees , then actum est , a dieu to all the happiness of the governed ; if things once reduced quo jure quave injuria unto an il habit or figure , must they for ever so continue without contradiction ? god forbids it , the same power ( be it in free states or kingdoms ) being devolved on one or more chosen from among the governed if abused , naturally returns unto them again , who by their good will , pleasure and suffrages conditionally conferred it on them , and they cannot devest themselves of it . power from them who injures others by the most just law , must pass unto them who suffer the injuries , for all men are equally tied by laws , than which nothing can be more just ; mortal gods to do what they list , without control , there are none among us . without all peradventure , they who have right to constitute magistrates over themselves , by devolving and deligating their own power on them , to manage and govern them according to their own laws , to see them executed according to the simplicity and sincerity wherewith they were made , without shams or tricks , or shaping or wresting them to wrong ends and purposes , which they are obliged by oaths ( the most sacred tye among mortals ) to observe . to them of necessity and of just right , doth belong the right of examining and censuring their actions , and of calling them to an account , and to deal with them accordingly . vide judicium lutheri & theologorum , & i. c. wittiber-gentium de hac questione , tom. jenens . germ. ap . , ad p. . & martyr . comm . in cap. . jud. p. . & cap. . p. , . no law forbids it , no law excepts them , reason , justice and god himself command all transgressors to be punished without respect or difference of persons . chap. xiii . duty of kings who have authority from men. the right of legislation . the law of nature is the law of god. kings accountable . the laws and practices of antient kingdoms , roman , grecian , lacedaemonian , carthaginian ; what severe laws they made against arbitrary power . if kings did rightly consider as they ought to do , their own true interest both in respect of this world and the next , they would con their high prerogative-assertors very little thanks for such their exaltations thereof , but would rather esteem them as the very worst friends they have ; for whilst they magnify kingly powers unto the skies above the laws , and are not accountable for mal-government , they thereby alarm their subjects , to awaken out of the supposed dreams of their just liberty and interest , and to provide for themselves , and to shake off the bondage of such unlook'd for servitude , wherewith they would seem to surprize them by such doctrines . and whilst they teach such infinite power to be the right of kings , they thereby render that power to be the more intollerable . whilst they teach kingly power to be omnipotent , they excite the people to throw it off , rather than to submit to so unjust domination to be the right of kings , whom they have set over themselves for their good , and comfort , and not for their vexation . as all kingdoms and republicks have their authority in these our days by the laws of men to govern , so they are obliged by the strictest bonds of divine and humane laws to manage their government in the first place to the glory of god , observing his commandments in general , to fear him , to walk in all his ways , and to love him ; then to order the government aright for the good of the governed , by well ordering of laws according to their simple meaning and true intent , without shamming or tricking , exemplary encouraging , and exhorting their subjects to honesty , piety and justice , punishing all such as trangress gods commandments , especially those of the decalogue ; for this power is not ▪ arbitrary , nor given them for their own use only , to manage as they please , but for the good and benefit of the governed , which they are obliged to do by the laws of god and man. preachments and apprehensions to the contrary , may cause even saints to be misguided and to act beside their rule , and to deem themselves arbitrators of the government wherewith they are intrusted by the true patrons thereof , and confirmed and ratified as necessary for the good of the governed by god himself ; for that over a multitude of people , consisting of many and sundry families ( as every politick society doth ) impossible it is , that any should have compleat lawful authority but by consent of men , or immediate appointment of god , who hath power over all , and who by the natural law hath made all subject . the lawful power of making laws to command whole politick societies of men , belongeth so properly unto the same intire societies , that for any emperor , prince , potentate , or captain general of what kind soever on earth , to exercise the same of himself , or to act contrary to laws made by publick consent , and not either by express commission immediately and personally received from god ( unto which it is now utterly impossible , that any just pretence can be made ) or else by authority derived from their consent , upon whose persons they impose laws , it is not better than down right tyranny . laws nor powers there can be none lawful , which publick approbation hath not made so ; and the publick power of all societies is above every individual contained in the same societies of what quality soever they be . i may confidently divine , that no people ever were , or ever will be well pleased with governours that mind more their own benefit , pomp and pride of life , than the good and solace of the governed ; it being the natural and fundamental right of the governed to deligate as much of their own power , without devesting themselves thereof , as they think fit to kings or republicks , subject nevertheless to the trusts reposed in them to be always improved and imployed for the welfare of the governed . all people generally bear and are contented with a moderate yoak , but from too heavy a bondage all naturally endeavour to free themselves by all means , though indirect . the history of nodus gordianus is applicable to all humane tyes and obligations of governments , and sometime or other will have the same fate . therefore it is very indiscreet zeal in any , and much more in ministers of the gospel , to preach up such prerogatives to be in the hands of princes , which are always prone to end in the dishonour of god , and in publick confusion . lycurgus , a spartan king , observing his neighbouring princes struggling to get all power into their hands , and thereby ruining themselves and their citizens , he thought it his wisest course to take the senate to be his consort in government , and the power of the ephori , as a check upon himself ; whereby he established and transmitted a firm kingdom to himself and his successors for many generations . likewise the moderation of theopompus , king of the lacedaemonians , who lived more than one hundred years after lycurgus , was such , that he constituted the popular government of the ephori above his own regal power , and gloried that he had left and established a more firm and durable kingdom to his children and posterity . no inconsiderable examples , if rightly considered , nor unworthy to be imitated . no law ever established one man , king , and lord above all laws , neither could they if they would . for that law which overthrows all laws , ( as such a law would do ) can be no law. can it reasonably be imagined , that the power , or rather the impotency of one man ( be he king or emperor ) can have more of divine right in him to a common evil , than the power of whole kingdoms have of the same divine right in them to a common good ? far be it from all civil societies to have such brutal thoughts ; for whilst kings are exalted above all laws ( as pulpiteers would have them , ) they thereby reduce rational men to the condition of brutes , to be brought under axes and harrows without hopes of redress . it is evident , that natures law makes no kings , nor gives any right of succession , or inheritance when made , nor any right to govern arbitrarily ; nor yet the law of reason , which bindeth reasonable creatures in this world , and with which , by reason they may plainly perceive themselves bound to submit to such laws and ordinances , as publick reason doth constitute for the good of the whole , and to prefer the good of the whole before any private good whatsoever : and therefore kings from hence cannot have any right to wrong or oppress any people , being themselves inferior to the whole . now seeing kings have no right by the law of god , of nature , or of reason , to injure or oppress any , it remains therefore , that the people are by natures law supreme ; and that by the same right by which men first associated and took counsel together how to live in peace , plenty , liberty , and to defend themselves from oppression , before ever kings were or could be set over them ; by which right also for common security , peace , liberty , justice , &c. they constituted and preferred one or more from among themselves , to preside over them for his or their singular prudence and wisdom for management above others ; by the same right they may censure and renounce the same men for negligence , wickedness , weakness of parts , or for any male-government . when a people by the law of god , of nature , and of reason , do contrive and establish a governour over themselves , it must necessarily follow , that the people are to be preferred before the governour , be he monarch or other ; and therefore there can be no right in him to injure or oppress the people , and therefore the right of the people is by the law of nature and of reason most supreme . there are no kings , nor any right of succession by any law of nature , but by the law of nature and of reason both , both may be established ; by which very laws the most prudent and most deserving have the fairest pretence , the discerning and discriminating of which lies wholly in the breast and power of the people . shew me one law of nature , or any rule of natural justice , whereby the inferior's guilty of punishable crimes ought to be punished , and the like guilty potentates ought to go scot-free : the law of god declares the contrary . the mighty shall be mightily punished . laws are not cobwebs to catch little flies only , and let bees , wasps , and hornets escape through impunè . kings by nature are no more sacred than their subjects , they are all god's anointed ; and if transgressors , are as punishable as they , by the self-same laws of god and nature . no law of god or nature authorizeth any one so to govern , as that all the governed must be subject to punishment , but the governour exempt and free from censure . it 's true that the papists have an axiome , as before , viz. prima sedes à nemine judicabitur . a position as false as hell. where such laws are in force , the laws of god and nature are infringed and violated . if kings break their oaths and their trusts solemnly made to the people , and become tyrants , the people are by his perjury and breach of trust ( without the help of popish dispensations ) discharged of their oaths of fealty and allegiance , as also by common justice and the law of nature . quem populus non vult , statim is non rex sed tyrannus est . arist . pol. lib. . cap. . the law of nature is the law of god ; between which there is a most divine harmony . consider well what laws god hath appointed for kings ; and how the people of god , both jews and christians , have behaved themselves towards kings , and at the same time it must appear , that nothing is more agreeable to the laws of nature , than to punish and remove tyrants . the law of nature and reason seated in the minds of all men , and respects the good of all men indifferently , that the strong may not oppress the weak , nor the rich the poor ; which laws cannot be made binding but by common consent ; nor any made governour to see the just and equal execution of them , but by like consent : and therefore both kings and republicks being so estated by the people for their own good , it necessarily and unavoidably follows , that the people must be the more worthy and superior ; and consequently there can be no right in any monarch or republick to afflict or oppress the people , and therefore by the law of nature the right of the people is supreme ; by which right before any kings were erected , the people first associated and consulted for their own mutual defence , liberty , peace , and happy living together ; by which right also in process of time , they did prefer some one or other from among themselves , whom they did esteem most worthy to preside ; and by the same right they did censure , or remove upon breach of trust ; nature not particularly respecting the good of one , or of a few , but of all in general . for this we have a more sure word of prophesie , even the testimony of god himself in caiphas the high priest his prophecy , that it is expedient that one man should die for the people , and that the nation perish not , john . , . which words , though in their proper signification have respect to the crucifying of christ , yet they are grounded on this natural and fundamental maxime , that the good , happiness , and interest of a nation is to be preferred before the interest , welfare , will , or pleasure of any man , king , or prince . no men can by any law of nature lay any claim to kingship or succession , it must come ab alio jure ; and that can now adays be from no other but by the suffrages and free consent of the governed . they that otherwise sit on thrones , be it by conquest , faction , craft , or any other means or artifices , are but usurpers at the best . natural and moral right may seem to favour the most prudent and just persons to sit at the helm of a state , but confer no absolute nor indefeasible right to a throne or succession : such persons best qualified have the fairest pretence to government ; but for the weak and simple , the wicked and unjust to domineer over the righteous and just , and to rule with rigour , is contrary to the law of nature : and to labour and endeavour to break off the yoak of such bondage and impery , is likewise according to the law of nature , & virtus vocatur . the people for certain were before there could be any king ; and consequently kings must be made by the people , and therefore are superior to them in some sense , according to quicquid efficit tale est magis tale : a rule as true in politicks as in naturals . produce who can , any one law of god and nature , or any one rule of natural justice , by which usurpers , tyrants , perverters of law and justice , are to be free of punishment , and yet the inferior people to be subject to punishments for crimes of the same nature . the reason and law of government , be it monarchical or republick , is equally natural . kings by nature are no more sacred than those seated in the government of republicks , who nemine contradicente may and ought to be punished , and why not kings when transgressors , their power being given them by the same persons , and for the very self-same ends and purposes , the good of the governed ? to assert the oaths and pacts of kings with their people to be obliging , and yet to be unaccountable and unreprovable for any breach of them , is with the cow to give good milk and then kick it down : at one and the same moment to make good laws , and yet to abolish and null them , which ought to have dominion over both kings and people . look into ancient histories , which strut with examples of governors , kings , and others , brought to judgment and condemned by the people , lacedaemonians , grecians , romans , &c. formal governments . victima haud ulla amplior , potest magisque opima mactari jovi ; quam rex iniquus . senec. frag. see the edict of theodosius and valens , christian emperors , codex . tit . . de authoritate juris , imperatorum pendet authoritas . the majesty therefore of cesars must submit to the laws on which they depend . whoever consults and considers the very severe laws of the romans , grecians , lacedaemonians , carthaginians , athenians , against the licentiousness , oppressions , tyranny , insolencies , &c. of their emperors , and other magistrates , they will find that they were made with all the sincerity , care , caution , and wisdom , that the understandings and wisdoms of those several countries and ages could afford , and that the breach of them were very severely punished . valerius publicola , collegue of junius brutus , after their kings were banished , made a law , that when tyrants by reason of their armed soldiers could not be brought to judgment , it should be lawful for any man to resist them by any means , and afterwards to give an account of their so doing . such like appeals and examples are common amongst most nations . ambiorix , king of the gauls , confessed , that the multitude had no less power over him than he had over them . tacitus writes of the germans , nec germanorum regibus infinita aut libera potestas erat : de minoribus rebus principes consultant , de majoribus omnes rex aut princeps auditur authoritate suadendi , magis quam jubendi potestate ; si displicuit sententia fremitu aspernatur . that their kings had no infinite or arbitrary power , &c. it is not unworthy our consideration to recount with how great severity and strictest discipline of laws , and ordiances both of the senate and common council , the romans did provide against the exorbitant , and imperious , licentious government of their kings beyond all bounds of reason . after the expulsion of tarquinius superbus , the last roman king , all the citizens of rome assembled and concluded , that their government under one , whom they called king , should for the future be settled on two , whom at first they called praetores , afterwards judices , then consules . p. valerius , who was chosen consul with l. brutus , made a law , that it should be lawful for any man to appeal from any magistrate whomsoever to the people ; esteeming such appeals as bridles and curbs to licentious governors : and some do contend , that appeals during the reigns of their kings from them to the people were in use before , and that it was so provided by their pontifical books ; which law was re-inforced again by muraena the consul , quo tempore sora & alba coliniae deductae sunt . afterward , when the decemvirate impery was annulled , the people of rome , the better to provide against arbitrary government , besides the tribunes of the people , who had the protectorship of the liberties and goods of the people , made a new law , that if any should create a magistrate without the intercession of the people or their tribunes , it should be lawful for to kill him . which duellius the consul soon after renewed by an other constitution , that whoever created a magistrate without the benefit of appeals , his back and head should pay for it . notwithstanding all these severities , yet the nobles did oppress the commons ; and therefore , as the only remedy thereof , m. valerius before the first punick war made a law , called lex valeria , which among other things did provide , that whosoever appealed from another magistrate , should not be punished either head or back . but yet the liberty and goods of the people not being sufficiently secured , but that the more mighty did oppress the less powerful ; the ●icher the poorer ; m. valerius the consul did a third time promulgate a law , with grievous punishments to those who should prohibit appeals to the greater tribunal , in so much that those who were violently oppressed and condemned , he gave the right of appeal to the people : and yet after a few years caligula on pretence that suits should not be spun out , and wier-drawn too long , did inhibite many appeals . although appeals , the chief protection of the people from injuries , was ratified by so many laws , and yet proved insufficient thereunto ; therefore martius censor made a law in behalf of the people , that no man should be preferred twice to those higher places . and then fab. maximus in favour of the people ordained , that no man should in ten years be admitted to the same place and authority . then l. sylla by a law forbade any man under great punishments to be a praetor before he had been a quaestor : or consul before he had been a praetor , and the same man not to be advanced again into the same place within ten years , deeming the frequent exaltations into powers would make the powers not to be endured ; which law was afterwards extended unto twenty years . there were many acts also of the common council extant , by which it was provided , that no man should bear two magistracies , especially that of the curulis , in one year ; neither the plebaeian , nor the patritian . and all magistrates were before admittance to be sworn ; and not to stay therein above five days except they were sworn ; and if they carried themselves proudly and insolently in their government they were to be cast out ; the first of such was tarquinius superbus : afterwards ( kingship being banished ) sergius and virginius , tribune consuls , and cn. manlius and servilius cepio , pro-consuls , the senate for their male-government caused them to quit magistracy , and to lay down their ensigns thereof before the time appointed : which c. gracchus by another ordinance of common council confirmed , and also provided , that if any one was discharged of his magistracy for unworthiness , was thereby rendred uncapable of future preferment to the like , neither were the greatest commands to continue if they transgressed on the liberty or right of the people . magistrates and honours in the government were forbidden to be continued above one year by the lex annaria : but julius caesar by a law established , that the praetorian provinces should not continue above a year , nor the consul above two years . tiberius did not easily take away honours from them , on whom he had conferred them , presuming that the fat flies would not pill and pole the people so much as the lean . and when their magistracy was ended they were not to expect a successor till thirty days were expired by the lex cornelia , and then they were to render an account of their government by the lex julia. and therefore we read of many consuls and praetors condemned after their government ended . among the grecians we find that he that could not give a good account of his stewardship , alogii teneretur . among the athenians it was so provided by a law , that the governors of their commonwealth , yea , and their very priests were subject to render an account thereof to the people . the carthaginians forbade their governors wine during their government , lest thereby they should be deceived . among the thebans there was a law , that no man should be a governor of the publick that had not given his trade over ten years . the bythinians , that no man under thirty years old should be admitted a publick governor ; which augustus reduced to twenty two years old . and if at any time , after their magistracy was ended , they refused to resign their empire to the successor , or would continue to have the fasces carried before them beyond the just time , it was a capital crime against the people . the like was among the thebans . and yet it is recorded , that epaminondas the theban , studying the good of his country , did continue in his praetorship , and refused to deliver up his army to his successor , designed at a time when he had by force of arms torn the lacedaemonians to pieces , and civil wars , lest if he had quitted his praetorship , his former successes had been frustrated ; for which being condemned , the people notwithstanding by common consent absolved and quitted him . so severe was the discipline of the carthaginians , that if the emperor or captain general had followed ill counsel , though the success proved happy , yet was he to die the shameful death of the cross for it . the romans when their captains had through rashness or unskilfulness lost a battel , they were fined , and banished . by the law also first made by valerius publicola , it was provided , that whoever received not their impery or magistracy from the people should lose their heads ; which also was observed by the athenians , who admitted no magistrates but who were chosen either by lot , or publick or common suffrages . so great was the care , industry , and endeavours of the ancients to prevent the insolency and oppression of magistrates , as to bind them up by strictest laws and oaths . a. a. a. lib. . c. . p. , . it may be true what some authors have asserted , that at the beginning of the roman state there were no laws made by the common prescript of the people , but what their kings or generals of their armies did prescribe , that was to be taken and observed for law. the cause might be reasonable , for that they having the power of the army they might force obedience as they pleased , having by that means the command of punishing , and rewarding ; and also of hearing and determining the causes , complaints , criminations , &c. of the citizens . in process of time this imperial and tyrannical government found some redress from romulus and other kings by the leges curiatae ; but more especially by servius tullius , in which , though the people were not consulted , yet the senate was : and thence they were called leges sacratae ; by which their kings also were bound . which at first being made without any due or regular order , they were collected and reduced into order by papyrius , and then that collection was called jus papyrianum . but when kings would not be bound by those laws , and therefore were banished , then the right and power of legislation was conferred on the consuls and annual magistrates ; and whilst it lasted , by the advice of the senate , the laws were brought to the people for their stamp ; which being obtained , they remained firm and uncorrupted . et quodcunque postremum populus jussit id jus ratumque tabb . lege sancitum est , v. calv. dict. . neither the consuls only , but the dictators , the praetors , the aediles , the censors might make laws for the people , which being proclaimed by the command of the people , were established ; and therefore all from the highest to the lowest were bound to the observance of them : but if the people did not approve of them , or the senate did not receive them , they were then of no force . the cryer by the authority and command of the dictators , consuls , or praetors , brought the laws to the people , the scribe also going before , and subjecting the same to the people , it was then confirmed ; and that which by that law was provided for , the people were made the author of , and being made and proclaimed and engraven in brass , and laid up in the treasury of the rolls or records , it bound all , high and low , rich and poor , so firmly , that if any one did any thing contrary thereunto , it might appear on record , that it was done contrary to right , and the transgressors might justly be mulct or fined . but if any thing were to be added or substracted to the same law before it was proposed in the market-place , and before it was ingraven in brass , it might easily be done , afterwards not . but if any one otherwise well deserving person of the publick , were to be indulged for the breach of some law , the senate desiring , and the people commanding , he might be absolved after the manner of the lacedaemonians . but alexander severus the emperor would make no law sacred without the council of twenty of the ablest civil lawyers , and fifty of the other most prudent persons first had , which ordinance the antients distinguished into jus & fas : the jus had respect to things humane and temporal , fas unto things divine . but it is observable , that not only the laws published by the consent of the people were sacred , but also the orders made by common council , and by the senate , edicts of magistrates , the authorities and responses of the lawyers , and the decrees of princes , and cases already adjudged to have the force of laws in which all civil right consists . there were also plebiscita , laws of the common people , which upon the demand of the tribunes of the people , had the force of laws ; for quintus hortensius , when the commons of rome had withdrawn themselves into janiculum ( a town beyond tyber , ) made a law , that those things which the common people had commanded , all the quirites , the roman citizens should be obliged by , and observe ; which law l. valerius and m. horatius had granted centuriatis comitiis , i. e. to the general assembly of the people of rome , assembled to treat of common affairs . there was great difference between plebiscita , orders made by the common people , and the laws : for the plebiscita , the tribunes demanded those things which did belong to the people ; but the laws either consul or praetor or other magistrate advising rogabantur , were demanded whether they should be ratified or not . they made also a difference between populus , the citizens of rome , and plebs the common rout ; for that among the people were patricians , senators , and the nobility , but among the rout there were no patricians . notwithstanding , whatever the people commanded , was not always to be ratified , because whatever was not just , the people might not command . the counsels of the senate , though they were not brought , yet if the tribunes approved thereof , and would have them ratified , they obtained the force of laws . the edicts and interdicts of praetors also sometimes , and under some qualifications , had the force of laws , which were intituled jus honorarium , which were taken away by the lex cornelia . also the responses of wise-men went sometimes for currant . likewise the ablest and wisest lawyers were esteemed and used as the best interpreters and judges of the laws , which some say was granted to them by augustus ; others as confidently affirm they had it not from augustus and other princes , but of antient custom and right long before . but caligula ( that monster and enemy of mankind , ) caused all the decrees of the lawyers to be forbidden , and no body but himself to be the interpreter and judge of them . at least , the decrees and constitutions of princes went for currant law : for when caesar and the following emperors had obtained the chief empire , and they only gave laws , and all the right and power of legislation was rent from the people , lege hortensia , and was given to the caesars , so that their wills and their decrees ( without the counsel or consent of the people as formerly , ) had the force of laws , contrary to the laws of god , nature and reason : caracalla being fully possessed of this exorbitant power , used it accordingly , who first killed his own brother geta ( who had equal share with him in the government by the appointment of severus their father , ) and then caused the great lawyer papinianus to be put to death , because he would not defend that barbarous act of his before the senate , alledging for his justification , that it was easier to commit parricide , than defend it ; but afterwards this caracalla was contented more majorum , to have him canonized . divus , modo non sit vivus , to deify him ( being dead ) in another world , rather than to have him a living co-partner with him in the empire . on the contrary , trajan ( that most excellent emperor , ) being possessed of the same power , and having published some private and special laws , or indults for great merits ; and understanding that some relying thereon , made ill use thereof , by drawing them into example ; and fearing lest contrary to the laws and customs of the antients , they should be drawn by application unto wrong causes , and being brought into judgment and courts of justice , or pleadings as precedents , they should pass for laws , he refused afterwards to answer plaintiffs or defendants , by any writing or libel of record , lest thereby pernicious examples , and as it were seminaries of ill might spring from thence . antiochus had so great veneration for the laws , that by his publick edicts he did declare , that if he had at any time decreed contrary to law and right , it should not be obeyed , but should be freely opposed ; by whose example agesilaus would be obliged by no promises that he should make , but on condition , that they were just . at what time the common people did choose their magistrates ( whom they always accounted as sacred ) in the sacred mount , it was provided by a law , that it should not be lawful for any patrician to apprehend or disturb any of them : and not without cause ; for when against the power and insolencies of the patricians , the common people did assemble to choose tribunes as champions and defenders of their laws and liberties , to hear complaints against the patricians , it would be very unjust , that in that , in which the people did choose their defenders to the height and pitch of honour , they should admit those who were most adverse and shagreen to their liberties and franchises . they esteemed their tribunes as the ephori among the lacedaemonians , advanced and delegated to that office , to curb the insolencies of the spartan kings , lest they should abuse their power to the prejudice of the people . theopompus a spartan king , instated five of his friends to be ephori , as his auxiliary ministers in his government at home , when he went abroad in person with his armies ; though it was provided by the laws of sparta , that their kings should not go out in person with their armies : which ephori in process of time , came to have so great a power over their kings , that they directed them what they were to do , and also were censors of all they did , insomuch that they called archidamus to account , imprisoned him , laid a great mulct upon him , and at last took his life away . the like they did to pausanias and agis , lacedaemonian kings , and were so terrible , that they erected timoris sacellum , a chappel of terror ; which ephori , together with their kings , did take oaths every month that they would observe the laws of lycurgus , and preserve the kingdom in peace . in tract of time they grew so insolent , that cleomenes broke their empire , and restored the kingly power . it was not lawful for any patrician to accept of being a plebeian magistrate ; and volero , tribune of the people , ordained by a law , proclaimed with the consent of the plebeians that the plebeian magistrate should be made without the patricians , and only the plebeians admitted to the tribunitian councils . and though formerly to be dictator , consul , praetor , or censor , none but patricians were to be admitted ; yet afterwards the patrician magistrates were to share and communicate with the plebeians . so sextius primus , of a plebeian was made a consul , which then was ratified , lege licinia , which c. licinius and l. sextius , tribunes of the people , proclaimed , that the consulship should be common with the plebeians . q. also , p. philo , and cl. licinius stolo , plebeians , the one did bear the office of pretorship , the other the master of the horse , with the patricians . moreover the dictatorship ( in which was placed the greatest glory ) and censorship , we find to be in common with the plebeians . for both m. rutilius the first dictator and censor , then q. pompeius , and q. metellus were both made censors from the plebeians ; which law philo the dictator is said to have made . all the patrician magistrates , even those also of the pontisicates and priests , were made , the plebeians being first consulted . in summ , so great was the honour of tribunitian power , that the people of rome gave it to octavius augustus , and then to the caesars , as a special remark of favour . yet it must not be omitted , that though the consuls and praetors might be called to account by the tribunes of the people , yet caesar by the right of his sacred power , was free from all power of the magistrates . but notwithstanding , if he did abuse the power so conferred upon him , or should diminish , or infringe the rights of the people , or if he did intercede or forbid , or compel when or where he ought not ; or if he did enterprise or endeavour any thing against the good of the people , he might be summoned by the consul or tribunes of the people ; and if found guilty , he might by their suffrages be degraded and punished ; and then he was no more accounted sacred , but prophane . when nine tribunes of the people , with sp. crassus , lest magistrates ( more majorum ) should be substituted , did conspire and confederate against the liberty of the people of rome , pub. mutius , a tribune of the people , did not only put them out of their tribuneship , but by right and law did punish them . and tiberius gracchus ( the major part of the tribunes approving , ) deprived octavius ( his colleague in the tribuneship ) of his power , for that contrary to the good of the publick , he had interceded or opposed himself . the words of the law by which the tribunes of the people are made sacred , are tribunum invitum , tanquam unum è multis , nemo cogito agere , neque verberato , neque alteri ut verberet imperato , neque occidito , neque occidi jubeto : si quis autem prohibitorum horum quid fecerit , impius execrabilisque esto , bonaque ejus publicato ad sacra cereris , & qui aliquem haec agentium occiderit , caedis expiatus esto , . . lycurgus a spartan king , and of antient kingly race , ( famous and celebrated for good government , and for making wise and good laws , ) designing to establish kingly power upon a more sure foundation , he thought no way so good and so proper ( as plato hath observed , ) as to constitute a senate or ephori , i. e. the power of the people , greater than that of kings . so thought theseus euripideus , king of athens , who having vindicated the liberty of the people of athens to his great glory , did estate the popular power above the kingly , yet nevertheless , left his kingdom to his posterity . all wise and civilized people have ever esteemed the laws to be king , which it cannot be except it hath power over kings . ann. dom. , in the time of theodosius d , and valentinian d , florentio , dianysio and coss , upon complaints made concerning appeals , it was answered , that saving the reverence of our majesty , we do not disdain to have equal law or justice with private persons . l. ult . de appell . & consult . cod. th. abest a. cod. just . and suitable to this was the answer given to the messengers of africk , by a law directed to volusianus the praefect ; viz. it is a resolution worthy the majesty of a prince , to own himself bound up by the laws ; so much doth his authority depend upon that of the law ; and indeed it is a thing greater than empire , to submit the princes power unto laws , and by the oracle of this present edict , ( so it concludes , ) that which we do not permit to be lawful to our selves , we declare to others . l. . de leg . cod. just . lib. . tit . . so just and temperate was the government of the romans under theodosius and valentinian the third . kingly power so tempered , may very well consist with the liberty of the people . it was so tempered and used with the spartans , thebans , athenians , sicilians , and others . when all power is given by the people to kings , whereby they obtain that title , yet it is given in trust for them , for the safeguard and wellfare , and not for the destruction or prejudice of the people , to have the benefit and freedom of their laws , and not be slaves . o , but after this rate , kings reign not by god's , but by the peoples appointment ? very true , for no kings now reign by gods personal appointment , but by his approbation and allowance only , as all other governours do ; and as if god did not so govern the people , that the people conferred kingdoms according to the good will and pleasure of god almighty . though the people of rome by the lex regia , gave their power to romulus their first king , yet did they not thereby give up themselves to be slaves ; for among the same laws , they had their laws also in favour of themselves . and the emperor justinian in the very institutes acknowledgeth , that the caesars reign according to the lex regia , by the choice and suffrages of the people , populi suffragia sunto : magistratus creanto : leges sciscunto : pacem bellumque jubento . and among the fragments , the first law is , jus populi & fuffragia sunto , quodcunque postremum populus jussit , id jus ratumque , tabul . lege sancitum est . v. calv. . . when proud tarquin bestroad the throne , and violated all the wholsome laws of servius , and contemned all the laws of his predecessors , reducing all to lust , will and pleasure , they soon expelled him , and changed their kingly government unto consular , and chose brutus and valerius for their consuls , who restored the laws , and others restoring the people to their antient and just rights ; such were leges valeriae , sacrariae , iciliae and others ; all which did respect the publick good , one whereof made by valeria , ( brutus being dead , ) was , that there should be an appeal to the people against all magistrates administring wrongfully , and that none should command in rome , but they on whom the people should confer power so to do , who with their goods were to be accounted sacred ; and if any did usurp such power without their consent it should be capital , calv. p. . such a kingdom is by aristotle called most properly a kingdom , which was among the spartans ; where notwithstanding the popular power was above the kingly , which cannot be denied , where the people paid all homage , duty , honour , and respect to their kings , though the power remained with them , which they did not ordinarily exercise , yet on just occasions resumed and obtained it . it is objected that the people having once delegated their power to kings , forfeit it , neither can the people resume it ; yet these that thus object , do confess , that the people may resume their delegated powers from any other kind or form of government . but what makes the difference , is past my understanding , when kingly and all other governments receive their ▪ power from the people on conditions , and which they are sworn to observe and keep ; and why that power which is only fiduciary , and become forfeited for mal-government , should not return unto them who delegated it , as well from kings as from consuls , senates , tribunes , duumvirates , triumvirates , decemvirates , ephori , or any other form of government , is past all understanding . it is also scornfully objected , this is to be a duke of genoa , a duke of venice , not a king. they who have so mean conceits of such governments , ( which in reality are as much approved and allowed by god as kingly , even by the same scripture , ) are not worthy to preside in any government . if the opinion of the millenaries be true , and christ shall come and reign upon the earth years , will he not do all things for the good of the governed ? will not his eyes be on the faithful of the land , and on them that excel in virtue ? will he not hate the works of them that turn aside ? will he know a wicked person , except to condemn him ? will he suffer them that have high looks or proud hearts ? will not his eyes be on the faithful of the land , that they may dwell with him ? shall not they that walk in a perfect way serve him ? shall they that work deceit dwell in his house , or they that tell lies tarry in his sight ? and will he not destroy all the wicked of the land , and cut off all wicked doers from the city of the lord ? and cannot kings do the same , whether their power be absolute from god , or delegated from the people ? hath not christ been among us already as him that serveth , and shall his vicegerents think it below them to be like their master ? were it not the most desirable condition in the world , for kings christian to be so seated on thrones , as it could not possibly be in their power to do the least injury to the meanest of their subjects , and yet do good to all ? would not this be a condition acceptable in the sight of god and man ? would not they thereby become deliciae humani generis , as once titus was ? will nothing please but quod libet licet , their wills and pleasures to be their laws ? that justinian-like , when instigated by an imperious , whorish , comedian theodora , they may securely commit outrages and cruelties sans nombre ; or when tickled with a dancing herodias , shall take off any head , though of a john baptist ; or when in the midst of adulterous embraces , shall betray the strength of a nation to a dalilah at pleasure , and all these uncontrollably ? when the romans had cashiered proud traquin their king , and in him kingship , they delegated their power on two consuls , to be check one upon the other , that if one exceeded or abused his power , he might be curb'd by the other ; and though both should agree to usurp or extend the power given to the prejudice of the people , yet both consuls and all other magistrates were to be obedient to the senate , whenever the patricians and people thought fit , which was always had in esteem as the peoples champion and defender of their rights and laws , tull. orat . pro sestio . the like subject were the decemviri , and all other the magistrates , to the senate , insomuch that sometimes the counsuls were esteemed enemies before they quitted their consulship , and the senate took arms against them . so war was raised by the authority of the senate against anthony the consul for his misdemeanors during his consulship . on the contrary , trajan that excellent emperor , ( believing him to have been sent from heaven to redeem them from the slavery of former tyrants , and to restore unto them their antient liberties , ) when he gave the sword ( the ensign and badge of majesty and power ) unto saburanus , praefect of the praetorian cohorts , saying , accipe hunc gladium , pro me si recie agam , sin aliter , in me magis , quod moderatorem omnium vel errare minus fas est . use this sword for my defence , whilst i govern as i ought ; if otherwise , to my destruction . comite cestriae gladium sancti edvardi , ( qui curtein dicitur ) ante regem bajulante , in signum quod comes est palatii , & regem , si oberret , habeat de jure potestatem cohibendi , suo sibi , scilicet cestrensi constabulario ministrante , & virg● populum , cum se incrdinate ingereret , sub●rahente , matth. paris . lib. . p. . n. . at the marriage of henry iii. king of england , with elianor , daughter of raymund earl of provence , the earl of chester carried the sword of st. edward ( called curtein ) before him , in token that he was master of the palace , and that he had publick authority to curb the king if he erred . the same ensign of publick authority is continued to this very day before the kings of england . king charles ii. at his coronation being set in a rich chair under a glorious cloth of state , sir gilbert talbot knight , master of the jewel-house , presented the sword of state , also the sword called curtana , and two other swords , to the lord high constable , who took and delivered them to the lord high chamberlain , and laid them on the table before the king. the like powers had the masters of the palace in france and other countries . it is plain , that though that great and just emperor traj an had so great power conferred on him , yet was so just as to appoint a judge , ( though inferior to him ) over his actions : how much more just therefore was he , when he , superior in power ( having all the armies and conquests at his beck , ) and consequently could not be forced to obey the senate or people , yet would do it in respect of his office and duty to his delegators , and thereby acknowledge them to be his superior : of whom pliny in his panegyrick saith , that senatus ut susciperet quartum consulatum & rogavit & jussit . which are words of command , and they that might command , might judge and censure . so marcus aurelius the emperor , when cassius the praefect of syria endeavoured to deprive him of his kingdom , offered himself to the judgment of the senate and the people of rome , as it should seem best unto them . now , who could better judge of kingly power than such just and upright kings , and in their own cause ? certainly , by the law of nature , all good kings have the senate or the people both for their peers , and superiors , in some kingdoms , though tyrants ( hated both of god and man ) will neither have superior , nor peer . as of old , laws ( the law of nature guiding ) by force were devised , so when laws came to be despised and slighted , by the same law of nature there must recourse be had unto force again : so to think is just , and prudent : so to do , is true courage ; so to think and do , is the height of a prudent vertue . this remains indelible in nature , that the senate , or people are always superior in some countries to kings good or bad : the reason is natural , for that the people do transfer their own power ; or , ( to speak yet more properly ) the use and exercise of some of their own power unto kings ; the power it self still virtually remaining in themselves ; of which they cannot so totally devest themselves , but the spring and fountain thereof will still remain in them ; which is demonstrable , for that in making laws their consent is still required as absolutely necessary . the nearer we approach and imitate natures laws , the more demonstrable is the power of the people above the power of kings ; their power being only derived from the same people , as a stream from the fountain . it is as evident that the people if free do not simply , but hypothetically transfer their power unto kings , neither undeed can they by the law of nature , but only conditionally , and for the sake of order , of common justice , peace , and liberty ; from which if kings do deviate , it is always to be understood , that the people have transferred no such power ; and indeed transferred nothing , because they transferred it only for certain good ends and purposes , nature so guiding ; which ends if frustrated or perverted , the very pacts and delegations themselves are ipso facto voidable ; nay , void at the pleasure of the senate or people : and therefore the people must consequently be superior to kings , who though singulis majores , yet in true construction of law and equity are universis minores . in a popular state , it is generally acknowledged that magistrates placed by the people may be censured by the people : and in an aristocracy by the optimacy : and yet it 's held monstrous that kings should be called to account in some countries ; which , if true , concludes thus much certainly true , that they are more than brutishly foolish ever to admit of any such government , which most certainly renders them slaves at the will of kings . how comes it to pass that kings only of all other governors must reign unquestionable , uncensured , uncontrolable ? do men born under such a regiment naturally become so desperately sottish and bruitish as to love slavery better than freedom ? why do they then prescribe them laws , and conditions of governing , and oaths for the more certain performance of them at their first admittance ? that they might with the better grace jeer , and scorn , and enslave them ? or , that they only of all the sons and daughters of men , might have liberty to break laws , and perjure themselves impuné ? or be left only to the judgment of the great day ? where 's the great difference and distance between kings and popular magistrates , title only excepted ? which title the very people gave them for the better grace , adornment and majesty of their own government . the same power and authority is transferred unto kings , and unto popular magistrates by the people ; both one and the other sworn alike to observance of the laws ; and the obliged to obey not one nor the other any longer than quamdiu id bene gesserit ? who makes the difference ? if any , god hath already decided it on behalf of the popular magistracy by his own example , who of his own infinite wisdom , authority , and goodness towards mankind , instituted judges as the best form of government ; but appointed kings in wrath , and anger , and indignation , and at the foolish instance of a froward and rebellious people , and as a punishment on them who had rejected him and his government , and rebelled against him ; whereby it is manifest , that kingship was first ordained as a punishment , not as the best government . to assert absolute dominion to be in kings from the example of fathers and of masters of families , hath no ground in nature , scripture , reason . aristotle in the beginning of his politicks condemns that opinion , of there being but little difference in the similitude between a kingdom and a family . regnum à familia non numero solum , sed specie differt . for fathers beget their children . and the people beget or create their kings , and not kings the people . and fathers provide for their children , but the people provide for kings , not only for their necessaries but for superfluities , for their magnificence , and for their grandeur : and according to diodorus o. kingdoms of old were wont to be given not necessarily to the sons of kings , but to them in whom did appear most apparent signs and tokens of love and kindness towards the people , and of common good . so justin , principio rerum , gentium , nationumque imperium penes reges erat , quos ad fastigium hujus majestatis , non ambitio popularis , sed spectata inter bonos moderatio provehebat : whereby it plainly appears , that paternal and hereditary impery subscribes and is subservient to virtue and to the right of nations . which original of kingly dominion , both reason and cause , are most especially natural ; for which very cause and reason men did first assemble and agree on a government , not that one should insult and domineer over all the rest , but whosoever did injure another , there should be a law and a judg amongst them for the defence and recompencing the injured . primus rex agis ab ephoris est morte mulctatus , . ob. rex non est , nisi unus sit & unicus . if so , then many that were kings of england , were not . to let pass many of the saxons , who had many peers in their government either sons or brothers . it 's manifest that hen. ii. of the norman race , reigned with his son. consentire vultis de habendo ipsum regem ? . quod opus non foret si regnum jure esset haereditarium , apud reges usurpatio pro jure saepissime obtinet . in the creation of our kings , the archbishop asks the people four times , consentire vultis de habendo ipsum regem ? after the roman custom , vultis , jubetis hunc regnare ? of which there was no need , if the king had an absolute independent right of inheritance . therefore as william the conqueror took an oath of allegiance from the people after the battel of hastings ; so the people took his oath that he would keep faith with them , &c. after which when he broke his faith with the people , they took arms again ; then he most solemnly swore again , that he would observe and keep the ancient laws of england : if he tyrannized over them , it was not jure belli , but jure perjurii . and when he died , he declared , neminem anglici regni eonstituo haeredem . lib. cadomens . inde jus belli , & jus haereditarium cum ipso mortuo gulielmo sepultum est . rex non potest facere injuriam , quod scelerate interpretantur , non est injuria quod facit rex , quia in eo non punitur . if it be demanded by what authority kings may be indicted and censured ? it 's answered , by the same authority , by the same men , and the same laws that delegated their power to create them king ; and that by the self-same reason . kings have no power but what they have received from the people , and therefore they must have power over kings : and by the law of st. edward , kings not governing righteously lose the very name of king , and it denies him to be a king. it is never to be forgotten , that in the beginning all power did flow from the people , and still doth ; which tully excellently demonstrates , de lege agraria . cum omnes potestates , imperia , curationes ab úniverso populo proficisci convenit , tum eas profecto maxime , quae constituuntur ad populi fructum aliquem , & commodum , in quo & universi delegant quem populo maxime consulturum , & unusquisque ' studio & suffragio suo viam sibi ad beneficium impetrandum munire possit . seeing all powers , commands , curations ( i. e. potestas seu munus administrandi bona ) do proceed and flow from the people , then those more especially which are constituted and do respect the good and benefit of the people , in which the universality do chuse them whom they judge will most especially study and procure their good ; and every one by their study and suffrage may have easie access to obtain justice , and favours . and all lawyers do agree and hold , that all laws repugnant to the laws of god , of nature , or of reason , are not to be accounted as laws . and whereas the power of judging was originally in the people , and the english by no lex regia , have at any time transferred it out of themselves , no king of england hath been wont , or hath power , to judge any man , unless by the known and approved laws , fleta lib. . c. . what power kings have are given to them by the people , that they may know by the authority to them committed , that they may do nothing contrary to the law , and keep our laws , but not impose their own laws on us ; and the kings power is really and truly in the courts of law , wherein the people by their juries have their share also . and their chief power is in their senates , and parliaments , who have a right and authority over all courts and powers ; in all which courts kings may both sue and be sued , and the reciprocal causes to be indifferently tried according to established laws . if at any time kings act any thing contrary to laws , they act then as private men , or as tyrants , and not by any authority transferred on them by god or man , so to do . hence bract. l. . c. . non est rex ubi dominatur voluntas , & non lex , &c. . . c. . rex est dum bene regit : tyrannus dum populum sibi creditum violenta opprimit dominatione , &c. ibid. exercere debet rex potestatem juris , ut vicarius & minister dei ; potestas autem injuriae diaboli est , non dei. cum declinat ad injuriam rex , diaboli minister est . as nothing contrary to the laws of god and reason can be accounted a law , so neither can a tyrant be a king , nor a minister of the devil be a minister of god ; seeing therefore law is but the product of right reason , and obedience is due to kings as the ministers of god ; so by the same reason and law , tyrants and ministers of the devil may be censured and resisted . either the people to be governed have a right and power to chuse their own governor , or they have not . if they have not , then kings chosen by them are not kings , but usurpers and oppressors . if they have power to chuse , then they have power to oblige him to what conditions they please , and to keep them ; and , if they fail of performing , then they are free of the covenant , as it was between rahab and the spies . finis . errata . page . line . dele it . ibid. l. . for iliad r. myriad . p. . l. . f. doth only r. not only . ib. l. . f. the way r. the right way . p. . l. . f. our r. your . ib. f. black-guard r. peasants . p. . l. . dele and. p. . l. . f. this , r. those . p. . l. . f. zalencus , r. zaleucus . p. . l. . r. st. edward . p. . l. . r elegerit & alibi . ib. l. . r. martyrs . p. . l. pen. f. the , r. thy . p. . l. pen. dele to . p. . l. . dele in the posterity of . ibid. l. . f. did , r. should . p. . l. . f. taking r. taken . ibid. l. . dele hundred . p. . l. . f. timens , r fabius . ib. l. . r. fabius . p. . l. . f. or , r. and. ib. l. . f. never , r. ever . p. . l. , r. commonwealth . p. . l. . dele obj. p. . l. . f. necesset , r recesset . p. . l. . r. elegerit . p. . l. . r. perfectiora . p. . l. . r. differemus cui quam . p. . l , . dele we . p. . l. . f. magis , r. majes . ib. l. . r. saies . p. . l. . f , him , r. them . ib. l. . r. proscribed . p. . l. . dele the second no. p. . l. pen. f. beareth , r. bear . p. . l. . after yet , r. god. p. . l. . r. prepossessed . p. . l. . f. ye , r. yea . p. . l. . f. his . r. their . p. . l. . in the contents , f. returns , r. return . ib. . in the chapter , f. was , r. were . ibid. l. . f. lawful , r. unlawful . p. . l. . f. proplancio , r. pro plancio . p. . l. . r. is seated . p. . l. . f. florentio dianysio and coss . r. florentio & dianysio coss . ibid. l. . f. valerius , r. valeria . notes, typically marginal, from the original text notes for div a -e in ● printed ● . notes for div a -e arlstotle , pindarus , tu●●y , plato , & alias . lex regia . v. dr. sherrock , c. . n. . p. , . lex p. vallerii . . martii fab. maximi scyllae . c. gracchi plebiscitum . lex annaria , &c. vid. a. a. a. lib. . cap. . p. . a sermon preached before the lords spiritual and temporal in parliament assembled in the abbey-church at westminster, on the thirtieth of january, / / by the most reverend father in god, john, lord arch-bishop of york. sharp, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before the lords spiritual and temporal in parliament assembled in the abbey-church at westminster, on the thirtieth of january, / / by the most reverend father in god, john, lord arch-bishop of york. sharp, john, - . [ ], p. printed by j. leake, for walter kettilby ..., london : . reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- sermons. bible. -- n.t. -- titus iii, -- sermons. government, resistance to -- great britain. obedience -- religious aspects. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the lords spiritual and temporal in parliament assembled , in the abbey-church at westminster , on the thirtieth of ianuary , / . by the most reverend father in god , iohn lord arch-bishop of york . london , printed by i. leake , for walter kettilby , at the bishop's-head in st. paul's church-yard , . titus iii. i. put them in mind to be subject to principalities and powers , to obey magistrates . you all know what kind of argument this day calls for . for by the design of keeping it , the business that the preacher hath to do , is to press obedience and subjection to the government we live under , and to preach against faction and rebellion . and accordingly it is prescribed in the rubrick of this day 's service , that if there be a sermon at all , and not a homily , it shall be upon this argument . it is very well that authority hath taken care , that at some solemn times we should preach upon this subject in a more solemn manner . because though it be as needful as any , yet there are some among us that think it a very improper theme for the pulpit . i must confess i had an eye to this suggestion , when i pitch'd upon these words which i have now read to you : because i think there is something to be observed in them which will effectually confute it . st. paul here lays his charge upon titus , that he should put the people that were under his care in mind to be subject to principalities and powers , and to obey magistrates . two things i would here consider . first , the person that is order'd thus to put the people in mind : and secondly , the thing that he is to put them in mind of , which is , subjection and obedience to principalities , and powers , and magistrates . i begin with the first thing , the person to whom st. paul writes this epistle , and to whom he gives it in charge that he should put the people in mind to be subject . who was this person ? why it was titus , an ecclesiastic , a bishop , a preacher of the gospel ; not a lay-man , not a magistrate , but a pure church-man . what can be more plainly gathered from hence than this ; that it is not foreign to a clergy-man's office to preach obedience and subjection to the government ; but , on the contrary , a part of his function , a necessary duty incumbent upon him to do it . if any man affirm otherwise , he must either say , that st. paul did not rightly instruct titus in his office , but enjoined him to do that which he had nothing to do with : or he must shew that the case of titus was different from that of the ministers of the gospel at this day . neither of which things can , i believe , be easily made out . and yet into such times are we fallen , that it is taken ill by many , that ministers should in their pulpit-discourses meddle with these matters . i must confess i think , that of all men it most concerns a minister of religion not to be a busie-body , or a medler in other mens matters . for in truth he hath work enough to do of his own ; and such kind of work too , as , let him behave himself as inoffensively as he can , will create him difficulties and enemies enow . and therefore it would be very imprudent in him to usurp other mens provinces , and to burn his fingers where he needs not . especially considering that the success of his labours and endeavours among the people doth in a great measure depend upon the good liking they have of him . but what is it that gives offence ? or what is it that renders this argument we are speaking of so improper a subject for a clergy-man to treat of ? why , several things are pretended , and i shall name some of them . first , it is said , that the work of a clergy-man is to instruct men in christ's religion , to preach against vice and sin , and to preach up holiness and good life , and mutual love and charity : but what has he to do with state-affairs , as matters of government are ? i answer , he hath nothing indeed to do with them : but his only work is to make men good christians , by endeavouring to possess them with a hearty belief of our saviour's doctrines and promises , and persuading them to a conformity in their lives to his precepts . this is our proper work , and this is that we ought to attend to all the days of our life ; and with government ▪ and state affairs we ought not to meddle , in our sermons especially . but then , after all this , it doth not follow , but that we are all bound , as we have occasion , to preach up loyalty and obedience to our governours . for this is no state affair , but an affair of the gospel . we cannot instruct men in christ's religion , without instructing them in this . if indeed it was an indifferent thing to a man's christianity , or to his salvation , whether he was a good or a bad subject ; then indeed it would be as indifferent to a preacher , whether he insisted on these things to the people : but it is not so . one great branch of christian holiness , as it is declared in the new testament , is , that every man demean himself quietly and peaceably and obediently to the government he lives under , and that not only for wrath , or fear of punishment , but also for conscience-sake . and this is made as necessary a condition of going to heaven , as any other particular vertue is . and therefore if we will instruct men in christ's religion , and in the indispensable points of holiness required thereby , we must instruct them in this also . one great vice and damnable sin , that the religion of our lord has caution'd against , is the sin of factiousness and rebellion . and therefore , if it be our duty to declare against the sins and vices that are contrary to christianity , it is our duty to declare and caution against this also . lastly , we do readily grant that a great part of our office consists in most affectionately recommending and pressing the necessity of mutual love and charity . but if this be necessary , is it not more so , to recommend and press obedience to authority , without which , mutual love and charity cannot possibly subsist ? that being the common ligament of them ; and take away that , we should be no better than bears and tygers one to another . but it is said , in the second place , that preachers ought not to meddle with these points , because they are not competent judges of them : they do not know the measures and limits of loyalty and disloyalty , of being a good , and a bad subject : these depending altogether upon the constitution of the government we live under ; and the determining of them belongs to the civil courts , and not to their profession . to this i answer , that in all those instances , wherein this argument falls under the cognizance and determination of parliaments , or iudges , or lawyers , we do not pretend to meddle with it . and if any man do , let him answer for himself . all that we pretend to , is to press the plain , general , indispensable duties of obedience to laws , and of peaceableness , and subjection to the higher powers , which christ and his apostles have every where taught in the bible . if indeed a preacher should in the pulpit presume to give his judgment about the management of publick affairs ; or to lay down doctrines as from christ , about the forms and models of kingdoms or commonwealths ; or to adjust the limits of the prerogative of the prince , or of the liberties of the subject in our present government : i say , if a divine should meddle with such matters as these in his sermons , i do not know how he can be excused from the just censure of meddling with things that nothing concern him . this is indeed a practising in state matters , and is usurping an office that belongs to another profession , and to men of another character . and i should account it every whit as undecent in a clergy-man to take upon him to deal in these points ; as it would be for him , to determine titles of land in the pulpit , which are in dispute in westminster-hall . but what is this to the preaching obedience and subjection to the establish'd government ? let meddling with the politicks be as odious as you please in a clergy-man ; yet sure it must not only be allow'd to him , but be thought his duty , to exhort all subjects to be faithful to their prince , to live peaceably under his government , and to obey all the laws that are made by just authority : and even where they cannot obey them , yet to submit , and to raise no disturbance to the publick upon that account . and this is the great thing which we say clergy-men have to do in this matter . we meddle not with the politicks ; we meddle not with prerogative or property ; we meddle not with the disputes and controversies of law that may arise about these matters : but we preach a company of plain lessons of peaceableness and fidelity , and submission to our rulers ; such as the law of nature teaches ; such as both christ and his apostles did preach in all places where-ever they came ; and such as will at this day hold in all the governments of the world , whether they be kingdoms or commonwealths . and if at any time we make a particular application of these general rules to our own established government , it is only in such instances as are plainly of the essence of our national constitution . in such instances as are plainly contain'd in the oaths of allegiance and supremacy , and those other tests , which , for the security of the government , the law hath taken care that subjects sh●ll swear to , and consequently must be thought obliged both to understand and practise them . and how can it be an invasion of another man's office , to preach and insist upon such things as these ? no , certainly ; what it is the duty of every subject both to understand and practise in order to his salvation , that , without doubt , it is the duty of their pastors to put them in mind of . but thirdly , it is said further , that preachers cannot engage in these arguments , but they will of necessity side with some party or faction among us : now they should have nothing to do with parties or factions . to this i answer , that to be on the side of the established government , and to endeavour to maintain that , is not to be a favourer of parties and factions . but they are the factions , they are the setters up , or abettors of parties , who endeavour to destroy , or unsettle , or disparage , or in the least to hurt and weaken the government and the laws as they are established ; let the principles upon which they go , or the pretences they make , be what they will. so that a minister , by preaching obedience and subjection , doth not in the least make himself of any party ; but , on the contrary , he sets himself against all parties : and so he ought to do . for his business is , to be on the side of the government as it is by law established ; and as vigorously as in him lies , in such ways as are proper for his function , to oppose all those that would either secretly undermine it , or openly assault it : in a word , all those that would make any change or innovation in it ( by whatever names they are discriminated ) by any other means or methods than what the law of the land , and the nature of the constitution doth allow . and thus much of the first thing i took notice of in the text , viz , the person to whom the charge is here given , that he should put the people in mind . i now come , in the second place , to the thing he was to put them in mind of , and that is , to be subject to principalities and powers , and to obey magistrates . and here two things are to be enquired into ; first , who are those principalities and powers and magistrates to whom we are to be subject , and whom we are to obey . and , secondly , wherein consists that subjection and obedience that we are to give to them . as for the first of these , who are the principalities and powers and magistrates ? why , certainly by these words are meant the supreme civil governours of every nation , and under them their subordinate officers . let the form of government in any country be what it will ; in whomsoever the sovereign authority is lodged ( whether in one , or in many ) they are the principalities and powers to whom we are to be subject ; and those that are commission'd and deputed to exercise authority under them , are the magistrates whom we are to obey . st. peter , in the d . chapter of his st . epistle , doth thus express them , ( alluding , no doubt , to the government of the roman state under which he lived , which was then monarchical ) submit your selves , saith he , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to every humane constitution , for the lord's sake : whether it be to the king , as supreme ; or unto the governours , as unto them that are sent by him — for so is the will of god. upon which words of his , the homily of our church , appointed to be read on this day , doth thus gloss . st. peter doth not say , submit your selves unto me , as supreme head of the church . neither saith he , submit your selves , from time to time , to my successors in rome . but he saith , submit your selves unto your king , your supreme head , and to those that he appointeth in authority under him . this is god's ordinance , this is god's holy will , that the whole body in every realm , and all the members and parts of the same , shall be subject to their head , their king. as for the subjection and obedience that is to be paid to these principalities and powers , which is the other thing i am to enquire into , it consists of a great many particulars . it implies in it , for instance , that we should give all honour , respect and reverence to their persons , looking upon them ( which really they are ) as god's vicegerents upon earth . that we should not rashly censure their actions , or the administration of their government . that we should at no hand despise them , or speak evil of them , remembring the character that st. iude gives of those that despise dominions , and speak evil of dignities . that as we should make prayers , and supplications and intercessions , and giving of thanks for all men ; so more especially for them , and those that are put in authority under them , as st. paul teaches us . that we should pay them the tributes and customs that are due to them , as the same apostle expresses it ; that is , the expences we are legally taxed at , towards the support of their government . that we should , according to our power , maintain their iura majestatis , the rights and prerogatives , belonging by the constitution , to their office and dignity that we should assist and defend them against their enemies . that we should behave our selves peaceably and modestly in our particular vocations , endeavouring to make their government as easie and as happy as we can , but at no hand to invade any publick office that belongs not to us . in a word , that we should yield obedience to all their laws . and in case it ever happen that we cannot with a safe conscience obey , there we are patiently to suffer the penalties of our disobedience : but by no means either to affront their persons , or to disturb their government , by raising or partaking in any tumult , or insurrection , or rebellion . all this that i have now named , is contained in that duty of subjection and obedience which we are here bid to pay to principalities and powers , as might easily be shewn , as to every particular : but i will not tire you , by running through all these heads , and therefore shall only desire leave to speak a little to the two last things i have now mention'd ; both because they are the most general , and do in a manner comprehend the rest ; and because they seem principally intended in the text i am now discoursing of . put them in mind ( saith st. paul ) to be subject , and put them in mind to obey . in the one phrase seems to be intimated the duty of active obedience to the laws and orders of our governours : in the other phrase , our submission where we cannot obey . and first of all , as for the business of active obedience , ( for it is proper to begin with that first ) all that is needful to be said for the clearing of it , may be comprized in these four following propositions . st . that the standing laws of every country are the rule of the subjects obedience , and not merely the will of the prince . where indeed the legislative and the executive power are both in one hand , ( as it is in those we call absolute monarchies ) there the will of the prince stands for law. but where people are so happy as to live under a legal establishment , as ours is , there the publick laws must govern and steer their actions , and not the prince's private pleasure . so that tho' the king can do no wrong , ( as our maxim is ) yet the subject is answerable for every thing he doth against law , even when he doth it by the king's command . dly . whatever laws are made by just authority , whether in civil matters , or in matters relating to religion , if they be not contrary to god's laws , there the subject is bound in conscience to obey them , even tho' he apprehends they are inconvenient . i own indeed that the matter of some laws may be of so small importance , that a man shall not need much to charge his conscience with the observance of them : it being enough that he submit to the penalty , in case of transgression : and perhaps the government never meant to extend their obligation farther . but for all that , it is in the power of the legislative , when there is reason , to bind our consciences to obedience , as well as to award punishments to our disobedience . and the reason of this is evident , because we are bound by the laws of god , who hath the supreme dominion over our consciences , to obey our lawful governours in lawful things . nay , i say farther , ( which is my d. proposition , ) that even where we doubt of the lawfulness of their commands , we are bound to obey ; so long as we only doubt of their lawfulness , but are not persuaded that they are unlawful . for certainly the authority of our governours ought to over-rule any man's private doubts . there is all the reason in the world that it should do so : and there is no good reason to be urged to the contrary . pray , what is it we mean , when we say that a man doubts concerning a thing , whether it be lawful or no ? is it not this ? that his judgment is kept suspended between equal probabilities on both sides of a question . he is enclined by some reasons to believe that the thing is lawful , and he is enclined by other reasons to believe that the thing is unlawful . and these reasons do appear so equally probable to him on both sides , that he doth not know how to determine himself : he doth not know which way he should frame a judgment about the point in question . this is the notion of a doubt . now in such a case as this , when authority interposeth , and declareth it self on one side ; and pronounceth not only that the thing is lawful to be done , but also , that it will have it done ; and accordingly lays its commands upon the man to do it : i say , if there be not so much weight in authority as to turn the scale in such a case as this , and to oblige a man to act in obedience to it ; it is the lightest thing in the world , and signifies very little as to the influencing the affairs of mankind . but , thly and lastly ; if the matter be out of doubt : if a man be really convinced that the thing which authority commands him , is not lawful in it self , but is contradictory to the laws of god : in that case he must not do the thing commanded ; on the contrary , he is bound to forbear the practice of it . if any humane law , let it be made by the best authority upon earth , should command us to believe any point in matters of faith which we are persuaded to be contrary to the revelation of christ and his apostles ; or should command us to profess and declare our belief of any matter whatsoever , tho' never so indifferent , when yet we did not really believe it ; or , lastly , should oblige us to the doing of any action which we did in our own conscience judge to be a transgression of a divine command : i say , in none of these cases are we to yield obedience to the law , by what authority soever it was enacted . and the reason is plain : we must always chuse to obey god rather than men. where god's law hath commanded us , there no humane law can absolve us from the obligation . where god's law hath forbidden us , there no humane law can lay obligations upon us . and it is the same thing as to our practice , that we believe god's law hath ty'd us up , as if it had really done so . so that , whether we are really in the right , or in the wrong , as to our persuasions in these matters , we must not act against them ; because we must not act against our consciences . only this we are to remember , that it extremely concerns us rightly to inform our consciences in these matters where humane laws have interposed their authority . for if we make a wrong judgment of things , and upon that account deny our obedience to the laws , where we should have given it : though we ought not to act against our conscience , as i said , ( nay , it would be a great sin in us if we should , ) yet , on the other side , we are not to be excused for disobeying the commands of authority , where we might lawfully have obeyed them ; unless it should prove that it was through no fault of ours that our judgments were misinformed . and thus much concerning my first head , that of obedience to laws : i now come to the other , that of subjection ; as that word implies patient submission to our governours , where we cannot actively comply with what they require of us . and this is that doctrine of passive obedience which of late hath had so ill a sound among many of us : but i dare say , for no other reason but because it may have been by some misrepresented . for where-ever it is rightly understood , it can give offence to none but to such as are really disaffected to the government , and do desire alterations . that there is such a submission due from all subjects to the supreme authority of the place where they live , as shall tie up their hands from opposing or resisting it by force , is evident from the very nature and ends of political society . and i dare say , there is not that country upon earth , let the form of their government be what it will , ( absolute monarchy , legal monarchy , aristocracy , or commonwealth ) where this is not a part of the constitution . subjects must obey passively , where they cannot obey actively : otherwise the government would be precarious , and the publick peace at the mercy of every malecontent , and a door would be set open to all the insurrections , rebellions and treasons in the world. nor is this only a state doctrine , but the doctrine also of iesus christ , and that a necessary , indispensable one too ; as sufficiently appears from those famous words of st. paul , rom. xiii . , . which are so plain , that they need no comment : let every soul ( saith he ) be subject to the higher powers , for there is no power but of god ; and the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation . so that so long as this text stands in our bibles , the doctrine of non-resistance or passive obedience must be of obligation to all christians . but then , after i have said this , care must be taken that this general doctrine be not misapplied in particular countries . though non-resistance or passive obedience be a duty to all subjects , and under all governments , yet it is not expressed the same way in all places ; but both the objects and the instances of it do vary in different nations , according to the different models of their government . to speak this as plainly as i can . as the laws of the land are the measures of our active obedience ; so are also the same laws the measures of our submission . and as we are not bound to obey but where the laws and constitution require our obedience ; so neither are we bound to submit but as the laws and constitution do require our submission . taking now this to be the true stating of the doctrine of passive obedience , as i verily believe it is , i do not see what colour of reason can be offered against it . sure i am , the common pretence , that it tends to introduce tyranny , and arbitrary government , and to make people slaves , is quite out of doors . for you see it makes no princes absolute , where , by the constitution , they were not so before . nor doth it destroy any liberty of the subjects that they were before in possession of . all that it doth , is to preserve and secure the national settlement in the same posture , and upon the same foot , in and upon which it is already established . and this is so true , that there is not a common-wealth in the world so free , but that these doctrines of non-resistance and passive obedience must for ever be taught there , as necessary even for the preservation of their liberties . as for what this doctrine imports among us , and in our constitution , or how far it is to be extended or limited , it belongs not to me to determine . but thus much the occasion of this day 's meeting will not only warrant me , but oblige me to say upon this head , and it is all the application i shall now make , namely , that by all the laws of this land , the person of the king is sacred and inviolable ; and that to attempt his life in any way , or upon any pretence , always was and is high treason . and if so , what are we to think of that fact which was on this day committed upon the person of our late sovereign , of blessed memory , king charles i. taking it with all its circumstances ? why certainly , how slight soever some people among us may make of it , it was a most barbarous murther ; a violation of the laws of god and man , a scandal to the protestant religion , and a reproach to the people of england ; whilst the impious rage of a few , stands imputed by our adversaries to the whole nation . all this i may say of this fact ; for it is no more than is said of it by the lords and commons of england , in that act of parliament which appoints the keeping of this day as a perpetual fast. i am sensible how uneasie some are at the mentioning of this ; and how gladly they would have both the thing , and the memorial of it , forgot among us . i must confess , i could wish so too , provided we were sure that god had forgot it ; so , i mean , forgot it , as that we were no longer obnoxious to his judgments , upon the account of that innocent blood : and provided likewise , in the second place , that those factious , republican principles which have once over-turn'd our government , and brought an excellent prince to an unhappy end , were so far forgot among us , as that there was no danger from them , of ever having this or the like tragedy acted again in our nation . but so long as we have apprehensions from either of these things , so long it will be fit for us to remember this fact , and this day ; and both to implore the mercy of god , that neither the guilt of that sacred and innocent blood , nor those other sins by which god was provoked to deliver up both us and our king into the hands of cruel and unreasonable men , may at any time hereafter be visited upon us , or our posterity : and likewise to suffer our selves to be put in mind of that duty , which , by st. paul's authority , i have been all this while insisting on , namely , to be subject to principalities and powers , and to obey magistrates : or , if you will rather take it in the words of solomon , prov. xxiv . . to fear the lord and the king , and not to meddle with them that are given to change . finis . vindiciæ juris regii, or remarques upon a paper, entitled, an enquiry into the measures of submission to the supream authority collier, jeremy, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) vindiciæ juris regii, or remarques upon a paper, entitled, an enquiry into the measures of submission to the supream authority collier, jeremy, - . [ ], p. [s.n.], london : . reproduction of original in huntington library. attributed to jeremy collier. cf. bm. errata: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng burnet, gilbert, - . -- enquiry into the measures of submission. government, resistance to. church and state -- church of england. great britain -- politics and government -- - - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion vindiciae iuris regii : or , remarques upon a paper , entituled , an enquiry into the measures of submission to the supream authority . london , printed in the year mdclxxxix . errata . page . line . after ingulphus , add hist. croyl . p. . l. . for liberty read liberties . p. . l. . for liberties r. liberty . ibid. l. . for canquered r. conquered . p. . l. . f. felo r. felo's . p. . l. . f. distracted r. disgusted . p. . l. . f. parts r. starts . p. . l. . f. salves r. salvo's . ibid. l. ult . f. into experience r. in experience . p. . l. f. those r. these . p. . l. . after of , add that . pag. . l. . for unjustifybale r. unjustifyable . p. . l. . f. strow'd r. allow'd . p. . l. . f. as in r. is in . p. . l. . after from , add the. ibid. l. . f. ahainst r. against . p. . l. . f. purose r. purpose . ibid. l. . f. character r. charter . p. . l. . f. as its r. it s as . p. . l. ult . f. penalty r. penaltys . p. . l. . after more add of . ibid. l. . f. th● charge r. their charge . vindiciae iuris regii : or remarques upon a paper , entituled , an enquiry into the measures of submission to the supream authority . one reason why i did not answer this extraordinary enquiry any sooner , was because the generality of the nation , at the first publishing it , had their imaginations so much disturbed with lies and imposture ; that till the strength of the charm was a little spent , there was no dealing with them : but now since they are come to themselves , and the eclipse of their understandings is pretty well over ; i will venture to shew them the false and dangerous reasonings of this paper if i can . our author laies it down for certain , that the law of nature has put no difference , or subordination among men , except it be that of children to parents , or of wives to their husbands ; so that with relation to the law of nature , all men are born free. what ? born free , and in subordination to their parents too ! that is somewhat hard : this priviledge , according to his own reasoning , has been out of doors long since , and could never be claimed by any but those who immediately descended from lucratius's bladders . if he means , that we are naturally subject to none but our parents and husbands ; this , i believe , will not hold neither . for it seems pretty plain from scripture , that the younger children are all born under the jurisdiction of their elder brother . i shall only mention two texts in proof of this proposition : the first is , gen. . . where god gives cain a superiority over his younger brother abel , in the same words in which he had before granted it to adam over eve. now it is generally acknowledged , that adam was her king , as well as her husband . the enquirer himself owns thus much , by saying , that matrimony naturally puts a woman into a state of subjection . now this authority which was given to cain , seems to be a standing priviledge of primogeniture , for the better government of families : for cain's behaviour was not so meritorious as to deserve an extraordinary favour ; neither had abel done any thing to forfeit his natural liberty . if it is objected , that this priviledge of cain , thus interpreted , destroys adam's patriarchal authority , sets up two concurrent jurisdictions , and makes the younger children subject to two independent princes , their father and elder brother . to this i answer , that this inconvenience will not follow , provided this reasonable supposition be but allowed , viz. that the exercise of this prerogative of birth-right , was not to commence immediately upon the grant , but to lie dormant till adam's decease , as being no more than a reversion of power . the other text is , gen. . . where reuben , according to the hebrew way of speaking , is called the excellency of dignity , and the excellency of power : that is , he was to have been by virtue of his primogeniture , a person of the greatest quality and authority in the family . for though god deprived him of this honor upon the account of his incest ; yet the manner of his father's reproof does sufficiently discover his natural right . and therefore the learned grotius observes upon this place , and upon deut. . . that elder brothers , as such , had not only the advantage of a double portion of inheritance , but were likewise priests and princes in their families . now if the younger children ought always to be governed either by their father , their elder brother , or those who claim under him ; then certainly the state of nature is not such a state of liberty , as the enquirer supposes . but this patriarchal nation , being not much material to the present dispute , i shall insist no farther upon it . his second section continues us in our original liberty , and therefore , i suppose , it 's design'd to inform independent governors , of the right the law of nature allows them to defend themselves , and how far they may proceed for reparation of injuries . his assertion is , that the duty of self-preservation exerts it self in instances of two sorts ; either in resisting violent aggressors , or in taking iust revenges of those who have invaded us so secretly , that we could not prevent them ; and so violently , that we could not resist them : in which cases , self-preservation warrants us , both to recover what is our own , with iust damages , and also to put such unjust persons out of a capacity of doing the like injuries any more , either to our selves or others . but here we may observe , first , that the case is very generally , and consequently obsourely stated : for we are not at all enlightned about the measures of those iust revenges and damages : but this point is prudently left to the ignorance , ambition , and ill-nature of every man , to interpret as he pleases . and least we should not revenge our selves deep enough , the enquirer gives us this encouragement , that self-preservation warrants us to put such unjust persons out of a capacity , &c. that is , if we were in the state of nature , we ought to kill , dismember , or lay every man in chains , who has done us any injury , great or small , ( for our author makes no exceptions for mercy ) it being impossible to disable him without proceeding to this rigour ; for as long as he has life , limbs , or liberty , he may do the world a mischief with them , if he has a mind to it . but , secondly , i do not understand what advantage the enquirer can make of this terrible denuntiation against aggressors and invaders ; i much question whether he has fortified his own security by this way of reasoning . but possibly this battery is raised against the french king , for the service of the empire : for he has seemed to wish , some years since , that the grand louis might be reduced to an humbler figure . indeed that monarch ( if he be not misrepresented ) is considerably to blame for sending an army against the empire , without giving notice of it first , or demanding satisfaction in a publick and peaceable way . these unproclaimed expeditions have been always thought unjustifiable , and contrary to the law of nature and nations . for those who have a just tenderness for the lives of men ; who have any regard to justice , or the repose of christendom , will try all other arguments before they dispute the cause at the swords point . for , besides the roughness of such a method , if princes should make a practise of invading each other without warning , men would be almost obliged to sleep in armour , and the world must be always kept up in a posture of defence , for fear of being surprized : now this would be a very troublesome and expensive way of living ; and make all neighbouring kingdoms especially , very distrustful of , and disaffected towards each other . i know his most christian majesty complains in his memorial , that he has been ill used by the court of vienna ; but then he might have pleased to have told the emperor so , before the siege of philipsburgh . and the action was still more unaccountable , if he went ( as who knows but he might ) upon the bare presumption of an injury , and relyed upon the intelligence of a few sceptical , obnoxious , and discontented germans , who lay under the imperial bann . and to mention nothing further , if this very disputable right was only an expectancy which would have admitted of slow forms , and kept cold well enough till had fallen ; as any one might fairly conclude from the numbers , and inclinations of his friends in the empire ; this was a further aggravation of the unreasonableness of his war. i confess , if all these hard things are true of the french king , i don't wonder if the enquirer has levelled a whole paragraph against him ; and i wish the emperor may recover just damages for so secret and violent an invasion . all this while we have been kings and emperors , but now we must reign over our selves no longer , but descend into the melancholy state of subjection . however , to do the author right , he has put the yoak on so favourably , that whenever we find it galls us we may throw it off again , and return to our former independency . for he gives us to to understand , sect. . that the true and original notion of civil society and government , is , that is a com-promise made by such a body of men , by which they resign up the right of demanding reparations either in the way of iustice against one another ; or in the way of war against their neighbours ; to such a single person ; or to such a body of men as they think fit to trust with this . now not to examine how our author comes to know that the original notion of society was the true one . it 's pretty apparent his notion of it is neither original , nor true ; not original , because it does not comprehend the most antient beginning of government , viz. paternal authority and conquest ; in which cases men have not the liberty of articling for priviledges , but must submit to their parents , and conquerors , whether they think fit to trust them or not . secondly , his notion is defective in point of truth ; for he has only restrained his men from acting arbitrarily upon one another , or from fighting a foreign state without commission ; but as for their governours , they may resist them , for all his diffinition , when they please ; for having resigned nothing but their right of demanding reparations , either in the way of justice or war , against their fellow subjects , or neighbouring states ; it follows that one branch of their natural liberty is reserved to them , to fight their prince with upon occasion . this conclusion , if we had nothing else to infer it , follows evidently from his own principle ; for since government is only a trust committed by the people to a single person , &c. and all trusts , as he affirms in this section , by their nature import , that those to whom they are given , are accountable . nothing is more plain , then that they may discharge themselves from subjection whenever they shall think fit to say , their governours have not kept touch with them . he proceeds to tell us , that the executive power , when separated from the legislative , is a plain trust , and no more than a subordinate authority . from hence we may observe , first , that by this authors concessions , the people have not the legislative authority , for he owns part of it is in the king ; from whence it follows , that the whole body of the people is not the supream authority , nor consequently can call their prince to account , without his own consent . secondly , that part of the legislative authority , which is lodged in the people , is not given them at large , to be exerted at their pleasure , but depends upon stated rules and limitations , and can only be exercised by their representatives in parliament . nay , it 's so precarious a privilege , that without the king's leave , they can never make use of it ; for it 's neither lawful for them to convene themselves , nor yet to sit any longer than the king pleases : for though there is an act for a triennial parliament , yet if the king omits the calling of them within that time , there is no provision made to assemble themselves ; which is an evidence this power was never conveyed to them by this act : for if it had , the methods of putting it in execution would have been adjusted ; and if the king should refuse to issue out writs , the chancellor would have been authorized to do it : which power upon the suppositition of intermediate failures , would have been handed down as low as the petty constables , as it was proposed by the parliament assembled in to charles the first . now if the people have no share in making of laws , but by representation in parliament , and the being of this assembly depends upon the prince's pleasure , then either the king is the supream authority in the intervals of parliament ( which may be as long as the crown thinks fit ) or else there is no such thing as a supream authority in the nation , and consequently no government . further , when the two houses are actually convened , when they are dictating law and justice to the nation , and cloathed with all the advantages of solemnity and power , they are then no more than subjects , they are lyable to the highest penalties , if they are proved guilty of those crimes which deserve them , for felony and treason are expresly excepted out of their privileges . but to consute the author's notion of government more fully , and especially to make his application of it unserviceable , i shall endeavour to prove two things against him . first , that a trust does not always imply the person accountable to whom it 's made . secondly , that the kings of england hold their crown by right of conquest and succession ; and consequently are no trustees of the people . . a trust does not always imply the person accountable to whom it 's made , which i shall briefly make good these three ways . first , from the common notion of a trust. secondly , from the enquirers concessions . thirdly , from a considerable instance in our own government . first , from the common notion of a trust : for what is more generally understood by trusting another , than that we lodge our concerns with him , and put them out of our own disposal ? when i trust a man with my life or fortune , all people agree , that i put it in his power to deprive me of both . for to deliver any property to another with a power of revocation , is to trust him , as we say , no farther than we can throw him . he that can recover a sum of money he has deposited when he pleases , to speak properly , has it still in his custody , and trusts his friend no more than he does his own coffers . and therefore if we consult our thoughts , we shall find , that a trust naturally implies an entire reliance upon the conduct and integrity of another , which makes us resign up our liberty or estate to his management , imagining them safer in his hands than in our own . in short , a trust where there is no third person to judg of the performance , as in these pacts between subjects and soveraign there is not . in this case a trust includes a translation of right , and in respect of the irrevocableness of it , is of the nature of a gift ; so that there seems to be only this difference between them , that a gift ought to respect the benefit of the receiver , whereas a trust is generally made for the advantage of him who conveys it . secondly , by our author 's own concessions a trustee is sometimes unaccountable , for he grants a man may sell himself to be a slave . ( p. . ) and when he has once put himself into this condition , his master has an absolute soveraignty over him , and an indefeasable right to his service ; so that notwithstanding all the unreasonable usage he may meet with , he can never come into his freedom again without the consent of his lord. this i take to be an uncontested truth , and if it was not , st. peter's authority ought to over-rule the dispute ; who charges those who were in this state of servitude , to be subject to their masters with all fear , not only to the good and gentle , but also to the froward , ep. . . thirdly , i shall prove the unaccountableness of a trust from a considerable instance in our own government . the house of commons v. g. are certainly trustees for the towns and counties who choose them ; the people resign up the disposal of their rights and properties into their hands , in hopes of a good management . but suppose they prevaricate in their employment , and betray their electors , does this impower the people to lay their representatives by the heels when they come into the country , or to punish them farther as their wisdoms shall think convenient ? if so , then the last resort of justice must lie in the sovereign multitude , who have neither capacity to understand the reasons of government , nor temper and tenderness to manage it . 't is pitty the mobile in henry the th . his reign had not this discovery , when the right of choosing members was limitted to forty shillings per annum free-hold ; whereas before all tenures , if not all persons , had the liberty to elect , without exception ; but this act in all likelihood barr'd no less then a fifth of the nation from this principal post in the government . and if columbus had not given them a lift by finding out the west-indies , and abating the value of money , their grievance had continued to this day as heavy as ever . we see therefore that the author's notion of a trust will not hold water , and if it would , it can do him no service , for i shall prove in the second place , that the kings of england hold their crown by right of conquest and succession , and consequently are no trustees of the people . i shall begin with the point of succession , which because it's generally received , i shall only mention an act of parliament or two for the proof of it . in the first of edward the fourth , ( rot. parl. ) where the proceedings against richard the second are repealed ; it 's said , that henry earl of derby , afterwards henry the fourth ; temerously against rightwiseness and iustice , by force and arms , against his faith and ligeance , rered werre at flint in wales , against king richard the second , him took and imprisoned in the tower of london , in great violence ; and usurped and intruded upon the royal power , estate , and dignity . and a little after they add , that the commons being of this present parliament , having sufficient and evident knowledge of the said unright-wise usurpation and intrusion , by the said henry late earl of derby , upon the said crown of england ; knowing also certainly without doubt and ambiguity , the right and title of our said soveraign lord thereunto true ; and that by god's law , man's law , and the law of nature , he and none other , is and ought to be their true , right-wise , and natural leige and soveraign lord ; and that he was in right from the death of the said noble and famous prince his father , ( richard duke of york ) very just king of the said realms of england , do take and repute , and will for ever take and repute the said edward the fourth , their soveraign and leige lord , and him and his heirs to be kings of england , and none other , according to his said right and title . in the first of richard the third , there is another statute very full to this purpose , which begins , the three estates , &c. but i shall pass over this , and proceed to the act of recognition , made upon king iames the first , his coming to the crown : wherein it 's declared , that he was lineally , rightfully and lawfully , descended of the body of the most excellent lady margaret , eldest daughter of the most renowned king henry the seventh , and the high and noble princess , queen elizabeth his wife , eldest daughter of king edward the fourth . the said lady margaret being eldest sister of king henry the eighth , father of the high and mighty princess of famous memory , elizabeth , late queen of england . in consideration whereof , the parliament doth acknowledge king iames their only lawful and rightful leige lord and soveraign . and as being bound thereunto , both by the laws of god and man , they do recognize and acknowledge , that immediately upon the dissolution and decease of elizabeth , late queen of england , the imperial crown of the realm of england , and all the kingdoms , dominions , and rights belonging to the same ; did by inherent birth-right , and lawful and undoubted succession , descend and come to his most excellent majesty , as being lineally , iustly and lawfully , next and sole heir of the blood royal of this realm , as it is aforesaid . and thereunto they do most humbly and faithfully submit and oblige themselves , they heirs and posterities for ever , until the last drop of their bloods be spent . so much concerning the succession , where by the way , we may observe the deposing doctrine is directly pronounced unlawful , as appears from the first of edward the fou●h , which act continues still unrepealed . i shall proceed to prove the norman conquest , ( for i need go no higher ) which i shall make good from the best historians , who lived either in , or near that time ; from doomeseday book , and acts of parliament . . from historians , &c. eadmer ( hist. nov. fol. . ) a monk of canterbury at the time of the conquest , and very intimate with arch-bishop lanfrank , and with him when news came of the conqueror's death ; writes , that william designing to establish those laws and usages in england , which his ancestors and himself observed in normandy ; made such persons bishops , abbots , and other principal men , who could not be thought so unworthy , as to be guilty of any incompliance with his new model , knowing by whom , and to what station they were raised . all religious and secular affairs he managed at his pleasure . and after the historian had related in what points he disallowed the authority of the pope , and archbishop , he concludes thus . but what he did in secular matters i forbear to write , because it 's not to my purpose , and likewise because any one may guess by what has been delivered already , at what rate he ordered the state. the next testimony shall be fetched out of ingulph abbot of croyland , an english man born , secretary to william when duke of normandy , and made abbot by him . this author informs us , that by hard usage he made the english submit , that he gave the earldems , baronies , bishopricks , and prelacies of the whole nation to his normans ; and scarce permitted any english man to enjoy any place of honour , dominion , or power hist. croyl . f. . but gervace of tilbury ( a considerable officer in the exchequer in the time of henry the second , and who received his information from henry of blois , bishop of winchester , and grand-child to the conquerour ) is more full to this purpose ; which he thus delivers . after the conquest of the kingdom , and the just subversion of rebels , when the king himself , and his great men , had viewed and surveyed their new acquests , there was a strict enquiry made who there were which had fought against the king , and secured themselves by flight . from these , and the heirs of such as were slain in the field , all hopes of possessing ei●er lands or rents were cut off ; for they counted it a great favour to have their lives given them . but such as were called and solicited to fight against king william , and did not , if by an humble submission they could gain the favour of their lords and masters , they then had the liberty of possessing somewhat in their own persons , but without any right of leaving it to their posterity . their children enjoying it only at the will of their lords : to whom , when they became unacceptable , they were every where outed of their estates ; neither would any restore what they had taken away . and when the miserable natives represented their grievances publickly to the king , informing him how they were spoiled of their fortunes , and that without redress , they must be forced to pass into other countries . at length upon consultation it was ordered , that what they could obtain of their lords by way of desert , or lawful bargain , they should hold by unquestionable right ; but should not claim any thing from the time the nation was conquered , under the title of succession , or descent . upon what great consideration this was done is manifest , says gervace : for they being obliged to compliance and obedience , to purchase their lords favour ; therefore , whoever of the conquered nation possessed lands , &c. obtained them not as if they were their right by succession , or inheritance ; but as a reward of their service , or by some intervening agreement . gervase of tilbury , or the black book in the exchequer , lib. . cap. de murdro . de necessar . observ . the next testimony i shall produce , is out of gulielmus pictaviensis ( who lived about the time of ingulph , ) this writer speaking of king william's coronation , adds ; cujus liberi atque nepotes , &c. i. e. whose children and posterity shall govern england by a just succession , which he possessed by an hereditary bequest ; confirmed by the oaths of the english , and by the right of his sword , gul. pict . fol. . farther , ordericus vitalis , who lived in the reign of william the second , tells us , how william the first circumvented the two great earls of mercia , and that after edwin was slain , and morcar imprisoned , then king william began to show himself , and gave his assistants the best , and most considerable counties in england , and made rich colonels , and captains of very mean normans , oder . vital . fol. . the same author relates , that after the norman arms overcame england , and king william had reduced it under the government of his own laws ; he made fulcard , a monk of st. omers , abbot of thorney , ibid. fol. . henry arch-deacon of huntington , who lived in the reign of king stephen , is full to the same purpose . anno gratiae . perfecit dominus dominator , &c. i. e. in the year , &c. the great ruler of kingdoms brought that to pass , which he had long intended against the english ; for he delivered them over to be destroyed by the rough , and politick nation of the normans , fol. . and in another place more particularly . when the normans had executed the just decree of god upon the english , and there was not any person of quality of english extraction remaining , but all were reduced to servitude and distress , insomuch that it was scandalous to be called an english man , william the author of this iudgment dyed in the twenty first year of his reign , ibid. fol. . matthew paris , who wrote towards the end of the reign of henry the third , agrees with the forementioned testimonies , his words are these , fol. . dux normannorum willielmus , &c. i. e. duke william having fortified the cities and castles , and garrisoned them with his own men ; sailed into normandy with english hostages , and abundance of treasure , whom , when he had imprisoned and secured , he hastened back into england , that he might liberally distribute the lands of the english ( who were forcibly disseized of their estates ) amongst his norman soldiers , who had helped him at the battle of hastings to subdue the country ; and that little that was left , he put under the yoak of perpetual servitude . and in another place he tells us , that king william brought bishopricks and abbys under military service , which before that time had been free from all secular servitude ; but then every bishoprick and abby was enrolled according to his pleasure ; and charged how many knights or horse-men , they should find for him and his successors , in times of war , fol. . i might add many more authorities of antient historians , but these i suppose are sufficient . as for modern writers , i shall only cite mr. cambden , who thus delivers his sence of this matter , britan. p. . victor gulielmus , &c. i. e. william the conqueror , as it were to make his victory the more remarkable , abrogated the greatest part of the english laws , brought in the customs of normandy , and ordered the pleadings to be in french : and outing the english of their antient inheritances , assigned their lands and mannors to his soldiers ; yet so as he reserved the paramount lordship to himself , and his successors by homage ; that is , that they all should hold their estates by the feudal laws ; and that none but the king should be independent proprietors , but rather a sort of limited trustees , and occupants in tenancy . from these citations we have all imaginable marks of an entire conquest . the laws , and tenures , and in some measure the language of the country , were changed : the saxons were transplanted into normandy and dispossed of their estates , as appears not only from the forementioned historians , but from doomse-day book , where we find , that almost all the great proprietors were normans . now this survey was made at the latter end of the conqueror's reign , many years after his taking the oath , which is by some so much insisted upon , as appears from ingulphus . if it 's objected that william the first granted king edward's laws . to this i answer . . that most of king edward's laws were only penal , and respected criminals , as we may learn from ingulph , hist. croyland in fine . secondly , these laws of king edward were not granted by the conqueror without his own amendments , and refinings upon them , as is evident from the charter of henry the first , as it stands in matthew paris , fol. . lagam regis edvardi , vobis reddo cum eis emendationibus quibus pater eam emendavit consilio baronum suorum , i. e. i grant you king edward ' s laws with those amendments which my father made in them , by the advice of his barons . and that these last words may not be thought to weaken the testimony , it 's not improper to observe , that these alterations are said to be made only by the advise , not by the authority of the barons ; and yet these barons were normans too , as is sufficiently plain from what has been discoursed already . but , to conclude , the proofs of this argument , several of our parliaments acknowledge william the first a conqueror . the acts ( all of which it would be very tedious to name ) run thus in the preamble , edward v. g. by the grace of god , the fourth after the conquest , &c. now this is a plain concession , that the rights of the subjects were derived from the crown ; and in all likelihood was intended to hint as much . and therefore , unless the norman conquest had been evident and unquestionable , the lords and commons , who were always very tender of their liberties , would never have consented , that the statutes should have been penned in such a submissive style . if it be objected , that the conqueror took an oath to observe the laws of the realm . in answer to this i observe . . that we have seen already in some measure what sort of laws these were , and how they were managed by him secondly , neither pictaviensis , eadmerus , ordericus , vitalis , henry of huntington , or matth. paris , write of any oath taken by the conqueror . florence of worcester , is the first that mentions it . flor. wigorn. fol. . the words of the oath are these , se velle sanctas dei ecclesias , ac rectores earum defendere , nec non & cunctum populum sibi subjectum justa & regali providentia regere , rectam legem statuere & tenere rapinas injustaque iudicia penitus interdicere , i. e. that he would protect holy church , and the hierarchy ; that he would govern all his subjects fairly , and take a royal care of their welfare . that he would make equitable laws , and observe them , and wholy prohibit rapine , and perverting of iustice. from this i observe two things . first , that the legislative power was all of it lodged in the conqueror ; why else did he swear to make equitable laws ? for if the constitution had been settled as it is at present , the parliament could have hindred him from making any other . secondly , the oath is couched in very general terms , and admits of a great latitude of exposition , so that the conqueror was in a manner left at his liberty , to interpret the obligation , as he thought fit . thirdly , this oath was voluntarily taken by the king some years after he had forced the whole nation to swear allegiance to him . we are therefore , if it were only for this reason , to interpret the oath to his advantage : and to suppose , that he would not swear himself out of his conquest , and reign at the discretion of those he had so entirely subdued ; so that it should be in their power to unking him , either upon a real or pretended breach of his oath . fourthly , we may observe , that the kings of england are in full possession of the crown , immediately upon the death of their predecessors , and therefore king iohn , edward the first , and henry the fifth , had allegiance sworn to them before their coronation . from whence it follows , that as swearing does not make them kings ; so neither can perjury , though truly objected un-make them again , which will appear more evidently if we consider , fifthly , that perjury in it self , does not imply a forfeiture of any natural or civil right ; indeed , the dread of it ties up a man's conscience faster , and if he proves guilty , makes him lyable to a severer vengance from god almighty than simple unfaithfulness ; upon which account an oath is counted a considerable security for the performance of a promise . and therefore , for the greater satisfaction of their subjects , princes usually swear to observe those stated measures of justice , which were either fixed by themselves , or their predecessors . and if they happen to fail in the performance ; though they forfeit their honor , and the divine protection ; yet there accrues no right from thence to the people , to re-enter upon their fancied original liberty . for the duty of those under authority , ( except where it 's expresly conditional ) is not cancelled and discharged , by the mis-behaviour of their superiors . for example ; supposing a father swears to remit some part of his authority in the family , and that he will govern only by such a prescribed rule ; his forgeting his oath afterwards , does not void or lessen his power , nor excuse the children in their disobedience . and to make the instance more direct , if possible . the kings of persia were soveraign monarchs , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as plutarch calls them , and were worshiped as the images of god , and could never be set aside , but by death . yet , these princes took an oath at their inauguration ; as grotius observes from xenophon , and diodorus siculus . neither was it lawful for them to alter certain laws , as appears from daniel and iosephus . the kings of aegypt likewise , as grotius relates from diodorus sic. had a full , and unaccountable authority , they did as he speaks summo imperio uti ; yet they were bound to the observance of a great many things , which if they neglected to perform , they could not be charged with these failures while they were living ; but after they were dead the custom was to arraign their memories , and deny them the honor of a funeral solemnity : which punishment was likewise inflicted upon the iewish kings , who had been very irregular , and oppressive in their government , chron. , , and . . from all which it appears , that a king 's swearing at his coronation does not make his crown forfeitable , or subject him to the censure of the people . and since the breach of an oath does not imply a forfeiture of right ; since the kings of england claim their authority by conquest and succession , from hence these two corollaries naturally follow . first , that with us power always proves it self , unless it appears that it 's given up or limited , by any special agreement . secondly , that the liberties of the subjects are not founded upon the reservations of an original contract . for a conquered people must not pretend to make their own terms . and therefore , their priviledges are not of their own creating , but acts of royal favour , and condescentions of soveraignty . indeed , when the people are not forced into submission , but freely elect their monarch ; there all remote inferences , and doubtful cases , ought to be interpreted in favour of the subject ; because the form of the government had its beginning from them ; and in this case only it is , that liberty proves it self . but where the limitations of a monarchy , are the condescentions of a conqueror , or his successors , there we are not to stretch the priviledge of the subject , beyond express grant. so that whatever rights , or branches of government , are not plainly conveyed away , must be supposed to be still lodged in the crown . for since the prince was once vested with absolute power , and has afterwards bounded himself by his own voluntary act , the abatements of his authority are to be measured by his own evident declarations , and not by any conjectural and consequential arguings . and here that celebrated maxim takes undoubted place , that all acts which are made in destruction of common law , or antecedent right , are to be construed strictly , and not drawn out into corollaries , and parallel cases . from whence it follows , that if it was unlawful at first for the subjects to resist their soveraign , it must still continue so , unless they can prove he has relinquished this part of his prerogative , and given them an express liberty to take up arms when they think it convenient ; which , i believe , will be hard to find in our constitution . i confess , there is a resistance charter granted by king iohn , but such a one as is no ways serviceable to our author : for , first , it 's a plain concession from the crown , and consequently far from the nature of a mutual and original contract . secondly , here is no deposing power given in case the articles were broken : but on the contrary , upon the supposition of a rupture there is an express proviso for the security of the king's person and royalty ; for a little after the clause of salva persona nostra , we have these remarkable words ; et cum fuerit emendatum intendent nobis sicut prius fecerunt ; that is , if the king should fail in his promise , and constrain them to make use of force , when their grievances were redressed , and they had put themselves in possession of their rights ; they should then be obliged to obey him as formerly , matth. par. p. . thirdly , this charter was extorted from the king in a menacing and military manner . the barons were up in arms , the city of london declared for them , and received them , and the king was deserted by his own army ; whereas before this grant , the subjects had no colour of authority to levy arms against the king. now rebellion is a very ill bottom to found our liberties upon : the advantages which are gained by such monstrous violences as these , are no more to be insisted on than the acquisitions of piracy ; and therefore , fourthly , this charter being obtain'd in such an undutiful and illegal way , is without doubt one great reason among others , why it has been always counted a nullity ; for that it 's no part of our law , i shall fully evince . first , from the transactions in the reign of henry the third , for first in this king's charter there is no notice taken of any grant made by king iohn ; whereas in the confirmation of magna charta by edward the first , the granting it by henry the third is expresly mentioned , and the liberty recited at large : which is a plain evidence , that the one was not looked upon to have the same authority with the other . secondly , that the magna charta of henry the third was a pure act of grace to the subject , and no confirmation of an antecedent right , appears from the instrument it self , where in the preamble the king declares , that out of our meer and free will we have given , &c. and towards the end , that for this our gift and grant of these liberties , our arch-bishops , earls , &c. have given us the fifteenth part of their moveables . now besides the wording of the act , which runs as clear for a voluntary concession as is possible ; the very consideration which was given the crown , is a sufficient argument , that the subjects had no title to these liberties before : for who can imagine they would have purchased that which was their own already , at so dear a rate . thirdly , this charter of henry the third , though it contains much the same liberties with the former , yet it has none of the same ratification , there are no proviso's for resistance in it ; but instead of distraining and taking of castles , &c. there was a solemn excommunication denounced by the bishops against all violators of this law. so that now the subjects were evidently returned to their former state of passive obedience . and therefore those barons , who , towards the latter end of this king's reign , took up arms in defence of their privileges , as matth. paris relates , were disinherited by a parliament at winchester ; which was soon after confirmed in another parliament at westminster . ( sir w. raleigh priv. of parl. ap. . ) more to the same purpose may be seen in the law called , dictum de kenilworth : for though this order was made by no more than a committee of twelve peers ; yet they having an absolute delegation as to this point from the king and the members of parliament , what they agreed upon has the full validity of a law. fourthly , that king iohn's charter , which warrants resistance ( though within a rule ) had never any legal authority , is evident from the militia act ( car. . ) where the parliament declares , that the militia was ever the undoubted right of his majesty , and his predecessors but this was a great mistake , if king iohn's grant had been law : for by vertue of that charter , provided the king receded from his articles , the militia was lodged in the barons , and the people were obliged by oath to assist them against the crown . now , if the case had been doubtful , the judgment of a parliament ought to have put an end to the controversie . this legislative council has a power to interpret , as well as to alter , or enlarge the constitution ; an authority to tell us what has been , as well as what shall be law. such publick determinations are as it were first and self-evident principles in our government ; they have a kind of practical infallibility in them , and ought not to be disputed , except where they plainly contradict the laws of god. fifthly , and lastly , if this singular charter had ever been part of our constitution , as it 's plain it never was , yet now it can have no manner of force , because the forementioned statute concerning the militia , not only declares it to have been , but likewise to make the case more incontestable , enacts it unlawful , to levy war , offensive or defensive , against the king. but of this more hereafter . if it 's objected , that unless we are allowed to assert our rights by force when they are invaded , the laws which secure them to us are insignificant ; because the king may break down these fences when he pleases . to this i answer , that these laws upon this supposition are far f●om being insignificant ; because , first , they are the boundaries of right : they clearly distinguish the property of the subjects from the prerogative , so that the prince can seldom encroach upon them in any considerable measure , without being conscious of the injustice . secondly , by vertue of the laws we are better assured of the prince's protection against the injuries of all our fellow subjects ; which is no small advantage . thirdly , we have the prince's honour , and conscience , and interest , to secure us : i say his interest ; for notwithstanding the subjects were never so well convinced , that resistance is utterly unlawful ; yet it is by no means adviseable , for princes to try their patience too far : for religion has a very slender influence upon the world now a days . nothing is more frequent than to see men live in those practices which they know to be immoral . now oppression is apt to make wise men mad. nothing touches them so much to the quick , as the breaking in upon their properties , and the undermining the publick securities . and therefore when the government sits thus uneasy upon them , they will be apt to fly out into disorders , notwithstanding all the restraints of law and conscience to the contrary . now since princes are supposed to be acquainted with the frailty and degeneracy of mankind . this consideration of danger will generally keep them within compass , and check their arbitrary designs , though the principles of honour and integrity should happen to prove insignificant . this one would think a sufficient security ; and more than this , is neither allowed by our government , neither can it be by any other . first , we have no reason to believe our government permits us to maintain our rights by arming against our prince , not only because our laws plainly declare against all resistance , ( as i shall shew afterwards ) but because the libertys of the subject were acts of grace from the crown ; and since they had no right to demand them by force , they must take them upon such conditions as they are offer'd . now things standing thus , we have no imaginable reason to conclude our kings had any intention to forego their irresistable authority , except they had signed it away in so many words ; we are not to suppose they would part with such an inestimable jewel , and be so prodigal of their favours , without the plainest evidence . indeed the granting this liberty would be equally prejudicial to prince and people , and render all government impracticable . for , secondly , the ignorance and partiality of the greatest part of mankind is such , that to make it lawful to resist our governors , whenever we think it necessary , is an infallible expedient to keep a nation almost always embroyl'd , and to banish peace and happiness out of the world. such an allowance as this , does in reality dissolve all government , and throw us back into a state of nature . for when a man may make use of all the force he can get to redress his grievances , to carve out his satisfaction , and to possess himself of all those rights he fancies he has a title to ; his owning authority is but a complement ; for he is certainly under no government but his own . he is bound to do no injury 't is true , but this does not hinder his being independent of society . for his obligation to justice results from the law of nature , which binds him to abstain from fraud and violence , whether it 's enforced by any municipal constitution or not . if it 's objected , that this liberty of resistance is not to be allowed , but in cases of extream necessity , when the government is in danger of being wounded in its vitals , and the fundamental laws are struck at . to this i answer , that since the people must be judges of the exegencies of state , this restraining of resistance to cases of necessity , is no security to the common welfare . for by this principle whenever a man , either through mistake , or design , believes or pretends to believe , that the fundamental laws are broken , he has a warrant to take up arms and form a party to dispossess his governor ; and if he can discharge himself of his allegiance when he pleases , he is actually free , because his will is in his own power . farther , except the people are barred from uniting their forces against their governors , there can be no determination of civil controversies . for in regard most people are apt to say , they are wronged as often as they lose a tryal , if they have the liberty of appealing from the bench to the neighbourhood , and may raise all their friends and dependents to oppose the execution of the judges sentence ; then right must be resolved into force , and justice will be all sword without any ballance . now that the doctrine of resistance gives this dangerous allowance is plain . for though our author will not permit us the freedom of raising a civil war , upon the account of male administration in the execution of the laws ; yet he has not given us any assurance that other men will be of his mind . for may they not object that the prospect of having justice observed , was the principal reason of combining in society . for all laws how fundamental soever , are designed only as means for the distinction , and security of property , for the punishing of violence and circumvention , and therefore they ought not to be valued above the end. for if the prince has an unlimitted priviledge of corrupting judges , suborning witness , and forcing the execution of unjust sentences ; all other provisions for liberty are to little purpose . if we are to submit to all this hardship , because it falls within the compass of male administration , what do our fundamental laws signify ? when at this rate , may some men say , we can neither have life , liberty , nor estate secured to us : so that if resistance was allowable in any case , oppression and violence in the administration of iustice would warrant the use of such a remedy . and if every one who imagined himself injured might beat up for volunteers toredress his grievances ; the judges and laws would be the only criminals in a short time ; and all disputes would be decided by blows and blood. besides supposing men were generally agreed , that nothing but the breach of fundamental laws would justify resistance ; since the people are made the judges of this distinction , they need only be at the expence of a hard name for their enlargement ; for it 's but calling any disgust , or petty injury a breach of fundamentals , and the work is done . if it be said , that the people are always quiet when they are well used ; and never attempt to displace their governours , but upon just occasions . to this i answer , that if the generallity of mankind were masters of so much sense and honesty , as this comes to , why did they not continue in that state of nature some men fancy them in at first ? if they had been wise enough to have understood their true interest , what need they have brought themselves under the guidance , and obligation of laws ? if they are so vertuously enclined , why did they submit their wills and powers to a publick regulation ? why should men so well qualified for the use of their freedom , be bound to their good behaviour , and come under the restraints of pacts and subjection ? all authority and law is a great reflection upon mankind ; it plainly supposes the generallity of us are weak , deceitful and turbulent creatures . but if we are so full of understanding and conscience , as some men would make us believe ; all governments ought to be broken up , and every man have his original charter of liberty return'd him . for if we are so fit to be trusted , and to dispose of our own actions ; it 's highly unreasonable to keep us in a state of ignominy , and bondage any longer : but english-men of all others , have the least reason to make panegyricks upon the discretion , and governableness of the people . for not to mention the barons wars , how many tylers and cades , and kets and flammocks , have we had within the compass of four hundred years ? what formidable bodies did those massianelos bring into the field ; and how near was the state being overturn'd by the rebellious levity , and madness of the multitude ? and after all these instances of confusion , we have certainly little reason to think that vox populi and vox dei , are the same ; or that right and wrong depends upon numbers . from what has been said it's apparent , that there must be an irresistable power in all governments : but our two houses ( whose authority is nearest to the kings ) have no share in this inviolable priviledge . for least their legislative office should make them forget their duty to his majesty , they are obliged to take the oaths of allegiance and subjection to him , before they are capable of transacting any business in parliament , iac. . cap. . sect. . car. . cap. . from whence it follows ; that with us the king , and only he , is the irresistable power . neither must this prerogative be restrained to his person ; but extend to his authority . for a king cannot be every where himself , neither is he able to punish offenders by his own single strength : he must govern by his ministers , and sometimes by his armies . therefore if those who are employed by him , may be opposed , and hindered in the execution of their ch●rg● he is as much disabled from pursuing the ends of government ▪ as i● violence had been offered to himself . of this consequence those who made the late act of uniformity , were well aware ; and therefore in the declaration , which they obliged a considerable part of the kingdom to make , the subscriber does not only declare , that it 's not lawful to take up arms against the king upon any pretence whatever , but likewise , that he abhors that trayterous position of taking arms by his authority against those commissionated by him . therefore that objection which is usually made , does not come up to the point , viz. that it 's lawful for a private person to resist an illegal commissioner of the kings , when he comes to dispossess him of his property , or to outrage him in any other respect . for though a man has the liberty of defending himself from encroachments in a private way ; yet if he calls in hundreds and thousands to his assistance , without the king's authority , he falls under the censure of the law. now the reason why the constitution permits the use of force in one case , and not in the other , is because private defence , though never so unjustifiably managed , cannot bring any publick mischief along with it . but if men were allowed to arm towns and countries when they thought fit to complain ; this would be of dangerous consequence to the state , and make it lyable to perpetual convulsions ; so that we should always either feel or fear the miseries of a civil war. but to proceed with our author . in his fourth section we are told , that no consideration of religion binds us to pay more than we owe , not to extend our allegiance farther than the law carrys it . which though it 's true , yet it 's foreign to the argument . for i shall make it appear farther afterwards , that the laws extend our submission , which is one part of our allegiance , to all cases whatsoever . i suppose this advice was intended for a preservative against over dutyfulness , and that his reader might not be misled by the church of englands doctrine of passive obedience . now how proper soever such hints as these may be to some flegmatick climates and constitutions of liberties , i shall not dispute ; yet certainly the enquirer could not have thought them over-seasonable directions for our conduct ; if he had pleased to consider either the legal advantages of the crown , the temper of the english nation , or the time of his own writing : but his generous zeal for the freedom of mankind , makes him think he can never say , nor do enough . his fifth paragraph supposes an original contract , and that the measures of obedience are to be taken from thence , i. e. once upon a time , when every man was weary of governing himself any longer ; they agreed by ●●●eral consent to set one of their own countrym● 〈…〉 ●ome stranger they had a fancy for , upon whom 〈…〉 〈◊〉 term of king , sovereign , or supream , i. e. 〈…〉 glorious titles without conveying the power 〈…〉 , ●ther to make the royal pageant ridiculous , 〈…〉 him ●n occasion to over-rate his authority , which 〈…〉 make him stretch it into a forfeiture , in a short time : 〈…〉 the people forfe●●ing that they should quickly be out 〈◊〉 with being governed might over title their monarch , and ●e the principles of the con●tution weak on purpose , that so 〈…〉 ●pse to them the sooner . but that neither willlim 〈…〉 or his 〈◊〉 succe●ors received their crowns by way 〈…〉 i●●vident to every one , who has seen any thing of our h●stories ; so that this notion of t●e enquirers is perfectly chimer●al as to us . for granting , as mr. hunton observes , ( treatise of monarchy , pag. . ) that subjection is not immediately founded in conquest , but in cons●rt ; yet consent in such a case is forced , necessary and unavoidable ▪ and includes an entire submission to the conquerors pleasure . 〈◊〉 when a king has his enemies ( for a canquered people are no 〈◊〉 at first ) 〈◊〉 such an advantage , he will scarcely be pers●●ded to put any conditions of forfeiture into his title , and reig●●●● their courtesy . for how frank soever he or his successors m●y be in other respects , it 's unimaginable to suppose they will 〈◊〉 them any dethroning power in their charter . and 〈◊〉 t●e case stands thus , we may fairly conclude , that that magnificency of style , with which our kings are always mentioned , has a suitable authority belonging to it ; that those august names of imperial crown , sovereign , supream , &c. which we meet with so often in our courts of justice , conveyances , and acts of parliament , are no empty insignificant sounds , nor ever designed to describe a precarious prince , who may be resisted or deposed at pleasure . in his sixth section he will allow no prince to have a divine authority , unless he can prove his delegation by prophets , &c. and yet st. paul calls the roman emperor the minister of god ; and i believe the enquirer will grant that neither claudius , or any of his family were proclaimed by bath . coll. or crowned by an angel from heaven . i somewhat wonder that our author should advance such propositions as these ; who grants ( sect. . ) that the submission of the people together with a long prescription makes a prince a legal governor , and when his power is once settled by law , he has a good a right to it as any private person can have to his property . and immediately after he affirms , that though a man has acquired his property by humane means , such as succession , &c. yet he has a security for the enjoyment of it from a divine right . now if prescription and succession gives a prince a good humane title , and this title is confirmed by the rules of natural and revealed religion . one would think since he is thus secured in his government by a divine right , he had a divine right to govern . but after all i freely yield the enquirer , that we cannot reasonably conclude from bare possession , that it is the will of god such persons should be our governors ; for the most part we ought to conclude the contrary , because , as he well observes , this argument from possession iustifies all usurpers when they are successful . by his seventh paragraph we are to take our measures of power , and by consequence of obedience , from the express laws of the state , from the oaths which are sworn by the subject , &c. to make this reasoning applicable to the case in hand , i shall only observe at present , that by his own concessions ( sect. . ) there are many express laws made which lodge the militia singly in the king , that make it plainly unlawful upon any pretence whatever , to take up arms against his majesty , or any commissionated by him , and that these laws have been put into the form of an oath , and sworn by all those who have born any employment in church or state. how well he reconciles the doctrine of resistance with these remarques , will be seen afterwards . the eigth section brings us from natural religion , to the scriptures of the old testament , but it 's only to shew that they are not to be made use of in this matter . now under favour , i conceive , these scriptures are not so foreign to the point , as the enquirer supposes . for though the jewish government was particularly designed for that people , yet being settled by divine appointment , it ought to be highly esteem'd and imitated in its standing and general maxims , by the rest of the world. god perfectly understands the tempers , weaknesses , and passions of mankind ; which makes him infinitely more able to judge what sort of polity best answers the ends of society . so that whatever is not of a peculiar and temporary nature in his establishment , should be the model of their government . and to apply this observation ; since there were no allowances of resistance in the jewish government : but certain death was the ordained consequence of disobedience to the civil power , deut. . . we ought to conclude that such a general submission is most rational , and advantageous for the publick good , and therefore are to take it for granted , that all christian states especially are settled upon this passive principle , where there are not express proofs of the contrary . for it 's no honour to the memory of our forefathers , to infer by remote and strained implications , that they thought themselves wiser than god almighty . to the former part of his ninth section i have nothing to object , but am ready to joyn issue with him upon his notion . as to what he mentions concerning the state of the primitive christians , i shall have occasion to touch upon it afterwards . i shall pass over his tenth section , as being in a manner comprehended in his ninth , and proceed to the eleventh which brings us home to our english government . where as a corollary from his former discourse , he concludes , that the question in debate must be determined by the fixt laws and regulations of the kingdom . which is some comfort ; for then we ought not to be over-rul'd by any general considerations from speculations about original liberty , or arbitrary constructions of salus populi : nor yet by the authorities of civilians , especially those foreign ones , who have had a republican byass clap'd upon their education . in this paragraph he informs his reader , that the king's prerogative is bounded , and that it's injustice to carry it beyond it's legal extent , which no one denies . as for his instance , i cannot well imagine what he brought it for ; i hope it was not to try if he could make some people believe that his majesty had levy'd money by his army , for this he knows is not true. but when any of this violence happens , he tells us the principle of self-preservation seems to take place , and to warrant as violent a resistance . it seems to take place , i. e. he is not sure on 't . but by his own concessions he may be sure of the contrary ; if the exercise of this , which he calls self-preservation , be restrained by the constitution , whether it is , or not , besides what has been said already , will appear farther afterwards . there is nothing more certain than that as he observes , sect. . the english have their liberties and properties secured to them by the constitution . but an allowance of fighting their prince in defence of these liberties , &c. is so far from being reserved to them , that it 's plainly forbidden by many possitive and express laws . indeed how is it possible such a liberty should be reserved in our government , which as the enquirer acknowledges , lodges the militia ( i. e. the power of the sword ) singly in the king. so that without his order , none of his subjects can form themselves into troops , or carry the face of an army , without being lyable to the highest penalties . and whereas he urges , that if we have a right to our property , we must likewise be supposed to have a right to preserve it . he means by force . to this i answer , first , that a man may have an unquestionable right to some things , which he has no warrant to recover vi & armis , but must rest the enjoyment of them , with the conscience and prudence of another . e. g. if the father of a wealthy person falls into deep poverty , he has an undoubted right to a maintenance out of his sons estate , and yet he cannot fairly recover it by force , without a legal provision for this purpose . to bring the instance nearer home : the right of making war and peace , is an indisputable branch of the king's prerogative ; yet unless his subjects assist him , this authority can seldom be exerted to any successful effect , because his majesty cannot levy money ( which is the sinews of war ) without the consent of parliament . farther , every one who is injured in his property , and endeavours the regaining of it by course of law , has without doubt a right to have justice done him . but if the court , where the cause is depending , happens to be mistaken , or corrupted , i desire to know whether it 's lawful for him to raise his arrier ban upon such a disappointment ? our author is obliged by his principle to say no ; and therefore he must either answer , . that the party aggreived ought to appeal to a higher court ; to which it may be replyed , that it 's possible for him to meet with the same misfortune thēre ; for our constitution does not pretend to any insallible , or impecable judges . . his second answer , must be that this is a private case , and therefore a man is bound to submit to ill usage , rather than disturb the publick peace . but to this i return , that we may suppose a general failure of justice through subornation , bribery , &c. and then the oppression will be of a publick and extensive nature ; and yet if a grievance of this magnitude should continue unredress'd after complains , our author will not allow us the benefit of any rougher methods ; for he frankly tells us , that it 's not lawful to resist the king upon any pretence of ill administration in the execution of the law. pag. . so that by his own argument , we may have some very considerable rights , which it 's not justifiable to demand of the government with a drawn sword. secondly , this liberty of resistance dissolves all government ▪ for as i have already observ'd , when every man is the judge of his own priviledges , i. e. when he is made the authentick interpreter of the laws , and may use all the force he can get , at his discretion against the state ; he is then most certainly to be govern'd by no body but himself . and therefore , thirdly , this liberty must be the worst security for peace and property imaginable , as i shall shew more at large by and by . as for his limiting resistance , to plain and visible invasions . this is a very feeble remedy against confusion . for since every one is made judge of the evidence , and the generality are naturally over credulous , and apt to believe ill of their governours , when designing men have once impos'd upon their understandings , and almost har'd them out of their sences , then every thing will be plain to them but their duty . thus it was plain that charles the first intended to introduce popery ; though possibly never any person since the reformation gave ●etter proof of his adherence to the church of england than that ●rince . thus likewise at the beginning of this present revolution , it was plain to the greatest part of the nation , that his majesty had made a league with the french king to extirpate the protestants and their religion . though now the world sees there never was a more malicious , and unreasonable calumny invented : but though reports of this nature are never so monstrous and nonsensical , yet at this rate we shall never want a demonstration for a rebellion ; as long as such loose principles , as the enquirer advances , are allowed . his thirteenth section contains nothing but objections , which to do him justice , are fairly put , considering the small compass they are drawn into . how well he gets clear of the difficulties he was sensible of , the reader must judge ; for now we are coming to his fourteenth and dead doing paragraph , in which he offers to take off all the arguments , which are made for non-resistance . now before i reply distinctly to his answers , i shall endeavour to offer something more than i have urged already in consutation of his main principle . and here it 's not amiss to observe , that the enquirer in his ninth section , makes the measures of our submission much shorter , than those of the ancient christians , because our religion is established by law. by vertue of which distinction , he makes our faith fall under the consideration of property , and from thence concludes by implication , that we may resist our prince in defence of it . but we are to consider though our religion has a legal settlement , yet we have no authority to maintain it by force . nay our laws are express as it 's possible against all manner of resistance ( as himself acknowledges . ) now the law is certainly the measure of all civil right , and therefore to carve out our selves a greater security than the law allows , is destructive of all government . if the mobile get this hint , it 's to be feared they will give him no occasion in their second expedition , to admire them for burning and plundering with so much temper and moderation . further he grants , by consequence , that the roman emperours were irresistable . for i don't find that he allows the primitive christians a liberty of resistance , though they were invaded in their lives and properties , as well us in their religion . now if these emperours were irresistable , i desire to know what made them so ; if he answers the laws , i reply , that the english constitution is as full against taking arms to oppose the king as is possible . if he replies , that it was unlawful to resist the roman emperours , because the making of laws was wholy in their own power ; but where the legative authority is partly in the king , and partly in the people , the case is otherwise . to this i answer , that the division of the legislative power does not weaken the obligation of a law , when all the distinct authorities concur to the making of it . e. g. i question not but our author will grant that the english laws , though the people have a share in enacting them , are as perfect , and ought to be as inviolable , as those in turkey , where all depends upon the princes will : therefore if the authority of the kingdom declares their prince irresistible , this makes him as much so , as if he had given himself this power by conquest , and had been the most absolute monarch in the world. and as this priviledge is clear , so he may make it immortal if he pleases , provided he has a negative upon the remainder of the legislative power ( as the king has upon the two houses ) so that the constitution cannot be alter'd without his own consent . nay if the people have given up their rights of resistance by their own voluntary motion , they are bound in honour as well as justice to maintain their own act. so that it seems more unaccountable not to acquiesce in this case , than if they had been forc'd into such a submission . though it 's not improper to observe , that the act which i have now in view ( viz. car. ) which tells us , it 's unlawfull to levy war offensive , or defensive against the king. does not so much pretend to vest the king with any new authority , as to acknowledg his antecedent right , where it 's likewise declar'd that the militia has ever been the undoubted right of his majesty and his predecessors . which is as plain a concession as can be , that this parliament did not believe our government began upon hobs his pacts , or that the king had his power originally from the people . but supposing the government was founded in the voluntary consent of the people ( the contrary of which has been proved ; ) yet after they have once by the most solemn and deliberate act bound up their hands , and made it unlawful under the highest penalties , to use force against the magistrate ; in this case it 's unreasonable to suppose they can resume their antient liberty at pleasure . for that which a man has alienated by his own free grant , is as much out of his power , as if he had never been possess'd of it at all . so that it 's as great injustice to wrest back that , which i have once given away , as to invade my neighbour in his original property . if it 's objected , that such laws of non-resistance as this are to be understood with a tacit exception . viz. provided the magistrate does not press too hard upon the constitution , and violate the most fundamental parts of it . to this i answer , first , if a law which is so absolutely against all resistance , as appears both by the clear and comprehensive stile it 's pen'd in , and by the time in which it was enacted , which was immediately after we were emerged out of the miseries of a long rebellion , so that we have all imaginable reason to believe the wisdom of the nation design'd to make the most effectual provision to secure us from the like calamity . if i say a law thus remarkquibly worded , and circumstantiated , may be eluded by distinctions , and reservations ; then the statute book is little better than wast paper ; for at this rate there is nothing so plain , but may be glossed away into insignificancy . if he objects , that the natural right we have to preserve and protect our selves , will justify the defence of our lives and liberties against all invaders whasoever , notwithstanding any positive municipal prohibitions to the contrary . to this i answer , that to object thus is to argue against himself , as well as against reason . for he grants by undenyable consequence , ( sect. . ) that the primitive christians were obliged to non-resistance , because they lived under a constitution in which paganism was established by law. he should have said , in which christianity was prohibited , for it was possible for both religions to have been established , as they were in the time of constantine : now if a municipal law ought to be over-ruled by the law of nature when they happen to clash ; then the christians who lived under the heathen emperors might lawfully have taken up arms against the government , because they were deprived of their lives and fortunes against all equity and humanity . for to persecute men so remarquibly regular and peaceable , both in their principles and practices , is as manifest a violation of the law of nature as is possible . and if it was lawful for them to resist , then they seem bound in conscience to do it , whenever they had a probability of prevailing . for without doubt it 's a great fault for a man to throw away his life , impoverish his family , and encourage tyranny , when he has a fair remedy in his hand . but our author has not yet been so severe , as to bring ▪ in the martyrs felo de se. but , secondly , the law of nature obliges all men to stand to their contracts , though they have made them to their disadvantage . they must not , as the scripture spea●● , change , though they have sworn to their own hurt , psal. . except the matter of the contract be malum in se. but for men to bar themselves the use of some liberties ( though never so unquestionable ) with respect to some particular persons , and to tye up their hands in reference to their governors , is no malum in se , for in such a case they dispose of nothing , but what is their own , and that upon a valuable consideration . thus much is acknowledged by our author ( sect. . ) for he tells us , that by the law of nature a man may bind himself to be a servant , or sell himself to be a slave , by which he becomes in the power of another , so far as it was provided by the contract . so that where the contract is clear , it ought to be punctually observed . from whence it follows , that when a nation shall deliberately , and authoritatively declare , either that it always was unlawful for them to take up arms against their king ; or at least that it should be so for the future . after they have thus solemnly disclaim'd all manner of right , or pretence to resistance , to defend themselves by force , is a notorious infraction of their promise , and as much a breach of the moral law , as of the statute book . thirdly , because the authority of the constitution must be weakned , and the ends of government lost , by allowing the subject a latitude of exposition , therefore the wisdom of the nation has thought fit to stick by the letter , when it 's plain and unquestionable , though it is apparently against the intention of the law. of this practice i shall give a considerable instance . in the reign of henry the sixth there was an act made ( which i have already cited to another purpose ) in which all persons not possessed of forty shillings per annum free-hold , are declared uncapable of electing knights for the county . the design of which act was to strike the mobile out of the government , and that none but persons of presum'd discretion might have a share in choosing their representatives . but the value of money being so prodigiously altered since that time , fifteen shillings now , probably being not more than one then ; this alteration has thrown the elections upon multitudes of people , who are apparently excluded by the intention of that law. yet to preserve the majesty of these publick provisions inviolable , this act has always been religiously observed in the literal construction , though it 's manifestly against the meaning of those who made it . fourthly , the government , and consequently the publick liberties , are best secured by adhering to the utmost extent of the words of this act , i. e. by perpetual non-resistance , and therefore if we had nothing else to determine us , we may be well assured , it was the intention of the legislators to oblige us to the letter . in order to the proving this more at large , we are to consider , that the world was never yet so happy , as to be wise , nor i am afraid honest in the greatest part of its numbers . now as long as the gross body of mankind are thus unfortunate in their understandings and morals , the peace of society would be very indifferently secured , if it might be disturb'd by a civil war , as often as weak , or designing men should alledge their grievances would warrant them in resistance . which will appear further if we consider , that in all governments though never so unexceptionably managed , there will be always abundance of male contents . some are distructed because they think they are not sufficiently taken notice of , which makes them endeavour to subvert the present establishment , in hopes of being better considered in another revolution . others are angry because they are removed from places of profit , and reputation , though possibly they have lost their post by their own misbehavior , or at most the prince shews no more arbitrariness in this case , than is allowed every private man , who has the liberty of changing his servants at his pleasure . a third sort happen to have some private dispute with the ministers , whom because they cannot displace , they are resolved to revenge their quarrel upon the king , as if a man should murther the master of the family , or blow up his house , only because he is fallen out with some of the servants . this man has debauch'd away his fortune , and if he cannot plunder upon another , he is under a necessity of starving his vice ; which makes him lay hold of every opportunity to embroil the state. in short , some translate their allegiance out of indigence , and some out of spite . some conspiracies are strengthned by compliance , because a man won't be so morose , as to be loyal , when his friends and acquaintance are on the other side . some engage out of curiosity to satisfie their restless humor , and that they may try something that is new. and some revolt to shew their parts , that the world may see what an admirable scheme of rebellion they can contrive , and how powerful they are to harangue the people out of their senses and loyalty . which is far from being an impossible task , for the multitude are as unstable as the wind , always too inclinable of themselves to envy , and censure their governors , which makes them so easily debauched by every seditious impostor . they have not capacity enough to discover the designs of these pretended patriots , nor to foresee the miseries , which are consequent to intestine commotions , nor yet the compassion and good nature to make allowances for the necessary miscarriages of state ▪ they are naturally uneasie , jealous , and over-credulous , which makes them apt to swallow the most extravagant and impossible relations . tell them that one man will attempt the assaulting of two or three hundered , though he knows they have all as strong arms , and as little passive obedience as himself . tell them that their prince intends to massacre all his subjects , and to reign over nothing but carcases , and desarts : that he intends to sell them to a foreign nation , though he necessarily make himself a slave by the bargain ; yet all these absurdities go down currently with them , when they are confidenly reported : though in reality to suppose that princes will resign their authority , and throw away their crowns , is the most improper , and impracticable thought , we can possibly fix upon them . those who are born and bred to empire and great expectations , and accustomed to the charms of sovereignty and power , who are remarkable for a noble and magnanimous spirit , for sedateness and freedom from passion , such persons don 't usually fall into those excesses of mortification and bigottry , as to throw away their kingdoms , either out of zeal , or contempt : but the populace seldom consider these things ; nay , though it 's apparent that it 's nothing but the conscientiousness , the religious integrety , and great affection the prince has to promote the happiness of his subjects , which makes his conduct unacceptable to them in some cases ; though his mistakes proceed from no worse cause than misinformation , or some uneven parts of his virtues ; yet they want either the apprehension or candour , to make just abatements for so harmless , and generous a principle : but are as violent in their censures , and disobedience , as if he had fetch'd his design from hell , and been the most imperious and ill-natured tyrant in the world. and since men are generally such untoward and ungovernable creatures ; since the great vulgar ▪ and the small , are lyable to such fatal miscarriages , and so apt to deceive and pervert each other : since ambition and caprice , and covetousness have the ascendant over the generality , and shams and stories are oftner believed than truth ; in such a state of degeneracy and weakness as this , the government must be built upon a very sandy foundation , if every one is made a judge of the case of resistance , and all the fools and knaves in a kingdom may rebel when they please . such a scheme of politicks we may imagine would fill all places with tumults , blood , and ▪ confusion , and in a short time almost depopulate the world. but i understand some persons object , that popery and arbitrary power were breaking in like a torrent upon us , that our lives , and libertys , and religion , were just upon the point of being ravished . and when such important interests lye at stake , and we are in danger of losing two worlds at once , 't is time to look about us . in such cases of extremity singular methods are allowable , for necessity justifies whatever it forces us upon . all oaths of allegience all provisions against resistance , though never so peremtory and strict , are to be understood with such exceptions as these : for laws were made to preserve , and not to destroy us . i shall endeavour to give an answer to all the parts of this objection , excepting what relates to arbitrary power , which shall be considered afterwards . and , first , as for our religion which is the main concern , we could not have lost that without our own faults ; no man can rifle our thoughts , or rob us of our understandings . there is no storming of a creed , if it 's not betray'd by cowardice , or treachery , it 's impregnable . to which i may add , that adversity is the best tryal of mens sincerity , and gives them opportunity for the exercise of the noblest vertues . christianity is far from being endamaged by the patience and constancy of its professors . to speak properly , a church can never flourish so much , as when we have frequent instances of fortitude , resignation , and contempt of the world , and all other unquestionable marks of an heroick and invincible honesty . secondly , by our religion , therefore can only be meant , the free , and unmolested profession of it , which though it 's a very desirable priviledge , yet we must not contend for it in opposition to the laws of god and our country . to repel a persecution by the assistance of perjury and treason , is a most unjustifiable and fatal remedy . 't is a cure far above the malignity of the distemper , and conveys plague and poyson in the operation ; it makes us destroy the very life and essence of that which we are so zealous to maintain , and damn our selves to secure our religion . the primitive christians were perfect strangers to these salves for ease and self-preservation , and yet their laws could not be plainer against all manner of resistance than ours . besides , no state can subsist upon such reserves of interpretation as these . for , as has been observed already , if resistance is warrantable in any case ; then every individual person must be made a judge of his prince's conduct , and determine what sort of provocations , and opportunities are sufficient to justify a revolt . now if such a liberty was granted , the foundations of the earth would quickly be out of course : such lose maxims as these do no less than proclaim an indulgence for anarchy and licentiousness , and tear up the very principles of society by the roots . for granting the people were generally honest ( though this i am afraid is a supposition , which has much more of charity than judgment in it , ) yet in regard of distance , into experience , credulity , and shortness of thought ; they are neither fit to pronounce upon the administration of their governors , nor capable of distinguishing imposture from truth ; nor discerning enough to foresee , what plunderings and rapes , what faction and atheism , what extensive ruin and desolation are the inevitable consequences of a civil war. now what can we expect but frequent returns of such a scene of misery , if every man may hang out the flag of defiance against his prince , whenever his weakness or his wickedness shall promt him to it . when the subtle and ambitious can practise without controul upon the unstable , and unthinking multitude , and play their spleen and their rhetorick against the government . when men of turbulent and tempestuous spirits , who love to live in a storm , that they may gratify their malice with the wreck and their avarice with the booty . when such men are allowed to blow up the simple , and over-credulous into jealousie and discontent ; and all the seditious incendiaries may throw their flambeaus , and their wild-fire about a nation . when such dangerous freedoms as these ( which yet are no more than the natural consequences of the doctrine of resistance ) are given ; and varnished over with the specious titles of the laws of nature and self-preservation : we may then easily imagine that justice and peace would soon take their leaves of this world , and mankind would need no other judgment , but the effects of their own vice and folly to destroy them . but , thirdly , supposing extremity of rigour in governours would absolve us from our allegiance ( which we see it will not ; ) yet this was none of our case . indeed if we were to form an idea of his majesties government , by the tragycal harangues of some men , we could not imagine any thing less than the ten persecutions had been amongst us ; and that a great part of the nation had been massacred ; and yet , god be thanked , we lived in great prosperity , free from the exactions , and tributary burthens of other reigns , and if nothing but his majesties severity could have taken us off , we might , for ought appears , have been all immortal . well , say they , though we were not actually swallowed up , yet we were upon the brink of destruction ; and if our deliverers had not timely interposed , the king's dragoons were just going to make their fire upon the bible , and the statute book ; and we must either have been converted to popery , or ashes . but ▪ first , i would gladly know of these men , why they always twist popery and slavery together . for this i can imagine no other reason , except it be to make their monster more frightful to the people . for it 's certain there is no such inseparable connexion between these two things , as is pretended . for had our forefathers nothing which they could call their own till the reformation ? is not magna charta a popish law ? and are there not many liberal concessions from the crown before edward the sixth ? and as their argument has notoriously failed for the time past , so i hope it will never be tryed for the future . secondly , this supposal of severity has as little reason , as duty and decency in it . the clemency and goodness of his majesty's temper ( which character his enemies are so just to allow him . ) the generous protection , and assistance he gave the hugonots ; his employing the protestants in his court and camp , and trusting them with the most important places and secrets , those are mighty evidences that nothing of this horrid nature was intended . besides what force was there to perform this extraordinary exploit ? i suppose few people are so far over-grown with the spleen , as to fancy the protestants would have helped to destroy one another . now before the certainty of the invasion , i believe i may safely say , there was not above papists in arms in the three kingdoms , and probably not much more than the tenth part of those in england . oh , but the irish came over ! not above a regiment or two till the dutch were ready to make a descent upon us ; and when they were most numerous , the english roman catholicks , and themselves scarcely held the propotion of one to two hundred protestants : and , i believe , they did not perceive we were so charmed with the spirit of loyalty , or religion , as to let them cut our throats without opposition : for we protestants , at that time , gave broad signs , that though our principles were passive , yet our hands upon a provocation would be as active as our neighbours . therefore as to those irish who were last sent over , the kingdom was then threatned with such a powerful enemy , and the necessity of affairs was such , that there needs no manner of apology for their coming ; and as for the others who were transported before , their numbers were very inconsiderable ; and though we did not foresee the dutch storm , it 's likely his majesty did . this is certain the preparations in holland were visible long before their design was owned , and therefore his majesty had reason to be upon his guard. besides at that time the english were under apparent discontents , for then the mistery of iniquity began to work , and those hellish stories , which drove his majesty out of his dominions , were reported with great confidence ; and a man was not counted a good protestant , who would not believe them . how well they have been proved since the world knows . and here i cannot omit taking notice what a frantick , and ruinous maxim it is to assert , that it 's lawful for the people to set their kings aside upon a bare jealousie , and apprehension of rigour . give them but this liberty , and an impostor will easily fright them into a state of nature , and carry them whether he pleases . if we may renounce the government as often as any bold pretence is made against it , and translate our allegiance upon conjecture and report , the contests about dominion would be so frequent and terrible , yet we had better disband into solitude , than live any longer together ▪ if calumnies and aspersions ( and all undemonstrated reports ought to go for no more ) are sufficient to cancel our obedience , then no prince can have any title as long as there is either knavery , or folly in the world. this principle lays a foundation for a rebellion every week , and renders all government impracticable . by acting in this manner we put it in the power of slander and perjury to determine the weightiest points of justice ; and make it an easie task to over-turn a kingdom with a lye. if it be urged that it is needless to search after farther proof that the subversion of protestancy was intended , because a prince of his majesties perswasion and zeal must necessarily think himself obliged to pursue a design of this nature . before i return an answer , i shall just observe that religious zeal , though it acts upon misinformation is really a commendable quality : for it 's an infallible sign of a good intention , it argues great charity to the souls of men , and a generous desire to propagate truth , and to promote the glory of god. to speak freely , i cannot be heartily angry with a man ( though his methods of discipline are never so unacceptable ) who , i am perswaded , has no other design than to carry me to heaven ; though i had much rather he would permit me to go thither my own way , because it 's almost impossible i should go any other . for rigour is usually very unfortunate both to the proselyter , and proselyted ; it creates prejudice and aversion to the one , and makes no more than a hypocrite of the other . but to proceed to the objection , in order to the confuting of which , i shall endeavour to prove these two things . first , that his majesty is not obliged by the principles of his church to attempt the converting his subjects by severity . secondly , that in all humane probability such a method would prove unsuccessful . first , that his majesty is not obliged by the principles of his church to attempt the converting his subjects by severity . the doctrine of the church of rome , i conceive , is to be collected these four ways , either from her eminent divines , the bulls of popes , the decrees of councils , or the usual practice ; which when a case is doubtful , ought to be taken for the sense of a communion . to begin with their divines ; cassander , a person of great learning and judgment , and whose writings were never censured , insists upon gentle methods for the propagation of religion , disapproves of severity , and tells us it has been a miserable occasion of the spreading of schisme , ( de offic. pii viri , pag. . . ) but because it may be objected this author was more gentle in his censure , and allowed a greater latitude than the generallity of communion ; i shall subjoyn the testimonies of others of a straiter principle ; and who are well known to carry up popery to the height . . thomas aquinas yields ae . q. . art. . c. that unlawful worship , ritus infidelium ( under which words he comprehends an heretical religion , as appears both from this conclusion , and from his next question , ae . q. . . ) may be tolerated in some cases . which he proves , . because the church ought to take her measures of government from the administrations of providence . now god permits many ill practises in the world , least a forcible restraint should prevent a greater good , or prove the occasion of a greater evil. therefore infidels and hereticks have been sometimes tolerated by the church , when their numbers were great , and discipline could not take place without the hazard of giving great offence ; without occasioning a commotion ( or civil disturbance ) and hindring the salvation of those who by fair means might by degrees be won over to the catholick faith. these arguments for toleration are much stronger now , than they were either in aquinas his time , or before it : and therefore if he had lived since the reformation , we have reason to believe he would have pressed them more at large . which probably is the reason why cardinal lugo , who wrote since the counsel of trent , is more full and particular in the point . for though he won't allow a tolleration but upon a very great occasion , yet in such a case he acknowledges , that a catholick prince may give liberty of conscience to his heretical subjects . for this opinion he quotes acquinas , and says he , was followed by the rest of the divines , particularly naming suarez , coninch and hurtado . he adds , that this practice has been used by many of the most pious christian princes , who tolerated open heresie when they could not oppose it without the danger of a greater inconvenience . for this urgent occasion ( causa gravissima ) is then supposed to happen ( as he proves from hurtado , ) when religion is likely to be more damnified by the denial than by the grant of such an indulgence , when the people are in danger of growing mutinous and diserderly by strict usage . and therefore in an heretical country such a liberty of conscience may be granted without any difficulty : and in a catholick one too when things are desperate . he proceeds farther , and tells us , that such an allowance to hereticks is a thing lawful in its self ; and therefore when a prince has passed his promise , he ought punctually to keep it . lugo . de virt. div . fid. disp. . sect. . numb . . . . . we see therefore , that in the opinion of these schoolmen ( though none of the kindest ) we are not to be roughly managed till the major part of us are gained by dint of argument , which is so improbable a supposition in england , that i think we need not trouble our selves about the consequences of it . it 's true bellarmine ( de laicis lib. . cap. . ) pretends to prove by scripture , the fathers , and reason , that kings ought not to permit a liberty of belief , but then he supposes their authority to be absolute ; as appears from his instances of the jewish kings , and roman emperors . therefore his doctrine does not oblige princes , who have only a part ( though a principal one ) in the legislative power , especially when a different communion is established by the laws of the realm , which cannot be repealed but by consent of parliament . a king when he exceeds his prerorogative , is in some measure out of the sphere of royalty : for though his subjects are not to resist him , when he persecutes against law , yet his actions , having no warrant from the constitution , are altogether private and unjustifybale . secondly , and thirdly , the application of this remark will give the decrees of popes and counsels , relating to this matter , a fair interpretation : for neither the bulls of paul the fourth , nor pius the fifth , against hereticks , nor the bulla caenae of urban the eighth , nor the third canon of the great counsel of lateran , in which places , if any where , we have reason to expect this severity of doctrine , i say it 's neither openly asserted , nor can it be collected from any of these authorities , that a limitted prince is obliged to break through the establishment of his country , and act arbitrarily for the sake of religion ; or ( which is all one ) that a private man ought to propagate the orthodox faith vi & armis , though he violates the laws of civil justice , as well as humauity by so doing . fourthly , if the point was dubious , the practice of the roman church ought to determine the controversie . now matter of fact carries it clearly for the favourable side . to begin with france ; it is certain that from the time of henry the fourth till within these few years , the hugonots have had little or no disturbance about their religion , notwithstanding the absoluteness of that monarchy , and the vast majority of roman catholicks amongst them , and yet this indulgence of their kings has never been condemn'd as a prevarication of their duty . to proceed , in the cantons of switzerland the protestants at this day enjoy their perswasion with ease and security enough ( dr. burnet's travels . ) the same liberty is allowed the reformed in germany by several princes of the roman communion ; viz. by the duke of newburgh , the bishop of montz , the prince of salzback , and the bishop of hildershem , &c. and having shew'd that his majesty is not obliged either by the doctrine , or practice of his church to push things to extremity ; i shall prove in the second place , that in all humane probability such a method must prove unsuccessful , and consequently the use of it is apparently against his majesty's interest . he that considers the present circumstances we are in , and takes a full view of the state and complexion of our affairs , must conclude it a romantick enterprize to endeavour the establishing the romish faith in this kingdom . this religion is not only against the conscience , but the grain of the english nation . many things they are firmly perswaded are erroneous and unaccountable , and others they can very hardly reconcile their temper to , though they thought them true. in short , there can be no danger that popery should become the religion of the kingdom , since the abby lands are possessed by the layety , and most of the clergy , by having families , are engaged in the same interest : besides some believe the church of rome too indulgent , and some too strict a mother . for we have enough among us who will neither stoop to the submissions of consession , nor bear the over-grown grandeur of that church : so that if they had no other arguments ( as they have the best imaginable ) their spirit would secure their protestancy . now when a people have such strong convictions to keep them where they are , and such an unconquerable aversion to the roman communion . when argument and inclination lies the same way . when there is sense and reason , scripture and antiquity , numbers , humor and interest , ( all the motives that heaven and earth can suggest ) against a religion , there is little likelihood of its prevailing . besides , the circumstance of time would be no small obstacle to a design of this nature . for the controversie between us has not only been lately handled at large , and drawn down to every vulgar capacity ; but the victory has fallen indisputably , and entirely on the church of englands side . and though the roman catholicks may think otherwise , yet as long as the protestants are of this opinion , the effect will be the same . insomuch that if we had another advantage , the fresh sense of success and triumph would almost make us impregnable . and when things stand in this posture , as every one that has but half an eye must now see they doe . how well soever a man may be assured of the truth of his religion , he is no more bound to drive against all these difficulties and oppositions , than he is to stand in a sea breach . those spiritual directors are fit for bedlam , who will run princes upon such dangerous impossibilities , where there is so much hazard without the least glimpse of success . since therefore his majestys communion does not force him upon such rigorous and impracticable designs , as his enemies would make us believe ; since he has neither duty to oblige , nor hopes to succeed , nor ( for ought appears ) inclination to execute . it seems uneasonable as well as uncharitable , to suppose he will disquiet his age , and disgust his subjects , and hazard his kingdoms any more about disputes of this nature . can we imagine any prince will venture upon an expedient , which is demonstratively feeble and insufficient , and which to speak softly , has proved so unfortunate upon the bare ▪ presumption of a tryal ? will he stand a course , where he knows there are nothing but rocks and shallows , without any prospect of advantage by the voyage ? no ; self-preservation and common-instinct will keep a man from such attemps as these . but to return more directly to our author ( though , i hope , this has been no unseasonable digression . ) having shewn therefore what an insecure distracted condition a state must be in , if subjects were permitted to take up arms , as often as they were abused , or ill disposed : i shall proceed to shew how much safer their liberties are under the protection of that unreputable , as well as unpractis'd vertue of passive obedience . and here ( as has been already hinted ) we have the honour , and conscience , and interest of princes to secure us ; and how defective soever the two former principles may be , the latter must certainly take a firm and universal hold of mankind . few people in their senses will pursue those methods , in which the hazard is so apparently over-proportioned to the probability of success . now every one knows that rigour and oppression is apt to make the subjects run riot , though they are under never such strict obligations to submission . and therefore princes who have more to lose than others , will be more cautious of giving a colourable provocation : besides when they find their subjects under peaceable principles , and aknowledging themselves bound never to disturb their governours upon any pretence whatever . this will make them have the less temptation to oppress them . this will encourage them to enlarge the freedom of their people , when they are so well assured their favours will not be abused . but when maxims of resistance are strow'd , and the whole multitude authorised to determine when this extraordinary priviledge is to be used , which must be allowed , otherwise it s perfectly insignificant ; for i suppose the prince will scarcely tell them when they are to rebel . when such singular positions as these are advanc'd , governours must needs be alarmed , and uneasie , and take the first opportunity to crush their subjects , and disarm them of that dangerous power which is so likely to be turned against themselves ; which design if not actually compassed , would be often attempted ; and consequently the people must be either enslaved , or embroyled . these are the natural effects of such licentious tenets ; they either prove the inlets of arbitrary power , or else keep us in perpetual commotions , and deprive us of all the advantages of society . farther , though the supream magistarte is unaccountable , yet his ministers are not . those who execute his illegal commands may be punished for their complyance . and if the present authority should protect them from tryal , and stop the course of justice . they have the uncertainty of their princes humour , the fears of his understanding their false conduct , but especially the vengeance of another revolution to keep them in awe . now the conjuction of all these arguments for passive obedience , are found both in reason and upon experiment , to be a much better fence for the prop●●●y o● the subject than to authorise resistance upon any account whatever . for this cannot be done without making every individual person a proper interpreter of so dangerous a law ; and giving the people leave to discharge themselves of their allegiance whenever they please . now to give pride , and poverty , and revenge , a general liberty to disturb the publick peace , to allow the subjects to fire upon the crown , as often as they are either ambitiously enclined , or unreasonably frighted and imposed upon ; as in effect to let loose the principles of ruin upon a nation ; and to arm all the wild and ungovernable passions of mankind to its own destruction . and since non-resistance has so many advantages above the contrary tenent , we ought to interpret the law i have been speaking of to this sense ; since not only the plain words , but the common . interest and safety , require such an interpretation : for the design of all laws being to provide for the general convenience , they are by no means to be set aside , though the keeping of them should prove uneasie to some particular times and persons . there is no absolute security in this world , and therefore we ought to stick to those measures which afford us the best ; especially when they are legally established , so that we have no liberty to change them though they were less commodious . and though the doctrine of non-resistance may sometimes press hard upon the subject , yet this very rarely happens , for generally speaking the most arbitrary rigors of the prince are more tollerable than the miseries of disobedience , and civil distractions . i shall give a very gentle instance ; viz. the late expedition of the mobile , who besides the terror and barbarity of their irruption , have in a few days violated more property than probably has suffered by the stretch of the prerogative in an hundred years . therefore since unconditional submission is the best expedient to prevent perpetual broyls and insurrections , and the only solid foundation to fix the government upon ; we ought in duty to god , and our country to adhere unalterably to this doctrine . and if we happen to fall upon a less fortunate age , we must take our chance contentedly , and rest the event with providence , and not fly of from those principles which carry so vast an odds of advantage in them ; by the practice of which our fore-fathers have been , and our posterity is likely to be happy . and now having shewn the unsoundness of his main principle , a little trouble will answer the rest of his arguments . first , he tells us , that all general words are supposed to have a tacit reserve in them , where the matter seems to require it . to this i answer , that in this case the matter does not seem to require any reserve , because such an exception would frustrate the intent of the law , and undermine government . as for his instances in children and wives , they come very much short of his point : for though children ( notwithstanding the general words in scripture ) are not to do every thing their parents may command them , yet certainly they are not to enter into confederacies against them , to fight them , and turn them out of their houses upon any provocation whatever ; and therefore much less is the father of their country to be used in that manner . his instance in marriage is as unlucky as the former . where the parties swear unconditionally to cohabit together till death , and yet as he observes , it 's not doubted but that adultery disengages them from their contract . but the reason why the universality of the terms are limitted in this case is , because we have an express determination of our saviour to warrant it ( matt. . . ) let him produce any such authority for resistance , either from gospel , or law , and we will yield the point . in return to his saying , odious things are not to be suspected , and therefore not to be named . i desire to know of him what is more odious than knavery , yet all securities in law are plain suspicions of such scandalous dealing , and make express provisions against it , though the quality of the persons contracting are never so unequal . so that if there had been any such contract between our kings and people , as some men fancy , the terms of forfeiture would no doubt have been as plainly express'd , as they are in private concerns . and that this is more than a conjecture , is evident from practice of flanders and poland , where such express allowances of resistance have been actually made , ( how politickly i shall not determine ) as appears from meierus , and chytraeus , as they are cited by grotius , ( de iure belli , &c. annot. ad cap. . lib. . sect. . ) nay himself vindicates the dutch from the charge of rebellion ahainst philip the second upon this ground , viz. because it 's confest by historians on all sides that there was an express proviso in the constitution of their government ; that if their prince broke such and such limits , they were no more bound to obey him , but might resist him , which original contract was notoriously broken by the duke of alva their governour . reflections upon parliam . pacif. p. . i shall give another instance out of thuanus to this purpose , relating to hungary . this historian ( lib. . ) informs us , that the protestant nobility of that kingdom , wrote to the states of bohemia , siesila , and moravia ; in which letters they complained very much of the hard usage they had received from the emperors ministers , &c. and after a recital of their grievances , ( which were of the most provoking nature imaginable ) they add , that amongst their other priviledges , ( which ought to be confirm'd in every convention ) they have this remarkable one , granted in the reign of king andrew the second , an. dom. . the tenour of which is as follows , viz. that if his majesty , or any of his successors should happen at any time hereafter to act contrary to those provisions , by which the privileges and liberties of the kingdom were established , that from thenceforth it should be for ever lawfull for the subjects without the least blemish of disloyalty to resist and oppose their prince . this was a decree to purose , by vertue of which ( as thuanus observes ) the protestant hungarians justified their arms against their king : and we may take notice in contradiction to what our author affirms ; that such odious things , and their remedies too , where they are allowed , are particularly named , and provided for . therefore we may fairly conclude , that where none of this plain dealing is to be seen , the constitution does not admit of any such singular reservations . indeed to talk of a character for resistance in a country which has been conquered so often , and all along monarchically governed , seems to be a romantick supposition . for can we imagine that when our kings had sought themselves into victory and power , and forc'd a nation to swear homage and submission to them , that they should be so easie as to article away their dominions , make their government precarious , and give their subjects leave to disposess them , as often as they should be pleased to say they had broken their agreement : but the silence of our laws and history as to any such compact , is a sufficient disproof of it ; for if there had been any such enfranchising instrument , how prejudicial soever it might have been in its consequence . yet the natural desire of liberty would have occasioned the preserving it with all imaginable vigilance : and as it would not have miscarried through negligence , so if violence had wrested such a pretended palladium from us , the calamity would have got into the almanack before this time , and been as certainly recorded as the destruction of troy. since therefore we have no evidence either for the possession , or so much as for the loss of this supposed privilege , we may certainly conclude we never had it , or at least must grant that no claim can be grounded upon such an improbable conjecture , for idem est non esse & non apparere . secondly , our author urges , that when there seems to be a contradiction between two articles in the constitution , the interpretation ought to be given in favour of that article , which is most evident and important . from whence he proceeds to assert , that there is a seeming contradiction between the provisions for the publick liberty , and the renouncing all resistance . and therefore the constitution ought to be expounded in behalf of the former , as being most advantageous to government : now one who had never read the statute book , would imagine by this authors argument , that we had some laws for the taking up arms against the king , as well as others which forbid it , and both equally plain , than which nothing is more false . and upon supposition there was any such clash in our acts of parliament , the law for non-resistance being last enacted must necessarily take place , and repeal whatever was before established to the contrary . but , secondly , i answer , that i have already proved that the rights of the subject are best secured by non-resistance , and therefore they are no ways inconsistent , or contradictory , to each other . so that our liberties had much better lye at the discretion of kings , who have much greater motives than others to do justice , and give general satisfaction , than to depend upon the management and mercy of the people , and be liable to such fatal convulsions which must happen as often as discontent , and ambition can impose upon the weakness and inconstancy of the multitude . thirdly , his third argument is the same with his second , which he has given us in different words , that what we want in weight , may be made up in number . it begins somewhat remarkably , since it is by law that resistance is condemned , we ought not to understand it in such a sense , as that it does destroy all other laws . first , now one would have thought that the condemning resistance , or any other action by a law , had been the only way of doing it to any purpose . but this author seems to draw a consequence of abatement upon this doctrine from its authority , as if it was to be less observed because it is established by law. but , secondly , to give him rather more advantage than the construction of his period will allow . i answer , that i have already made it appear , that to wrest the laws from their plainest and most obvious sense , is to make them perfectly useless ; and that non-resistance is the best expedient to preserve the laws and every thing else that is valuable : and therefore though its plain that the law did not design to lodge the wole legislative power in the king ; yet as its plain that it intended to forbid resistance in case he should set about it : for the law-makers declare in in as full intelligible words , as can be conceived , that the militia , the posse regni , was always the undoubted right of his majesty and his predecessors , and that its unlawful to take up arms against him upon any pretence whatever . now if its possible for a law to make , or declare a monarch irresistible , which i suppose no man will deny ; i desire to know whether it can be drawn up in more significant , and demonstrative terms , than this act before us ? if it cannot , then our author has no imaginable reason to dispute this part of the king's prerogative . as for his instance , that the legislative power is invaded , and the constitution of parliaments dissolved . this charge is aggravated beyond all decency and matter of fact : for it s well known , that the king did not pretend to make his proclamations equivalent to an act of parliament ; and what his majesty acted by way of dispensation , was not only directed by the present judges , but grounded upon a solemn resolution of all the twelve in hen. th . reign , in a case seemingly parralell , which sentence has been followed by eminent lawyers since , and never reversed by act of parliament . as to the regulation of corporations , that was a method begun by charles the second , a protestant prince , and applauded by all the loyal party of the nation : besides the burroughs were not so prodigiously altered , but that we might have had a good protestant parliament out of them , as appears from the elections made upon the writs issued out in august last , where those who were against repealing the penal laws and tests , carried it with great odds against the other party : and since we know his majesty has returned the charters to the state of . and here it may not be improper to observe , that prerogative has been as remarkably misunderstood at court in former ages ; of which several instances might be given , but i shall consine my self to the reign of one , who on all hands is accounted a most excellent prince : i mean king charles the first . now the lords and commons in their petition to the king complain , that his majesties subjects had been charged with aids , loans , and benevolences contrary to law , and imprisoned , confined , and sundry ways molested for non payment . that the subjects had been detained in prison without certifying the cause , contrary to law. that they had been compelled to quarter soldiers and marriners contrary to law. that notwithstanding several statutes to the contrary , divers commissions had been issued out under the great seal of england to try soldiers and marriners by martial law ( quarto car. . rushworth's coll. ) to this i might add the levying ship money , coat and conduct money , &c. but i am not willing to enlarge upon so unacceptable a subject , non to discover the misfortunes of the father any further than justice and duty to the son obliges me ; i say the misfortunes , which we see the best princes through misinformation , or improper advice may sometimes fall into : however i must crave leave to take notice , that these were other manner of grievances than the dispencing with penal laws , both in respect of the evidence and consequences of them ; and , yet i am sure , the war which was made by the subjects upon this score , is by our laws declared an horrid and notorious rebellion . this i mention not to justifie the conduct of the ministers , but to shew that under these circumstances a mistake in his majesty ought rather to be lamented than exposed , and magnified at such an enflaming hyperbolical rate . and to this modesty of behaviour we are now more especially obliged , since his majesty has promised to redress past errors , * which is a plain argument that some of his former measures are unacceptable to himself , as well as to his subjects , and that he will not pursue them for the future . fourthly , our author proceeds to argue , that the law mentioning the king , or those commissionated by him , shews plainly that it designed only to secure him in the executive power , for the word commission necessarily imports this : since if it is not according to law it 's no commission . from whence , i suppose , he infers that those who have it may be resisted . now that this inference is wide of the mark appears , first , because when this law was made , the king was not restrained from commissionating any person whatever in the field , and therefore the legislators could have no such design in their view as the enquirer supposes . secondly , the test act which was made several years after the former , though it bars the king from granting military commands to those ▪ who refused to give the prescribed satisfaction , that they were no papists ; yet this statute only declares their commissions void , and subjects them to some other penalty ; but it does by no means authorise the people to rise up in arms and suppress them , and therefore by undeniable consequence it leaves the other law of non-resistance in full force . thirdly , this law which declares it unlawful to take up arms against those who are commissionated by the king , was designed ( as may reasonably be collected from the time ) to combat that pernicious distinction between the king's person and his authority , which has been always too prevalent ; though in reality it 's nothing but the king's authority which makes his person sacred , and therefore the same inviolable priviledge ought to extend to all those who act under him : yet notwithstanding this , it has often happened that those who pretend a great reverence for his person , make no scruple to seize his forts , sight his armies , and destroy those who adhere to him , under the pretence of taking him out of the hands of evil counselors , which has been the most usual , and plausible colour of subverting the government . this act therefore which was made soon after the restauration , we may fairly conclude , was particularly levelled against this dangerous maxim , which had so fatal an influence upon the late distractions . fourthly and lastly , the enquirer urges , that the king imports a prince clothed by law with the regal prerogative , but if he goes about to subvert the whole foundation of the government , he subverts that by which he has his power , and by consequence he annuls his own power , &c. first , to this it may be reply'd , that bare endeavouring to do an action , though the signs of executing may be pretty broad , is not doing it in the construction of humane laws , e. g. drawing a sword upon a man is not murther . the intention of the mind is often impossible to be known ; for when we imagine a man is going to do one thing , he may be going to do another , for ought we can tell to the contrary ; or , at least , he may intend to stop far short of the injury we are afraid of . and supposing we had an authority to punish him , there is no reason that conjecture , and meer presumption should make him forfeit a right , which is grounded upon clear and unquestionable law. but , secondly , if with reference to the present case , our author means that the government is actually subverted , as he seems plainly to affirm pag. . then i grant the king's authority is destroy'd , and so is the property of the subject too . for if the government is dissolv'd , no man has any right to title or estate , because the laws upon which their right is founded , are no longer in being . but if the government be so lucky as not to be dissolv'd , then the king's authority remains entire by his own argument , because it 's supported by the same constitution which secures the property of the subject . in his sixteenth paragraph we have a mighty stress lay'd upon the difference between male administration and striking at fundamentals , as if it was lawful to resist the prince in the latter case , though not in the former . but if this distinction had been own'd by our constitution , we may be assured we should have had a plain list of fundamentals set down in the body of our laws ; particularly we have all imaginable reason to believe that these fundamentals would have been mentioned , and saved by express clauses and provisoes in those statutes which forbid resistance . for without such a direction it would be impossible for the subject to know how far his submission was to extend , and when it was lawful to make use of force . such an unregulated liberty would put it into the power of all popular , and aspiring male contents to corrupt the loyalty of the unwary multitude , as often as they thought fit to cry out breach of fundamentals . and at this rate it is easy to foresee what a tottering and unsettled condition the state must be in . and therefore according to the old maxim , ( for which there was never more occasion ) ubi lex non distinguit , non est distinguendum . i have now gon through his principles , and i think sufficiently shewn the weakness , and danger of them . and if so , his catalogue of grievances signify nothing to his purpose , though there was much more aggravation , and truth in them than there is . but time has now expounded the great mystery , and made it evident to most mens understandings that our authors party has fail'd remarkably in matters of fact , as well as in point of right . for they have not so much as attempted to make good the main and most invidious part of the charge against his majesty ; though ( to omit justice ) honour and interest has so loudly called upon them to do it . their giving no proof after such importunity of their own affairs , is a demonstration they never had any : for how defective soever they may be in other respects ; we must be so just as to allow them common sence . the end . notes, typically marginal, from the original text notes for div a -e * letter to the convent . the case of resistance of the supreme powers stated and resolved according to the doctrine of the holy scriptures by will. sherlock ... sherlock, william, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of resistance of the supreme powers stated and resolved according to the doctrine of the holy scriptures by will. sherlock ... sherlock, william, ?- . [ ], p. printed for fincham gardiner ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to. divine right of kings. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of resistance of the supreme powers stated and resolved , according to the doctrine of the holy scriptures . by will. sherlock , d. d. rector of st. george buttolph-lane , london . london : printed for fincham gardiner , at the white-horse in ludgate-street . . to the right honourable francis lord guilford , lord keeper of the great seal of england , and one of his majesties most honourable privy council . my lord , i humbly beg leave to present to your lordships hands , a very plain discourse , but very necessary in such an age as this , wherein the principles of rebellion are openly profest and taught , and the doctrine of non-resistance and passive obedience , not confuted , but laught out of countenance . there ▪ have been indeed a great many excellent books writ upon this argument by learned men ; but i fear most of them are too learned for ordinary readers , who most need instruction , and are most easily poisoned with seditious ▪ doctrines ; and therefore there is still occasion enough ▪ for such a small treatise as this , which i hope is fitted to the understanding of the meanest men , who will be so honest , as impartially to consider it : and those who will not read nor consider , what is offered for their conviction , are out of the reach of all instruction , and must be governed by other methods . my lord , your lordships known loyalty and zeal for the service of the crown , which by the favour of a wise and discerning prince has deservedly advanced you to so high as station , made me presume , that such a present as this , though in ▪ it self very mean , might not be unacceptable to you , especially when it is intended as a publick acknowledgment ( the best which my mean circumstances in the world enable me to make ) of those great favours i have received from your lordship . that god would bless your lordship with a long life , and vigorous age , and encrease of honour , for the service of the king , and of the church , is the prayer of , my lord , your lordships most humble and most obedient servant ▪ w. sherlock . the case of resistance of the supreme powers stated and resolved , according to the doctrine of the holy scriptures . the introduction . i presume , i need make no apologie for the seasonableness of this discourse at this time : for if e-ever it be fit to put people in mind of that subjection which they owe to the higher powers , no time can be more proper for it , than when we see the peace and security of publick government disturbed and endangered by popish and fanatick conspiracies , who like sampson's foxes , though they look very different ways , yet are tyed together by the tail with a firebrand between them ; and had not the good providence of god wonderfully appeared for the preservation of his anointed , i am sure it had been a very unseasonable time now to have treated on this subject ▪ and therefore , setting aside all apologies , i shall onely give a brief account of the designe of this following treatise . there are three ways of proving and confirming the doctrine of non-resistance , or subjection to soveraign princes . . by the testimonies of the holy scriptures . . by the doctrine and practice of the primitive christians . . by the fundamental constitutions of that particular government under which we live . i have considered the last , as much as was necessary to my purpose . the second i have not meddled with : for whoever has a mind to be satisfied about it , may consult that admirable discourse of archbishop usher , about the power of the prince , and the obedience of the subject ; which will not cost much money , nor take up much time to read it . but the designe i proposed to my self , was carefully to consider the testimonies of scripture , which are beyond all other authorities , and to vindicate them from the cavils and exceptions of the several patrons of resistance . and the whole discourse is divided into these following chapters . . the first contains the authorities of the old testament ; wherein i have plainly shewn , that god himself set up a soveraign and irresistible power in the iewish nation ; and that during all that time , it was unlawful for subjects , upon any pretence whatsoever , to resist their princes . . the second contains the doctrine of our saviour , concerning subjection to soveraign princes . . the third contains an account of our saviour's example in this matter . . the fourth considers what saint paul's doctrine was about subjection . . the fifth , the doctrine of saint peter . . the sixth contains an answer to the most popular objections against non-resistance . in examining the authorities of scripture , i have carefully considered whatever has been plausibly urged in defence of the doctrine of resistance , and reduced it under those particular texts which have been thought most to favour it : and i do not know of any thing material , which has been pleaded in this cause , which i have wholly omitted . possibly some may complain , that i have not observed the exact rules of art and method in this , to propose the question , to explain the terms of it , to produce my proofs , and then to answer the objections which are made against it . now this i must acknowledge in part to be true ; and i think this discourse never the less perfect for that . the proposition i undertake to prove , is this : that soveraign princes , or the supreme power in any nation , in whomsoever it is plac'd , is in all cases irresistible . this is a plain proposition , which needs no explanation : and the way i take to prove it , is as plain ; by producing the testimonies of scripture both of the old and new testament , as they lie in order , and shewing what power they grant to princes , and what obedience they require of subjects . this is the fairest way i could think on , to give my readers a full view of the doctrine of the scriptures in this matter ; and this was all i intended to do : for i am verily perswaded , that were men once convinced that resistance of princes is expresly contrary to the doctrine both of the old and new testament , it would be no easie matter , by any other arts or pretences , to draw the most fanatical and factious persons amongst us ( who retain any reverence for god ) into a rebellion . chap. i. wherein the unlawfulness of resisting the supreme powers is proved , from the authority of the old testament . to prove the unlawfulness of resistance , i shall begin with the old testament . now there is nothing more evident , than that god set up such a supreme and soveraign power in the iewish nation , as could not , and ought not to be resisted by the fundamental laws of their government . for this is all i am concerned at present to prove , that it is never lawful to resist the higher powers ; not that the supreme and soveraign power is always to be in a single person , but that wherever it is , it is irresistible , and that whenever this supreme power by the laws of the nation , is invested in a single person , such a prince must not upon any pretence whatsoever be resisted . the first governour god set over the children of israel , when he brought them out of the land of egypt , was moses ; and i think i need not prove how sacred and irresistible his authority was . this is sufficiently evident in the rebellion of korah , dathan , and abiram , against moses and aaron , when god caused the earth to open her mouth and swallow them up , numbers . and lest this should be thought an extraordinary case , moses and aaron being extraordinary persons , immediately appointed by god , and governed by his immediate direction ; the apostle st. iude alleadges this example against those in his days , who were turbulent and factious , who despised dominions , and spake evil of dignities , that they should perish in the gainsaying of core , iud. v. . which he could not have done , had not this example extended to all ordinary , as well as extraordinary cases ; had it not been a lasting testimony of gods displeasure against all those , who oppose themselves against the soveraign powers . but moses was not always to rule over them , and therefore god expresly provides for a succession of soveraign power , to which they must all submit . the ordinary sovereign power of the iewish nation after moses his death , was devolved either on the high priest , or those extraordinary persons whom god was pleased to raise up , such as ioshua and the several iudges , till in samuels days it setled in their kings . for as for the iewish sanhedrim , whose power is so much extolled by the iewish writers , who are all of a late date , many years since the destruction of ierusalem , and therefore no competent witnesses of what was done so many ages before , it does not appear from any testimony of scripture , that there was any such court of iudicature , till after their return from the babylonish captivity . but yet god took care to secure the peace and good government of the nation , by appointing such a power as should receive the last appeals , and whose sentence in all controversies should be final , and uncontroulable , as you may see in the deut. , , , , v. there were inferiour magistrates and iudges appointed in their several tribes and cities , which moses did by the advice of iethro his father-in-law , and by the approbation of god , exod. . but as the supreme power was still reserved in the hands of moses , while he lived , so it is here secured to the high priest , or iudges , after his death ; for it is expresly appointed , that if those inferiour iudges could not determine the controversie , they should come unto the priests , the levites , that is , the priests of the tribe of levi , ( who by the ver . appears only to be the high priest ) and to the iudge that shall be in those days , that is , if it shall be at such a time , when there is an extraordinary judge raised by god , ( for there were not always such iudges in israel , as is evident to any one who reads the book of iudges ) and of them they should inquire , and they shall shew the sentence of iudgment ; and thou shalt do according to the sentence which they of that place , ( which the lord shall choose ) shall shew thee , and thou shalt observe to do according to all they shall inform thee . where the place which god shall choose , signifies the place which he should appoint for the ark of the covenant , and for the levitical worship ; which was the place where the high priest , and the chief iudge or ruler of israel , when there was any such person , had their ordinary residence ; which was at first at shilo , and afterwards at ierusalem . and what the authority of the chief priest , or of the iudge when there was one , was in those days , appears from v. . and the man that will do presumptuously , and will not hearken to the priest , ( that standeth to minister there before the lord thy god ) or unto the iudge , even that man shall die , and thou shalt put away the evil from israel . this is as absolute authority , as the most absolute monarch in the world can challenge , that disobedience to their last and final determination , what ever the cause be , shall be punisht with death : and what place can there be for resistance in such a constitution of government as this ? it is said indeed in v. . according to the sentence of the law , which they shall teach thee , and according to the judgment that they shall tell thee , thou shalt do . and hence some conclude , that they were not bound to abide by their sentence , nor were punishable , if they did not , but onely in such cases , when they gave sentence according to the law of god. but these men do not consider that the matter in controversie is supposed to be doubtful , and such as could not be determined by the inferiour courts , and therefore is submitted to the decision of the supreme iudge ; and as he determined , so they must do ; and no man , under the penalty of death , must presume to do otherwise : which takes away all liberty of judging from private persons , though this supreme iudge might possibly mistake in his judgment , as all humane iudicatures are liable to mistakes ; but it seems god ▪ almighty thought it necessary that there should be some final judgment , from whence there should be no appeal , notwithstanding the possibility of a mistake in it . so that there was a supreme and soveraign , that is , unaccountable and irresistible power in the iewish nation appointed by god himself : for indeed it is not possible that the publick peace and security of any nation should be preserved without it . and i think it is as plain , that when the iews would have a king , their kings were invested with this supreme and irresistible power : for when they desired a king , they did not desire a meer nominal and titular king , but a king to judge them , and to go out before them , and fight their battels ; that is , a king who had the supreme and soveraign authority , sam. . . . . a king who should have all that power of government , excepting the peculiar acts of the priestly office , which either their high-priest or their iudges had before . and therefore when samuel tells them what shall be the manner of their king , ver . though what he says does necessarily suppose the translation of the soveraign and irresistible power to the person of their king , yet it does not suppose that the king had any new power given him more than what was exercised formerly by their priests and iudges . he does not deter them from chusing a king , because a king should have greater power , and be more uncontroulable and irresistible than their other rulers were : for samuel himself had had as soveraign and irresistible a power as any king , being the supreme judge in israel , whose sentence no man could disobey or contradict , but he incurred the penalty of death , according to the mosaical law. but the reason why he disswades them from chusing a king , was because the external pomp and magnificence of kings was like to be very chargeable and oppressive to them . he will take your sons and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots . and he will appoint him captains over thousands , and captains over fifties , and will set them to ear his ground , and to reap his harvest . and thus in several particulars he acquaints them what burdens and exactions they will bring upon themselves by setting up a king , which they were then free from : and if any prince should be excessive in such exactions , yet they had no way to help themselves ; they must not resist nor rebel against him , nor expect , that what inconvenience they might find in kingly government , god would relieve and deliver them from it , when once they had chose a king : ye shall cry out in that day , because of your king which ye have chosen you , and the lord will not hear you in that day , v. . that is , god will not alter the government for you again , how much soever you may complain of it . this , i say , is a plain proof that their kings were invested with that soveraign power which must not be resisted , though they oppress their subjects to maintain their own state , and the grandeur and magnificence of their kingdom . but i cannot think , that these words contain the original grant and charter of regal power , but only the translation of that power which was formerly in their high-priests or iudges to kings . kings had no more power than their other governours had : for there can be no power greater than that which is irresistible ; but this power in the hands of kings was likely to be more burdensome and oppressive to them , than it was in the hands of their priests and iudges ▪ by reason of their different way of living ; which is the onely argument samuel uses to dissuade them from transferring the supreme and soveraign power to princes . and therefore i rather choose to translate mishpat , as our translators do , by the manner of the king , than as other learned men do , by the right of the king , thereby understanding the original charter of kingly power : for it is not the regal power which samuel here blames , which is no other but the very same power which he himself had , while he was supreme iudge of israel , but their pompous way of living , which would prove very oppressive and burdensome to them , and be apt to make them complain , who had not been used to such exactions . and here before i proceed , give me leave to make a short digression in vindication of kingly government , which some men think is greatly disparaged by this story . for . it is evident that god was angry with the iews for desiring a king ; and declared his anger against them , by sending a violent tempest of thunder and rain in wheat-harvest ; which made them confess , that they had added to all their sins this evil , to ask a king , sam. . , . &c. from whence some conclude , that kingly power and authority is so far from being the original appointment and constitution of god , that it is displeasing to him . and . that samuel in describing the manner of the king , represents it as oppressive and uneasie to subjects , and much more burdensome , and less desirable than other forms of government . . as for the first , it must be acknowledged , that god was angry with the children of israel for asking a king : but then these men mistake the reason , which was not because god is an enemy to kingly government , but because he himself was the king of israel ; and by asking a king to go in and out before them , they exprest a dislike of gods government of them . thus god tells samuel , they have not rejected thee , but they have rejected me , that i should not reign over them , sam. . . and thus samuel aggravates their sin , that they said , nay but a king shall reign over us ; when the lord your god was your king , chap. . v. now the crime had been the same , had they set up an aristocratical or democratical government , as well as regal power , in derogation of gods government of them . their fault was not in choosing to be governed by a single person ; for so they had been governed all along , by moses and ioshua , by their high priests , or those other extraordinary iudges whom god had raised up , and at this very time by samuel himself ; for it is a great mistake to think that the jews , before they chose a king , were governed by a synedrial power , like an aristocracy or democracy , which there is not the least appearance of in all the sacred history ; for as for those persons whom moses by the advice of iethro set over the people , they were not a supreme or soveraign tribunal , but such subordinate magistrates as every prince makes use of for administring justice to the people . they were rulers of thousands , rulers of hundreds , rulers of fifties , rulers of tens , exod. . and were so far from being one standing judicature , that they were divided among their several tribes and families : and were so far from being supreme , that moses still reserved all difficult cases , and last appeals , that is , the true soveraign power to himself , as it was afterwards by an express law reserved to the high priests , and iudges extraordinarily appointed : and there is so little appearance of this soveraign tribunal in samuels days , that he himself went in circuit every year , as our judges now do , to bethel and gilgal , and mizpeh , and judged israel , sam. . . but the fault of israel in asking a king was this , that they preferred the government of a king , before the immediate government of god. for the understanding of which , it will be necessary to consider briefly , how gods government of israel differ'd from their government by kings . for when they had chose a king , did god cease to be the king of israel ? was not their king gods minister and vicegerent , as their rulers and judges were before ? was not the king god 's anointed ? and did he not receive the laws and rules of government from him ? yes , this is in some measure true , and yet the difference is very great . while god was the king of israel , though he appointed a supreme visible authority in the nation , yet the exercise of this authority was under the immediate direction and government of god. moses and ioshua did not stir a step , nor attempt any thing without gods order , no more than a menial servant does without the direction of his master . in times of peace , they were under the ordinary government of the high priest , who was god's immediate servant , who declared the law to them , and in difficult cases , referred the cause to god , who gave forth his answers by him : when they were opprest by their enemies , which god never permitted , but for their sins , when they repented and begged gods pardon and deliverance , god raised up some extraordinary persons endued with an extraordinary spirit , to fight their battels for them , and subdue their enemies , and to judge israel ; and these men did every thing by a divine impulse and inspiration , as moses and ioshua did . so that they were as immediately governed by god , as any man governs his own house and family . but when the government was put into the hands of kings , god in a great measure left the administration of it to the will and pleasure of princes , and to the methods of humane governments and policy . though god did immediately appoint saul , and afterwards david to be king , yet ordinarily the government descended not by god's immediate choice , but by the right of succession : and though some kings were prophets too , yet it was not often so ; they were not so immediately directed by god as the iudges of old were , but had their councels of state for advice in peace and war , and their standing armies and guards for the defence of their persons and government . they were indeed commanded to govern by the laws of moses , to consult the oracles of god in difficult cases , and god raised up extraordinary prophets to direct them , but still it was in their own power , whether they would obey the laws of god , or hearken to his prophets ; good kings did , and bad kings did not ; and therefore the government of israel by kings , was like other humane governments , lyable to all the defects and miscarriages which other governments are ; whereas while the government was immediately in god's hands , they did not only receive their laws , and external polity from him , but the very executive power was in god : for though it was administred by men , yet it was administred by god's immediate direction , with the most exact wisdom , justice and goodness . this was the sin of the iews , that they preferred the government of an earthly king , before having god for their king ; and this must be acknowledged to be a great fault , but it is such a fault , as no other nation was ever capable of , but only the iews , because god never vouchsafed to be king of any other nation in such a manner ; and therefore we must not compare kingly government , for there is no competition between them , with the government of god , but we must compare kingly government with any other form of humane government ; and then we have reason to believe , that notwithstanding god was angry with the iews , and this was a case peculiar to the iews for desiring a king , that yet he prefers kingly government before any other , because when he foresaw that the iews would in time grow weary of his government , he makes provision in their law , for setting up a king , not for setting up an aristocratical or democratical power , which their law makes no allowance for , as you may see , deuter. . . another objection against kingly power and government , is , that samuel in this place represents it as very oppressive and burdensome to the subject . for what some men answer , that samuel speaks here only of the abuse of regal power , i think is not true ; for the meer abuse of power is no argument against it , because all kind and forms of power are lyable to be abused , and by this reason we should have no government at all . and it is evident , that samuel does not mention any one thing here , that can be called an abuse of power , nothing but what is absolutely necessary to maintain the state and magnificence of an imperial crown . for how can a prince subsist without officers and servants of all sorts , both men and women , both for the uses of his family , and the service of his government both in peace and war ? and how can this be maintained , but by a revenue proportionable to the expence ? and since none of them had such an estate , as to defray this charge themselves , whoever was to be chosen king , must have it from others , by publick grants and publick taxes , which he here expresses by taking their fields and their vineyards , and their olive-yards , the tenth of their fields , and their vineyards , and the tenth of their sheep , for himself and his servants , the tenth ●●●ng the usual tribute ▪ paid to the eastern kings . this is not an abuse of power , though some princes might be excessive in all this , but it is the manner of the king , that which is necessary to his royal state. there is nothing of all this forbid in deuter. where god gives laws to the king ; and indeed to forbid this , would be to forbid kingly power , which cannot subsist without it . indeed i find some learned men mistaken in this matter ; for they take it for granted , that what samuel here calls the manner of the king , is such an abuse of power , as god had expresly forbid to kings in the of deuter. , . but why the abuse of regal power should be called the manner or the right of the king , is past my understanding . mishpat , however you translate it , must signifie something which is essential to kingly government , otherwise samuels argument against chusing a king had been sophistical and fallacious . for there is no form of government but is lyable to great abuses , when it falls into ill hands : and this they had experience of at this very time ; for the miscarriages of samuel's sons , was the great reason , why the people at this time desired a king ▪ sam. . , , . and if we compare these two places together , what god forbids the king , with what samuel calls the manner of the king , we shall find nothing alike . in the of deut. , . v. god tells them , that their king shall not multiply horses to himself , nor cause the people to return into egypt , to the end that he should multiply horses , for as much as the lord hath said unto you , ye shall henceforth return no more that way . god would not allow them to have any commerce or intercourse with egypt , and therefore forbid their kings to multiply horses , with which egypt did abound , that there might be no new familiarity contracted with that idolatrous nation . neither shall he multiply wives to himself , that his heart turn not away . where multiplying wives seems plainly to refer to his taking wives of other nations and other religions , as appears from what is added , that his heart turn not away : that is , lest they should seduce him to idolatry , as we know solomon's wives did him , who are therefore said to turn away his heart , kings . , . neither shall he greatly multiply to himself silver and gold . for such a covetous humour would mightily tempt him to oppress his subjects . this is all that god expresly forbids their kings , when they should have any . but now samuel in describing the manner of the king , takes no notice of any thing of all this , but only tells them , that their king would appoint out fit persons for his service of their sons and daughters , that they should pay tribute to him , and should themselves be his servants ; not as servants signifies flaves and vassals , but subjects , who owe all duty and service to their prince as far as he needs them . but what is it then that samuel finds fault with in kingly power , & which he uses as an argument to dissuade the children of israel from desiring a king ? why it is no more , than the necessary expences and services of kingly power , which would be thought very grievous to them , who were a free people , and at that time subject to no publick services and exactions . the government they then lived under was no charge at all to them they were governed , as i observed before , either by their high priest , or by iudges extraordinarily raised by god. as for their high priests , god himself had allotted their maintenance sutable to the quality and dignity of their office ; and therefore they were no more charge to the people when they were their supreme governors , than they were , when the power was in other hands , either in the hands of iudges or kings . as for their iudges whom god raised up , they affected nothing of royal greatness , they had no servants or retinue , standing guards or armies to maintain their authority , which was secured by that divine power with which they acted , not by the external pomp and splendour of a court. thus we find moses appealing to god in the rebellion of korah , i have not taken one ass from them , neither have i hurt any of them , numbers . and thus samuel appeals to the children of israel themselves , behold , here i am , witness against me before the lord , and before his anointed ; whose oxe have i taken ? or whose ass have i taken ? or whom have i defrauded ? whom have i oppressed ? or of whose hands have i received any bribe to blind mine eyes therewith ? and i will restore it , sam. . . now a people , who lived so free from all tributes , exactions , and other services due to princes , must needs be thought sick of ease and liberty , to exchange so cheap , so free a state , for the necessary burdens and expences of royal power , though it were no more than what is necessary ; which is the whole of samuels argument , not that kingly government is more expensive and burdensome than any other form of humane government , but that it was to bring a new burden upon themselves , when they had none before . no humane governments , whether democracies or aristocracies , can subsist , but upon the publick charge ; and the necessary expences of kingly power are not greater than of a commonwealth . i am sure this kingdom did not find their burdens eased by pulling down their king ; and i believe , whoever acquaints himself with the several forms of government , will find kingly power to be as easie upon this score , as commonwealths . so that what samuel discourses here , and which some men think so great a reflection upon kingly government , does not at all concern us , but was peculiar to the state and condition of the iews at that time . let us then proceed to consider how sacred and irresistible the persons and authority of kings were under the iewish government ; and there cannot be a plainer example of this , than in the case of david . he was himself anointed to be king after saul's death , but in the mean time was grievously persecuted by saul , pursued from one place to another , with a designe to take away his life . how now does david behave himself in this extremity ? what course does he take to secure himself from saul ? why he takes the onely course that is left a subject ; he flies for it , and hides himself from saul in the mountains and caves of the wilderness ; and when he found he was discovered in one place , he removes to another : he kept spies upon saul to observe his motions , not that he might meet him to give him battel , or to take him at an advantage ; but that he might keep out of his way , and not fall unawares into his hands . well , but this was no thanks to david , because he could do no otherwise . he was too weak for saul , and not able to stand against him ; and therefore had no other remedy but flight . but yet we must consider , that david was a man of war , he slew goliah , and fought the battels of israel with great success ; he was an admired and beloved captain , which made saul so jealous of him ; the eyes of israel were upon him for their next king , and how easily might he have raised a potent and formidable rebellion against saul ! but he was so far from this , that he invites no man to his assistance ; and when some came uninvited , he made no use of them in an offensive or defensive war against saul . nay , when god delivered saul two several times into david's hands , that he could as easily have killed him , as have cut off the skirts of his garment at engedi , sam. . or as have taken that spear away which stuck in the ground at his bolster , as he did in the hill of hachilah , sam. . yet he would neither touch saul himself , nor suffer any of the people that were with him to do it , though they were very importunate with him for liberty to kill saul ; nay , though they urged him with an argument from providence , that it was a plain evidence that it was the will of god that he should kill saul , because god had now delivered his enemy into his hands , according to the promise he had made to david , sam. . . ch . ver . . we know what use some men have made of this argument of providence , to justifie all the villanies they had a mind to act : but david , it seems , did not think that an opportunity of doing evil , gave him license and authority to do it . opportunity , we say , makes a thief , and it makes a rebel , and it makes a murderer : no man can do any wickedness , which he has no opportunity of doing ; and if the providence of god , which puts such opportunities into mens hands , justifies the wickedness they commit , no man can be chargeable with any guilt whatever he does ; and certainly opportunity will as soon justifie any other sin , as rebellion and the murder of princes . we are to learn our duty from the law of god , not from his providence ; at least , this must be a setled principle , that the providence of god will never justifie any action which his law forbids . and therefore , notwithstanding this opportunity which god had put into his hands to destroy his enemy , and to take the crown for his reward , david considers his duty , remembers , that though saul were his enemy , and that very unjustly , yet he was the lords anointed . the lord forbid , says he , that i should do this unto my master the lords anointed . to stretch forth my hand against him , seeing he is the lords anointed . nay , he was so far from taking away his life , that his heart smore him for cutting off the skirt of his garment . and we ought to observe the reason david gives , why he durst not hurt saul , because he was the lords anointed ; which is the very reason the apostle gives in the rom. , . because the powers are ordained of god ; and he that resisteth the power , resisteth the ordinance of god. for to be anointed of god , signifies no more than that he was made king by god. thus iosephus expounds being anointed by god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one who had the kingdom bestowed on him by god ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one who was ordained by god. for it seems by this phrase , he look'd upon the external ceremony of anointing to be like imposition of hands , which in other cases consecrated persons to peculiar offices . for this external unction was onely a visible signe of gods designation of them to such an office ; and when that was plain , they were as much god's anointed without this visible unction as with it . cyrus is called god's anointed , though he never was anointed by any prophet , but onely designed for his kingdom by prophesie , isai. . and we never read in scripture , that any kings had this external unction , who succeeded in the kingdom by right of inheritance , unless the title and succession were doubtful ; and yet they were the lord 's anointed too , that is , were plac'd in the throne by him . so that this is an eternal reason against resisting soveraign princes , that they are set up by god , and invested with his authority ; and therefore their persons and their authority are sacred . but yet there are some men , who from the example of david , think they can prove the lawfulness of a defensive , though not of an offensive war. for david , when he fled from saul , made himself captain of four hundred men , sam. . . which number soon increased to six hundred , sam. . . and still every day increased by new additions , chron. . . now why should he entertain these men , but to defend himself against the forces of saul ? that is , to make a defensive war whenever he was assaulted by him . . in answer to this , i observe , that david invited none of these men after him , but they came volunteers after a beloved captain and general ; which shews how formidable he could easily have made himself , when such numbers resorted to him of their own accord . . when he had them , he never used them for any hostile acts against saul , or any of his forces ; he never stood his ground , when he heard saul was coming , but always fled , and his men with him ; men who were never used to flie , and were very ready to have served him against saul himself , would he have permitted them . and i suppose they will not call this a defensive war , to flie before an enemy , and to hide themselves in caves and mountains : and yet this was the onely defensive war which david made with all his men about him : nay , all that he would make , and all that he could make , according to his professed principles , that it was not lawful to stretch out his hand against the lord 's anointed . and when these men are pursued , as david was , by an enraged and jealous prince , we will not charge them with rebellion , though they flie before him by thousands in a company . . yet there was sufficient reason why david should entertain these men , who voluntarily resorted to him , though he never intended to use them against saul : for some of them served for spies to observe saul's motions , that he might not be surprized by him , but have timely notice to make his escape . and the very presence of such a number of men about him , without any hostile act , preserved him from being seized on by some officious persons , who otherwise might have delivered him into saul's hands . and he being anointed by samuel to be king after saul's death , this was the first step to his kingdom , to have such a retinue of valiant men about him ; which made his advancement to the throne more easie , and discouraged any oppositions which might otherwise have been made against him ; as we see it proved in the event , and have reason to believe that it was thus ordered by god for that very end . it is certain , that gad the prophet , and abiathar the priest , who was the onely man who escaped the furie of saul when he destroyed the priests of the lord , were in david's retinue ; and that david enterprized nothing , without first asking counsel of god : but he who had anointed him to be king , now draws forces after him , which after saul's death should facilitate his advancement to the kingdom . . it is objected further , that david intended to have staied in keilah , and to have fortified it against saul , had not he been informed that the men of the citie would have saved themselves by delivering him up to saul , sam. . now to maintain any strong hold against a prince , is an act of war , though it be but a defensive war. and i grant it is so , but deny that there is any appearance that david ever intended any such thing . david and his men , by god's appointment and direction , had fought with the philistins , and smote them with a great slaughter , and saved keilah from them ; and as it is probable , did intend to have staied some time in keilah . but david had heard that saul intended to come against keilah , to destroy the citie , and take him ; and enquires of the lord about it , and received an answer , that saul would come against the citie . he enquires again , whether the men of keilah would deliver him up to saul , and was answered , that they would . and upon this , he and his men leave keilah , and betake themselves to the strong holds in the wilderness . but now is it likely , that if david had had any designe to have fortified keilah against saul , he would have been afraid of the men of the citie ? he had men with him in keilah , a victorious armie , which had lately destroyed the philistins who oppressed them ; and therefore could easily have kept the men of keilah too in awe , if he had pleased , and have put it out of their power to deliver him to saul . but all that david designed was , to have staid there as long as he could , and , when saul had drawn nigh , to have removed to some other place : but when he understood the treacherous inclinations of the men of keilah , and being resolved against all acts of hostilitie , he hastened his remove before saul drew near . so that these men must find some other example than that of david , to countenance their rebellion against their prince : for david never rebelled , never fought against saul ; but when he had a very potent armie with him , he and his men always fled , and hid themselves in the wilderness , and places of difficult access . the sum is this : god from the very beginning , set up such a supreme and soveraign power in the iewish nation , as could not , as ought not to be resisted . this power was at first in the hands of moses ; and when korah and his companie rebelled against him , god vindicated his authoritie by a miraculous destruction of those rebels : for the earth opened her mouth and swallowed them up . afterward , when they came into canaan , the ordinary exercise of this power was in their high-priests and iudges , whom god raised up ; whose sentence and judgment was final , and must not be resisted , under penaltie of death ▪ when the children of israel desired a king , this soveraign and irresistible power was transferred to him , and setled in his person . saul was the first king who was chosen by god , and anointed by samuel ; but for his disobedience , was afterwards rejected by god , and david the son of iesse was anointed king to succeed after saul's death : but in the mean time david was persecuted by saul , who sought after his life . and though he himself was anointed by god , and saul was rejected by him , yet he durst not resist nor oppose him , nor defend himself by force against the most unjust violence ; but fled for his life , and hid himself in caves and mountains . nay , when saul was delivered into his hands by god , he durst not stretch out his hand against the lord 's anointed . but to proceed in the story . solomon , david's son , who succeeded him in his kingdom , did all those things which god had expresly forbid the king to do . he sent into egypt for horses , kings . . he multiplied wives , and loved many strange women , ( together with the daughter of pharoah ) women of the moabites , ammonites , edomites , zidonians , and hittites , kings . . he multiplied silver and gold , chap. . contrary to the command of god. for this god ( who is the onely judge of soveraign princes ) was very angry with him , and threatens to rend the kingdom from him ; which was afterwards accomplished in the days of rehoboam : but yet this did not give authoritie to his subjects to rebel . if to be under the direction and obligation of laws , makes a limited monarchie , it is certain the kingdom of israel was so . there were some things which the king was expresly forbid to do , as you have already heard ; and the law of moses was to be the rule of his government , the standing law of his kingdom . and therefore he was commanded , when he came to the throne , to write a copy of the law with his own hand , and to read in it all his days , that he might learn to fear the lord his god , and to keep all the words of this law , and these statutes to do them , deut. , , . and yet he was a soveraign prince : if he broke these laws , god was his judge and avenger ; but he was accountable to no earthly tribunal . baasha killed nadab the son of ieroboam , and reigned in his stead , kings . , , . and for this and his other sins , god threatens evil against baasha , and against his house , chron. . zimri slew elah the son of baasha , and slew all the house of baasha ; but he did not long enjoy the kingdom , which he had usurpt by treason and murder : for he reigned but seven days in tirzah ; which being besieged and taken by omri , he went into the palace of the king's house , and burnt the king's house over him with fire , and died , v. . this example iezebel threatned iehu with : had zimri peace , who slew his master ? kings . . and yet nadab and elah were both of them very wicked princes . and if that would justifie treason and murder , both baasha and zimri had been very innocent . this is a sufficient evidence , how sacred and inviolable the persons and authority of the iewish kings were , during the time of that monarchie . but it will not be amiss , briefly to consider what obligations the iews were under to be subject to the higher powers , when they were carried captive into babylon . now the prophet ieremiah had given an express command to them , seek the peace of the city whither i have caused you to be carried away captives , and pray to the lord for it : for in the peace thereof ye shall have peace , jer. . which made it a necessary duty to be subject to those powers , under whose government they lived . and accordingly we find , that mordecai discovered the treason of bigthana and teresh , two of the king's chamberlains , the keepers of the door , who sought to lay hand on the king ahasuerus , esther . and how numerous and powerful the iews were at this time , and what great disturbance they could have given to the empire , appears evidently from the book of esther . king ahasuerus ; upon the suggestions of haman , had granted a decree for the destruction of the whole people of the iews ; which was sent into all the provinces , written and sealed with the king's ring . this decree could never be reversed again ; for that was contrary to the laws of the medes and persians . and therefore when esther had found favour with the king , all that could be done for the iews , was to grant another decree for them to defend themselves ; which accordingly was done , and the effect of it was this : that the iews at shusan slew three hundred men , and the iews of the other provinces slew seventy and five thousand , and rested from their enemies , esther , , . without this decree , mordecai did not think it lawful to resist , ( which yet was a case of as great extremity and barbarous cruelty , as could ever happen ) which made him put esther upon so hazardous an attempt , as to venture into the king's presence , without being called ; which was death by their law , unless the king should graciously hold out the golden scepter to them , esth. . and yet when they had obtained this decree , they were able to defend themselves , and to destroy their enemies ; which is as famous an example of passive obedience , as can be met with in any history . and therefore the prophet daniel acknowledges to belteshazzar , the most high god gave nebuchadnezzar thy father a kingdom , and majesty , and glory , and honour : and for the majesty that he gave him , all people , nations , and languages trembled and feared before him . whom he would he slew , and whom he would he kept alive ; and whom he would be set up , and whom he would he pulled down , dan. , . and if these heathen kings receive their power from god , as the prophet here affirms , st. paul has made the application of it , that he that resisteth , resisteth the ordinance of god. this may serve for the times of the old testament ; and i shall conclude these testimonies with the saying of the wise man , who was both a prophet and a king : i counsel thee to keep the king's commandment , and that in regard of the oath of god : be not hasty to go out of his sight , stand not in an evil thing ; for he doth whatsoever pleaseth him . where the word of a king is , there is power ; and who may say unto him , what dost thou ? eccl. , , . chap. ii. the doctrine of christ concerning non-resistance . let us now consider , what christ and his apostles taught and practised about obedience to soveraign princes ; whereby we may learn , how far christians are obliged by these laws of subjection and non-resistance . . i shall distinctly consider the doctrine of christ while he lived on earth : and here are several things very fit to be observed . . we have no reason to suspect , that christ would alter the rights of soveraign power , and the measures of obedience and subjection , which were fixt and determined by god himself . this was no part of his commission , to change the external forms and polities of civil governments , which is an act of secular power and authority , and does not belong to a spiritual prince . he who would not undertake to decide a petty controversie , or to divide an inheritance between two contending brethren , luke , . can we think that he would attempt any thing of that vast consequence , as the changes and alterations of civil power , which would have unsetled the fundamental constitutions of all the governments of the world at that time ? our saviour tells us , that he came not to destroy the law and the prophets , but to fulfil it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to fill it up , to compleat and perfect it , matth. . that is , to fulfil the ancient types and prophecies in his own person , to perfect an external and ceremonial , by a real and evangelical righteousness , to perfect the moral laws with new instances and degrees of vertue ; but he abrogated no moral law , and therefore not the laws of obedience and subjection to princes , which has always been reduced to the fifth commandment . nay , he abrogated no laws , but by perfecting and fulfilling them ; and therefore he could make no alteration in the doctrine of non-resistance , which is as perfect subjection as can or ought to be paid to soveraign princes . his kingdom was not of this world , as he told pilate : though he was a king , he neither was an enemy nor rival to caesar ; but had he absolved his disciples from their obedience to princes , had he made it in any case lawful to resist , ( which was so expresly forbid the iews by god himself , and which is such a contradiction to the very notion of soveraign power ) he had been somewhat worse than a rival to all the princes of the earth ; for though he had set up no kingdom of his own , yet he had pulled down theirs . whereas he took great care , that his religion should give no disturbance to the world , nor create any reasonable jealousies and suspicions to princes , who had been very excusable for their aversion to christianity , had it invaded the rights and royalties of their crowns . this makes it very improbable that our saviour should make any alterations in civil powers , or abridge the rights of soveraignty ; which is so foreign to his design of coming into the world , and so incongruous to the person which he sustained : and yet he could not alter the duties of subjects , but he must alter the rights of princes too ; he must take away the soveraign power of princes , at the same time that he makes it lawful for subjects in any case whatsoever to resist . we may safely then conclude , that our saviour has left the government of the world as he found it : he has indeed given such admirable laws , as will teach princes to govern , and subjects to obey better ; which is the most effectual way to secure the publick peace and happiness , to prevent the oppression of subjects , and rebellions against princes : but he has not interposed in new modelling the governments of the world , which is not of such consequence , as some men imagine . it is not the external form of government , but the fatherly care and prudence and justice of governours , and the dutiful obedience of subjects , which can make any people happy . if princes and subjects be good christians , they may be happy under most forms of government ; if they be not , they can be happy under none . had our saviour given subjects liberty to resist , to depose , to murder tyrannical princes , he had done them no kindness at all ; for to give liberty to subjects to resist , is only to proclaim an universal licence to factions and seditions , and civil wars ; and if any man can think this such a mighty blessing to the world , yet me thinks it is not a blessing proper for the prince of peace to give . but he who instructs princes to rule as god's ministers and vicegerents , and to express a fatherly care and concernment for the happiness of their subjects , and that teaches subjects to reverence and obey their prince , as the image of god , and quietly to submit and yield to his authority , and that inforces th●se laws both on princes and subjects in the name and authority of god , and from the consideration of the future judgment , when princes who abuse their power shall give an account of it to their great master , when subjects who resist shall receive to themselves damnation , and those , who patiently and quietly suffer for god's sake , shall have their injuries redrest , and their obedience rewarded : i say , such a person as this , takes a more effectual course to reform the abuses of civil power , and to preserve good government in the world , than all our wise politicians and state-menders , who think to reform the government of the world , by some statespells and charms , without reforming those who govern , and those who are governed . this our saviour has done , and this is the best thing that could be done , nay this was all that he could do in this matter . he never usurpt any civil power and authority , and therefore could not new model the governments of the world : he never offers any external force and compulsion to make men obey his laws , and therefore neither forces princes to rule well , nor subjects to obey ; but he has taken the same care of the government of the world , as he has done of all the other duties of piety and vertue ; that is , he has given very good laws , and threatned those who break them with eternal punishments : and as the laws and religion of our saviour prevail , so will the governments of the world mend , without altering the model and constitution of them . . but yet we have some positive evidence , what our saviour taught about obedience to the higher powers . i shall give you two instances of it , which are as plain and express , as can be desired . . the first is , that answer our saviour gave to the pharisees and herodians , when they consulted together to intangle him in his talk , matth. . &c. they come to him with great ceremony and address , as to an infallible oracle , to consult him in a very weighty case of conscience . they express a great esteem and assurance of his sincerity , and faithfulness , and courage , as well as of his unerring judgment , in declaring the will of god to them . master , we know that thou art true , and teachest the way of god in truth , neither carest thou for any man , for thou regardest not the person of man ; that is , thou wilt not conceal nor pervert the truth for fear nor favour : and then they propose an insnaring question to him . tell us therefore , what thinkest thou ? is it lawful to give tribute to caesar , or not ? they thought it impossible that he should give any answer to this , which would not make him abnoxious , either to the roman governours , if he denied that the iews might lawfully pay tribute to caesar , or to the pharisees and people , if he affirmed that they might : for there was a very potent faction among them , who thought it unlawful for the iews to own the authority or usurpations of any foreign prince , or to pay tribute to him , as to their king. they being expresly forbid by their law , to set a stranger over them for their king , who is not their brother , ( i. e , ) who is not a natural iew , deuter. . and it seems they could not distinguish between their own voluntary act in choosing a stranger for their king , [ which was indeed forbid by their law ] and their submitting to a foreign prince , when they were conquered by him . our saviour , who knew their wicked intention in all this , that they did not come with an honest design to be instructed in their duty , but to seek an advantage against him , expresses some indignation at it : why tempt ye me , ye hypocrites ? but yet to return them an answer to that their question , he bids them shew him the tribute-money , that is , the money in which they used to pay tribute , and inquires whose image and superscription it had . for coining of money was as certain a mark of soveraignty , as making laws , or the power of the sword. well , they acknowledge that the image and superscription on the tribute-money was coesars ; upon which he replies , render therefore unto coesar the things that are coesars , and unto god the things that are god's . the plain meaning of which answer is this , that since by the very impression on their money , it is evident , that coesar is their sovereign lord , they must render to him all the rights of soveraignty , among which tribute is one , as st. paul tells us , render therefore unto all their dues , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour . rom. . whatever is due to soveraign princes , and does not interfere with their duty to god , that they must give to coesar , who at this time was their soveraign . in which answer there are several things observable . . that our saviour does not examine into coesar's right , nor how he came by this soveraign power ; but as he found him in possession of it , so he leaves him , and requires them to render to him all the rights of soveraignty . . that he does not particularly determine , what the things of coesar are , that is , what his right is , as a soveraign prince . hence some men conclude , that this text can prove nothing ; that we cannot learn from it , what our saviour's judgment was in this point ; that it is only a subtil answer , which those who askt the question could make nothing of ; which was a proper return to their ensnaring question . this , i think , is as great a reproach to our saviour , as they can well cast upon him , that he , who was the wisdom of god , the great prophet and teacher of mankind , should return as sophistical and doubtful answers , as the heathen oracles , and that in a case , which required , and would admit a very plain answer . it is true , many times our saviour , when he discourst of what concerned his own person , or the mysteries of his kingdom , which were not fit at that time to be publisht in plain terms , used a mystical language ; as when he called his body the temple , or he taught them by parables , which were not obvious at the first hearing , but still what he said , had a certain and determined sense , and what was obscure and difficult , he explained privately to his apostles , that in due time they might explain it to others ; but to assert , as these men must do , that christ gave them such an answer as signifyed nothing , and which he intended they should understand nothing by , shews that they are not so civil to our saviour as these pharisees and herodians were , who at least owned in complement , master , we know that thou art true , and teachest the way of god in truth , neither carest thou for any man , for thou regardest not the person of men . but certainly the pharisees did believe , that there was something in our saviour's answer ; for they marvelled , and left him , and went their way : and yet those who had wit enough to ask such ensnaring questions , could not be so dull as to be put off with a sophistical answer , ( an art below the gravity of our saviours person and office ) but would have urged it a little further , had they not been sensible , that they were sufficiently answered , and had nothing to reply . for indeed , can any thing be plainer than our saviour's answer ? they ask him , whether it were lawful to pay tribute to coesar ; he does not indeed in express words say , that they should pay tribute to coesar , but he gives them such an answer , as withal convinc'd them of the reason and necessity of it . he asks whose image and superscription was on the tribute-money ; they tell him coesar's ; from whence he infers , render therefore unto coesar the things that are coesar's . therefore ? wherefore ? because the tribute-money had coesar's image on it ; therefore they must render to coesar the things that are coesar's ; which certainly signifies , that tribute was one of those things which belonged to coesar , and must be rendred to him , as appeared by it's having coesar's image : not as if every thing that had coesar's mark and stamp on it , did belong to coesar , and must be given to him , ( as some men profanely enough , how wittily soever they imagine , burlesque and ridicule our saviour's answer ) for at this rate all the money of the empire , which bore his image , was coesar's ; but the money which was stampt with coesar's image , and was the currant money of the nation , was a plain sign , as i observed before , that he was their soveraign , and paying tribute was a known right due to soveraign princes ; and therefore the very money which they used , with coesar's image on it , resolved that question , not only of the lawfulness , but the necessity of paying tribute : and this was so plain an answer , that the pharisees were ashamed of their question , and went away without making any reply ; for they no more dared to deny that coesar was their king , than they thought he dared either to own or deny the lawfulness of paying tribute to coesar . and this was all the subtilty of our saviour's answer . but then our saviour not confining his answer meerly to the case of paying tribute , but answering in general , that we must render to coesar the things that are coesar's , extends this to all the rights of soveraign princes , and so becomes a standing rule in all cases , to give to coesar what is coesar's due . and when our saviour commands us to render to coesar the things which are coesar's , without telling us what coesar's things are , this is so far from making his answer doubtful and ambiguous , and of no use in this present controversie , that it suggests to us three plain and natural consequences , which are sufficient to end this whole dispute . . that our saviour did not intend to make any alteration in the rights of soveraignty , but what rights he found soveraign princes possest of , he leaves them in the quiet possession of ; for had he intended to make any change in this matter , he would not have given such a general rule , to render to coesar the things which are coesar's , without specifying what these things are . . and therefore he leaves them to the known laws of the empire to determine what is coesar's right . whatever is essential to the notion of soveraing power , whatever the laws and customs of nations determine to be coesar's right , that they must render to him ; for he would make no alteration in this matter . so that subjection to princes , and non-resistance , is as plainly determined by our saviour in this law , as paying tribute ; for subjection and non-resistance is as essential a right of soveraign power , and as inseparable from the notion of it , as any thing can be . so it is acknowledged by the laws and customs of nations , and so it is determined by the apostle st. paul , as i shall shew hereafter . . i observe farther , that when our saviour joyns our duty to our prince , with our duty to our god , render to coesar the things which are coesars , and to god the things which are god's , he excepts nothing from coesar's right , which by the laws of nations is due to sovereign princes , but what is a violation of , and an encroachment on gods right and soveraignty ; that is , we must pay all that obedience and subjection to princes which is consistent with our duty to god. this is the onely limit our saviour sets to our duty to princes . if they should command us to renounce our religion , and worship false gods ; if they should challenge divine honours to themselves , as some of the roman emperours did ; this we must not do , because it is to renounce obedience and subjection to god , who has a more soveraign power , and a greater right in us , than our prince : but all active and passive obedience , which is consistent with a good conscience towards god , and required of us by the laws of our country , and the essential rights of soveraignty , is what we owe to our prince , and what by our saviour's command we must render to him . this i hope is sufficient for the explication of our saviour's answer to the pharisees and herodians , which evidently contains the doctrine of obedience and subjection to princes , enforced on us by the authority of our saviour himself . . our saviour's rebuke to st. peter , when he drew his sword and struck a servant of the high priest and smote off his ear , is as plain a declaration against resistance , as words can make it , mat. . then said iesus unto him , put up thy sword into his place : for all they that take the sword , shall perish with the sword . for the understanding of which , we must consider upon what occasion st. peter drew his sword : for we must not think that our saviour does absolutely forbid the use of the sword ; which is to destroy all civil governments , and the power of princes , and to proclaim impunity to all the villanies which were committed in the world . the sword is necessary to punish wickedness , and to protect the innocent . in the hands of princes it is an instrument of justice , as st. paul tells us , that they bear not the sword in vain but are the ministers of god , revengers to execute wrath upon him that doth evil , rom. . in the hands of private persons it may be lawfully used in self-defence . thus our saviour , a little before his crucifixion , gave commission to his disciples to furnish themselves with swords , though they parted with their garment for the purchase , luke . which we may suppose was not designed as a meer modish and fashionable thing , but to defend themselves from the private assaults of robbers , and such-like common enemies , who , as iosephus tells us , were very numerous at that time . for no man wants authority to defend his life against him who has no authority to take it away . but the case of st. peter was very different : he drew his sword indeed in his master's defence , but against a lawful authority . the officers of the chief priests and pharisees came with iudas to the place where iesus was , to seize on him . this was a lawful authority , though employed upon a very unjust errand ; but authority must not be resisted , though in defence of the greatest innocence . men who draw their swords against lawful powers , shall perish with the sword . which does not signifie what the event shall always be , but what is the desert and merit of the action ▪ rebels may sometimes be prosperous , but they always deserve punishment ; and if they escape the sword in this world ▪ st. paul tells us , they shall receive damnation in the next . what can be said more expresly against resistance than this ? st. peter never could have drawn his sword in a better cause , never in the defence of a more sacred person . if we may defend oppress'd innocence against a lawful authority , if we may oppose unjust and illegal violence , if any obligations of friendship , gratitude , or religion it self could justifie resistance , st. peter had not met with this rebuke . what , should he tamely suffer his lord and master to be betrayed , the most admirable example of universal righteousness and goodness that ever appeared in the world ? shall one who had done no evil , who had neither offended against the laws of god nor men , who had spent his whole time in doing good , be so barbarously used , and treated like the vilest malefactor ? shall he who was so famous for miracles , who gave eyes to the blind , and feet to the lame ? shall he who was the great prophet sent from god to instruct the world , shall their dear master be haled away from them , and they stand by , and see it , & suffer it ? thus might s. peter have argued for himself . but though it was a very unjust action , yet it was done by a just authority : and lawful powers must not be resisted , though it were in defence of the saviour of the world . and if st. peter might not use the sword in defence of christ's person , there is much less pretence to fight for his religion : for though some call this fighting for religion , it is onely fighting for themselves . men may keep their religion , if they please , in despite of earthly powers ; and therefore no powers can hurt religion , though they may persecute the professors of it : and therefore when men take up arms to avoid persecution , it is not in defence of religion , but of themselves , that is , to avoid their suffering for religion . and if st. peter might not fight to preserve christ himself , certainly neither he nor we might take up arms to defend our selves from persecution . christ was the first martyr for his own religion ; his person was infinitely more sacred and inviolable than any of us can pretend to be . and if st. peter must not fight for christ , certainly we must not fight for our selves , though we absurdly enough call it fighting for our religion . and who were these powers st. peter resisted ? they were onely the servants and officers of the high-priest . the high-priest did not appear there himself ; much less pilate , much less caesar : and yet our saviour rebukes st. peter for resisting the inferiour officers , though they offered the most unjust and illegal violence . it seems , he did not understand our modern distinctions between the person and the authority of the prince ; that though his person be sacred , and must not be toucht , yet his ministers , who act by his authority , may be opposed . we may fight his navies , and demolish his garrisons , and kill his subjects , who fight for him , though we must not touch his person . but he is a mock - prince , whose authority is confined to his own person , who can do nothing more than what he can do with his two hands ; which cannot answer the ends of government . a prince is not meerly a natural , but a political person , and his personal authority reaches as far as his commission does . his officers and ministers of state , and commanders , and souldiers , are his hands , and eyes , and ears , and legs ; and he who resisteth those who act by his commission , may as properly be said to resist the personal authority of the prince , as if he himself were present in his natural person , as well as by his authority . thus our saviour , it seems , thought , when he rebuked st. peter for striking a servant of the high-priest , and smiting off his ear . and if s. peter were rebuk'd for this , how comes the pope to challenge the sword in s. peter's right , when our saviour would not allow s. peter to use it himself ? and if st. peter might not draw his sword against an inferiour officer , by what authority does the pope pretend to dispose of crowns and scepters , and to trample on the necks of the greatest monarchs ? and i suppose the presbyter can challenge no more authority than the pope . whether they will allow st. peter to have been a bishop or presbyter , this command to put up his sword , equally concerns him in all capacities , and ought to secure soveraign princes from the unjust usurpations and treacherous conspiracies both of geneva and rome . there is but one objection , that i know of , against all this from the doctrine of our saviour , and that is , that he seems to disallow that very authority which is exercised by secular princes ; and therefore cannot be thought such a severe preacher of obedience & subjection : for authority and subjection are correlates , they have a mutual respect to each other ; and therefore they must stand or fall together . there is no authority where there is no subjection due , & there can be no subjection due where there is no authority . and yet this is the doctrine which christ taught his disciples , mat. , , , v. ye know that the princes of the gentiles exercise dominion over them , and they that are great , exercise authority upon them . but it shall not be so among you : but whosoever will be great among you , let him be your minister . and whosoever will be chief among you , let him be your servant . even as the son of man came not to be ministred unto , but to minister , and to give his life a ransom for many . this text has been press'd to serve as many ill purposes , as most texts in the bible ; and therefore deserves to be carefully considered . some hence infer , that it is unlawful for a christian to be a magistrate , or a king. as if our saviour either intended that humane societies should be deprived of the advantages of government , which is the greatest temporal blessing and security to mankind ; or had made it necessary that some men should continue heathens and infidels , that they might govern christians : which i doubt would be a sore temptation to many to renounce christianity , if they could gain a temporal crown by it . others from hence conclude , that there must be no superiority of degree between the ministers of the gospel , but they must be all equal ; as if because the apostles were to be all equal , without any superiority over each other , therefore they were to have no superiority over inferiour ministers . as if because the apostles might not exercise such a secular power and soveraignty as the kings of the gentiles did , therefore there must be no different degrees of power in the ministers of the church ; that is , that because secular and spiritual power differ in the whole kind , therefore there are no different-degrees of spiritual power . as if christ himself were not superiour to his apostles , because he did not assume to himself the secular authority of earthly princes , but came not to be ministred unto , but to minister , as he commands them to do according to his example . others conclude , that at least christian princes must not usurp such a soveraign , and absolute , and uncontroulable power as the princes of the gentiles did , but must remember that they are but the publick servants and ministers of the commonwealth , and may be resisted , and called to an account by their people for the male-administration of government . but how they infer this , i confess , i cannot tell : for it is evident our saviour does not here speak one word in derogation to that civil power and authority which was exercised by secular princes . he tells us indeed , that the princes of the gentiles exercise dominion over them , and they that are great , exercise authority upon them : but does he blame the exercise of this authority ? does he set any narrower bounds or limits , than what the heathen princes challenged ? by no means ; he says not one word of any such matter . st. matthew indeed expresses this power of princes by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which some think intimates the abuse of their authority : but st. luke renders it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which onely signifies the exercise of soveraign power . and though most of the roman emperours were guilty of very great miscarriages in government , yet our saviour onely refers to that lawful authority wherewith they were invested , not to the abuse of it : and therefore he takes notice of that honourable title which was given to many roman emperours , that they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or benefactors ; which certainly does not argue his dislike of civil authoritie . but all that our saviour tells his disciples is , that it should not be so among them , that they should not exercise such a secular power and authoritie as earthly princes do . now is it any disparagement to kingly power , to tell a bishop that he must not exercise such a soveraign authoritie over the church , as the prince does over the state ? which is the whole of what our saviour intended in this place . for the occasion of these words , st. matthew tells us , was to check that vain ambition of zebedee's two sons , who came to christ , and employed their mother to ask of him , that one might sit on his right hand , and the other on his left hand , in his kingdom ; that is , that they might have the greatest places of dignitie and power next himself . st. luke tells us , that it was to compose that strife and contention which was among them , which of them should be accounted the greatest ; which most likely refers to the same story , though it is plain they quarrelled more than once about this matter . and the occasion of all these quarrels , was a mistake of the nature of christ's kingdom . they , as well as the rest of the iews , expected their messias should be a temporal prince ; and they being convinced by the miracles of christ , that he was indeed the messias who was to come , they lived in dayly expectation when he would take the kingdom upon himself ; and then they did not doubt but that they should be the chief ministers of state , and have the greatest places of trust and power in his kingdom : & this made them jealous of each others greatness , and so forward to bespeak preferments for themselves . now to cure these earthly ambitions , he tells them , that his kingdom was no such thing as they dreamt of , and that he had no such preferments for them as they expected . earthly princes lived in great pomp and splendour , and had great places of trust and honour to bestow on their servants ; but they saw no such thing in him : he came not to be ministred unto , but to minister , to live a mean , industrious , and laborious life , and to die as a malefactor , and give his life a ransom for many . and they could not expect by being his servants , to be advanced to secular power and authoritie , which he had not himself ; but when he came into his kingdom , they should indeed share with him in his power and authoritie ; they should sit upon twelve thrones , judging the twelve tribes of israel ; that is , they should have the supreme authoritie in his church , which is his spiritual kingdom . but there was nothing of external state and grandeur in this , as they expected ; but it was a life of humilitie and modestie , and contempt of this world , and earthly greatness . the greatest ministers in his kingdom must be as humble as a child , as he elsewhere tells them , and as diligent and industrious , and condescending , as the meanest servant , and should very often differ nothing from servants in their external fortune and condition of life . this is the sum of what our saviour here teaches his disciples ; and he is a wonderful man , and very quick-sighted , who can discover any reflection on civil power and authoritie in all this . i shall onely observe farther , that when our saviour calls them here , the princes and kings of the gentiles or nations , he does not speak this in disparagement of them , that they were onely heathen and infidel princes , who did this : for there were no other princes at that time in the world . heathen and pagan princes sounds now as a note of infamie , whereby they are distinguished from christian kings and princes ; but the kings of the gentiles or nations in our saviour's time , signified no more than soveraign princes , who were invested with civil authoritie : and our saviour onely distinguishes between that civil power and authoritie which was exercised by secular princes , and that spiritual kingdom which he was now about to erect in the world ; and the distinction had been of the same force , though there had been at that time jewish or christian , as well as heathen princes . still the difference between civil and ecclesiastical authoritie is the same ; and no apostle or bishop , as such , can challenge the power or authoritie of earthly princes , or any share in it . chap. iii. what we may learn from our saviour's practice about non-resistance . having seen what the doctrine of our saviour was , let us now consider his practice . and we need not doubt but our saviour lived , as he preacht . he taught his disciples by his example , as well as by his laws . his life was the best comment upon his sermons , was a visible lecture of universal righteousness and goodness ; and it is impossible to conceive a more perfect and absolute example of subjection and non-resistance , than our saviour has set us . when our saviour appeared in the world , the iews were very weary of the roman yoke , and in earnest expectation of their messias , who , as they thought , would restore the kingdom again unto israel ; and this expectation of their messias , whom they mistook for a temporal prince , made them very apt to joyn with any one , who pretended to be the messias , and to rebel against the roman government . such most likely were theudas and iudas of galilee , of whom we have mention , acts , . and it is not impossible but the aegyptian , who led men into the wilderness , acts . either pretended to be the messias , or some fore-runner of him : to be sure , such were those false christs , and false prophets , of whom our saviour warns his disciples , matth. . then if any man shall say unto you , lo here is christ , or there , believe it not . this being the temper of the iewish nation at that time , so extreamly inclined to seditions , and rebellion against the roman powers , how easie had it been for our saviour , had he pleased , to have made himself very potent and formidable ! how easie could he have gained even the scribes and pharisees to his party , ( whose great quarrel was at his meanness and poverty ) would he once have declared himself a temporal prince , and invaded the throne ! but he was so far from this , that when he perceived the people had an intention to take him by force and make him a king , he withdrew himself privately from them , and departed into a mountain himself alone , iohn . and yet i presume , there might have been as many plausible pretences to have justifyed a rebellion then , as ever there were in any nation since . he had at that time fed five thousand men , besides women and children , with five barley loaves and two small fishes ; and what a formidable enemy would he have been , who could victual an army by miracles , and could , when he pleased , conquer by the same miraculous power also ! this the people , whom he had miraculously fed , were very sensible of and did hence conclude , that he was the prophet that should come into the world , and that it was time to take him ; and set him upon the throne : but though our saviour was indeed the messias , yet he was not such a messias , as they expected ; he was not a temporal prince , and therefore would not countenance their rebellion against coesar , though it were to make himself a king. it is sufficiently known , that christ submitted to the most unjust sentence , to the most ignominious and painful death , rather than resist the higher powers , though he could so easily have called for legions of angels to his rescue . but he went as a lamb to the slaughter , and as the sheep before the shearer is dumb so he opened not his mouth : when he was reviled , he reviled not again ; when he suffered he threatned not , but committed himself to him who judgeth righteously . he rebuked peter , when he drew his sword in his defence , and tells pilate the reason , why he was so easily apprehended , and used at their pleasure , without any resistance and opposition , though he had been formerly attended with such crouds of his disciples ; because he was no temporal prince , and therefore did not require his disciples to fight for him , as other temporal princes used to do . iesus answered , my kingdom is not of this world : if my kingdom were of this world , then would my servants fight , that i should not be delivered to the iews ; but now is my kingdom not from hence , iohn . which plainly shews , that our saviour's subjection was not matter of force and constraint , because he wanted power to resist ; but it was matter of choice , that which was most agreeable to the nature of his kingdom , which was not to be propagated by carnal weapons , but by suffering and death . and when our saviour has set us such an example as this , it is wonderful to me , that any , who call themselves his disciples , can think it lawful to rebel against their prince , and defend themselves from the most unjust violence by a more unjust resistance . but there are few men , who are contented to follow christ to the cross ; they do not like that part of his example , and are willing to perswade themselves , that they are not bound to imitate it . and there are two things , which i find urged by some men to this purpose , which must be briefly considered . . that it is no wonder , that christ suffered patiently and quietly without resisting the most unjust violence , because he came into the world to die , and to make his soul an offering for sin . and how could so innocent a person die , but by the hands of unjust and tyrannical powers ? and it was inconsistent with his design of dying for sin , to resist and oppose . this is the account our saviour himself gives of his patient suffering . when st. peter drew his sword in his defence , he tells him , thinkest thou , that i cannot now pray to my father , and he shall presently give me more than twelve legions of angels ? but how then shall the scriptures be fulfilled , that thus it must be ? matth. . . and the cup which my father has given me , shall i not drink it ? iohn . but what is this now to us ? our saviour did not resist the most unjust and tyrannical powers , because god had decreed he should die by their hands , and he came into the world for this very purpose ; but has god as peremptorily decreed , that we must suffer also by unjust violence ? were we born for this very end , to suffer death by herods and pontius pilates ? to be the slaves and vassals , the scorn and the triumph of insolent tyrants ? certainly god had a greater care and regard for mankind than so : and then our case is very different from our saviour's ; and though he died patiently , we may defend our lives , and our liberties , which are as dear as our lives , if we can . . and therefore they add , that christ took upon himself the person not only of a private man , but of a servant , that he might make us free , and that not only as to our spiritual , but as to our civil liberties , as the virgin mary sings ▪ he hath shewed strength with his arm , he hath scattered the proud in the imagination of their heart : he hath put down the mighty from their seats , and hath exalted them of low degree , luke , . which they think , does not signifie that christ has established tyrants in their thrones , and subjected christians to the vilest slavery . as christ has taught us by his example to bear servitude and sufferings with an equal mind , when we cannot help it ; so he has not forbid us to vindicate and recover our natural rights and liberties , when we can , according to the express direction of st. paul , art thou called being a servant ? care not for it : but if thou mayest be made free , use it rather . ye are bought with a price , be not ye the servants of men , cor. . , . now in answer to this , we may consider in general , that if all this proves any thing , it proves , that christ did not intend , that his sufferings should be an example to us : and yet st. peter expresly tells us , that he did ; christ also suffered for us , leaving us an example , that we should follow his steps : & wherein we must imitate christ in suffering , he tells us in the same place , viz. in suffering wrongfully , in taking it patiently , when we do well , and suffer for it , pet. . , , . and i think st. peter's authority in this case is better then all the arguments that can be urged against it ; and therefore whether we could answer these arguments or no , yet it is evident , that they are not good , because they prove that which is manifestly false , that christ is not our example in suffering , when st. peter tells us , that he is : but yet it is a mighty satisfaction , not only to know , that an argument is false , but to discover , wherein the fallacy consists ; and therefore i shall give a more particular answer to these objections . . as for their first argument , that christ came into the world on purpose to die as a sacrifice for sin , and therefore it was inconsistent with his design , and the person he undertook , to resist and oppose , had it been never so lawful to resist ; i grant it is very true , but yet this does not prove , that he cannot be our example in suffering . for , . this is not the only reason our saviour gives of his non-resistance , and patient suffering . he gives peter another reason , because it is unlawful to draw the sword against a just authority , though our cause be never so just : put up thy sword again into his place , for all they that take the sword shall perish by the sword ; which i have already explained to you at large . so that our saviour acknowledges it as unlawful to resist a lawful authority , as it was inconsistent with his design of dying for the sins of men ; and herein certainly he is fit to be our example , in not resisting a lawful authority in his own defence . . i grant , it had not been agreeable to the person which our saviour took , to have avoided death by a forcible resistance ; but then our saviour voluntarily took such a person , as was fit to be an example to us . his person and his religion were very well suited to each other ; a meek , humble , suffering person , to be an example of a meek , humble and suffering religion . his person and external circumstances of his appearance were on purpose fitted to his religion ; and it is none of the least wonders of the divine wisdom , that the work of our redemption was accomplisht in such a mysterious way , as at once made our saviour the author of our redemption , and an example of all the graces and vertues of the christian life . might not these men , if they pleased , by the same argument prove , that christ is not to be our example in meekness and poverty , and contempt of this world , and forgiving enemies , &c. because he came into the world on this design , not to be ministred unto , but to minister ? he chose a mean and low fortune ▪ and all the affronts and indignities he suffered , were part of his voluntary humiliation , and therefore it became him to bear them patiently , and to forgive them , as much as it did to die patiently by wicked hands ; but there is not the same reason for us to do so : and thus it will be hard to find any thing , wherein christ is to be our example , because the very reason of his coming into the world , the manner and circumstances of his appearance , all that he did and suffered , may be resolved into the decree and appointment of god , and his voluntary undertaking , and the accomplishment of ancient types and prophecies ; and therefore he is no more to be an example to us , than a man who acts the part of a beggar or of a prince , is to be an example to all that see him . but methinks it is worth considering , why christ chose such a person as this . why he was born of mean and obscure parents , and chose a poor and industrious life , and an accursed and infamous death ? was it impossible for infinite wisdom to have laid a more glorious and triumphant scene of our redemption ? was there no possible way , but the condescension and sufferings of his own son ? let those say that , who dare venture to determine , what infinite wisdom can do . it is enough for me to know , that christ took such a mean and suffering person upon him , because it was most agreeable to the religion , which he preacht , and of which he was to be an example ; and therefore though christ suffered for other reasons , and to other ends and purposes , than we do or can suffer , yet his sufferings are an example to us , because god chose to save and redeem us by the sufferings of his son , not only that he might expiate our sins by his blood , but also that he might be an example to us of meekness , and patience , and submission to the divine will , and subjection to government , even in the most unjust and infamous sufferings . . we may consider further , that christ's suffering in obedience to the will and appointment of god , does not make him unfit to be our example . for though god has not so peremptorily decreed , that all christians should suffer , as he did that christ should suffer , yet whenever we are called forth to suffer , ( as we always are , when we cannot avoid suffering without resisting a lawful authority ) our sufferings are as much the effects of god's decree and appointment , as the sufferings of christ were ; and in such cases every christian may , and ought to say , as his lord did , the cup which my father hath given me ▪ shall i not drink it ? thus st. peter expresly tells the christians to whom he wrote , and gives it as a reason , why they should suffer patiently , even for doing well . for even hereunto were you called , because christ also suffered for us , leaving us an example , that we should follow his steps , pet. . . now calling in the new testament signifies the choice and election of god , and always supposes a divine decree , appointment , and constitution , as the foundation of it . thus st. paul tells us , that the gifts and calling ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) of god are without repentance , rom. . that is , that decree he made to choose the pesterity of abraham for his people , which still intitled all those of them to the blessings of the gospel , who would believe in christ. thus the state of christianity is our calling , and holy calling , tim. . . heb. . because it is the way and means god hath chosen and appointed for the salvation of mankind : and christians are often stiled the called , because god has now decreed to chuse all the sincere disciples of christ , as he formerly did the posterity of abraham , to be his peculiar people ; and throughout the scriptures of the new testament , god is never said to call , nor any one to be called of god , but with respect to some divine decree and constitution ; and therefore when st. peter tells the christians , that they are called to suffer , it signifies that god has appointed them to it , by his positive will and decree . this st. paul discourses more at large in his epistle to the romans , and comforts them under their sufferings from this very consideration , that the sufferings which they underwent , were not the effects of meer chance and accident , nor of the wickedness and injustice of men , nor barely of gods permission , but of his decree and appointment ; and therefore they might certainly conclude , that what ever their sufferings were , they should turn to their good , rom. , , . and we know that all things work together for good to them that love god , to them that are called according to his purpose , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to those who are called , that is , to suffer , which is the argument the apostle is discoursing of , according to his will and pleasure and appointment . sufferings are not for the good of all profest christians , for they may tempt hypocrites to renounce their religion , and great and severe sufferings may be too powerful a temptation for weak though sincere christians ; and therefore when the rage and malice of men boils and swells , god sets bounds to it , and does not suffer these persecutions and afflictions promiscuously to light upon all christians , but exerciseth a very particular providence in chusing out fit persons to suffer , in directing the storm and tempest of persecution to fall where he pleases , upon such persons , who are armed with saith and patience to resist its fury , and to bear and conquer its rage . and such persons , who are thus appointed , who are thus called by god to suffer , shall be sure to conquer , and to receive the reward of conquerours . for thus the apostle adds , for whom he did foreknow , he also did predestinate to be conformed to the image of his son , that he might be the first-born among many brethren . this conformity to the image of christ in this place , does plainly signifie a conformity to him in sufferings , as is evident from the whole scope of the place . some persons it seems there are , whom god does predestinate or fore-appoint to be conformed to the sufferings of christ : for this is not the actual portion of all christians , though it is the condition of our discipleship ; and they are those whom he did foreknow . now the fore-knowledge of god includes his choice and election ; he chuses out of the body of christians , some fit persons to make his martyrs and confessors , to be examples of faith and patience and courage to the world , and whom he did predestinate , them he also called ; and whom he called , them he also justified ; and whom he justified ▪ them he also glorified ; that is , those persons whom god thus chuses , and preordains to suffer as christ did , in time he calls forth to suffer ; and when he does so he justifies them , that is , he brings them off with triumph and victory , and owns and applauds their faith and patience . for so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes signifies ; and therefore to be justified , is expounded by to conquer and overcome ▪ rom. . that thou mightest be justified ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) in thy sayings , and mightest overcome when thou art judged . and indeed this is properly to be justified in any trial or combate , to overcome and conquer ; and that god who gives the victory , gives the reward too ; and whom he justifies , them he also glorifies : which seems to refer not to those rewards which are common to all christians , but to some peculiar degree of glory , which is prepared for such conquerours , as the apostle speaks ; if so be , that we suffer with him , that we may be also glorified together , v. so that though god has not made us slaves and vassals to the humour of every tyrant , yet all the afflictions and sufferings of christians , especially those , which befal them on the account of religion , are as particularly ordered and determined by god , as the sufferings of christ himself were : and therefore there is no difference upon this account between the sufferings of christ , and the sufferings of his disciples ; and therefore though christ came into the world on purpose to suffer in obedience to the divine will , this does not make him ever the less fit to be an example to us . nay , his obedience to the will of god in suffering the hardest things from the most unjust and tyrannical powers , is an example to us of the same patient suffering , and submission to the will of god. it is true , none of us in particular can know that god has decreed , that we shall suffer such or such things , and from such or such hands , as our saviour did ; but yet this we know , that it is god's will and pleasure , that we should patiently endure those sufferings , which we cannot avoid without sin ; and since he has forbid us by express laws to resist the higher powers , whatever sufferings cannot be avoided without resistance , it is god's will and pleasure , that we should submit to them . and since none of these sufferings , which are unavoidable to us , befal us without the particular decree and appointment of god , we have reason in imitation of our great master , to submit to them with the same cheerfulness and self-resignation as he did . there is something indeed in the example of our saviour , which in our circumstances we are not bound to imitate . for he punctually knowing , what god's will and pleasure was concerning him , voluntarily chose that condition , which he so well knew , god had allotted for him . he freely chose a mean and servile fortune , he chose suffering and death ; when his time of offering up himself was come , he went up to ierusalem on purpose to die there : but we are not bound to choose poverty and disgrace and suffering , we are not bound voluntarily to deliver up our selves into the hands of tyrants and persecutours , who thirst after our blood. we may and ought to use all just and honest arts to make our condition easie and comfortable in the world , and to avoid the rage and fury of bloody men , because we cannot tell , that it is the will and appointment of god , that we shall suffer , till our sufferings are unavoidable ▪ and then when we must either suffer or sin , when we must either renounce our religion , or resist the powers , we must embrace suffering and death , as that portion , which god has allotted for us . i shall onely observe , by the way , what a mighty security this is to all good christians , how absolute or tyrannical soever the power be under which they live ; that they are safe in god's hands , and all the powers of men and devils cannot touch them , till god by a positive decree appoints and orders their suffering . there could not be greater nor more absolute tyrants than the roman emperours were at this time , and yet they had no power over the meanest christian , but by an express commission from heaven . this is the special priviledge of the christian church above the rest of mankind , that they are god's peculiar care and charge ; that he does not permit any sufferings or persecutions to befal them , but what he himself orders and appoints . it is a great security to the world , that there is no evil happens to men but what god permits , and that he permits nothing but what he can over-rule to wise and good ends ; but it is a greater happiness to have our condition immediately allotted by god. god may permit a great many evils to befal us in anger and displeasure ; but when he takes us into his immediate protection , and under his own government , whatever evils he appoints for us , whoever are the instruments of them , are certainly for our good : and therefore there is no such danger in the doctrine of non-resistance , as some men imagine . how absolute soever this may be thought to render princes , sincere christians can suffer nothing by it : for they shall suffer nothing , more nor less , than what god appoints for them to suffer . . it is also urged against the obligation of our saviour's example to suffer as he did , that christ by his state of servitude and sufferings , has purchas'd liberty for us ; and that not onely a spiritual and internal , but an external and civil liberty . we are no longer bound to submit to usurping and tyrannical powers , when we have strength and power to deliver our selves from that necessity . there is no help for it , but men who are weak and unable to resist , must obey and suffer ; but this is matter of force , not of duty : we are now bought with a price , and therefore must not chuse a state of subjection and servitude to men . . now in answer to this , we may consider first , that this obedience and subjection to soveraign princes , either was a duty before christ's appearing in the world , or it was not . if it were not , then our deliverance from this subjection to princes , is no part of that liberty which christ has purchas'd for us , because it was the natural right of mankind before ; and therefore there was no need of christ's dying to purchase this , which he cannot give us a greater right to than we had before his death . if subjection and non-resistance were our duty before , and ceases to be our duty now , then christ by his death has cancelled the obligations of our duty , and purchas'd a liberty and freedom not to do that now which by the laws of god or nature we were bound to do before ; that is , christ by his death has abrogated not onely the ceremonial , but some moral laws ; which i shew'd you before was contrary to the nature and designe of his undertaking . . it is strangely unaccountable , how obedience to any law should abrogate and cancel it . how christ by subjection to the higher powers , should for ever after deliver his disciples from the necessity of subjection , and make them free from the authority and government of princes , whenever they dislike their government . a typical law may be fulfilled and receive its just accomplishment , and then its obligation ceases . thus the death of christ fulfilled the levitical sacrifices , and put an end to them : but the authority of a moral law is confirmed and strengthened , not abrogated and disanulled by great examples . when christ quietly and patiently submitted to the most unjust sentence , in obedience to lawful authoritie , he either did well or ill in it : if he did ill , his example indeed is not to be imitated ; but if he did well , how did his doing well deliver us from the obligation of doing well ? did his doing well , make it ill for us to do as he did ? why did not his perfect and unsinning obedience as well deliver us from the obligation of all the other laws of god , as from obedience and subjection to princes ? the antinomians indeed are so absurd as to say , that christ fulfilled all righteousness in our stead , and that every believer has fulfilled the law in christ ; and therefore is not bound to fulfil it in his own person as a condition of life and salvation . but yet they are not so absurd as to say that christ by the righteousness of his life and death , has altered the nature of good and evil , and cancelled any one law of god. the law is in force still , and the dutie is the same ; but the law cannot take hold of them , nor exact a personal righteousness from them , because they have already fulfilled the law in christ. but now these men must say , that christ has not onely fulfilled the law of subjection and non-resistance , as a condition of salvation , but has cancelled it as a rule of life . . the death of christ could not purchase any civil rights or liberties which we had not before , nor make any change in the external fortunes or conditions of men . the death of christ is represented in scripture either as an atonement or expiation of sin , or as the purchase and seal of the new covenant . now how does the death of christ , by expiating our sins , deliver us from subjection to our civil governours ? what connexion is there between the expiation of our sins , and our freedom from the authoritie of princes , that he who does one , must be supposed to do the other ? and as for the new covenant , where does that grant any new franchises and liberties to subjects ? let them produce their new charter to justifie their exemption from subjection to princes ; let them shew any one saying in the gospel of our saviour , if they can , to that purpose . what the doctrine of christ is , you have already heard ; and when christ died to confirm the new covenant in his bloud , it is absurd to say that he has purchased any liberties for us , but what he has expresly granted to us in his gospel . he does indeed promise libertie & freedom to his subjects , but it is a libertie of another nature ; a libertie from the power and dominion of sin . ye shall know the truth , and the truth shall make you free , john . that is , the power of the gospel-revelation should deliver them from the empire of their lusts , and give them the true government and masterie of themselves : and therefore he adds , verily , verily , i say unto you , whosoever committeth sin , is the servant of sin . and the servant abideth not in the house for ever : but the son abideth for ever . if the son therefore shall make you free , ye shall be free indeed , , , v. but does not st. paul advise the corinthians to assert even their civil and political freedom when they can , and that from this argument , that they are the freemen of christ ? which seems to intimate , that there is such a connexion between our spiritual and civil liberties , that it does not become christ's freemen to be slaves and servants unto men . cor. . , , v. art thou called , being a servant ? care not for it : but if thou mayest be made free , use it rather . for he that is called in the lord , being a servant , is the lord 's free man : likewise also he that is called , being free , is christ's servant . ye are bought with a price , be not the servants of men . but what is it they would prove from these words ? that our subjection to men is inconsistent with our freedom in christ ? that the apostle expresly denies . for he that is a servont , is christ's freeman . or that christ , when he made us free , did deliver us from the subjection of men ? not that neither . for he does not advise christian servants to leave their masters , as he might and ought to have done , if christ had bestowed this civil libertie on them ; but he was so far from this , that when onesimus had run away from his master philemon , and was converted by st. paul , and proved very useful and serviceable in the ministrie , yet he would not detain him from his master , without asking his leave : which occasioned the epistle to philemon , as you may see , , , &c. and in this place he advises the christian servants not to be concerned at their being servants ; which was no injury at all to their christian libertie : but if they could procure their libertie by any fair and just means , they should chuse to do it ; which is upon many accounts more desirable , especially when christians were servants to heathen masters , as it often was in those days . but does not the apostle expresly tell them , ye are bought with a price , be not ye the servants of men ? yes , he does : but sure this cannot signifie that servants should cast off the authoritie of their masters . for that is directly contrary to what he had advised them before , and contrary to his own practice in the case of onesimus , whom he sent back to his master philemon . but all that i understand by it , is this ; that those christian servants who could not obtain their freedom , should yet take care not to be servants to the lusts and passions of their heathen masters . for though a state of civil bondage and slavery is not inconsistent with their christian libertie , yet to be ministers and servants to the vices of men , is : and therefore when they lay under any such temptation ( as christians who served heathen masters could not long escape it ) they must then remember that they are christ's freemen , who were bought with a price ; and therefore must neither be servants to their own lusts , nor to the lusts of other men . and the reason why i chuse this sence of the words , is this ; because the apostle opposes being bought with a price , that is , their being redeemed by christ , or being christ's freemen , to their being the servants of men , as inconsistent with each other . and therefore their being the servants of men , cannot be understood of civil servitude , which he before had told them was not inconsistent with their christian libertie , but of being servants to the vices of men . but what now is all this to subjection to soveraign princes ? does the apostle exhort the christians too to throw off the civil powers ? it was possible for a christian servant to purchase his libertie , or to obtain it some other lawful ways ; but how can subjects deliver themselves from the authoritie of princes ? unless they go into some country where there is no government , or resist and rebel against the higher powers where they are : neither of which is agreeable to our apostles doctrine , who would not allow servants to run away from their masters , much less rebel against them to procure their libertie . nor was the case the same between christian subjects and soveraign princes , and between masters and servants ; and therefore neither is the reason the same , why subjects should desire freedom from the higher powers . servants in those days were slaves and vassals , and were kept in such constant attendance on their masters , that it must needs be very difficult ; besides the other temptations they were exposed to , to gain any time or libertie for attending on christian worship , and the instructions of the church . but christian subjects are more at their own disposal , even under heathen princes ; and have all that libertie , excepting the case of persecution , which is necessary for the purposes of religion ; which yet is the onely reason intimated here , why the apostle advises servants to procure their freedom , if they can . to conclude this argument ; there were a sort of men , even in the apostles days , who boasted mightily of their christian libertie , and thought scorn for a christian either to be a servant or a subject . for this reason st. paul in this place instructs servants , that their christian libertie is not injured by their being servants : for this reason are there such frequent directions to servants to obey their masters . for this reason does st. peter caution the christians against this pretence of christian libertie , which some abused then , as they do still , to the disturbance of civil governments ; as free , but not using your liberty for a cloak of maliciousness , but as the servants of god. chap. iv. what st. paul preached about non-resistance of the higher powers . having thus concluded what the doctrine and example of our saviour was , about subjection to the higher powers ; let us now consider the doctrine and example of his apostles . not as if the authority and example of our saviour were not sufficient of it self to make a law , but stood in need of the confirmation and additional authority of his own apostles ; but we might justly suspect our selves mistaken in the meaning of our saviour's words , or in the intention and design of his sufferings , had none of his apostles , who were immediately instructed by himself , and acquainted with the most secret mysteries of his kingdom , ever preacht any such doctrine as this , of subjection to princes . and therefore to give you the more abundant assurance of this , i shall plainly shew you , that the apostles taught the same doctrine , and imitated the example of their great master . i shall begin with st. paul , who has as fully declared himself in this matter , as it is possible any man can do by words , rom. , . let every soul be subject unto the higher powers ; for there is no power but of god : the powers that be , are ordained of god whosoever therefore resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation . this is a very express testimony against resistance , and therefore i shall consider it at large ; for there have been various arts used to pervert every word of it , and to make this text speak quite contrary to the design and intention of the apostle in it : and therefore i shall divide the words into three general parts . . the doctrine , the apostle instructs them in : let every soul be subject to the higher powers . . the reason whereby he proves and inforces this doctrine : for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god. . the punishment of such resistance : and they that resist , shall receive to themselves damnation . . i shall begin with the doctrine , that every soul must be subject to the higher powers . and here are three things to to be explained . . who are contained under this general expression of every soul. . who are meant by the higher powers . . what is meant by being subject . . who are contained under this general expression of every soul , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which by an ordinary hebraism , signifies every man. for man is a compounded creature of body and soul , and either part of him is very often in scripture put for the whole . sometimes flesh , and sometimes soul signifies the man ; and when every soul is opposed to the higher powers , it must signifie all men , of what rank or condition soever they be , who are not invested with this higher power . popes and bishops and priests , as well spiritual as secular persons ; the whole body of the people , as well as every single individual . for when every soul is commanded to be subject , without any exception or limitation , this must reach them in all capacities and conditions . the design of the apostle , as you shall hear more presently , was to forbid all resistance of soveraign princes ; and had he known of any men , or number of men , who might lawfully resist , he ought not to have exprest it in such general terms , as to forbid all without exception . had st. paul known the prerogative of st. peter , and his successors the bishops of rome , would he have written to the christians of rome to be subject to their emperours , without making any provision for the greater authority of their bishops ? the reason he assigns why every soul must be subject to the higher powers , is , because all powers are of god. so that whoever is bound to be subject to god , must be subject to their prince , who is in god's stead . and this i think will reach the pope of rome , as well as any private christian ; unless he will pretend to more authority on earth , than god himself has : for the prince has god's authority , and therefore cannot be resisted , but by a greater authority than god's . and by the same reason , if the whole body of the people be subject to god , they must be subject to their prince too , because he acts by god's authority and commission . were a soveraign prince the peoples creature , might be a good maxime , rex major singulis , sed minor universis , that the king is greater than any particular subject , but less than all together ; but if he be god's minister , he is upon that account as much greater than all , as god is . and that the whole body of the people , all together , as well as one by one , are equally concerned in this command of being subject to the higher powers , is evident from this consideration , that nothing less than this will secure the peace and tranquillity of humane societies . the resistance of single persons is more dangerous to themselves than to the prince , but a powerful combination of rebels is formidable to the most puissant monarchs . the greater numbers of subjects rebel against their prince , the more do they distress his government , and threaten his crown and dignity : and if his person and authority be sacred , the greater the violence is , which is offered to him , the greater is the crime . had the apostle exhorted the romans after this manner : let no private and single man be so foolish , as to rebel against his prince , who will be too strong for him : but if you can raise sufficient forces to oppose against him , if you can all consent to depose or murder him , this is very innocent and justifiable , nay an heroical atchievement , which becomes a free-born people : how would this secure the peace and quiet of the world ? how would this have agreed with what follows , that princes are advanced by god , and that to resist our prince , is to resist the ordinance of god , and that such men shall be severely punisht for it in this world or the next ? for can the apostle be thought absolutely to condemn resistance , if he makes it only unlawful to resist when we want power to conquer ? which yet is all that can be made of it , if by every soul the apostle means only particular men , not the united force and power of subjects . nor can there be any reason assigned , why the apostle should lay so strict a command on particular christians to be subject to the higher powers , which does not equally concern whole nations . for if it can ever be lawful for a whole nation to resist a prince , it may in the same circumstances be equally lawful for a particular man to do it : if a nation may conspire against a prince , who invades their rights , their liberties , or their religion , why may not any man by the same reason resist a prince , when his rights and liberties are invaded ? it is not so safe and prudent indeed for a private man to resist , as for great and powerful numbers ; but this makes resistance only a matter of discretion , not of conscience : if it be lawful for the whole body of a nation to resist in such cases , it must be equally lawful for a particular man to do it ; but he does it at his own peril , when he has only his one single force to oppose against his prince . so that our apostle must forbid resistance in all or none . for single persons do not use to resist or rebel , or there is no great danger to the publick if they do ; but the authority of princes , and the security of publick government , is only endangered by a combination of rebels , when the whole nation or any considerable part for numbers , power , and interest , take arms against their prince . if resistance of our prince be a sin , it is not the less , but the greater sin , the greater and the more formidable the resistance is ; and it would very much unbecome the gravity and sacredness of an apostolical precept , to enjoyn subjection to private christians , who dare not , who cannot resist alone ; but to leave a powerful combination of rebels at liberty to resist . so that every soul must signifie all subjects whether single or united : for whatever is unlawful for every single person considered as a subject is unlawful for them all together ; for the whole nation is as much a subject to the higher powers , as any single man. thus i am sure it is in our government , where lords and commons assembled in parliament own themselves the subjects of the king , and have by publick laws disclaimed all power of raising any war either offensive or defensive against the king. . let us now consider what is meant by the higher powers , [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] which signifies the supreme power in any nation , in whomsoever it is placed . whether in the king , as in monarchical governments ; or in the nobles , as in aristocratical ; or in the people , as in democracies . at the time of writing this epistle , the supreme power was in the roman emperours ; and therefore when st. paul commands the roman christians to be subject to the higher powers , the plain meaning is , that they be subject to the roman emperour . and thus st. peter explains it , epist. chap. v. be subject to every ordinance of man for the lord's sake , whether to the king as supreme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the word used in my text , as to him who hath a supereminent power , and is above all others . it is absolutely necessary in all well-governed societies , that there should be some supreme and soveraign power , from whence there lies no appeal , and which cannot and must not be resisted . for otherwise there can be no end of disputes , and controversies ; men may quarrel eternally about rights and priviledges , and properties , and preheminencies ; and when every man is judge in his own cause , it is great oddes but he will give judgement for himself , and then there can be no way to determine such matters , but by force and power . which turns humane societies into a state of war , and no man is secure any longer , than he happens to be on the prevailing side . whoever considers the nature and the end of government , must acknowledge the necessity of a supreme power , to decide controversies , to administer justice , and to secure the publick peace : and it is a ridiculous thing to talk of a supreme power , which is not unaccountable and irresistible . for whatever power is liable to be called to an account , and to be resisted , has some power above it , and so is not supreme . of late years , whoever has been so hardy , as to assert the doctrine of non-resistance , has been thought an enemy to his country , one who tramples on all laws , who betraies the rights and liberties of the subject , and sets up for tyranny and arbitrary power . now i would desire those men , who think thus , to try their skill in framing any model of government , which shall answer the ends and necessities of humane society , without a supreme power , that is , without such a power , as is absolute and unaccountable . if there be no supreme power in any society , when ever there happens any difference among the members of such a society , nothing can be done ; and such a society is an arbitrary and voluntary , not a governed society ; because there is no body to govern , and no body to be governed : they may govern themselves by mutual consent ; but if they cannot agree , there is an end of their government . where there is any government , there must be some-body to govern , and whoever has the power of government , must not be contradicted or resisted , for then he cannot govern ; for a power to govern men onely when , and in what cases they please to be governed , is no power . now place this power where you will , in a single person , or in the hands of some select persons , or in the people , and the case is the same ; where ever the power rests , there it is absolute and unaccountable : wherever there is any government , there must be a last appeal , and where the last appeal is , whether to a prince , to a parliament , or to the people , there is soveraign and absolute power , which cannot be resisted without a dissolution of government , and returning to a state of war ; which is a direct contradiction to the first institution of humane societies , and therefore that which cannot be allowed by the fundamental constitutions of any society . the result of all in short is this : . that in all civil governments , there must be some supreme and soveraign power . . that the very notion of supreme power is , that it is unaccountable and irresistible . and therefore , . whatever power in any nation according to the fundamental laws of its government , cannot and ought not to be resisted , that is the supreme power of that nation , the higher powers to which the apostle requires us to be subject . and from hence it is evident , that the crown of england is an imperial crown , and has all the rights of soveraignty belonging to it . since according to the fundamental laws of the realm , the person and authority of the king is sacred and irresistible . the oaths of allegiance and supremacy , those laws which declare , and acknowledge the king to be supreme in his dominions under god , to have the sole power of the sword , that it is treason to levy war against the king within the realm , and without ; that both or either houses of parliament cannot , nor lawfully may , raise or levy war offensive or defensive against his majesty , his heirs , or lawful successors ; that it is not lawful upon any pretence whatsoever to take arms against the king , and that we must abhor that traiterous position of taking arms by his authority against his person , or against those who are commissionated by him : these , i say , and such like declarations as these , both formerly and of late , made by both houses of parliament , and enacted into publick laws , are a sufficient proof , that the supreme power of these realms is lodged in the prince . for he who is unaccountable and irresistible is supreme . but to avoid all this , there are some who tell us , that by the higher powers in the text , the apostle means the law. for laws are the highest and most venerable authority in any nation ; and we ought indeed to be subject to princes who themselves are subject to the laws , which they are as much obliged to by virtue of this apostolical command as meaner persons . for the law is as much superior to them , as they are to their own subjects ; and therefore when princes violate publick laws , they are no longer to own them for the higher powers , but may vindicate the laws against them , may defend the legal authority of their prince against his personal usurpations , may fight for the authority of the king against his person . but in answer to this , we may consider , . that it is evident from the whole context and manner of speaking , that the apostle does not here speak of laws , but persons ; not of imperial laws , but soveraign princes . laws were never before called the higher powers , neither in sacred nor profane writers ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the new testament always signifies the authority of a person , not of a law . and hence it signifies the person invested with this authority . it were easy to prove this by numerous instances ; but it will be sufficient to shew , that thus it must signifie in the text. these are such powers as are of god , appointed and ordained by god ; which i suppose does not signifie the laws of every nation , many of which are far enough from being divine . they are expresly called rulers in the v. and are the object of fear ; which can punish and reward : if thou wilt not be afraid of the power , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , do that which is good , and thou shalt have praise of the same . now i think no law , but the power , which executes laws , can apply punishments or rewards according to mens deserts : and in the v. this very power is called the minister of god , and said to bear the sword , which does not belong to laws but persons ; and in the text the apostle speaks of resisting these powers , opposing force to force . now though laws may be disobeyed , it is onely lawgivers and rulers , who are capable of resistance . . but however , these higher powers may signifie princes and rulers , as governing according to known laws . no , this cannot be neither , because the apostle speaks of such powers as were under the government of no laws ; as it is sufficiently known the roman emperours were not ; their will was their law , and they made or repealed laws at their pleasure . this epistle was wrote either under claudius or nero ; and i think i need not tell you , that neither of those emperours had any great reverence for laws , and yet these were the higher powers to whom the apostle commands them to be subject : and indeed , though there be a vast difference between a prince , who by the fundamental constitutions of his kingdom , ought to govern by laws , and a prince whose will is his law ; yet no law can come into the notion and definition of supreme and soveraign powers : such a prince is under the direction , but cannot properly be said to be under the government of the law , because there is no superior power to take cognizance of his breach of it ; and a law has no authoritie to govern , where there is no power to punish . but i shall have occasion to discourse this more largely hereafter . . let us now consider , what is meant by being subject , now subjection , according to its full latitude of signification , includes all those duties , which we owe to soveraign princes ; a chearful and willing obedience to all their just and lawful commands ; an humble submission to their reproofs and censures , corrections and punishments ; to honour and reverence their persons and authority ; to pay custom and tribute , and all legal taxes and impositions , as our apostle addes , verse the . render therefore unto all their dues , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour . but the principal thing he has regard to in the text , is non-resistance , which is the onely perfect and absolute subjection we owe to princes . we are not always bound to do what they command , because they may command , what we ought not , what we must not do ; but we are always bound to be subject , that is , never to resist . though a prince abuse his power , and oppress his subjects , we must not take upon us to right ourselves , but must leave our cause to god , who is the great protector of opprest innocence : for as the apostle tells us , he that resisteth the power , resisteth the ordinance of god ; and they that resist , &c. this is the doctrine the apostle teaches , that we must be subject to , that is , that we must not resist , nor rebel against soveraign princes . . let us then now consider the reason , whereby the apostle proves and inforces this doctrine of subjection or non-resistance . for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god. the plain meaning of which is this : that soveraign princes are advanced to the throne by god , and are his ministers and vicegerents , invested with his authority and power to govern ; and therefore when we resist our prince , we resist the ordinance , constitution , and appointment of god. such men do not resist , rebel , or fight against man , but god. as he who resists any subordinate magistrates , resists his prince , from whom they receive their authority and commission . and this is a very forcible argument to subjection to princes : for whatever our prince be , it is certain , that god has an absolute and uncontroulable right over us , as being the natural lord and governour of the world ; and if earthly princes are plac't in the throne by him , who is at liberty to put the government of the world into what hands he pleases , who will dare to oppose god ? or ask him , why hast thou done so ? whoever has any sense of god's dominion and soveraignty , dares not rebel against him ; and he , who believes that princes are made by god , will no more dare to rebel against his prince , than against god himself . the patrons of resistance have used all manner of arts to evade the force of this text , and to make the apostles argument signifie just nothing ; and therefore it will be necessary to consider briefly what they say . . then some of them own the truth of what st. paul asserts , that soveraign princes are of god , are advanc't and set in their thrones by him ; but then they say , princes are from god , no otherwise than every thing else is of god. the divine providence governs all things ; and plague and pestilence and famine , and whatever evil and calamity befals a nation , is from god too ; but does it hence follow , that when god brings any of these judgements upon us , we must not endeavour to remove them ? no more , say they , does it follow , that we must not endeavour to break the yoak of a tyrant , because it was put on by god. that is , in plain english , that when the apostle proves , that we must not resist princes , because they are set up by god , he does not reason truly ; for notwithstanding this , we may resist tyrannical princes , as we would do the plague , though they are both sent by god : and i suppose these men believe that st. paul was no more inspired by god , than princes are made by him . otherwise they might as easily have concluded , that since st. paul founds no doctrine of non-resistance upon god's authority and dominion in advancing princes , ( and his argument must be good , if he were an inspired man ) that therefore there is some little difference between god's making a king though a tyrant , and his sending the plague : and any man of an ordinary understanding might guess , that when god sets up a king with a soveraign power , he sets him up to govern ; and therefore though he may prove a scourge and a plague , yet he is such a plague , as god will allow no man to remove , but himself . for it is a contradiction in the nature of the thing , to give authority to a prince to govern , and to leave subjects at liberty to resist . tyrants are god's mininisters , though they be but executioners of his just vengeance ; but an executioner , though he be as dangerous as the plague , cannot be resisted , without resisting the prince . . at other times they tell us , that when st. paul asserts , that there is no power but of god , the powers that be , are ordained of god , he means this onely of the institution of civil power and government , not of every prince that is advanced to this power . the institution of civil government they will allow to be from god , but they think it a reproach to god to own that tyrants and oppressors , wicked and impious kings , are advanced by god. his providence many times , for wise reasons , permits this , as he does all other evils ; but they cannot believe , that such men are advanc't by his council and approbation , and positive will and appointment . but this admits of various answers . for , . can there be no wise reason given , why god may advance a bad man to be a prince ? if there may , then it is no reproach to the divine providence . the natural end of humane societies is the preservation of publick peace and order ; and this is in some measure attained even under the government of tyrants . but god has a further end than this , to bless and reward a virtuous nation , or to punish a loose and degenerate age ; and there cannot be a greater blessing than a wise and virtuous prince , nor a greater plague than a merciless tyrant : and therefore the providence of god is as much concerned in setting a good or a bad prince over any people , as in rewarding or punishing them . upon this account , god calls the king of assyria the rod of his anger , whom he raised up for the punishment of an hypocritical nation , isai. , . . i have already proved , that by the powers in my text , the apostle means the persons of soveraign princes ; and therefore according to his doctrine , those princes who were then in being , that is , the roman emperors , were advanc't by god ; the powers that be , that is , the princes and emperors who now govern the world , are ordained and appointed by god. and that thus it is , god himself tells us , jerem. , . i have made the earth , and given it unto whom it seemed meet unto me : and now i have given all these lands into the hands of nebuchadnezzar king of babylon my servant . thus he called cyrus by name , many years before he was born , to be his shepherd , and to perform his pleasure in rebuilding ierusalem , isa. . . ch . , , , . this was the belief of the primitive christians under heathen and persecuting emperors . tertullian who wrote his apologie under severus , asserts that caesar was chosen by god , and therefore that the christians had a peculiar propriety in caesar , as being made emperor by their god. sed quid ego amplius de religione atque pietate christiana in imperatorem , quem necesse est suspiciamus , ut eum quem dominus noster elegit , & merito dixerim , noster est magis caesar , a deo nostro constitutus . tert. apol. cap. . and this he assigns as the reason , why they honour and reverence , and pray for him , and are in all things subject to him . . if these men will grant , the institution of civil power and authority by god is a necessary reason why we must not resist those who have this power , it shall satisfie me ; and i will dispute no further , whether by powers in the text the apostle means civil government , or the persons of princes , so long as the doctrine of non-resistance is secured : but if they will not grant this , then they must grant , that either the apostle reasons weakly , or that this is not the sense of his words . st. chrysostom indeed by the powers that be ordained of god , understands no more than that civil power and authority is from god , as being afraid to own that all princes , though never so wicked are appointed by god ; but then he owns the doctrine of non-resistance , because the power is from god , whoever have the possession of it , or however he came by it . but i think the argument for non-resistance is much stronger , if we acknowledge , that soveveraign princes themselves are appointed by god , and have this power put into their hands by his peculiar and ordering providence . . others in plain terms deny , that this is true , that princes receive their power from god , and are ordained and appointed by him , though the words of the apostle are very plain and express in the case . but let us set aside the authority of the apostle a while , and examine why they say so . and this they think is very plain in all nations , that princes are advanc't to the throne by the choice and consent of the people , or by right of inheritance , confirmed and settled by publick laws , which include the consent of the people , and therefore they receive their power from those who chose them ; which is no more than a fiduciary power , which they are lyable to give an account of to those who choose them . now grant this to be true , that princes are advanc't to the throne by the people , which will not very well hold in conquests , nor in hereditary kingdoms ; yet , i say , suppose it to be true , since it was manifestly the case of the roman empire , when the apostle wrote this epistle , their emperors being chosen either by the senate or the army ; yet i would desire to be resolved in some few plain questions . . whether god does nothing , but what he does by an immediate power ? whether he cannot appoint and choose an emperor , unless he does it by a voice from heaven , or sends an angel to set the crown upon his head ? whether god cannot by a great many unknown ways , determine the choice of the people , to that person , whom he has before chosen himself ? may we not as well say , that god does nothing but miracles , because every thing else has some visible cause , and may be ascribed either to natural or moral agents ? god may chuse an emperor , and the people chuse him too , and the peoples choice is onely the effect of god's choice ; and therefore notwithstanding all this , princes owe their crowns and secepters to god : the powers that be are ordained of god. . how does it follow , that because princes are chose by the people , therefore they derive their power from them , and are accountable to them ? this is not true in humane governments . a city or any corporation may have authority to choose their magistrates , and yet they do not derive their power from their fellow-citizens , who chose them , but from their prince . thus the people may chuse , but god invests with power and authority . for indeed , how can people , who have no power of government themselves , give that power , which they have not ? god is the only governour of the world , and therefore there can be no power of government , but what is derived from him . but these men think , that all civil authority is founded in consent ; as if there were no natural lord of the world , or all mankind came free and independent into the world . this is a contradiction to what at other times they will grant , that the institution of civil power and authority is from god ; and indeed if it be not , i know not how any prince can justifie the taking away the life of any man , whatever crime he has been guilty of . for no man has power of his own life , and therefore cannot give this power to another : which proves that the power of capital punishments cannot result from meer consent , but from a superiour authority , which is lord of life and death . if it be said , that every man has a natural right to defend his own life by taking away the life of any man who injuriously assaults him , and he may part with this power of self-defence to his prince , and that includes the power of life and death : i answer , . suppose the laws of self-preservation will justifie the taking away another man's life in preservation of our own , yet this is a personal right , which god and nature has given us ; and unless we can prove , that we have authority to make over this right to another , as well as to use it our selves , our consent cannot give authority to the magistrate to take away any man's life in our cause . . this natural right of self-defence cannot be the original of the magistrates power , because no man does give up this right . every man has the right of self-preservation , as intire under civil government , as he had in a state of nature . under what government soever i live , i may still kill another man , when i have no other way to preserve my own life from unjust violence by private hands . and this is all the liberty any man had in a supposed state of nature . so that the magistrates power of the sword is a very different thing from every man's right of self-preservation , and cannot owe its original to it . for , . the magistrates power of the sword is not meerly defensive , as the right of self-preservation is , but vindicative , to execute vengeance on evil doers ; which power no man has over his equals in a state of nature . for vengeance is an act of superiority , and supposes the authority of a lord and judge ; and therefore the consent of all mankind cannot give the power and authority of a sword to a prince , because they never had it themselves . a prince , as he bears the sword , is not the peoples officer , but the minister of god , a revenger to execute wrath upon him that doth evil , as our apostle adds , v. . and this is the true reason of our subjection . wherefore you must needs be subject , not only for wrath , but also for conscience sake . . there is another objection against what the apostle affirms , that there is no power but of god ; the powers that be , are ordained of god. for is the power of victorious rebels and usurpers from god ? did oliver cromwell receive his power from god ? then it seems , it was unlawful to resist him too , or to conspire against him : then all those loyal subjects ▪ who refused to submit to him , when he had got the power in his hands , were rebels and traitors . to this i answer , that the most prosperous rebel is not the higher powers , while our natural prince , to whom we owe obedience and subjection , is in being . and therefore though such men may get the power into their hands by gods permission , yet not by gods ordinance ; and he who resists them , does not resist the ordinance of god , but the usurpations of men . in hereditary kingdoms , the king never dies , but the same minute that the natural person of one king dies , the crown descends upon the next of blood ; and therefore he who rebelleth against the father , and murders him , continues a rebel in the reign of the son , which commences with his fathers death . it is otherwise indeed , where none can pretend a greater right to the crown , than the usurper ; for there possession of power seems to give a right . thus many of the roman emperours came to the crown by very ill means , but when they were possest of it , they were the higher powers ; for the crown did not descend by inheritance , but sometimes by the election of the senate , sometimes of the army , and sometimes by force and power , which always draws a consent after it . and therefore the apostle does not direct the christians to enquire by what title the emperours held their crowns , but commands them to submit to those , who had the power in their hands : for the possession of supream and soveraign power is title enough , when there is no better title to oppose against it . for then we must presume , that god gives him the irresistible authority of a king , to whom he gives an irresistible power ; which is the only means , whereby monarchies and empires are transferred from one nation to another . there are two examples in scripture which manifestly confirm what i have now said . the first in the kingdom of israel : after the ten tribes had divided from the house of iudah , and the family of david , god had not entailed the kingdom upon any certain family ▪ he had indeed by ahijah the prophet promised after solomons death ten tribes to ieroboam the son of nebat , kings . . &c. but had afterwards by the same prophet threatned ieroboam , to destroy his whole family , chap. . , . baasha fulfils this prophecy by the traiterous murder of nadab , ( who succeeded his father ieroboam in the kingdom ) and usurpt the government himself , and slew all ieroboam's house , , . v. this murder and treason is numbred among the sins of baasha ; for which god afterwards threatned to destroy his house , as he had done the house of ieroboam , chap. v. . and yet he having usurpt the throne , and got the power into his hands , and no man having a better title than his , god himself is said to have exalted him out of the dust , and made him prince over his people israel , v. . elah succeeded baasha , who had no better title than his father ; and yet zimri , who slew him , is accused of treason for it , v . zimri usurpt the kingdom when he had slew his master , but he was only a vain pretender to it , when he wanted power ; for when the people who were encamped against gibbethon , heard that zimri had killed the king , they made omri king , and went immediately and besieged tirzah , where zimri had taken possession of the kings palace ; who finding no way to escape , set fire to it himself , and died in the flames of it . and now israel was divided between omri and tibni ; but those who followed omri prevailed against those who followed tibni ; and tibni died , and omni reigned , v. , . all which plainly shews , that where there is no regular succession to the kingdom , there possession of power makes a king , who cannot afterwards be resisted and opposed without the guilt of treason : and this was the case of the roman empire , at the writing of this epistle ; and therefore the apostle might well say , that the powers that be , are ordained of god. that whoever had the supream power in his hands , is the higher power , that must not be resisted . but it was otherwise in the kingdom of iudah , which god himself had entailed on davids family , as appears from the example of ioash , who was concealed by his aunt iehosheba , and hid in the house of the lord for six years . during this time athaliah reigned , and had the whole power of government in her hands ; but yet this did not make her a soveraign and irresistible prince ; because ioash the son of ahaziah , the right heir of the crown , was yet alive . and therefore in the seventh year iehoiada the priest set ioash upon the throne , and slew athaliah , and was guilty of no treason or rebellion in doing so , kings . which shews , that no usurpations can extinguish the right and title of a natural prince . such usurpers , though they have the possession of the supream power , yet they have no right to it ; and though god for wise reasons may sometimes permit such usurpations , yet while his providence secures the persons of such deposed and banished princes from violence , he secures their title too . as it was in nebuchadnezzar's vision ; the tree is cut down , but the stump of the roots is left in the earth . the kingdom shall be sure to them , after that they shall know , that the heavens do rule , dan. . . . the apostle adds the punishment of those , who resist the higher powers : they that resist , shall receive to themselves damnation . where , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judgment and damnation , it is plain the apostle means the punishments of the other world . prosperous rebellions are not always punisht in this world , but they are in the next . and therefore we must be subject not only for wrath , for fear of men ; but out of conscience towards god , and a reverence of his righteous judgments . the sum of all in short is this . that all men , whatever their rank and condition be ; not only secular , but spiritual persons ; not only private men , but subordinate magistrates ; not only single men , but whole bodies and communities , the united force and power of a nation , must be subject to soveraign princes ; that is , must obey all their just and lawful commands , and patiently submit even to their unjust violence , without making any resistance , without opposing force to force , or taking arms , though it be only in their own defence . for soveraign princes are made and advanced by god , who exerciseth a particular providence in the disposal of crowns and scepters , and over-ruleth all external and second causes , to set up such princes as he himself has first chose ; and therefore he that resisteth , resisteth not man , but god ; he opposeth the constitution and appointment of the soverain lord of the world , who alone is our natural lord and governour , and who alone has right to put the government of the world into what hands he pleases ; and how prosperous soever such rebels may be in this world , they shall not escape the divine vengeance and justice , which will follow them into another world : they shall receive to themselves damnation . this was st. paul's doctrine about subjection to the higher powers ; and he did not only preach this doctrie himself , but he charges timothy and titus , two bishops whom he had ordained , the one bishop of ephesus , the other of crete , to preach the same . thus he charges titus , to put them in mind to be subject to principalities and powers , to obey magistrates ▪ to be ready to every good work , titus . when he commands him to put them in mind to be subject , he supposes , that this is a known duty of the christian religion , and a duty of such great weight and moment , that people ought to be frequently minded of it ; that the bishops and ministers of religion ought frequently to preach of it , and to press and inculcate it upon their hearers . for it is a great scandal to the christian religion , when this duty is not observed : and yet in many cases this duty is so hard to be observed , & requires such a great degree of self-denial and resignation to the will of god , and contempt of present things , that too many men are apt to forget it , and to excuse themselves from it . and therefore st. paul gives this in particular charge to titus , and in him to all the bishops and ministers of the gospel , to take special care to instruct people well in this point , and frequently to renew and repeat their exhortations ; especially when they find a busie , factious , and seditious spirit abroad in the world . thus he instructs timothy the bishop of ephesus , tim. . . i exhort therefore , that first of all , supplications prayers , intercessions , and giving of thanks , be made for all men ; for kings , and for all that are in authority , that we may lead a quiet and peaceable life , in all godliness and honesty . but you will say , what is this to such an absolute subjection to princes as includes non-resistance in it ? cannot we pray for any man , without making him our absolute and soverain lord ? are we not bound to pray for all our enemies and persecutors ? and does our praying for them , make it unlawful to resist and oppose their unjust violence ? how then can you prove from the duty of praying for kings , that it is in no case lawful to resist them ? if it were lawful to resist tyrannical princes , yet it might be our duty to pray for them . and therefore though it be our duty to pray for princes , it does not hence follow , that we may in no cases lawfully resist them . in answer to this , i grant , that praying for any man , nay praying for kings and princes cannot of it self prove , that it is unlawful to resist them , if it otherwise appear , that resistance is lawful ; but if it be our duty to make supplications , prayers , and intercessions for persecuting princes , as the apostle commands them to pray for the roman emperors , who were profest enemies to christianity ; that is , if they must beg all good things for them , a long and happy and prosperous reign , which is included in intercessions and prayers ; this strongly infers , that they must not resist their power , nor undermine their thrones . for we cannot very well at the same time pray for the prosperity of their government , and endeavour to pull it down . the apostle did not understand those conditional prayers , that god would convert or confound them ; a prayer , which thanks be to god , was never found in any christian liturgie yet ; which possibly is one reason , why some men are no great friends to liturgies . and when the apostle directs them to pray for kings and all that are in authority , that they must live quiet and peaceable lives in all godliness and honesty , that is , that they might enjoy peace and security in the profession and practice of the true religion ; this seems to imply , that when they are persecuted for their religion , which was the case at that time , they must pray for persecuting princes , that god would incline their hearts to favour his people ; but must not fight against them . this is the only direction the apostle gives them in the case ; and we may reasonably suppose , that had he known any other , he would not have concealed it . if it is always the duty of christians to pray for the prosperous and flourishing state of the empire , as by this apostolical exhortation it appears to be , it could never be lawful for them to resist the powers ▪ for i cannot understand how any man without mocking almighty god , can pray for the prosperity of his prince , and the good success of his government , at the same time , when he fights against him . when st. paul had so freely and openly declared against resisting the higher powers , which timothy , who was his scholar and companion , and fellow-labourer , could not but know ; what other interpretation could he make of the apostles exhortation , to pray for kings , and all that are in authority , that we may live quiet and peaceable lives in all godliness and honesty , but only this , that prayer is the last and only remedy that we can have against persecuting princes ? had it been lawful for them to resist , it had been a more proper prayer , that god would give them strength and courage and counsel to oppose all his and their enemies : that he would appear as miraculously for their defence , as he formerly did in fighting the battels of israel ; that he would set christ upon his throne , and make all the princes of the earth give place to a more glorious kingdom . time was , when it was all one , whether he saved with many or a few . he knew how to destroy potent and formidable armies , without any humane strength and power , or by such weak & contemptible means , as reserved the glory of the victory intire to himself : and he is the same still that ever he was , and his power is the same . but st. paul very well knew , that it was not lawful for them to pull emperours out of their thrones , to give any disturbance to civil powers , or to attempt any changes or innovations in government ; and therefore since they must submit to such princes as they had , there was no other remedy left them , but to beg of god so to incline the hearts of princes , that they might enjoy a quiet and peaceable possession of their religion , even under pagan princes . for as much as some men of late days profanely scoff at prayers and tears , these have been always thought the onely remedy the church has against persecuting powers ; and it seems st. paul thought so too , for he prescribes no other ; and yet he does not allow them to pray against the king neither , but exhorts them to pray for him , and that they might enjoy peace and security under his government . chap. v. st. peter's doctrine about non-resistance . having heard what st. paul's doctrine was , let us now consider what st. peter taught about this matter : he had as much reason to learn this lesson as any of the apostles , our saviour having severely rebuked him for drawing his sword against the lawful powers , as you have already heard . and indeed , his rash and intemperate zeal in this action cost him very dear ; for we have reason to believe , that this was the chief thing , that tempted him to deny his master . he was afraid to own himself to be his disciple , or that he had been in the garden with him ; because he was conscious to himself , that by drawing his sword , and smiting the servant of the high priest , he had incurred the penalty of the law , and had he been discovered , could expect nothing less , but to be severely punish't for it , it may be to have lost his life for his resistance . and indeed , this has very often been the fate of those men , who have been transported with a boistrous and intemperate zeal to draw their swords for their master and his religion against the lawful powers , that they commonly deny their master , and despise his religion , before they put their swords up again . but st. peter having by our saviour's reproof , and his own dear-bought experience learn't the evil of resistance , never drew his svvord more , and took great care to instruct christians not to do so , peter . , , , . submit your selves to every ordinance of man for the lord's sake , whether it be to the king as supreme ; or unto governours , as to them that are sent by him , for the punishment of evil doers , and for the praise of them that do well . for so is the will of god , that with well doing , ye may put to silence the ignorance of foolishmen . as free , and not using your liberty as a cloak of maliciousness , but as the servants of god. this is the very same doctrine , which st. paul taught the romans : let every soul be subject to the higher powers ; for the same word is used in the original 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and therefore to submit and to be subject is the same thing , which , as st. paul tells us , signifies non-resistance . onely as st. paul speaks onely of not resisting the higher powers , that is , emperours and soveraign princes , herein including all those , who act by their authority ; st. peter , to prevent all cavils and exceptions , distinctly mentions both , that we must submit to all humane power and authority , not onely to the king as supreme , that is , in st. paul's phrase , to the higher powers , to all soveraign princes who are invested with the supreme authority ; but also to those , who are sent by him , who receive their authority and commission from the soveraign prince . st. paul tells us at large , that all power is of god , and that the power is the minister of god , and he that resisteth the power , resisteth the ordinance of god ; and therefore we must needs be subject , not onely for wrath , that is , for fear of being punish't by men , but also for conscience sake , out of reverence to god , and fear of his judgement . this st. peter comprises in one word , which includes it all ; submit your selves to every ordinance of man for the lord's sake : for how is god concerned in our obedience to princes , if they be not his ministers , who are appointed and advanced by him , and act by his authority , and if it be not his will and command , that we should obey them ? and therefore he addes , for this is the will of god , that with well doing , that is , by obedience and subjection to princes , ye may put to silence the ignorance of foolish men , that is , that you may put to silence those foolish men , who ignorantly accuse you , as fond of changes , and troublesome and dangerous to government . but then st. peter observing , that christian liberty was made a pretence for seditions and treasons , he cautions them against that also , as free , but not using your liberty for a cloak of maliciousness , that is , to cover and excuse such wickedness as rebellion against princes , but as the servants of god : you must remember , whatever freedom christ has purchas 't for you , he has not delivered you from obedience and subjection to god ; you are his servants still , and therefore must be subject to those , who receive their power and authority from god , as all soveraign princes do . this is as plain , one would think , as words can make it ; but nothing can be so plain , but that men who are unwiling to understand it , and who set their wits on work to avoid the force and evidence of it , may be able to find something to say , to deceive themselves , and those who are willing to be deceived : and therefore it will be necessary to consider , what false colours some men have put upon these words , to elude and baffle the plain scope and designe of the apostle in them . as first , they observe , that st. peter calls kings and subordinate governours an ordinance of man , or a humane creature , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and from hence they conclude that kings are onely the peoples creatures ; they are made by the people , and receive their power from them , and therefore are accountable to them if they abuse their power . in answer to this , we may consider , . that this interpretation of st. peter's words , is a direct contradiction to st. paul , who expresly asserts , that there is no power but of god , the powers that be are ordained of god : but according to this exposition of humane creature , or the ordinance of man , there is no power of god , but all power is derived from the people . kings and princes may be chosen by men , as it is in elective kingdoms , and as it was at that time in the roman empire ; but they receive their power from god , and thus st. paul and st. peter may be reconciled : but to affirm , that st. peter calls kings an ordinance of man , because they receive their power and authority from men , is an irreconcilable contradiction to st. paul , who affirms , that they receive their power from god , that they are god's and not the peoples ministers . now though st. peter and st. paul did once differ upon a matter of prudence , it would be of ill consequence to religion , to make them differ in so material a doctrine as this is : and yet there is no way to reconcile them , but by expounding st. peter's words so as to agree with st. paul's ; for st. paul's words can never be reconciled with that sence , which these men give of st. peter's ; and that is a good argument to me , that is not the true interpretation of st. peter ; for i verily believe , that these two great apostles did not differ in this point . . st. peter exhorts them to submit to every ordinance of man for the lord's sake ; which plainly signifies , that whatever hand men may have in modelling civil governments , yet it is the ordinance of god , and princes receive their power from him . for it is no act of disobedience to god to resist our prince , nor of obedience to god to submit to him , if he does not derive his power from god , and act by his authority and commission ; especially in such cases , when he opposes the government of god , and the interest of religion ; and oppresses not onely god's creatures , but his most faithful and obedient people , who are his peculiar care and charge ▪ in such cases as these , if princes do not receive their power from god , they are opposite and rival powers , and we can no more submit to them for god's sake , than we can submit to a rebel for the sake of , that is , out of duty and loyalty to our natural prince . and therefore when the apostle exhorts them , for god's sake to submit to their king , he plainly supposes , what st. paul did particularly express , that kings receive their power from god , and therefore are god's ministers , even when they abuse their power ; and he that resists , resists the ordinance and authority of god. . but suppose we should grant , that when st. peter calls kings the ordinance of man , he means , that they receive their power and authority from men ; yet i cannot see , what good this will do them : for he plainly disowns their consequence , that therefore princes are accountable to the people , as to their superiours , and may be resisted , deposed , and brought to condigne punishment , if they abuse this power ; as will appear from these two observations . . that he gives the king the title of supreme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , who is above them all , and is invested with the supreme and soveraign power . now the supreme power in the very notion of it , is irresistible and unaccountable ; for otherwise it is not supreme , but subject to some superiour jurisdiction ; which it is evidently known the roman emperours , of whom the apostle here speaks , were not . and . that he requires subjection to this humane ordinance , which , as appears from st. paul , signifies non resistance . so that though we should grant that the king derives his power from the people , yet it seems , god confirms and establishes the crown on his head , and will not suffer people to take it off again , when they please . . but after all , there is no colour for this objection from the apostles words : for this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : humane order or ordination , signifies nothing but humane authority , such power and authority as is exercised by men for the good government of humane societies . and the meaning is only this ; that out of reverence and obedience to god , from whom all power is derived , they should submit to that authority , which is exercised by men , whether to the supream power of soveraign princes , or that subordinate authority which he bestows on inferiour magistrates . . it is farther objected , that though st. peter does command christians to submit to kings and governours , yet it is with a limitation , as far as they govern well , while they exercise their authority in pursuance of the great ends of its institution ; for the punishment of evil doers , and for the praise of them that do well . and here st. peter agrees very well with st. paul , who assigns this as the reason , why they may be subject to the powers : for rulers are not a terrour to good works , but to the evil ; wilt thou then not be afraid of the power ? do that which is good , and thou shalt have praise of the same . for he is the minister of god to thee for good . but if thou do that which is evil , be afraid , for he beareth not the sword in vain : for he is the minister of god , an avenger to execute wrath upon him that doth evil , rom ▪ , . now we cannot be bound to obey and submit , any farther than the reason of our obedience reaches : and if the reason why we must obey princes , is , because they punish wickedness , and reward and encourage vertue , which is so great a blessing to humane societies , then we are not bound to obey them , when they do quite contrary ▪ when they encourage vice , and oppress the most exemplary innocence . now in answer to this , let us consider , . whether these great apostles intended to oblige the christians of that age to yield obedience to those powers ▪ which then governed the world . if they did , ( as i think no man will be so hardy as to say , that they did not ) then it will be proper to enquire , whether what they here affirm , and assign as the reason of their subjection , that rulers are not a terrour to good works , but to the evil , were true of the roman emperours and governours , or not . if it were true , then i believe it will hold true of all kings , in all ages of the world ; for there cannot well be greater tyrants than the roman emperors were at this time : and so this will prove an eternal reason , why we should be subject to princes , notwithstanding the many faults and miscarriages of their government . if it were not true , it is very strange , that two such great apostles , should use such an argument to perswade christians to submit to the powers , as only proved the quite contrary , that they ought not to be subject to the present powers , because they were unjust and tyrannical , and in contradiction to the original design and institution of civil power , were a terror to good works and not to the evil . the christians were at that time persecuted by iews and heathens , by all the powers of the world. the apostle exhorts them not to resist the powers , because they were not a terror to good works , but to the evil . if by this he only means , that they should be subject to them , while they encouraged vertue and vertuous men , but might rebel against them , when they did the contrary ; how could the christians of those days think themselves obliged by this to submit to the higher powers ? for this was not their case . they suffered for righteousness sake ; the powers were a terrour to them , though they were innocent , though they could not charge them , either with breaking the laws of god or men ; and therefore they were not bound to submit to them , whenever they could find it safe to resist . so that either these men put a false comment upon the text , or while the apostle undertakes to deter them from resistance , he urges such an argument as was proper only to perswade them to rebel . . we may also consider , that this interpretation of the words makes the apostles argument childish and ludicrous , and wholly useless to perswade any man to be subject , who needs perswasion . for i take it for granted , that there is no need to perswade any man , especially the good and vertuous , not to resist the powers , when he meets with the just rewards and encouragements of vertue . the usual pretence for seditions and treasons , is to redress publick grievances , to deliver themselves from a state of oppression and slavery ; but all mankind agree , that they ought to obey governours , who govern well ; and no man thinks it just or honourable to rebel , who has not , or cannot pretend some cause of complaint . the tryal of our obedience is , when we suffer injuriously for righteousness sake , when our rights and liberties are invaded , when we groan under such oppressions , as are enough to make a wise man mad , and to transport him to irregular and unjustifiable actions . this was the case of the primitive christians to whom the apostles wrote , and therefore we might reasonably expect , that he should urge such arguments to subjection , as should reach their case : but if these men be good expositors , the apostle says nothing to perswade any man to obedience to the powers , who finds the powers uneasie and troublesome to him ; and those who have nothing to complain of ▪ one would think , should need no arguments to perswade them to subjection to so easie and gentle a yoak . . nay , according to this interpretation of the doctrine of subjection , that we are bound only to be subject to those princes , who rule well , who punish wickedness and reward vertue ; this doctrine of subjection gives no security at all to the best governments in the world . the most factious and seditious spirits can desire no greater liberty , than this principle grants them . for no humane government can be so exact and perfect , but it may be guilty of great miscarriages . good men may suffer , and bad men may flourish under a vertuous prince , and therefore ill designing men can never want pretences to misrepresent the government , and to foment discontents and jealousies between prince and people . this unhappy nation has been a sad example of this , twice in one age , under two as just and merciful princes , as ever sate upon the english throne . when there were never fewer real grievances to be complained of , and never more loud and tragical complaints : and if subjects are not bound to obey any longer than all things please and gratifie their humors , it is a vain thing to name the doct●●●● of subjection ; which is of no use at all 〈◊〉 peace and security of humane 〈◊〉 . this is absolutely false , 〈◊〉 are bound to be subject to 〈◊〉 princes no longer than th● 〈…〉 , according to the measures 〈…〉 and righteousness . the apostle i am sure supposes the contrary , when he tells the christians , but and if ye suffer for righteousness sake , happy are ye ; and be not afraid of their terror , neither be troubled , pet. . . thus he commands servants to be subject to their masters with fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience towards god endure grief , suffering patiently . for what glory is it , if when ye be buffeted for your faults , ye take it patiently ? but if when ye do well and suffer for it , ye take it patiently , this is acceptable with god , chap. , , . and certainly there is as perfect a subjection due to a soverain prince as to a master , for he is more eminently the minister of god , and acts by a more sacred and inviolable authority . and that this does extend to our subjection to princes , appears from the example of christ , which the apostle there recommends to our imitation , who was the most innocent person in the world , and yet suffered the most barbarous usage , not from the hands of a private master , but of the supreme powers . and therefore when he commands in the same chapter to submit to governours , as to those who are for the punishment of evil doers , and the praise of them that do well , it is evident , that he did not intend this as a limitation of our subjection , as if we were not bound to be subject in other cases ; since in the very same chapter , he requires subjection not only to the good and gentle , but also to the froward , in imitation of the example of our lord , who suffered patiently under unjust and tyrannical powers . . i observe therefore , that the apostle does not alleadge this as the reason of our subjection , but as a motive or argument to reconcile us to the practice of it . the reason of our subjection to princes is , that they are advanced by god , that they are his ministers , that those who resist , resist the ordinance of god , and therefore we must submit for gods sake , out of reverence to his authority . but it is an encouragement to subjection , to consider the great advantages of government , that rulers are not a terrour to good works , but to the evil . but though this motive should fail in some instances , yet while the reason of subjection lasts , ( and that can never fail , while we own the soverain authority of god ) so long it is our dutie to be subject , whether our prince do his dutie or not . . but to examine more particularly the meaning of these words . when the apostle says , that rulers are not a terror to good works , but to the evil ; that they are for the punishment of evil doers , and the praise of them that do well ; i see no necessitie of expounding this of good and evil works in general , that all good and virtuous actions shall be rewarded by them , and all evil actions punish't ; for this is almost impossible in any humane government ; and there never was any government in the world , that appointed rewards for all virtuous actions , and punishments for all wicked ones . but these good and evil works seem to be confined to the matter in hand , to subjection and obedience , as a good and virtuous action . and so the apostle enforces this dutie of subjection , not onely from the authoritie of god , but from the power of princes : be subject to the higher powers ; for rulers are not a terrour to good works , but to the evil . we need not fear the powers , when we obey them , and submit ourselves to them ; but they will punish us if we rebel . the force of which argument is this : the best way to obtain safetie and protection under any government , is by being peaceable , quiet , and obedient ; such men generally escape under the greatest tyrants , for tyrants themselves do not use to insult over the peaceable and obedient : but if men be seditious and troublesome to government , then he beareth not the sword in vain , but is the minister of god , a revenger to execute wrath upon him that doeth evil , that is , upon all disobedience and rebellion ; for whatever wickedness escapes unpunish't , princes for their own securitie must not suffer disobedience and rebellion to escape . and that this is the meaning of it , appears from the next verse , where the apostle sums up the whole argument for subjection , which he reduces to conscience towards god , and fear of the secular powers : wherefore ye must needs be subject , not onely for wrath , but also for conscience sake . and that st. peter by well doing means subjection to princes , is very plain . for so is the will of god , that with well doing , ye should put to silence the ignorance of foolish men ; that is , by obedience and subjection to princes , which is the dutie he there exhorts them to . and therefore it is very probable that he means the same by well doing in the verse before , that governours are for the punishment of evil doers , and the praise of them that do well ; to punish the disobedient and rebellious , and to reward and protect those , who live in all quiet and peaceable subjection . and if this be the meaning of it , i think they can find no limitation here of our subjection to princes . . but let us suppose , that when the apostle says , that rulers are not a terror to good works , but to the evil , he understands by it in general , the great advantages of civil government , that is , for the suppression of wickedness , and incouragement of virtue , which is the true end and the best improvement of humane power ; this also is in a great measure true of the worst and most tyrannical princes , and therefore the argument for subjection is good even under a tyrant . publick justice was administred under the government of nero , and good men were rewarded , and bad men punish't : and though justice be not so equally and so universally administred under a bad prince , as under a good one ; though a tyrant may oppress many of his subjects , and be the occasion of great calamities , yet while there is any publick government maintained in the world , it lays great restraints upon the unruly lusts and passions of men , and gives great securitie to the just and innocent . and therefore good men are concerned to promote the peace and securitie of government , though the prince be a tyrant : for there is more justice to be had under a tyrant , than in a civil war. in ordinary cases it is very possible for good men to live easily and tolerably under a very bad prince ; & though it should be their lot to suffer , yet since the peace and quiet of humane societies is in it self so great a blessing , and the publick good is better consulted by the preservation of government , than by resistance , it becomes every good man rather to suffer patiently under a tyrant , than to shake and unsettle humane government , and disturb the natural course of justice by seditions and tumults . . nay let us suppose , that the apostle here speaks of such an equal administration of justice , as cannot be expected under the government of a tyrant ; yet so the argument holds good against resistance , though our prince be never so bad . and it lies thus : we must not resist the powers , because rulers are not a terrour to good works , but to the evil . this is the great blessing of humane government , to preserve justice and righteousness among men . for this reason god has intrusted the princes with the power of the sword , for the punishment of evil doers , and the praise of them that do well ; and therefore we must not resist him , because publick justice is so great a blessing to the world . but how does this follow , you will say , that we must not resist a tyrant , who is so far from administring justice , that he oppresses his subjects , because civil government and publick justice is so great a blessing ? what agreement is there between civil government , and publick justice and a tyrant ? why the consequence is very plain . civil government , which is for the administration of publick justice , is a great and inestimable blessing to the world : but now there can be no civil government without a supreme and irresistible power ; publick justice cannot be administred , unless there is some power from whence there is no appeal . it is not necessarie indeed , that the power should always be in the hands of one man ; but if god have placed this power in the hands of a prince , there it must be irresistible too , however he uses it : for if once it be made lawful to resist the supreme power , wherever it is plac't , you dissolve humane societies , or at least expose them to perpetual disorders and convulsions . factious and ambitious men will find pretences to resist good princes as well as the bad , and no government can be any longer secure , than while ill-designing men want power to resist . now then , to pass a true judgement of this matter , we must not onely consider , what present inconveniencies we may suffer from the irresistible power of a tyrant , but what an irreparable mischief it is for ever to unsettle the foundations of government . we must consider whether civil government be the greater blessing to mankind , or a tyrant the greater curse : whether it be more desirable to endure the insolence and injustice of a tyrant , when the power falls into such a hand ; or for ever to be deprived of the securitie of government , and the blessings of peace and order . and therefore there is great reason , why god should so severely forbid the resistance of princes , though tyrants ; and why we should quietly and contentedly submit to this divine appointment , because the resistance of the supreme power , were it once allowed by god , would weaken the authoritie of humane governments , and expose them to the rage and frenzie of ambitious and discontented statesmen , or wild enthusiasts . this i think is a sufficient answer to this pretence , that the apostle limits our subjection to princes to the regular exercise of their authoritie . . it is objected also from st. peters words , that the inferiour and subordinate magistrates receive their power from god also , as well as supreme and soveraign princes ; governours are sent by him , that is , say they , by god , for the punishment of evil doers , and the praise of them that do well ; and therefore though private men may not resist a soveraign prince , yet publick magistrates may , though they be not supreme ; for it is their dutie also to see wickedness punish't , and virtue rewarded ; and therefore it is part of their commission to give check to the soveraign power , and to defend subjects from the unjust violence and oppressions of their prince . and this the emperour trajan learn't from the common principles of justice and equitie , who delivered a sword to one of his officers with this charge , to use it for him , while he governed well , but against him if he governed ill . now in answer to this , we may consider , . that there is no foundation at all for this in the text , for this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or by him , cannot by any rules of grammar be referred to god , but to the king. submit to every ordinance of man for the lord's sake , whether to the king as supreme , or unto governours , as unto them who are sent by him . by him ? by whom ? by god ? that is not said , but by the king , for that is the next antecedent ; and that is the evident truth of the case . inferiour magistrates do not receive their power from god , but from the king , who having the soveraign power in himself , commits the exercise of some part of it to others , and taketh it away again , when he pleases . and the very phrase of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those who are sent by him , plainly refers it to those who were sent by the emperour into forreign countries , to govern the roman provinces ; such as pontius pilate and felix were : and so the meaning is , that they were not onely obliged to submit to the roman emperours , but to all those governours , whom they sent to rule the provinces under their jurisdiction ; which is no more than for a preacher to instruct the subjects of ireland , that they must not onely submit to the king , but to all those whom he sent to govern them , with the power and authoritie of deputies , or lord-lieutenants . . nay st. peter , as if he had foreseen this objection , takes particular care to prevent it , and therefore makes an apparent difference between that submission we owe to soveraign princes , and that which we owe to governours ; we must submit to the king as supreme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to him who is above all , whose power is unaccountable and irresistible ; but to governours , as unto them who are sent by him : which both signifies the reason of our submission to governours , and prescribes the bounds and measures of it . the reason why we must submit to governours , is because they are sent by our prince , they act by his authoritie , and therefore we must submit to , and reverence his authoritie in them . it is not for their own sakes , nor for any inherent authoritie in them , but as they receive their power from our prince . and this also determines the bounds and measures of our subjection to governours . as that authoritie , which they receive from the king , is the onely reason why we must submit to them at all : so we must submit no longer , than that authoritie lasts ; when ever the prince recalls them , and transfers this power to another , we must obey them no longer . nay , since we are only bound to reverence and obey the authoritie of our prince in them , we must never submit to them in opposition to our prince . our primarie obligation is to submit to the king , who is our soveraign-lord , and must in no cases be resisted ; our submission to governours and subordinate magistrates is onely a part and branch of our dutie to the king , as they are his officers and ministers : and therefor eit can never be our dutie to obey or comply with subordinate magistrates , but onely when it is an act of dutie and subjection to our prince ; and certainly it is no act of subjection to our prince to obey subordinate magistrates , when they rebel against their prince : for , to resist a prince , or to joyn with those who do resist him , is an odde kind of instance of our subjection to him . this is not to submit to the king as supreme , nor to governours , as unto those who are sent by him , and receive their authoritie from him ; but it is to submit to governours , as the supreme and soveraign iudges of our prince , and the patrons and protectors of the people against their prince ; which is directly contrarie to st. peter's doctrine . it was no new thing for the governours of remote provinces to revolt from the obedience of the roman emperours , and to usurp a soveraign and imperial authoritie to themselves ; and therefore st. peter expresses their dutie to governours with this caution and limitation , that though they must submit to those , whom the emperour sent to govern them , yet it must be in subordination to the imperial authoritie , and with a reserve of that more absolute subjection , which they owe to the emperour himself , who is their soveraign lord. while governours are subject to the emperour , who is their lord and master , we must be subject to them ; but if they rebel , we must be subject to the emperour still , and oppose those , whom we were before bound to obey . when st. peter so expresly commands them both to submit to the king , and to submit to governours , it is impossible he could consider the king and governous , as two distinct and rival authorities ; for then it might so happen , that they could not submit to both , if ever they should oppose each other : and therefore when he commands them to submit to both , he must suppose them to be both one , as the fountain and the stream is one . the authoritie to which they must submit is but one , it is originally in the king , as in its source and fountain , and it is derived and communicated to governours ; but is the same power still , which as necessarily depends upon the king , as light does upon the sun ; and therefore when these powers grow two , when this derivative and dependant power sets up for it self in opposition to that power which gave it its being , we are delivered from our subjection to it , because it ceases to be one with that soveraign power , to which we must be subject ▪ once more . st. peter commands the christians to submit to the king , and to governours , that is , to the king's ministers , who receive their authority from him to govern . but when such persons rebel against their prince who gave them authority , they cease to be the kings ministers and governours , and therefore cease to be such governours to whom the apostle commands submission . we are to obey them while they are the kings ministers and deputies ; but when they assume to themselves an independant power , we must submit to them no longer , but to our prince : we may and ought to obey our prince , and those magistrates whom he sets over us , but we cannot submit to our prince and to rebels ; and certainly when men become rebels , they are no longer the kings ministers , but his rivals . . it is a very ridiculous pretence also , which has no foundation in st. peter's words , that governours or subordinate magistrates have power to controul or resist their soverain prince . the apostle tells us , that the king is supreme ; but over whom is he supreme ? certainly over all in his dominions , or else he is not supreme ; and therefore he is supreme with respect to subordinate magistrates , as well as private subjects ; and then they have no more power or authority to resist , than any private subject has . for st. paul tells us , the higher power is irresistible ; which would be a strange paradox , if every little officer had authority to resist him . and yet if men will grant , that it is never lawful for any private man to resist his prince , it is not worth disputing , whether subordinate magistrates may or not ; for if private men must not resist , these inferiour magistrates cannot , or at least they will resist to no purpose . he may make them private men again when he pleases ; or however , he must be an unfortunate prince , whom all his own officers and ministers conspire against ; and he must be a very weak prince , who has not force and power to oppose them . for what does the discontent of the greatest ministers signifie , who can raise no forces to oppose their prince ? and yet there are no forces to be raised , if private men must not resist . when inferiour magistrates must submit , or rebel alone , ( as they must do , if private men must not rebel ) whatever authority they have to controul their prince , they will want force and power to do it . and yet it would be a lewd way of burlesquing this doctrine of non-resistance , to make no more of it than this , that when st. paul so severely threatens damnation against those who resist , his meaning is , that private subjects must not resist their prince , unless they have some discontented and factious magistrates to head them . but how should these subordinate governours come by this power to resist their prince ? they must either have it from god , or from their prince . not from god. for soverain princes receive their authority from god ; and if god have bestowed the supreme and soverain power on the prince , it is a contradiction to say , that he has advanced his own ministers and officers above him , which would be to place a superiour power over the supreme . nor is it reasonable to suppose , that inferiour magistrates receive such a power as this from their prince , though it is evident , they have no power , but what they receive from him . for notwithstanding trajan's complement , which he never intended should be made a law for himself , or other soverain princes ; no prince can give such power as this to a subject , without giving him his crown . he gives away his soverain power , when he gives any subject authority to resist ; he ceases to be a soverain prince , if he makes any man his superior : for he cannot give away soverain power , and yet keep it himself . and it would be a hard case with princes , had they as many judges and masters , as they have officers and ministers of state. indeed , no prince without parting with his crown , can grant such an extravagant power to any subject : for while he continues soverain , god has made it necessary to the greatest subjects to obey and submit . for as for trajan's saying to one of his commanders , when he delivered him the sword , use this for me if i govern well , and against me if i govern ill , it only signified his fixt resolution to govern well , and that he would imploy it in no ill services : but it conveyed no more power to him to rebel , if he should govern ill , than a father's saying to his son , that he should forgive his disobedience , if ever he would prove unkind , would justifie the disobedience of the son , if his father should prove unkind . the duties of these relations are fixt by god , and cannot be altered by men . a prince may divest himself of his kingdom , and royal power ; but while he continues soveraign , he cannot give liberty to any man to resist him . . there is another objection not only to invalidate st. peters authoritie , but to answer all the arguments that are produced from the doctrine and practice of christ and his apostles , to inforce this dutie of non-resistance and subjection to princes ; and that is , that these commands were onely temporarie , and obliged christians while they wanted force and power to resist , but do not oblige us , when we can resist and conquer too . i have sometimes thought , that this objection ought to be answered onely with indignation and abhorrence , as an open contempt of the authoritie of the scriptures , and blasphemie against the holy spirit , by which they were indited ; but it may be , it is better to answer and expose it , and let the world see , besides the notorious folly of it , how near a kin the doctrine of resistance is to atheism , infidelity , and blasphemy . . first then i observe , that this very objection supposes that the doctrine of the gospel is against resistance ; for those who evade the authoritie of the scriptures , by saying , that christians were then forbid to resist , because they wanted power to conquer , must grant , that resistance is forbid . which is a plain confession , that they are conscious to themselves , that all the arts they have us'd to make the scriptures speak their sence , and justifie the doctrine of resistance , will not do . and therefore when men are once reduced to this last refuge , to confess , that the scriptures are against them , if they have any modesty left , they ought never to pretend to the authority of the scriptures in this cause more . and this is a sufficient answer to all men , who have any reverence for the authority of the scriptures , that they cannot resist their prince without disobeying the plain and express laws of the gospel ; for he is a bold man , who will venture his eternal salvation , upon pleading his exemption from any express law. . i would desire all men who have any reverence left for the religion of our saviour , to consider seriously how this pretence does disparage and weaken the authority of the gospel , and make it a very imperfect , and a very uncertain rule of life , which every man may fit and accommodate to his own humour and inclinations . christ and his apostles do in the most express terms , and under the most severe penalties , forbid the resistance of soveraign princes . but say these men , this law does not oblige us now , though it did oblige the christians of those days ; for our circumstances are much changed and altered . the christians at that time were weak , and unable to resist , and therefore were taught to suffer patiently without resistance ; but thanks be to god , the case is not thus now ; and therefore we may vindicate our natural and religious rights and liberties against all unjust violence . now observe what follows from hence : . that the gospel of our saviour is a very imperfect and uncertain rule of life ; that it absolutely forbids things , which are not absolutely evil , but sometimes lawful , without allowing for such a difference : that it gives general laws , which oblige onely at certain times , or in some circumstances , without giving any notice in what cases they do not oblige ; which is a mightie snare to mens consciences , or a great injury to their christian libertie . it imposes this hard necessitie upon them , either to make bold with a divine law , if they do resist tyrannical powers , which is grievous to a tender conscience , which has any reverence for god ; or to suffer injuriously , when they need not , had they been plainly instructed in their dutie , and acquainted in what cases they might resist , and in what not . and i think , there cannot be a greater reproach to the gospel , than to make it such an imperfect and insnaring rule . . nay , this charges christ and his apostles with want of sinceritie in preaching the gospel ; for either they knew , that this doctrine of non-resistance did not oblige all christians , but onely those who are weak and unable to resist , or they did not . if we say they did not , we charge them with ignorance : if we say they did , with dishonestie : for if they knew , that all christians were not obliged to such an absolute subjection to princes , as in no case to resist , why did they conceal so important a truth , without giving the least intimation of it ? did they think this so scandalous a doctrine , that they were afraid or ashamed to publish it to the world ? and can any thing be a doctrine of the gospel , which is truly scandalous ? but was the doctrine of resistance more scandalous ▪ than the doctrine of the cross ? would this have offended princes , and make them more implacable enemies to christianitie ? but would it not also have made more converts ? would not a libertie to resist the powers , and defend themselves , been a better inducement to imbrace christianitie , than a necessitie of suffering the worst things for the name of christ ? would not this have contributed very much to the conversion of the whole iewish nation , who were fond of a temporal kingdom , had christianitie allowed them to cast off the roman yoke , and restored their ancient liberties ? how soon should we have seen the cross in their banners , and how gladly would they have fought under that victorious signe , under the conduct of so many wonder-working prophets ? and how soon would this have made the doctrine of non-resistance useless and out of date , by making christians powerful enough to resist ? so that there is no imaginable reason , why christ and his apostle should conceal this doctrine of the lawfulness of resisting persecuting and tyrannical powers , especially at that time , when if it had been lawful , there was as much use for it , and as great reason to preach it , as ever there was , or ever can be . and therefore we must either think very ill of our saviour and his apostles , or a knowledge , that this is no gospel-doctrine , never was , and never can be any part of the religion of the cross. there is no reason , why christ should at first plant christianity in the world by sufferings , if it might afterwards be maintained and propagated by glorious rebellions . . if this plea be allowed , it weakens the authoritie of all the laws of the gospel , and leaves men at libertie to dispence with themselves , when they see or fancie any reason for it . non-resistance is as absolutely commanded , as any other law of the gospel ; but these men imagine , without any other reason , but because they would have it so , that this law onely concerned christians in the weak and infant-state of the church , while they were unable to resist . now should other men take the same libertie with other laws ( and i know no reason but why they may ) how easie were it to expound christianitie out of the world ? meekness , patience , humilitie , selfdenial , contempt of the world , forgiving enemies , contentment in all conditions , are parts and branches of this suffering religion ; and may we not with as much reason say , that these duties were calculated for the afflicted and suffering state of the church , when the profession of christianitie was discouraged in the world , and exposed them to the loss of all things , and therefore made it impossible for them to enjoy those pleasures and advantages of life , which other men did ; but that they do not more oblige us than resistance , now the church is flourishing and prosperous ? and thus men may justifie their pride and ambition and covetousness , and may be as very idolaters of the riches and pleasures and honours of the world , as heathens themselves , when christianity became the religion of the empire : it did indeed make too great an alteration in the lives of christians . but according to this way of reasoning , it made as great an alteration in religion it self ; at this rate we ought to have two gospels , one for the afflicted , the other for the prosperous state of the church ; which differ as much as christianity and paganism in the great rules of life . but we are hard dealt with , that we have but one gospel , and that the suffering gospel ; and for my part , i dare not undertake to make another . so that this plea for resistance in opposition to the plain and express laws of the gospel , in the consequences of it , strikes at the very foundations of christianitie , and becomes the mouth of none but an atheist or an infidel . . this is a very absurd pretence ▪ that the apostle forbids the christians of those days to resist , onely because they were weak , and unable to resist . this is a great reproach to the apostle , as if he were of the temper of some men , who crouch and flatter , and pretend great loyaltie , when they are afraid to rebel , but are loyal no longer than they have an opportunitie to rebel . this is dissimulation and flatterie , and inconsistent with the open simplicitie of the apostolick spirit ; but it is very strange that the apostle should so severely forbid resistance , when he knew they could not resist . one would think common prudence should teach such men to be quiet and subject ; and therefore his zeal and vehemence would perswade one , that as weak as the christians were , yet in those days they could have resisted . nay , it is evident , that there were a sort of men who in those days called themselves christians , and yet did resist the powers ; such were the gnostick hereticks , who despised government , who were presumptuous and self-willed , and were not afraid to speak evil of dignities , . peter . . jude v. . for to reproach and vilifie government , is one degree of resistance ; and no men are so weak , but they may do that . nay , though christians had not power enough of their own to have rebelled against the roman government , yet they had opportunitie enough to joyn and conspire with those who had , and to have made good terms and conditions for themselves . they lived in a very factious age , when both jews and heathens were very apt to rebel , and could both have promoted and strengthned the faction , if they had pleased , and have grown very acceptable to them by doing so ; and though no man knows what the event of any rebellion will be ▪ till he tries , yet they might have escaped as well as other men . this the apostle knew , and this he was afraid of , and this he warns them against ; and that for such reasons , as plainly shew , that it was not a meer prudential advice he gives them , for that time , but a standing law of their religion . . for this doctrine of non-resistance is urged with such reasons and arguments , as are good in all ages of the church , as well when christians have power to resist and conquer , as when they have not . thus ( . ) st. paul inforces this dutie of subjection to the higher powers , because all powers are of god ; the powers that be are ordained of god ; and therefore he that resisteth the powers , resisteth the ordinance of god. now if they must obey the powers , because they are from god , subjection and non-resistance is as much our dutie , when we have power to resist , as when we have not ; and is as much our dutie at this day , as it was in the time of the apostle , if we believe , that god has as great a hand in setting up kings now , as he had then . . he threatens eternal damnation against those , who resist : he that resists shall receive unto himself damnation ; which supposes , that there is a moral evil in resistance , and therefore that non-resistance is an eternal and unchangeable law : which cannot be true , if it be lawful to resist , when we can resist to some purpose , when we can resist and conquer . it is foolish indeed to resist a prince , when we have not sufficient force to oppose against him ; but it would be a hard case , if a man should perish etenally , for doing an action , which is lawful in it self , but imprudently undertaken . these men had need look well to themselves , how lawful soever they think resistance to be , if every imprudent and unfortunate rebel must be damned . . st. paul addes , that we must needs be subject , not onely for wrath , but also for conscience sake ; that is , not onely out of fear of men , but out of conscience of our dutie to god. now if resistance were not in its nature sinful , it were a very prudential consideration , not to resist for fear of wrath , that is , for fear of being punish't by men , if we cannot conquer ; but there would be no conscience in the case , no sence of any dutie to god ▪ unless we think , that non-resistance is our duty , when we cannot conquer , and resistance when we can . . st. peter tells us , that this subjection to kings and governours is a good and vertuous action , and therefore he calls it well-doing : for so is the will of god , that with well-doing ye may put to silence the ignorance of foolish men ; that is , by submitting to kings and governours , as you have already heard . now the nature of vertue and vice cannot alter with the circumstances of our condition ; that which is good in one age , is so in another ; which shews , that subjection and non-resistance was not a temporary law , and meer matter of prudence , but an essential duty of christian religion . . for it appears by what he adds , that it was a great credit and reputation to christianity , that it made men quiet , peaceable , and governable ; by well-doing they put to silence the ignorance of foolish men ; by their peaceable and obedient behaviour to their governours , they sham'd those men , who ignorantly reproach't the christian religion . now hence there are two plain consequents : . that subjection to government is a thing of very good repute in the world , or else it could be no credit to christianity ; and this is a good argument that subjection to government is a great vertue , because all men speak well of it . it is a thing of good report , and therefore becomes christians , phil. . . it hence follows also , that subjection to government was a standing doctrine of the christian religion , because it was the will of god , that they should recommend christianity to the world by subjection to princes . but certainly god never intended they should put a cheat upon the world , and recommend christianity to them , by that , which is no part nor duty of christianity . this is abundantly sufficient to confute that vain pretence , that the doctrine of subjection and non-resistance obliged christians only , while they were unable to resist and defend themselves ; and this is enough to satisfie us , what the doctrine of the apostles was about subjection to princes . as for their examples , i think there was never any dispute about that . it is sufficiently known , that they suffered martyrdom , as a vast number of christians in that and some following ages did , without either reproaching their governours , or rebelling against them : and this they did , as they taught others to do , not meerly because they could not resist , but out of duty and reverence to god , who sets princes on thrones , and has given them a sacred and inviolable authority ; and in imitation of their great lord and master , who went as a lamb to the slaughter , and as a sheep before the shearer is dumb , so he opened not his mouth . chap. vi. an answer to the most popular objections against non-resistance . i proceed now to consider those objections , which are made against the doctrine of non-resistance ; though methinks after such plain and convincing proof , that non-resistance is the doctrine both of the old and new testament , though witty men may be able to start some objections , yet wise and good men should not regard them : for no objection is of any force , against a plain and express law of god. indeed , when we have no evidence for a thing but only natural reason , and the reason seems to be equally strong and cogent on both sides , it renders the matter very doubtful , on which side the truth lies : but when on one side there is a plain and express revelation of the will of god , and on the other side some shew and appearance of reason , i think there can be no dispute , which side we chuse ; unless any man think it doubtful , which is the most certain and infallible rule , scripture or meer natural reason . and therefore till men can answer that scripture-evidence , which i have produced , ( which i am not much concerned about , for i guess it will take them up some time to do it ) all their other objections , whether i could answer them or not , signifie nothing at all to me , and ought to signifie as little to any man , who reverences the scriptures . but let us consider their objections ▪ for they are not so formidable , that we need be afraid of them . now i know no body , but will acknowledge , that in most cases it is the duty of subjects not to resist their prince ; but they only pretend , that this is not their duty , when their prince oppresses and persecutes them contrary to law ▪ when their lives and liberties and properties and religion are all secured by the laws of the land , they see no reason why they should tamely suffer a prince to usurp upon them , why they should not defend themselves against all unjust and illegal violence ; and they urge several arguments to prove , that they may do so ; which may be reduced to these five . . that they are bound by no law to suffer against law. . that the prince has no authority against law. . that they have a natural right of self-defence against unjust violence . . that otherwise we destroy the distinction between an absolute and limited monarch ; between a prince whose will is his law , and a prince who is bound to govern by law ; which undermines the fundamental constitution of the english government . . that if resistance in no case be allowed , the mischiefs and inconveniencies to mankind may be intolerable . i suppose it will be acknowledged , that these five particulars do contain the whole strength of their cause ; and if i can give a fair answer to them , it must either make men loyal , or leave them without excuse . . they urge , that they are bound by no law to suffer against law. suppose , as a late author does , that a popish prince should persecute his protestant subjects in england for professing the protestant religion which is established by law ; by what law ( saies he ) must we die ? not by any law of god surely , for being of that religion , which he approves , and would have all the world to embrace , and to hold fast to the end . nor by the laws of our country , where protestancy is so far from being criminal , that it is death to desert it , and to turn papist . by what law then ? by none that i know of , saies our author : nor do i know of any ; and so far we are agreed . but then both the laws of god and of our countrie , command us not to resist : and if death , an illegal unjust death follow upon that , i cannot help it ; god and our countrie must answer for it . it is a wonderful discoverie , which this author has made , that when we suffer against law , we are condemned by no law to die● ; for if we were , we could not suffer against law : and it is as wonderful an argument he uses to prove , that we may resist , when we are persecuted against law , because we are condemned by no law to die ; which is supposed in the very question , and is neither more nor less , than to affirm the thing which he was to prove . we may resist a prince who persecutes against law , because we are condemned by no law , that is , because he persecutes against law. this proves indeed , that we ought not to die , when we are condemned by no law to die ; but whether we may preserve our selves from an unjust and violent death by resisting a persecuting prince ▪ is another question . . it is urged , that a prince has no authoritie against law ; there is no authority on earth above the law , much less against it . it is murder to put a man to death against law ; and if they knew who had authority to commit open , bare-faced , and downright murders , this would direct them where to pay their passive obedience ; but it would be the horridest stander in the world to say , that any such power is lodged in the prerogative , as to destroy men contrary to law. now i perfectly agree with them in this also , that a prince has no just and legal authoritie to act against law ▪ that if he knowingly persecure any subject to death contrary to law , he is a murderer , and that no prince has any such prerogative to commit open , bare-faced and downright murders . but what follows from hence ? does it hence follow , therefore we may resist and oppose them , if they do ? this i absolutely denie ; because god has expresly commanded us not to resist : and i see no inconsistencie between these two propositions , that a prince has no legal authoritie to persecute against law , and yet that he must not be resisted , when he does . both the laws of god , and the laws of our countrie , suppose these two to be very consistent . for notwithstanding the possibilitie , that princes may abuse their power , and transgress the laws , whereby they ought to govern ; yet they command subjects in no case to resist : and it is not sufficient to justifie resistance , if princes do , what they have no just authoritie to do , unless we have also a just authoritie to resist . he , who exceeds the just bounds of his authoritie , is lyable to be called to an account for it ; but he is accountable onely to those , who have a superior authoritie to call him to an account . no power whatever is accountable to an inferiour ; for this is a contradiction to the very notion of power , and destructive of all order and government . inferiour magistrates are on all hands acknowledged to be lyable to give an account of the abuse of their power ; but to whom must they give an account ? not to their inferiours ; not to the people , whom they are to govern , but to superiour magistrates , or to the soveraign prince , who governs all . thus the soveraign prince may exceed his authoritie , and is accountable for it to a superiour power ; but because he has no superiour power on earth , he cannot be resisted by his own subjects , but must be reserved to the judgement of god , who alone is the king of kings . to justifie our resistance of any power , there are two things to be proved . . that this power has exceeded its just authoritie . . that we have authoritie to resist . now these men indeed prove the first very well , that princes , who are to govern by law , exceed their legal authoritie when they persecute against law : but they say not one word of the second , that subjects have authoritie to resist their prince , who persecutes against law ; which was the onely thing , that needed proof : but this is a hard task , and therefore they thought it more adviseable to take it for granted , than to attempt to prove it . they say indeed , that an inauthoritative act , which carries no obligation at all , cannot oblige subjects to obedience . now this is manifestly true , if by obedience they mean an active obedience ; for i am not bound to do an ill thing , or an illegal action , because my prince commands me ; but if they mean passive obedience , it is as manifestly false ; for i am bound to obey , that is , not to resist my prince , when he offers the most unjust and illegal violence . nay , it is very false and absurd to say , that every illegal , is an inauthoritative act , which carries no obligation with it . this is contrarie to the practice of all humane iudicatures , and the daily experience of men , who suffer in their lives , bodies , or estates by an unjust and illegal sentence . every judgement contrarie to the true meaning of the law , is in that sence illegal ; and yet such illegal judgements have their authoritie and obligation , till they are rescinded by some higher authoritie . this is the true reason of appeals from inferiour to superiour courts , to rectifie illegal proceedings , and reverse illegal judgements ; which supposes that such illegal acts have authoritie , till they are made null and void by a higher power : and if the higher powers from whence lies no appeal , confirm and ratifie an unjust and illegal sentence , it carries so much authoritie and obligation with it , that the injured person has no redress , but must patiently submit ; and thus it must necessarily be , or there can be no end of disputes , nor any order and government in humane societies . and this is a plain demonstration , that though the law be the rule according to which princes ought to exercise their authoritie and power , yet the authoritie is not in laws ; but in persons ; for otherwise why is not a sentence pronounced according to law by a private person , of as much authoritie , as a sentence pronounced by a judge ? how does an illegal sentence pronounced by a judge , come to have any authoritie ? for a sentence contrarie to law , cannot have the authoritie of the law. why is a legal or illegal sentence reversible , and alterable , when pronounced by one judge , and irreversible and unalterable , when pronounced by another ? for the law is the same , and the sentence is the same , either according to law or against it , whoever the judge be ; but it seems the authoritie of the persons is not the same , and that makes the difference ; so that there is an authoritie in persons , in some sence distinct from the authoritie of laws , nay superiour to it . for there is such an authoritie , as , though it cannot make an illegal act legal , yet , can and often does make an illegal act binding and obligatorie to the subjects , when pronounced by a competent judge . if it be said , that this very authoritie is owing to the law , which appoints judges and magistrates to decide controversies , and orders appeals from inferiour to superiour courts : i would onely ask one short question , whether the law gives authoritie to any person to judge contrarie to law . if it does not , then all illegal acts are null and void , and lay no obligation on the subject : and yet this is manifestly false , according to the known practice of all the known governments in the world . the most illegal judgement is valid , till it be reverst by some superiour power ; and the judgement of the supreme power , though never so illegal , can be repealed by no authoritie but its own . and yet it is absurd to say , that the law gives any man authoritie to judge contrarie to law : for , to be sure , this is besides the end and intention of the law . whence then does an illegal act or judgement derive its authoritie and obligation ? the answer is plain , it is from the authoritie of the person , whose act or judgement it is . it will be of great use to this controversie , to make this plain and obvious to every understanding ; which therefore i shall endeavour to do , as briefly as may be . . then i observe , that there must be a personal power and authoritie antecedent to all civil laws . for there can be no laws without a law-maker , and there can be no law-maker , unless there be one or more persons invested with the power of government , of which making laws is one branch . for a law is nothing else , but the publick and declared will and command of the law-maker , whether he be the soveraign prince , or the people . . and hence it necessarily follows , that a soveraign prince does not receive his authoritie from the laws , but laws receive their authoritie from him . we are often indeed minded of what bracton saies , lex facit regem , that the law makes the king ; by which that great lawyer was far enough from understanding , that the king receives his soveraign power from the law ; for the law has no authoritie , nor can give any , but what it receives from the king ; and then it is a wonderful riddle , how the king should receive his authoritie from the law . but when he saies ▪ the law makes the king , he distinguishes a king from a tyrant , and his meaning is , that to govern by laws , makes a soveraign prince a king , as king signifies a just and equal and beneficial power and authoritie ; as appears from the reason he gives for it , non est enim rex , ubi dominatur voluntas , & non lex ; he is no king , who governs by arbitrarie will , and not by law : not that he is no soveraign prince , but he is a tyrant and not a king. . and hence it evidently follows , that the being of soveraign power is independent on laws ; that is , as a soveraign prince does not receive his power from the law , so , should he violate the laws by which he is bound to govern , yet he does not forfeit his power . he breaks his faith to god and to his countrie , but he is a soveraign prince still . and this is in effect acknowledged by these men , who so freely confess , that let a prince be what he will , though he trample upon all laws , and exercise an arbitrarie and illegal authoritie , yet his person is sacred and inviolable , and irresistible ; he must not be touch'd nor opposed . and allow that saying of david to be scripture still , who can stretch forth his hand against the lord 's anointed , and be guiltless ? now what is it , that makes the person of a king more inviolable and unaccountable than other men ? nothing , that i know of , but his sacred and inviolable authoritie : and therefore it seems , though he act against law , yet he is a soveraign prince , and the lord ▪ s anointed still ; or else i see no reason , why they might not destroy his person also . and yet if nothing but an inviolable and unaccountable authoritie can make the person of the king inviolable and unaccountable , i would gladly know , how it becomes lawful to resist his authoritie , and unlawful to resist his person . i would desire these men to tell me , whether a soveraign prince signifies the natural person , or the authoritie of a king ; and if to divest him of his authoritie , be to kill the king , why they may not kill the man too , when they have killed the king. thus when men are forc't to mince treason and rebellion , they always speak nonsense . those indeed who resist the authoritie of their prince , but spare his person , do better than those , who kill him ; but those who affirm , that his person is as resistible and accountable as his authoritie , speak more consistently with themselves , and the principles of rebellion . . and hence i suppose , it plainly appears , that every illegal act the king does , is not an inauthoritative act , but laies an obligation on subjects to yeild , if not an active , yet a passive obedience . for the king receives not his soveraign authoritie from the law , nor does he forfeit his authoritie by breaking the law ; and therefore he is a soveraign prince still ; and his most illegal acts , though they have not the authoritie of the law , yet they have the authoritie of soveraign power , which is irresistible and unaccountable . in a word , it does not become any man who can think three consequences off , to talk of the authoritie of laws in derogation to the authoritie of the soveraign power . the soveraign power made the laws , and can repeal them and dispence with them , and make new laws ; the onely power and authoritie of the laws is in the power , which can make and execute laws . soveraign power is inseparable from the person of a soveraign prince : and though the exercise of it may be regulated by laws , and that prince does very ill , who having consented to such a regulation , breaks the laws ; yet when he acts contrarie to law , such acts carrie soveraign and irresistible authoritie with them , while he continues a soveraign prince . but if it be possible to convince all men how vain this pretence of laws is , to justifie resistance or rebellion against a prince , who persecutes without or against law , i shall only ask two plain questions . . whether the laws of god and nature be not as sacred and inviolable as the laws of our country ? if they be , ( and methinks no man should dare say that they are not ) why may we not as well resist a prince , who persecutes us against the laws of god and nature , as one , who persecutes against the laws of our countrey ? is not the prince as much bound to observe the laws of god and nature , as the laws of his country ? if so , then their distinction between suffering with and against law signifies nothing . for all men , who suffer for well-doing , suffer against law ▪ for by the laws of god , and the natural ends of humane government , such men ought to be rewarded , and not punisht . nay , they suffer contrarie to those laws , which commanded them to do that good , for which they suffer . thus the christians suffered under pagan emperors , for worshipping one supreme god , and refusing to worship the numerous gods of the heathens ; and therefore , according to these principles , might have justified a rebellion against those unjust and persecuting powers ; but the apostles would not allow this to be a just cause of resistance , as i have already shewn you ; and yet i confess i am to seek for the reason of this difference , why we may not resist a prince , who persecutes against the laws of god , as well as him , who persecutes against the laws of england . . my other question is this , whether a prince have any more authority to make wicked and persecuting laws , than to persecute without law ? these men tell us , that if paganism or popery were established by law , they were bound to suffer patiently for their religion , without resistance ; but since christianity and protestancy is the religion of the nation , they are not bound to suffer , but may defend themselves , when they are condemned by no law. but if we examine this throughly , it is a very weak and trifling cavil . for what authoritie has a wicked and persecuting law ? and who gave it this authoritie ? what authoritie has any prince to make laws against the laws of god ? if he have no authoritie , then it is no law ; and then to make a wicked law to persecute good men , is the same thing , as to persecute without law , nay as to persecute against law. the pretence for resistance is , when the prince persecutes without authority . now i say , a prince has no more authoritie to make wicked persecuting laws , than to persecute without law. should a popish prince procure all our good laws for the protestant religion to be repealed , and establish popery by law , and make it death not to be a papist , he would have no more real authoritie to do this , than to persecute protestants without repealing the laws . a soverain and unaccountable power will justifie both , so as to make resistance unlawful ; but if it cannot justifie both , it can justifie neither . for a prince has no more authoritie to make a bad law , than to break a good one ; so that this principle will lead them a great deal farther than they pretend to ; and let the laws of the land be what they will , in time they may come to think it a just reason for rebellion , to pull down antichrist , and to set up christ iesus upon this throne . this i hope is a sufficient answer to the two first objections , that we are bound by no law to suffer against law ; and that the prince has no authoritie against law. . the next objection is , that they have a natural right of self-preservation and self-defence against unjust and illegal violence . this very pretence was made great use of to wheadle people into this late conspiracie . those who were employed to prepare and dispose men for rebellion , askt them , whether they would not defend themselves , if any man came to cut their throats : this they readily said they would : when they had gained this point , they askt them , whether they did not value their liberties , as much as their lives ; and whether they would not defend them also . and thus they might have proceeded to any part of their liberties , if they had pleased ; for they have the same right to any part , as to the whole , and thus self-defence would at last reach to the smallest occasion of discontent or jealousie , or dislike of publick government . now in answer to this , i readily grant , that every man has a natural right to preserve and defend his life by all lawful means ; but we must not think every thing lawful , which we have strength and power and opportunity to do ; and therefore to give a full answer to this plea , let us consider , . that self-defence was never allowed by god or nature against publick authority , but only against private violence . there was a time , when fathers had the power of life and death over their own children ; now i would only ask these men , whether if a son at that time saw his father coming to kill him , and that as he thought very unjustly , he might kill his father to defend himself . this never was allowed by the most barbarous nations in the world ; and yet it may be justified by this principle of self-defence , as it is urged by those men ; which is a plain argument that it is false . it is an express law , that he that smiteth his father or his mother shall be surely put to death , exod. . and yet then the power of parents was restrained by publick laws . and the authoritie of a prince is not less sacred than of a parent ; he 's god's minister and vicegerent , and subjects are expresly forbid to resist ; and it is a vain thing to pretend a natural right against the express law of god. . for the sole power of the sword is in the king's hands , and therefore no private man can take the sword in his own defence but by the king's authoritie , and certainly he cannot be presumed to give any man authoritie to use the sword against himself . and therefore as christ tells peter , he that takes the sword shall perish by the sword ; he who draws the sword against the lawful powers , deserves to die by it . . we may consider also , that it is an external law , that private defence must give place to the publick good . now he that takes arms to defend his own life and some few others , involves a whole nation in blood and confusion , and occasions the miserable slaughter of more men , than a long succession of tyrants could destroy . such men sacrifice many thousand lives , both of friends and enemies , the happiness and prosperity of many thousand families , the publick peace and tranquillity of the nation , to a private self-defence ; and if this be the law of nature , we may well call nature a step-mother , that has armed us to our own ruine and confusion . . and therefore we may farther observe , that non-resistance and subjection to government , is the best way for every mans private defence . our atheistical politicians , who know no other law of nature , but self-defence , make this the original of humane societies ; that it is a voluntarie combination for self-defence . for this reason they set up princes and rulers over them , and put the power of the sword into their hands , that they may administer justice , and defend their subjects from publick and private violence : and they are certainly so far in the right , that publick government is the best securitie not onely of the publick peace , but of every mans private interest ; nay it is so , though our prince be a tyrant , as i have already shewn you , that no government can be secure without an irresistible and unaccountable power . so that the natural right of self-defence is so far from justifying rebellion against princes , that it absolutely condemns it , as destructive of the best and most effectual means to preserve ourselves : for though by non-resistance a man may expose his life to the furie of a tyrant , so he may loose his life in any other way of defence ; but publick government is the best and surest defence , and therefore to resist publick government , is to destroy the best means of self-defence . . however , this principle of self-defence , to be sure , cannot justifie a rebellion , when men do not suffer any actual violence ; and therefore those men who were drawn into this late conspiracie , when they saw no bodie attempt cutting their throats , when they saw none of their liberties invaded , were so well prepared to be rebels , that they needed no arguments to perswade them to it . . the next objection against the doctrine of non-resistance is this , that it destroys the difference between an absolute and limited monarchy , between a prince whose will is his law , and a prince , who is bound to govern by law ; which undermines the foundamental constitution of the english government . if this were true , i confess , it were a very hard case for the ministers of the church of england , who must either preach up resistance , contrarie to the laws of the gospel , and the sence and practice of the christian church in all ages , or must preach up non ▪ resistance , to the destruction of the government under which they live ; but thanks be to god , this is not true . for the difference between an absolute and limited monarchy , is not , that resistance is unlawful in one case , and lawful in another ▪ for a monarch , the exercise of whose power is limited and regulated by laws , is as irresistible , as the most absolute monarch , whose will is his law ; and if he were not , i would venture to say , that the most absolute and despotick government , is more for the publick good , than a limited monarchy . but the difference lies in this , that an absolute monarch is under the government of no law , but his own will ; he can make and repeal laws at his pleasure , without asking the consent of any of his subjects ; he can impose what taxes he pleases , and is not tied up to strict rules and formalities of law ▪ in the execution of justice ; but it is quite contrarie in a limited monarchy , where the excercise of soveraign power is regulated by known and standing laws , which the prince can neither make nor repeal without the consent of the people . no man can loose his life or estate without a legal process and tryal ; no monies can be levyed , nor any taxes imposed on the subject , but by authority of parliament ; which makes the case of subjects differ very much from those , who live under an arbitrary prince . no , you will say , the case is just the same : for what do laws signifie , when a prince must not be resisted , though he break these laws , and govern by an arbitrarie and lawless will ? he may make himself as absolute , as the great turk or the mogul , whenever he pleases ; for what should hinder him , when all men's hands are tied by this doctrine of non-resistance ? now it must be acknowledged , that there is a possibilitie for such a prince to govern arbitrarily , and to trample upon all laws ; and yet the difference between an absolute and limited monarchy is vastly great . . for this prince , though he may make his will a law to himself , and the onely rule of his government , yet he cannot make it the law of the land ; he may break laws , but he can neither make nor repeal them ; and therefore he can never alter the frame and constitution of the government , though he may at present interrupt the regular administration of it : and this is a great securitie to posteritie , and a present restraint upon himself . . for it is a mightie uneasie thing to any prince , to govern contrarie to known laws . he offers as great and constant violence to himself , as he does to his subjects . he cannot raise mony , nor impose any taxes without the consent of his subjects , nor take away any man's life without a legal tryal ( which an absolute prince may do ) but he is guiltie of rapine and murder , and feels the same rebukes in his own mind , for such illegal actions , though his impositions be but reasonable and moderate , and he put no man to death , but who very well deserves it , that an absolute tyrant does for the most barbarous oppressions and cruelties . the breach of his oath to god , and his promises and engagements to his subjects , makes the excercise of such an arbitrarie power very troublesome : and though his subjects are bound not to resist , yet his own guilty fears will not suffer him to be secure : and arbitrarie power is not so luscious a thing , as to tempt men to forfeit all the ease and pleasure , and securitie of government , for the sake of it . . though subjects must not resist such a prince , who violates the laws of his kingdom ▪ yet they are not bound to obey him , nor to serve him in his usurpations . subjects are bound to obey an absolute monarch , and to serve his will in lawful things , though they be hard and grievous ; but in a limited monarchy , which is governed by laws , subjects are bound to yeild an active obedience onely according to law , though they are bound not to resist , when they suffer against law. now it is a mighty uneasy thing to the greatest tyrant , to govern always by force ; and no prince in a limited monarchy can make himself absolute , unless his own subjects assist him to do so . . and yet it is very dangerous for any subject to serve his prince contrary to law. though the prince himself is unaccountable and irresistible , yet his ministers may be called to an account , and be punish't for it ; and the prince may think fit to look on quietly , and see it done : or if they escape at present , yet it may be time enough to suffer for it under the next prince ; which we see by experience makes all mon wary how they serve their prince against law. none but persons of desperate fortunes will do this bare-fac't ; and those are not always to be met with , and as seldom fit to be employ'd . . and therefore we may observe , that by the fundamental laws of our government , as the prince must govern by law , so he is irresistible : which shews , that our wise law-makers did not think , that non-resistance was destructive of a limited monarchy . . and in this long succession of princes in this kingdom , there has been no prince that has cast off the authority of laws , or usurpt an absolute and arbitrary power : which shews how vain those fears are , which disturb the fancies and imaginations of rebels , if they be not pretended onely to disturb the publick peace . . non-resistance is certainly the best way to prevent the change of a limited into an absolute monarchy . the laws of england have made such an admirable provision for the honour and prosperous government of the prince , and the security of the subject , that the kings of england have as little temptation to desire to be absolute , while their subjects are obedient and governable , as their subjects have , that they should be so . and if ever our kings attempt to make themselves absolute ( which thanks be to god , we have no prospect of yet ) it will be owing to the factious and traiterous dispositions of subjects . when subjects once learn the trade of murdering princes , and rebelling against them , it is time then for princes to look to themselves ; and if ever our posterity should suffer under so unhappy a change of government , they will have reason for ever to curse the fanatick rage and fury of this age ; and the best way to remove that scandal , which has been already given to princes , is by a publick profession and practice of this great gospel-duty of non-resistance . . the last objection against non-resistance is this , that if resistance in no case be allowed , the mischiefs and inconveniences to mankind may be intolerable . to which i shall briefly return these following answers . . that bare possibilities are no argument against any thing . for that which may be , may not be ; and there is nothing in this world , how good or useful or necessary soever it be in its self , but may possibly be attended with very great inconveniences ; and if we must reject that which is good and useful in it self , for the sake of some possible inconveniences , which may attend it , we must condemn the very best things . modesty and humility , justice , and temperance , are great and excellent vertues ; and yet we may live in such an age , when these vertues shall beggar a man , and expose him to contempt . mercy and clemency is a noble quality in a prince , and yet it is possible , that the clemency of a prince may ruine him , and he may spare traitors lives , till they take away his . marriage is a divine institution , which contributes as much to the happiness and comfort of humane life , as any one thing in this world ; and yet it may be you cannot name any thing neither , which many times proves so great a plague and curse to mankind . thus non-resistance is a great and excellent duty , and absolutely necessary to the peace and order and good government of the world ; but yet a bad prince may take the advantage of it , to do a great deal of mischief . and what follows from hence ? that non-resistance is no duty , because it may possibly be attended with evil consequences ? then you can hardly name any thing , which is our duty ; for the most excellent vertues may at one time or other expose us to very great inconveniences ; but when they do so , we must not deny them to be our duty , because we shall suffer by it ; but must bear our sufferings patiently , and expect our reward from god. and yet that there is not so much danger in non-resistance , as these men would perswade the world , i hope appears from my answers to the last objection . . when we talk of inconveniences , we must weigh the inconveniences on both sides , and consider which are greatest . we may suffer great inconveniences by non-resistance , when our prince happens to prove a tyrant ; but shall we suffer fewer inconveniences were it lawful for subjects to resist ? which is the greatest and most merciless tyrant ? an arbitrary and lawless prince , or a civil war ? which will destroy most mens lives ? a nero or dioclesian , or a pitcht battel ? who will devour most estates ? a covetous and rapacious prince , or an insolent army , and hungry rabble ? which is the greatest oppression of the subject ? some illegal taxes , or plunderings , decimations , and sequestrations ? who are most likely to abuse their power ? the prince , or the people ? which is most probable , that a prince should oppress his dutiful and obedient subjects , or that some factious and designing men should misrepresent the government of their prince , and that the giddy multitude should believe them ? who is most likely to make a change and alteration in government ? an hereditary prince , or the people , who are fond of innovations ? while soverain and irresistible power is in the hands of the prince , it is possible we may sometimes have a good one , and then we shall find no inconvenience in the doctrine of non-resistance . nay , it is possible , we may have a great many good princes , for one bad one ; for monsters are not so common , as more natural productions : so that the inconveniences we may suffer by this doctrine will but seldom happen ; but had the people power to resist , it is almost impossible , that publick government should ever be quiet and secure for half an age together : they are as unstable as the seas , and as easily moved with every breath , and as outragious and tempestuous too . these are not some guesses and probabilities , but demonstrations in this unhappy age , wherein we have seen all these things acted . the conclusion , containing a short dissuasive from resistance and rebellion . having thus largely proved that subjection and non-resistance is a necessary duty , which subjects owe to soverain princes , and answered all those objections which are made against it ; the result of all is , to perswade subjects to the practise of it . and st. paul urges two very powerful arguments to perswade us to it , rom. . . that the powers are of god , and he that resisteth the powers , resisteth the ordinance of god. and certainly he is no christian who disputes obedience to the divine ordinance and constitution . a prince is the image , the vice-gerent of god , and therefore princes are called gods in scripture , and be he what he will , a good or a bad prince , while god thinks fit to advance him to the throne , it becomes us to submit and reverence the divine authority . will you lift up your hand against god ? will you cast off his authority and government too ? does not he know how to rule us ? how to chuse a prince for us ? the greatest rebel would blush to say this in so many words , and yet this is the language of rebellion . men dislike their prince , that is , that governour , whom god sets over them : they rebel against their prince , they depose him , they murder him ; that is , they disown the authority of god , they deface and destroy his image , and offer scorn and contempt to his vice gerent . earthly princes look upon every affront and disgrace done to their ministers and lieutenants , to be a contempt of their own authority ; and so does god too : he who pulls down a prince , denies gods authority to set him up , and affronts his wisdom in chusing him . . and therefore such men must not expect to escape a deserved punishment , they shall receive to themselves damnation . now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may either signifie the punishment of rebellion in this world , or in the next ; and here it signifies both . . they shall be punisht in this world . and whoever consults ancient and modern histories , will find , that rebels very seldom escape punishment in this world . how often does god defeat all their counsels , discover their secret plots and conspiracies ! and if they be prosperous for a while , yet vengeance overtakes them ; if they escape punishment from men , they are punisht by some such remarkable providence , as bears the characters of a divine justice in it . . however , such men shall not escape the punishments of the other world ; and if you believe there is a hell for rebels and traitors , the punishment of resistance is infinitely greater than all the mischiefs which can befal you in subjection to princes , and a patient suffering for well doing . what shall it profit a man , though he should gain the whole world , which is something more than a single crown and kingdom , and loose his own soul ? though an universal empire were the reward of rebellion , such a glorious traitor , who parts with his soul for it , would have no great reason to boast much of his purchase . let us then reverence the divine judgments , let us patiently submit to our king , though he should persecute and oppress us ; and expect our protection here from the divine providence , and our reward in heaven ; which is the same encouragement to non-resistance , which we have to the practise of any other vertue . were the advantages and disadvantages of resistance and non-resistance in this world fairly estimated , it were much more eligible to submit , than to rebel against our prince ; but there can be no comparison between these two , when we take the other world into the account . the last judgment weighs down all other considerations ; and certainly rebellion may well be said to be as the sin of witchcraft , when it so inchants men , that they are resolved to be rebels , though they be damned for it . the end . books printed for fincham gardiner . . a perswasive to communion with the church of england . . a resolution of some cases of conscience which respect church-communion . . the case of indifferent things used in the worship of god , proposed and stated , by considering these questions , &c. . a discourse about edification . . the resolution of this case of conscience , whether the church of englands symbolizing so far as it doth with the church of rome , makes it unlawful to hold communion with the church of england ? . a letter to anonymus , in answer to his three letters to dr. sherlock about church-communion . . certain cases of conscience resolved , concerning the lawfulness of joyning with forms of prayer in publick worship . in two parts . . the case of mixt communion : whether it be lawful to separate from a church upon the account of promiscuous congregations and mixt communions ? . an answer to the dissenters objections against the common prayers , and some other parts of divine service prescribed in the liturgy of the church of england . . the case of kneeling at the holy sacrament stated and resolved , &c. in two parts . . a discourse of profiting by sermons , and of going to hear where men think they can profit most . . a serious exhortation , with some important advices , relating to the late cases about conformity , recommended to the present dissenters from the church of england . . an argument for union ; taken from the true interest of those dissenters in england who profess and call themselves protestants . . some considerations about the case of scandal , or giving offence to weak brethren . . the case of infant-baptism ; in five questions , &c. . the charge of scandal , and giving offence by conformity , refelled , and reflected back upon separation , &c. . a discourse about the charge of novelty upon the reformed church of england , made by the papists asking of us the question , where was our religion before luther ? . a discourse about tradition , shewing what is meant by it , and what tradition is to be received , and what tradition is to be rejected . . the difference of the case between the separation of protestants from the church of rome , and the separation of dissenters from the church of england . . the protestant resolution of faith , &c. some seasonable reflections on the discovery of the late plot , being a sermon preached on that occasion , by w. sherlock , d. d. rector of st. george buttolph-lane , london . king david's deliverance : or , the conspiracy of absolon and achitophel defeated , in a sermon preached on the day of thanksgiving appointed for the discovery of the late fanatical plot. by thomas long , b. d. one of the prebendaries of exon. notes, typically marginal, from the original text notes for div a -e milton pro pop. angl. defensio . p. . notes for div a -e iulian the apostate . iulian apostate the scriptures plea for magistrates vvherein is shewed the unlawfulnesse of resisting the lawfull magistrate, under colour of religion. hammond, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the scriptures plea for magistrates vvherein is shewed the unlawfulnesse of resisting the lawfull magistrate, under colour of religion. hammond, henry, - . [ ], p. printed by leonard lichfield, oxford [oxfordshire] : . a reissue, with cancel t.p., of his of resisting the lawfull magistrate upon colour of religion, london, . reproduction of original in huntington library. eng zealots (jewish party) government, resistance to. church and state. christian life. a r (wing h a). civilwar no the scriptures plea for magistrates. vvherein is shewed the unlawfulnesse of resisting the lawfull magistrate, under colour of religion. hammond, henry f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the scriptvres plea for magistrates . vvherein is shewed the unlawfulnesse of resisting the lawfull magistrate , under colour of religion . rom. . . whosoever therefore resisteth the power , resisteth the ordinance of god : and they that resist , shall receive to themselves damnation . oxford , printed by leonard lichfield , . of resisting the lawfull magistrate upon colour of religion . in this proposall of the point for debate , there are onely two words will need an account to be given of them : . what is meant by resisting . . why the word colour is put in . for the first , resisting , here signifies violent , forcible , offensive resistance , fighting against , as hesychius the best scripture-glossary explaines it , ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} all one , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) and the apostle in like manner , rom. . . using {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} promiscuously for the same , and so in other places , although it is true , it is used sometimes in a wider sence . but that will not here be materiall , when we here set downe before-hand what we meane by it . for the second , the word [ colour ] is in the title added , onely for this reason , ( not to prejudge the religion , which is fought for , to be onely a colour , but ) because it is possible for a man to fight for religion , and yet not upon colour of religion , to wit , in case the religion for which he fights be establisht by the law of the land , for then his colour for fighting may be the preservation of law , which the magistrate is bound by oath to maintaine , and though he fight for religion , yet it is under that other colour : whereas he that fights upon colour of religion making that his onely pretence of fighting , is ipso facto supposed to fight for a religion distant or contrary to that which is established by law , and so all pretence or colour of law excluded , yea , and all supposition of failing in the magistrate , he standing for the law present , not against it ; which i desire may be the setting of the case , to exclude the fallacy , plurium interrogationum , and to distinguish the quarrell of religion from that other of law , and so to meddle at this time onely with that which is fully within the divines spheare , and leave the other to some body else . those two termes being thus explained , and so the state of the question set , the lawfull magistrate , and the establisht law of the kingdome on one side , and some person or persons inferiour to him , upon colour of religion , i. for some religion not yet established by law , on t'other side , that it should be lawfull to them to take up armes againsts him would seem not very reasonable , if he were but a private man , abstracted from regall power , ( which ●ure doth not make it more lawfull to resist him then any body else ) having broken no established law ( as is supposed in the case ) for what legall accusation can lie against him in a point wherein he hath not broken the law ? but then this will be more unreasonable , if moreover it be considered , that colour of religion is so wide and unlimited a thing , that no man , that is never so much in the wrong in any opinion , but thinkes himselfe in the right ( for otherwise he would not continue in that error ) and so that colour will be plea equally good to all sorts of errours as well as truths : and besides , he that hath not so much religion as to be in an errour , may yet have so much wit as to make use of that apology for his sedition , ( to wit , colour of religion ) and plead it as legally as the most zealous professor ▪ and consequently , if that will serve turne , who ever shall but pretend to beleeve contrary to the religion established in any kingdome , shall be ipso facto absolved from all bend of allegiance in f●ro humano , and if he will adventure the hazzard of the judgement to come , shall have no restrain layd on him by any earthly tribunall ; and so by this meanes already the grounds of the dissolution of any government are laid by this one unpoliticke principle , and the world given up to be ruled onely by the religion ( which is in effect , the will ) of every man ; whereas before , there was a peace as well as a church , policy as well as religion , ● power in the magistrates hand , besides that in every mans owne breft or conscience ; and yet more particularly , a restraint for hypocrites as well as any else , ● for pretenders of religion , who , if this ground would hold , were left unlimited . where if it be interposed that such an one that thus falliciously pretends religion , though by this disgu●se he escape here , yet shall surely pay for it hereafter ; and that that is sufficient , because there is no other court , but of that searcher of hearts , to which the hypocrite can be bound over : i answer , that although that be true , yet is it not sufficient , because , although there be a judgement to come for all crimes , yet it is no withstanding thought necessary to have present iudicatures also , not to leave all offenders to terrors at such a distance , and indeed for the continuance of the peace of communities to provide some violent restraint at the present for those whom those greater but future determents cannot sufficiently worke on . this every man knowes is the originall of humane lawes , yea , and of dominion it selfe , a provision that all men will not doe their duties for love or feare of god , ( it is apparent , the jewes would not under their {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) and therefore for good mens sakes , and for peace sake , and for the maintaining of communities , those superadditions have beene thought necessary , as some thornes in the hedge of gods law , that may pierce the hands and sides of him that shall attempt to breake over or thorough it . from whence the conclusion will be evident , that the rules for the preserving of government must be such as shall have force to restraine the atheist or the hypocrite as well as the good christian ( which sure will lesse need those restraints ) or else they are utterly unsufficient to the attaining of their end , i. to the preserving of government , peace , community , or protecting any that lives under it : which being supposed , it will also follow , that nothing must be indulged upon any colour of religion , ( be his religion never so true , and himselfe never so sincere in it ; ) which will open this gap or outlet to others , that may make the ●ll use of it . for this will be utterly destructive of the end of government ( which is , that we may lead a peaceable and quiet life , tim. . . ) yea , and of government it selfe . this argument being thus prosecuted and cleared , might be sufficient to determine this whole businesse , were it not for one rejoynder which is ordinarily made , the force of which is taken from that supreame care that every man ought to have of his owne soule , and consequently of the maintaining of his religion on which ( to abstract from all possible disputes concerning the particular truth of it , he being perhaps not acute or artist enough to uphold it against all objecters ) he is fully convinc't , the health and salvation of that wholly depends . for the maintaining of which against all the humane power in the world , if he may not take up armes or doe any thing , he cannot see what can be fit for him to fight for , ( nothing sure being more precious then that ; ) or consequently , why he may not take up that opinion of the beyond sea-anabaptists , that it is not lawfull to fight at all , which if it should be yeelded to , although for the present it would produce peace , yet it would be little for the advantage of magistrates in the issue . to this i shall answer , by concession of these foure things : . that religion is to be every mans supreame care , the prime jewell in his cabinet . . that it cannot , at least in humane consideration , be expected that any man should be lesse carefull of his false religion ( if he be really perswaded of the truth of it ) then any other is of the true . nay . that if he do not use any lawfull meanes to defend that false ( whilst he is convinc't it is the true ) religion ; this is a sinne of lukewarmnesse in him , though indeed through prepossession not to open his eyes to greater light and revelation of the truth offered to him , and perhaps thorough slugglishnesse not to seeke that light , be yet a farre greater sinne in him . for though no man ought to defend the contrary to what he takes to be truth , yet ought he to be most ready to deposit his errour , not onely when it doth , but also when it may appeare to him to be so , and to seeke to those helpes that may be instrumentall to that end . . that in some cases the use of armes is not unlawfull . but then all this being thus granted , and so in effect that all lawfull meanes may be used for the maintaining of religion , we must yet secondly deny the inference of the objection ; upon this onely ground , because though armes may lawfully be used in some cases , and religion be maintained by all lawfull meanes , yet armes are not a lawfull meanes for this end , and so may not be used in this case , that is by subjects against the lawful magistrate in case of religion , at least when some other religion is by law established in that kingdome . which assertion i shall confirme onely by foure arguments : . taken from the nature of religion . . from examples of christ and christians . . from the very making of christianity , and particularly of the protestant doctrine . . from the constitution of kingdomes , which being subordinate to the other three may deserve consideration , as far as it agrees with them . . from the nature of religion , which is an act of the soule , which cannot be forced or constrained by outward violence , and therefore , 't is apparant , needs no outward defence for the maintaining of it , much lesse , invasion of others . a man may be as truly religious under all the tyranny and slavery in the world , as in the most triumphant prosperous estate . they that have power to kill the body , are not able to commit the least rape upon the soule ; they may rob me of my life , they cannot of my religion ; the weakest creeple in the hospitall may defie the whole armie of the philistines in this matter . but you will ask , is not the outward profession and publike exercise of religion some part of it , and that to be thus maintained , where any attempt to hinder it ? to which i answer , that the first of this , the outward profession , can no more be hindred then the former act of the soul , but rather may be most illustrious in time of depression . i may confesse christ in the den of lions , in the furnace , on the rack , on the gridiron , and when my tongue is cut out , by patient , constant suffering in that cause . religion is not so truly professed by endeavouring to kill others , as by being killed patiently our selves rather then we will renounce it . when i fight , it may be malice , revenge ▪ some hope of gaine , or impunity at least by the present service , any one of a hundred worldly interests that may help to whe● my sword for me , of most cleerly a hope i may kill and not be killed : and so all this while here is no act of confession of christ in thus venturing my life , although i do affirme i do this for my religion , because though i so affirme , men are not bound to beleeve me , there being so much oddes against me that i doe it for somewhat else . but when i lay down my life patiently , the sacrifice of my god , resigne up all my possible worldly interests for the retaining of my one spirituall trust , this is to the eye of man a profession capable of no reasonable suspicion of insincerity , and indeed none so , but this . as for the second , the publike exercise of the true religion , it were by all men heartily to be wisht that it might be enjoyed at all times , for the advancing of gods glory , increase of charity , conversion of others , &c. but if it may not be had by the use of lawfull means , it will not be required of us by god ; without whose speciall providence it is not , that he permitteth us to be forbidden that exercise , till the same providence be pleased to remove such hinderance , and open to us a lawfull way of obtaining it . the primitive christians secret meetings will first be imitable to us , and if ●hos ; e be obstructed also , their solitudes next ; and however that designe of obtaining free exercise of our religion , will never make any practice lawfull to be used in order to that , that before was utterly unlawfull . but are we not to take care of our children and posterity as well as of our selves ? if our religion be now supprest , our poor children and progenie to the end of the world may in all probability be kept in blindnesse and ignorance , and so left to the place of darknesse irrecoverably . this objection stands somewhat pathetically , and is apt to affect our bowels more then our reason ; moves out compassion first , and thorow those spectacles is then represented with improvement to our judgement . but for answer to it , though the doctrine of election of particular men , as well and as absolutely to the meanes as to the end , might be ( to him that acknowledges it ) a sufficient amulet against this fear , and so no need of that their jealous care for their posterity , any farther then it is in their power to contribute toward them ( which sure is no more then to doe what is lawfull for them to doe ) yet the answer will be more satisfactory to all that acknowledge gods providence , however opinioned concerning decrees , that whosoever considers himselfe as a man , much more as a father of a posterity , must have many things to trust god with , and onely god , and among those nothing more then the future estate of those which are to come from him . yet if he be imfortunate and still unsatisfied , unlesse he himselfe contribute somewhat to the securing of his posterity in this matter , let me tell him there is nothing ( after his prayers to god and paternall blessing on them ) so likely to entaile his religion upon them at his sealing it by his sufferings . this sure will be a more probable way to recommend his religion to them ( when they shall hear and be assured by that testimony , that their fathers thus hoped in god ) then by that other so distant that they died in a rebellion against the king , or that this religion had been in their time turned out of the land , had not they done something so unlawfull to protect it . besides , the greatest prejudice which that posteritie ( of which we pretend such care ) can suffer by my non-resistance , is onely to be brought up in a contrary religion , to hear that way first , but sure not to have their ears deafed against all others when they shall be represented , nor to bring the guilt of non-representation upon them if they be not . and if i bring forth reasonable creatures , i hope they will , by the grace of god , make use of their reason and his grace , to finde out that truth that their souls are so much concerned ●in ; and if ( through no default personall of theirs ) they should misse of it , i hope the invinciblenesse of their ignorance , and their sincere repentance for all their sinnes and errours knowne and unknown , and their readinesse to receive the truth , if it were or might be represented to them ▪ would be antidote sufficient by gods mercy in christ to preserve them from that poison , so they were carefull according to their meanes of knowledge to escape all other dangers . and all this upon supposition , but not concession , that the religion of him that would fight for it were the truth and onely truth ; whereas indeed there is not a more suspicious mark of a false religion , then that it is faine to propagate it selfe by violence . the turkes and the papists being the onely notable examples hitherto of that practice , till some others , directly upon popish principles a little varied in the application , have faln upon the same conclusion ▪ now secondly for the examples of christ and christians , but first of christ : his example ( as to this purpose ) is evident in three passages ( besides that grand transcendent copy proposed from the aggregate of all his life and death , matth. . . learn of me , for i am meek and lowly . ) the first is luke . . the inhabitants of a samaritan village would not receive christ , vers. . upon that james and john remembring what elias had done in the like kinde , king. . and king. . ask't his judgement of it , whether he would be pleased that they should command fire to come down from heaven and consume them , as elias did , that is , in effect whether they should not do well to use whatever power they had ( and be confident that god would assist them in it ) to the destroying of those whoever they were ( and yet that they were not their magistrates it is cle●r ) which affronted them in the exercise of their religion , or indeed which would not receive christ . to this christ answers sternely , the words are emphaticall , he turned ( as to peter when he gave him that check , matth . . ) and rebuked them , and said , ye know not what manner spirit you are of● that is , elias was a zel●t , mac. . . ( the full importance of which will belong to another disquisition ) & jure zelotarum , might do some what against b●●ls prophets , which will not agree with that distant calling or profession of a disciple of christ or christian , they are mistaken if they think they may do as elias did . from whence by the way is a prohibition fully legall put in against all examples of the old testament ( ● any such there were ) from being pleadable amongst christians , upon this ground of josephus his observing that the jews were governed by a 〈◊〉 , god being as it were their king on earth for along time , presiding immediatly , and interposing by his oracle , and other particular directions as well as standing law , as in that case of phinees and elias , &c. by which those acts of theirs , though authorized by no setled or ordinary law , were yet as legall as whatever in any other common-wealth were done by authority legally descending from the supreme magistrate . which whosoever shall now apply to christians , besides , that he professes himselfe an asserter of enthusiasmes , will meet with christs check ● the boanerges , you know not what spirit you are of : i have not authorized you to pretend to the spirit of elias , or to doe what a zelo● among the jewes might doe . the second exemplary passage to this purpose in the story of christ is , ●a● . . . when christ was apprehended by those tumultuous persons , at the 〈◊〉 but servants of the chiefe priests and elders ( not again by any power of lawfull magistrate ) peter drew the sword and smote off one of those servants eares , upon that christs answer is the thing to be observed , vers. . then said jesus unto him , put up again thy sword into ●is place , for all they that take the sword shall perish with the sword : the speech particular to peter , a prime disciple or christian , that he having drawn the sword in defence of christ , and in him of christianity it selfe ( a more justifiable course then ever any man since undertook under the colour of religion ) most put it up again ; but the reason added of an unlimited universall obligingnesse to all christians ▪ for all they that take the sword ( ●peter did , in defence of christ , &c. or else the citation had not been pertinent to him ) shall perish by the 〈◊〉 . ) and the two parallel places which are noted i● the margent of our english bibles are somewhat considerable , the first gen. . . where that law was given to the sonnes of noah ▪ {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} concerning the effusion of blood , which sure was not any prohibition to legall , though capitall punishments of malefactors ( but rather the investing the magistrate with that power of the sword ) and yet is by christ urged as a prohibition to saint peter , signifying that effusion of blood by him in that case to be utterly illegall , and against the intention of that old law not abrogated , it seemeth by christ . the other parallel place is , revel. . where immediately upon the repeating of those words , he that killeth with the sword shall be killed with the sword , is subjoyned , here is the patience and faith of the saints : . christian martyrs , vers. . whose faith it seems and patience must goe together , which sure is most irreconcileable with forcible resistance . the third exemplary passage of christ was in his suffering , wherein many particular circumstances might be observed , especially his answer to pilate , jo● . . in acknowledgement of his legall power given him from above . be all that i shall observe is onely in the generall , that he that had so many legions of angels , certainly sufficient to defend him and invade his enemies ( whatsoever will be thought of the christians strength in tertullians time to have done so too , of which more anon ) did yet without the least resistance give himselfe up to suffer death . and if it should be objected , that this was to accomplish what god had decreed ( ought not christ to suffer these things , and thus it is written , and thus it behoved christ to suffer ) and in obedience to that decree , not as matter of example to us , or of intimation , that it had not been lawfull for him to have done otherwise . to this i answer , that as christ was decreed to that death , and non-resistance , so are christians ( if saint paul may be beleeved ) predestinated to be conformable to the image of his sonne , rom. . that is , to that patern of his in suffering , not fighting for religion ; and that revelation of gods will in that decree being supposed , it will follow , that though christ might have lawfully done otherwise , yet we christians now may not , especially being commanded to learn of him particularly his meeknesse ; i. especially that lamb-like qualitie of the lambe of god in his sufferings , isai. . . so much for the examples of christ . now for the like of christians , it will be needlesse to mention any other then those of whom tertullian and saint cyprian speak , being so perfectly home to the purpose , tertul. in apol. c. . and his book , ad scapulam , wholly to this purpose : and saint cyprian in his book against demetrianus , &c. the summe of which is this , that the christians of that age had strength sufficient either to have resisted or avenged themselves upon their ●eathen persecuting governours , but in obedience to the laws of christ , chose rather to die then doe so . the severall testimonies ( of which this is the abstract ) being so fully produced by many and known by all , it will bee more to purpose to vindicate them from all exceptions , and intercept all evasions which the wit of this last yeere ( beyond all that any former age pretended to ) hath invented to evacuate those testimonies , witnesse goodwins amicaval●eri● , p. &c. and this i shall take leave to do at large , because it is said , many have been satisfied in the lawfulnesse of their present course by those answers and objections which that book hath helpt them to . . it is objected , the father ( tertullian●mig●● 〈◊〉 mistaken in making the estimate of the strength of christians in 〈…〉 strength of them that were to oppose them . this is in civill termes , to 〈◊〉 tertullians wrote he knew not what , or at the softest , he might be ignorant of what he affirmeth he knew , and i am confident was more likely to know , living thing their the objecter now , seeing or conjecturing at the distance of so many hundred yeers , who hath not the least authority ( which must be the judge in matter of fact ) on his side against so distinct and cleare affirmation , not onely of tertullian in severall places ( and that in an apologie against the gentiles , who could and would certainly have tript him in so manifest a falshood , if it had been such ; and though the negative argument be not fully convincing , that they did not thus trip him , because we do not hear or read they did , yet will this be of as much force as any he hath to the contrary : this certainly , the writing it to the gentiles , will be able to conclude , that tertullian had beene very imprudent and treacherous to his own cause to have affirmed a thing in defence of it , which his adversaries could so manifestly have proved a falsity , if it were not so as he affirmed ) but of cyprian also , who lived about the same time , and no writer of that age or since produced ( i doubt not but i may say , producible ) to the contrary . of the proofs that are offered to make it appeare possible and probable that tertullian should be so mistaken , the first is , because his was no point of faith , &c. 〈◊〉 therefore a devout father might fall under ● misprision herein . i grant he might , but that doth not prove he did , no nor that it is probable he should be a more incompetent judge in such a matter , then he that now undertakes to controll him : nay sure , lesse reason is there to deny the authority of the ancients in matters of fact ( which if they were not evident to them , must needs be much lesse evident to us , who have no means to know any thing of them but their relations , no● cause to suspect such relations , but either by some impossibility in the things themselves which is not here pretended , or by some other , as authentick relation contradicting it , which is as little pretended ) then of faith , the ground of which being onely the written word of god , is common with them to us , and therefore may enable us to judge whether that which they affirm to be matter of faith be so indeed , to be found really in that sacred writ from whence they pretend to fetch it . and whereas it is farther added , that no rule of charity or reason bindes us to beleeve another in any thing which belongs to the art or profession of another , and wherein himself is little versed or exercised . i answer , that this saying thus applied will take away the authority of a very great part of those histories which no body yet hath questioned . if it were spoken of doctrines , it might hold , and sure to that belongs the axiom quoted , vnicuique in arte suâ credendum est ; but in narrations it is the unreasonablest thing in the world to require the narrator to be of that profession of which he relates the fact , for then no man must adventure to write a kings life but a king ; and if mr. m. mr. a. or mr. s. being ministers of the word , shall write their ●●tters concerning the parliaments victory at keinton , and relate the number of the stain on that side so far inferiour to those on the kings , we must now upon this admonition retract that beleefe we then allowed them , and begin now ( though too late ) to question whether it were indeed a victory or no , which caused such solemn thanksgiving in this city . but then secondly , why this relation should so wholly belong to the profession of another : i. not to tertullians , i cannot yet discerne . for the maine of tertullians testimony was , that the christians chose rather to suffer then to resist , though they were able , because christian religion taught the one , & forbad the other : and this sure was not without the sphere of the divine : but for their strength to resist , depending on the number of christians , not as even ballancing the heathens in the empire , but as very considerable and able to raise an army , if they would make head . i doubt not but tertullian , a presbyter , that now laboured in converting and conforming christians , and was not alwayes in his study , nay , who had lately been a lawyer , and so not unacquainted with the publike , might know and relate with far better authority then any who hath dared now to contradict him . for , for the art of ballancing the power of parties in a kingdom , and grounds of precise determination of such differences ( which as the objecter denies tertullian , so he is unwilling to yeeld to the states-man himself ; you shall see anon that we have no need to make tertullian master of it , his relation will stand unmoved without it . the second proofe to blast tertullians relation , is the ordinary one in fashion now adayes , if any man differs in opinion from us , presently to examine his whole life , and if eve● he did or spoke any thing unjustifiable , lay that vehemently to his charge , and by that defame him , and then we may spare the pains of answering his reasons , disproving his assertion , he once lied or sinned , and therefore it is ridiculous to expect any truth from him . the argument is this , he might mistake and miscarry in this , for not long after he miscarried so grievously , as to turn montanist , who called himselfe the holy ghost , &c. just as if i should resolve to beleeve no relation of any minister ( present in either of the armies ) of the strength of that army , untill i had examined , and were assured that he were not a chiliast , an arian , nor guilty of any other heresie condemned by the church : yea and more , till i had some degree of assurance that he never would be such . or as if i should resolve this man knew no logick , because in this period he offends so much against grammar in these words [ to turne montanist , who called himselfe the holy ghost ] where the relative [ who ] hath certainly no antecedent . tertullian cannot , for he called not himselfe the holy ghost ( but onely cited that stile so ordinary now adayes [ nos spirituales ] and all others [ animales psychici ] and montanist cannot , unlesse as once areopagi signified the areopagites , so now by way of compensation , montanist must passe for montanus , for he it was that called himselfe the holy ghost , not all or any of his followers . this way of concluding , from a slip in grammar , an ignorance in logick , especially being backt with the suffrage of so many concluding arguments ) will be as faire logicall proceeding , as to infer , because tertullian , an afterward turned montanist , therefore then he spake he knew not what . but then saint cyprian was no montanist , and yet he affirmed the same that tertullian doth , contra demetrian : as for the approving of dreames and furious fancies for true prophecies ( which is added to be revenged on tertullian for contradicting this objecter ) i confesse i excuse not him , but wish we might learne any thing of him rather then that . but i hope the narration we have now in hand was neither maximilla's nor prisca's dreams . if it was a fancie , it was quite contrary to a furious one . and for the close of this argument , wherein the w●●ning ●● given as it were from heaven , how unsafe and dangerous it is to build on the authority of men , as i desire the reader may take it home with him , and from thence resolve to beleeve no longer any thing upon this objecters authoritie , so denudats of all reason : so i do not yet see , why he that once erred must never be allowed to speak truth , the making of true narrations being competible with the greatest heresie in the world . the third argument against tertullians testimony , is an observation of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that there is a pronenesse of inclination in much devotion in persons devoutly given to over-value the workes and piety of other men . to which my onely answer shall be , that yet i hope it is not observed that devout men are so strongly inclined to tell plaine lies , to this end that they may make themselves over-valued by others . this must be tertullians infirmity ( if the objecter guesse aright ) being a christian himselfe , and in his apology labouring to raise an high opinion of christians in the gentiles to whom he writes , to which purpose if he should forge falsities , i must confesse it were a shrewd weakenesse , very ill becomming devotion , whatever the practice of later times may say in excuse of it . the fourth proofe is from a second observation , that in the pious and orthodox fathers themselves there are some touches , and streines , some fibrae of the root of bitternes which afterwards grow ranke in the times of popery , &c. the answ . all that i can collect from hence toward the conclusion designed , is that this objecters sence is , that , for tertullian to say there were christians enough in the roman empire to worke revenge on their oppressors , was a spice of popery ; and so there is one new piece of popery more added , to the many which this age hath concluded under that title above the inventory of the trent catechisme . and so now to debate this any further , or professe my selfe to opine as tertullian did , is to acknowledge my selfe popish , and that is as bad as praelaticall : and so from henceforth all my arguments will but passe for temptations , which none but carnall men must submit to , be they never so demonstrative . yet must i have leave to wonder how in the close of this section these words [ the sounder and more considerate knowledge of these latter times ] can have any reference to the point in hand . for certainly , for the strength of the then christian party , our knowledge in these latter times cannot be sounder or more considerate then theirs that then lived amongst them ; or if it be , the words [ latter times ] will be improper , for sure it will be affirmed onely of that time wherein mr. j.g. wrote this part of this book ▪ for i am confident he was the first that ever revealed this act of more considerate knowledge to the world . the fifth and last proofe is , that whatever their number was , yet it is no wayes likely they should be suffered to have any armes , &c. to which , and to all the prudentiall state motives whereon it is grounded , ( and so to all that section ) i shall return no answer , but the very words of tertullian , which if all put together they do not defend their author from all their assaults , neither will i beleeve the christians strength was sufficient to buckle with their adversaries . his words are plain : first , if we would hostes exerto● agere , deale like profest enemies , desiisset nobis vis numerorum & copiarum ? should we have wanted force of numbers ? ( i. men ) or armed souldiers ( for so sure copiae signifies . ) secondly , he saith as plainly , castella vestra , castra ●p●e vimus , we have filled your castles and camps ( there sure they were armed ; and so the thebaean legion , which yeelded themselves to the emperours butchery , wanted neither number nor arms to have resisted . ) thirdly , he saith , cui bell● 〈◊〉 idonei ? what war had we not been fit for ? ( etiam impares copi● , though we had not had so many armed men as they ) qui tam libenter trucidam●r . their despising of death , ( nay , gladnesse to die ) might have put them upon any hazard unarmed , and he professes the onely thing that kept them from resisting , was the doctrine which they had learnt , that it was more lawfull to be kild then to kill . fourthly , he saith , they had a way of revenge without armes , to wit , by departing from them , by that secession to have brought envie upon them ( as for example upon dislike of the present state , to have gone to new england , &c. to raise an odium upon the old ) but this they would not be so malicious is to do neither : nay , besides amissio tot civium ip●â destitutione puniisset , the losse of so many citizens would have beene a punishment by making them lesse able to resist other enemies ; plures hostes quam cives usque remansi●ent , there would have been a greater number of enemies , then there would have been citizens remaining . fifthly , to put all beyond exception , he puts them in minde how one night with a few firebrands they might have wrought their revenge , if it were lawfull for them to repay evill with evill . this one last particular being considered , is so full a demonstration of the truth now in debate , that supposing there were but one christian at liberty to use that one firebrand , there can be longer doubt but that there was sufficient strength to worke their revenge , if their religion would have permitted them to do so . and if their religion ( as was said out of him ) were the onely restraint , then certainly , their weaknes was not . nay , though they should after all this ( by a morally impossible supposition ) be supposed weak ▪ yet if their religion did truly restrain them , as he professes it did , this were abundantly sufficient to decide the controversie betwixt us and the objecter . having proceeded thus far in answer to the severall exceptions against the truth of tertullians assertion concerning the strength of those christians , i am invited farther by a second proffer of the objecter to make appeare , that although tertullians assertion should be supposed true , yet it were unsufficient , it would not reach the question or case in hand . this certainly is strange at first sight , the case in hand being , whether the reason of their non-resistance were their want of strength . which in all reason must be determined negatively , when once these two things are supposed ; first , that they had strength ; secondly , that the command of christ , or making of christianity was the cause of their non-resistance , and not want of strength . but there is no truth so evident , but the cunning of such a crafts-master will be able to transforme , both from evidence and truth , and therefore ( though in all justice a man might vow never to have commerce with such a man more , that should undertake thus to master his understanding , that he should beleeve and not beleeve the same thing , yeeld the want of strength to bee the cause , at the very time when hee acknowledges or supposes , first , no want of strength , secondly , somewhat else , to wit , the command of christ to bee the cause ) yet i shall ( to exercise that christian meeknesse which i desire to assert by my actions as well as words ) wait on this great artificer to the second part of his answer . the summe of which , as he first sets it is this , that supposing the father spake truth concerning their strength ▪ yet on some considerations he mentions , it had been in those that were called to suffer both want of wisdom in respect of themselves , and of charity in respect of others , if they should have made the least resistance . to which my onely answer shall be to beseech him to consider , that this is part of tertullians testimony , that the thing that restrained them was ( not this wisdome but ) the doctrine of their christ ; concluding it more lawfull to be kild then to kill , and utterly unlawfull to repay evill for evill . and as for charity to others , i humbly wish that were , or may yet bee considered , how much burden , &c. this resistance ( of which he is the profest abetter ) hath brought on others who are not parties on either side , nor , i hope , ill christians , if their onely punishable crime be , making conscience of non-resistance . to the next section , in answer to a supposed reply , where he saith , that it is not probable they had any sufficiency of strength . i answer , that i cannot be so tame as thus to be caught , or so wild as to imagine that improbable , at a time when tertullians testimony is supposed to be true ( as now it is supposed ) the speciall part of which testimony is yeelded to be that they had sufficient strength . and where he addes . that t was not necessary they should be of one mind and judgement touching this sufficiency , &c. i answer , that we doe not assert any such necessity , nor doth our cause any way incline us to it , or want that refuge . for sure we affirme not that they did actually resist ( to which onely ▪ that concurrence would have been necessary ) but onely that they would not though they were able , and to the evidencing of that , the concurrence of judgement you speake of , is not materiall , for if they that did so thinke of their strength , were upon grounds of christian patience and obedience , as farre from doing or attempting it , as any other ; these men would certainely have continued in the same obedience , though all the world had concurred with them in the opinion of their sufficiency . for , to professe christian meeknesse first , and then upon any supervenient occurrence to be ready for resistance , though it might be a character of the temporary ( that i say not hypocriticall ) subjection of our daies , yet must not we be so groundlesly uncharitable as to affix it on those christians ; and though the objecter should renounce his present supposition , and againe contend that tertullian lied , and so divest him of all authority as a father , of common honesty as a relater , yet sure he will not be so severe to deny him so much of an ordinary rhetor , as to make that an ingredient in his apology for christians , which were the highest piece of an accusation . grant but tertullian to have any skill in any of his professions , suppose him but orator , if not a divine , a tolerable pleader , if not a tolerable man , allow him but skill at the deske , ( his first trade , before he was a christian ) the reputation of a little el●quence , though no sincerity , and his very pleadings will be argumentative , though his words may not . but t is added in the third place , that having no invitation , countenance , or command from any authority , &c. their 〈◊〉 was differing from ours . to which i answer againe , : that it was not still the want of such command or invitation , that restrained them , but the contrary command of christ as hath beene cleare ; but then secondly , i pray let me aske a question as of one which i will in reason suppose not to be unacquainted with the sence of ju●ius brutus , and buchanan , and it is odely this whether , if all temporall magistrates neglect the worke of reformation , the ministers may not and ought not to attempt it , if they can hope to prevaile . if so , then though the case be not just the same now and then , yet the difference is not materiall or 〈…〉 , for then sure ministers there would have beene to invite , if that had 〈◊〉 the christian way . but when it is added within there line● , that we are invited , &c. by as great and as lawfull an authority as this state hath any . i must confesse i had thought that the king and hath houses had beene a greater authority ; ●nlesse the meaning be not simply , but ad hoc , or great and as lawfull an authority as this state hath any , to doe what is now do● , and then sure it shall be granted by me , who professe my selfe to suppose it impossible that any command given to this purpose should be lawfull , or able to secure any from that sentence of s. pauls , they that resist shall receive to themselves damnation . yet once more , it is possible that the authour , by this state may meane a republique , which though it be a word of some signification in some other countreys , yet that our lawes acknowledge any such here ▪ i have not yet been taught , nor sure can any part of this kingdome , without the king be capeable of this title , till we have moulded a new forme of government , and 〈◊〉 lawes , as the modell of that ; for undoubtedly the old ones are not acquinted with any such . but that i will hope is not the meaning , because it is added that inferiour magistrates , &c. which seemeth to acknowledge that the parliament without the king are but inferiour magistrates . of the agreeablenesse of that title of magistrates and rulers , to that body without the head , i purpose not to speake ; onely to that which is added , that they should be obeyed as well as kings , i answer , without canvasing of the place in s. peter , which others have done ) that if they are to be obeyed , but as well as kings , then , . the king that cōmands not to do it , is to be obeyd as well as they . . not they against the king , for that the inferiority implies . an inferior magistrate , in that that it lawfull , and within his commission , and not thwarted by a superiour , is to be obeyed as well as if he were superiour in that , or as well as the superiour in any thing else , but sure not to the despising of the superiours lawfull commands , when they doe interpose , for that were more then as well . when the king commands that which god and the law doth not forbid , it may be said , that his commands are to be obeyd as well as gods , which the apostle intimates , when he saith , you must be subject for conscience sake ; and the ground of this truth is , because indeed god the supreame , commands that subjection to the king in such matters . but sure for all this the king is not to be obeyd against god , or where any countermand of his hath intervened , for this were in s. peters phrase to obey men ( not aswell , but rather than god . thus is it in that other case , the inferiour is to be obeyed as well as the superiour ( in things lawfull and not contradictory to the superiours commands ) upon that ground of necessity of obedience to the superiour , from whom he hath his commission , and as saint peter saith , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is sent of him , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of , on by that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} supereminent person , the king ; but sure this holds not against the superiour , a● in the other case it did not . . not they when they command to take up armes against him whom s. paul bids me not resist upon of damnation , and by my oath of allegiance ( if it were otherwise lawfull ) i have bound my selfe that i will not . whereupon it is observable , that the ass● of this warre , are now brought to undertake , that damnation , or 〈…〉 shall not signifie damnation ( poore men , what a weake thred doth the 〈…〉 , that is just over their soules ? and what a sad condition would it be , 〈…〉 that dies a confident martyr in this warre , damnation at the day of 〈…〉 prove to signifie damnation ? ) but some temporary mulct ; and yet withall that this warre is not against the king ( when yet that other against the earle of essex his army , is not doubted to be against the parliament ) which two so 〈◊〉 , and yet distant holde ( for if it be not against the king , what need of 〈◊〉 other evasion , from the damnation that belongs to resisters , or if resister● still 〈◊〉 it away so easily , why may not war be avowd against the king , by any that will adventure his wrath ? doe sure signifie mens consciences to be strangely grounded , and themselves very groundlesly confident , which are satisfied upon no better principles , and whose practises are capeable of no better security . upon these grounds thus layd , of obedience due to inferiours as well as superiours ( supreame it should be , for so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} must here signifie , and i hope that our king amongst us is such ) magistrates , the objecter puts a case , that the inferiour governour requires that which is onely finest , &c. as to doe our best to defend our selves against those that contrary to law and conscience assault us , the superiour that which is contrary to both , viz. to fit still , &c. in this case he resolves it is most cleare on his side , for ( whether the lawfulnesse or necessity he intimates not of ) resistance against the superiour . to this i answer , that it is hard to beleeve that the objecter did not purposely intend to deceive his reader by that phrase [ onely honest , &c. ] for that is a very doubtfull sence , it may signifie , that nothing else were honest , and then it is in that sence apparently false , for if it were honest to take up armes against a king , yet sure may not taking up armes be honest too ; for ( whatever that crime of neutrality signifie in these daies ) it may be lawfull for a man to suffer injury , to suffer himselfe to be defrauded ( and that by a king as well as by an equall ) cor. . . i hope resistance , though it have lately commenced , and taken upon it the degree of vertue , yet hath not turned projector , got the monopolie of vertue and honesty into its hand , that it should engrosse and enclose that title , and there be no other vertue or honesty besides this ; yet would the affirmations of some out of no meaner place then the pulpit , [ that all 〈◊〉 that are for the king at this time are atheists or papists ] conclude and perswade thus much . but i would faine beleeve that the meaning of the phrase [ onely honest , &c. ] is , [ no more then honest ] i. not necessary . but if that be it , then sure the superiour governour may deserve to be obeyed in forbidding it , as well as the inferior in commanding : for it will not follow in that case that the king commands somewhat contrary to the law of god and nature , but onely somewhat contrary to something which was agreeable , i. not against the law of god and nature , i. prohibits a thing lawfull not necessary , as the other is supposed to command a thing lawfull , not necessary : which sure were as free for him to doe , as for the inferiour , supposing , as the objecter supposes , that the command of god indifferently extends it for obedience to either , in things that are lawfull . hence it appeares that in the case here put , the command of the superiour is falsely affirmed to be an unlawfull command ▪ ( for them the matter of the inferiours command must be supposed not onely honest but necessary ) and if it be a lawfull one , it may and will then make voyd that obligation for that particular , which is supposed by the law of god to lie on us , to obey the inferiour in that which is lawfull . the short is , if that which is here spoken of , be in it selfe necessary , we must do it , as in spight of all countermands of the superiour , so without all commands or invitations of the inferiour magistrate ; but if it be not necessary in it selfe , neither will the commands of 〈◊〉 inferiour make it necessary to any who stands prohibited by a superiour . in the fourth section the object● offers at a reason , why those ancient christians ( supposing strength in them ) should rather patiently suffer , because before their conversion they had consented to the emperours power , whereby those edicts were made for the murthering of christians , &c. to which i answer , that it is ridiculous to seeke out or impose upon the reader probable or possible reasons for their non-resistance , when tertullian in their name specifies the true onely reason , the gospell doctrine of christian patience and obedience . but for the particular of their consent , much might be added , to shew the vanity of that plea , if that were tanti , or pertinent . i shall only say , that if the emperour legally murthered christians , then their consent to that law or to the power of the emperour who made it would not bind or dispense with them to commit any thing necessary or otherwise commanded by any greater power ; for if i sweare to doe so i must breake my oath , non-obs●an●e what is concluded from ps. ▪ . and if it were not otherwise necessary or commanded by greater power , then neither is resistance now . and then the kings prohibition will as much restrain me in any thing not necessary , as their heathenish consent could be supposed to restraine them then . nay he that makes that consent a nullity ( as this objecter in fine doth ) what reason can he ●ender why he that gave that consent , might not plead that nullity , for such ( though carnall ) advantages as life is , if it could make good his pleading , and no other restraint lie on him , but onely that null-consent ? for the fifth section , how that may be lawfull [ for an entire body to do which may not be lawfull for a part ] and so for us now though not for thee ? i answer , that if the phrase [ entire body ] signifie the head and members too , then the period is true ; if not , then the whole section is fallacious : for it follows not , that though the representative body without the head is more , then a party in the empire , without the representation of the rest , therefore the first may resist forcibly , though the second should not : for he that from saint pavl denies resistance of subjects indefinitely to kings , will not be moved from that hold ▪ by discerning some other slight differences between subjects , unlesse they may appear such that on one side they may authorize resistance . but then secondly , if the doctrine of christian patience , &c. were the cause of non-resistance , then sure was not this other consideration wherein they differ from us , the cause of it . well , having gone thus far , in attendance on this objecter , and to exercise that patience , which we so much desire to perswade : there is yet the greatest fort behinde unvanquished , erected in the sixth section , and rescued from all supposed assailants in six particulars following , set up like so many fortresses about it . the summe of it is ( for i would not be bound to recite what every one may read in the printed book ) that if those primitive christians had strength , and might lawfully have resisted , ( by the way tertullian onely affirms the first , and is so far from supposing , that he absolutely denies the second ) yet might god hide this liberty from them ; and so his after dispensations did require that be should hide it from them , and yet manifest it to us : and these dispensations he specifies to be gods counsell of antichrists comming into the world then , and of his being destroyed and cast out now . the hiding of this truth of subjects power and right to resist their superiours , being necessary to help antichrist up to his throne . and the commonalty of christians doing contrary to the will of their superiours , being the men that must have the principall hand in executing gods judgements upon the whore ▪ revel. . . . . . that is , in the pulling him down . to this whole discourse ( the first i am confident that ever was written on this subject ) i must answer by degrees , ( that i may not omit any thing that is added for proofe or explication by the authour ) and first , i must desire the word ●ay or might [ may hide ] may be changed into plain intelligible sense . say , did god hide the liberty of resistance from those primitive christians or no ? if he did not , then away with this whole section , and particularly that affirmation , pag. ● . that gods dispensations did r●quire that it should be hid from them : but if god did indeed hide it : then first , this is more then a supposition , it is a plain concession that those christians tertullian speaks of might not lawfully have re●isted , though they had had strength ( which was so long denied ) for the light be●ng hidden , they must have done it without faith , or against conscience , yea , and ●gainst gods determinate counsell , ( who , the objecter saith , had great causes ●o hide it , of which one sure must be , that it should not be used . . here is a ●reat secret of new divinity , that god hides truths ( not as christ spake in para●les , because they seeing see not , mat. . . but ) on purpose to help antichrist ●o his throne . ( of which more anon ) as for that instance of those that eat ●erbs , i pray consider , whether that be pertinent to prove that god purposely hides truths from us , or particularly this truth in hand . for sure that liberty god had from none in the apostles time ; for the preaching of the gospel manifested the lawfulnesse of meats as well as herbs , onely some saw not , or considered not that that was manifested , and thinking some old legall obligation ( as others did circumcision ) to lie still on them , submitted to it out of piety . now apply this to the point in hand . certainly the liberty of forcible resistance against superiours ( though it should be granted ) would never be found of this kinde , a liberty brought into the world by christ , which before had not beene there . if he shall affirm it was , ( as he must if that instance of eating be pertinent ) though by the concession of the latter part , he must disclaim all his former old testam. pleas for resistance , from the people about ionathan , from david , and from e●isha , yet wil he never give any probable appearance for the affirmation in the first part , that christ gave any such new before-unrevealed liberty : but rather , if any such liberty before there were , it was undoubtedly taken away by christ , from whose example and precepts it was that those primitive christians , and we also , dare not make use of that supposed liberty . the onely thing i can imagine possible to be replyed , is that , though the comparison hold not exactly , yet it may hold in this , that as that liberty of eating was hid to some ( it matters not by whom , or how ) so this of resisting to others . to which i return , that then it is confest that this instance doth onely illustrate the objecters meaning , but not so much as probably confirm his assertion : and then i am sorry i have considered it so long , and therefore to bring the point to an issue , i must thirdly ask , where this liberty , or the authority for this liberty was , when it was thus hid . was it in the old testament ? though it should be there , as it is not , yet it might be taken away in the new , ( as those things which in the old testament , or the law of nature , are neerest to giving of that liberty , are absolutely reformed by christs doctrine and practice ) and then that were good for nothing . was it in the new ? then deale plainly , shew the place in the new testament which gives that liberty , and is now found out by posterity , though hidden to them . sure we have found out no new scripture , to them unknown ( the nazarites gospel though it rehearse some speeches of christ no● in our canon , yet is not produced for any of this nature : that famous one which it fathers on our saviour , nunquam laeti sitis n●si cùm fratr●m in charitate vid●ritis , is of another stamp , i would to god this apocryphall precept might be canonicall among us ) and for any place of the known canon misunderstood by them , and now clearly unclouded and revealed to us in a right understanding , which inforces this , i must be so charitable to the objecter , as to think that if he had discerned any such , he would not have failed to have shewed it us , ( as well as his interpretations of rom . and revel . . ) if it were but to leave us unex●usable for not being his proselytes . beyond these severall wayes of revelation , if posterity have had any other ( or indeed any but that of understanding of scripture , by scripture light , or assistance of gods spirit , which was not before understood ) from whence to fetch a liberty which is not in the old bible , or is denied in the new , this is it which we desire so to warne men of under the name of enthusiasme , which is hardly ever distinguishable from a demure frensie , and i must call it now the dreame of the dreamers , jude . that despise dominion , speak evill of dignities , but far from divine revelation . and yet that this is the thing that this objecter hath an eye to , ( and not the understanding of scripture more clearly then before ) may appeare , in that he affirms this truth hid from their teachers , ( though not from all without exception ) who yet if it were hid in the scripture , were of all others most unlikely not to finde it . as for that offer of proofe , that this truth might lie hid , because there was no occasion of studying it : i answer , that in tertul. daies when there was occasion to study it , ( as great as ever can arise any , because the persecutions then , were as heavie persecutions ) we may by that argument think they would have searcht into it , at lest the light then would not in ordinary account have proved more dim , as he saith it did , if the scripture were the candlestick where this light was held out . that which he adds in the next place , of the spirit of courage , patience & constancie which was by god powred out on the church in those dayes , and so made mar●yrdome seem a desirable thing to them , is more like a reason indeed of their not inquiring into this liberty : and herein , i must acknowledge the ingenuity of the objecter , or the power of truth which extorted this reason from him , so little to the advantage of his cause , and so much of ours . for this is certainly the bottome of the businesse , the want of christian courage , patience , &c. ( for that kinde of courage is not in fighting , but suffering ) hath helpt us of this last age to that [ dream , not ] revelation of liberty , which was never heard of among the ancients . but by the way , it seems by the objecter that now martyrdome is no desirable thing , nor taking up christs crosse , nor following of him . we are resolved to have no more to do with martyrdome , think that the thousand yeeres for the saints to reigne on earth are now at hand , and so suffering , or conformity to the image of christ , no longer the thing we are predestin'd to , we must set up a new trade of fighting , destroying , resisting , rebelling , leave enduring to those christians which were furnished with extraordinary strength from heaven . which are the objecters words of the primitive christians , which , saith he , kept them from studying cases and questions about lawfulnesse of escaping , ( which word meere shame had put in , ●u●●erly impertinently , in stead of resisting ) i confesse , i had thought that our q. mary martyes had had this strength from heaven too ; and that it was not like miracles , an extraordinary gift onely for the infancie of the church : but now it seemes we must expect to see no more martyrs , till we can remove mountains again : this objecter , it is cleare , is so resolved against it at this time , and that his actions , as well as writings , will be ready to testifie . for my own part , i trust i shall be as ready to oppose the one , as i am to con●u●e the other , and to thinke nothing more christian still , then to be crucified with my christ , and if i might chuse the article of christian doctrine which i should most desire to seale with my blood , i thinke it would be that of meeknesse , patience , non resistance , peaceablenesse , charity , which i conceive christ hath beene so p●ssionately earnest to recommend unto me , as most diametrically opposite to the most unchristian damning sins of pride , ambition , malice , rebellion , unquietnesse , uncontentedness● , &c. fourthly , for that whole discourse about antichrist there must many things be returned . . that it is not tolerable in a christian to affirme that god purposely hid truths , that antichrist might come into the world ; this so harsh sence the objector first disguises in another phrase , that god by speciall dispensation suffered him to make many truths his footstoole , but indeed that reaches not home to the businesse undertaken to be proved , for it follows not thence , that this of resisting superiors was one of those tru●hs , if it were , then god suffered him to make use of it , which he could not but by its being made known , whereas he supposes it was then hid , if he mean antichrist hid it , and so made the holding it , his footstool . then . it was not god that hid it , as before he said , but antichrist . it had then been manifest before , use then began to be hid , when there was most occasion to use it , which before he made improbable . if i were put upon the rack i could not give a rationall account of those words of the objector last recited , or such as may but be consonant to his present undertakings : that which followes is more clear that god caused a dead sleep to fall upon those truths : if he did , i wonder who first raised them out of that dead sleep jun. brutus or buchan . or m goodwin ? but still it seems god did on purpose hide truths in favour & asistance to antichrist to help him into the world , and this , not like the spirit of slumber sent on men for their punishment , but on divine truths which sure had not deserved it , yet more particularly that the doctrine of liberty to resist superiors should be so opposite in a speciall maner to antichrist , that it was fain to be laid asleep to give him passage into his throne , seemeth very strange to me . . because one piece of antichrists pride is to exalt himself above all that is called god which is mostly interpreted kings , and if rightly , then they that do so enhaunce the power of the people ; as to make the king singulis minorem , & loose the rains of obedience so far as to permit resistance : wil i fear discern some part of the mark of the beast upon their own brests . . because the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , thes. ▪ . and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , v. . that hindred , or let antichrist , and was like to do so still , till he were taken out of the way , was by the fathers commonly resolved to be the roman empire or imperiall soveraignty of rome , see tert. dere see . ambr. com . in . thes. hier. qu. . ad algas ▪ chrys. in thes. cry . hier. catech. i e. aug. de civ. dei , l. . c. . lact l ▪ . c. oecum . in ●oc . & ib. s●ver . & gen. and therefore on the sacking of rome by alaricus the goth s. ierom presently expected that antichrist should come , and in his book ad ageruchiam de mon●gam : wonders that any one would think of marrying at that time , hence , have learned men observed , was that custome in the most ancient times to pray in their lyturgies for the lasting of the roman empire , that so antichrist might be long a coming , tert. apol. c. . ad scap. c. . from whence though nothing else can be demonstratively inferred yet this certainly may : that in those many fathers opinion the power of kings continuing intire , was not like to help antichrist in , nor consequently the bringing down that power by the revelation of the doctrine of resistance , like to cause an abortion in antichrists birth , or now tend to the casting him out of the world . as for the evidence of that revelation rule that the communality in opposition to their kings , must have the great stroke in executing gods judgement on antichrist proved revel. . . . . i must answer , . that i shall never wonder enough at the power of prejudice evidenced in this objecter , by what he hath put together to this purpose page . to prove that the people contrary to their kings shall destroy antichrist , this is thought by him sufficient evidence , that the people are commanded to go out of her , vers. . when vers. . it followes that the kings of the earth shall bewail her , and lament for her : the concludingnesse of the argument i shall not insist on , but onely look forward to another place which he cites immediately revel. . . where the ten kings are said to hate the whore and make her desolate . now the word kings in this last place signifies , saith the objecter , not the persons of kings but their states and kingdomes , and to this purpose proofes are produced , but . i beseech him to deal ingenuously : doth the word king ever signifie the kingdome opposed to the king , . any part of the kingdom excluding the king ; but then . see the mystery of prejudice which i mentioned where it is for the objecters turne revel. . the kings of the earth must signifie their persons in opposition to their people , but where it is not for his turne revel. . there the word kings must signifie the people or any but the king : would not the spirit of meeknesse have easily compounded this businesse , and have given the word ( kings ) leave in both places to signifie both their persons and their realmes , and so have reconciled the places that some kings with their kingdomes should bewail her , and some again hate her , they bewail her , that continued with her till her destruction , when they see the smoak of her burning . . and others hate her who had once tasted of her filthinesse , and repented and left her before , this were very agreeable to those texts , if we had not peremptorily resolved to fetch some other sence out of them . . that first place alone by it self concludes onely thus much that good men come ( or are exhorted to come ) out from antichrist , and avenge the whore , and earthly men that have love to her , bewail her , but not that either the first are all common people ( for sure kings may be called gods people , or be in that number ) or the second none but kings , as for the proof that those people , vers. . are the subjects of those kings verse . because they are such as come out of babylon , sure that is very weak , for babylon being the province of the whore , there may be kings as well as subjects there , and those kings come out too , as well as those subjects . for suppose king and people of england all popish , why might they not all reform together ? it seemes antichrist must never be cast out of a kingdom till the people do it in spight of the king , and therefore it is concluded that it was not done here in the dayes of king edward nor queen elizabeth nor king iames , and now since the new revelation have assured men that antichrist must now be cast out utterly from among us , it is become necessary that our soveraign should be a papist , and as much zeal and as solid arguments used to perswade our friends that indeed he is so , ( though his constant word and actions now evidence the contrary ) as are produced to maintaine any other article of our new saints belief : one of the most suspected and hated heresies of these dayes , is to doubt of the popish affections of our superiors especially the king : well by this doctrine , if the king should chance not to be a papist , he must turne to be one , or else popery cannot be cast out in his time . if so he should do , turne papist on purpose to prepare , or dispose his kingdom to turne antichrist out , this might be but answerable to gods hiding of truths to that end to help antichrist in . but should his majesty be so malicious as to proove protestant in earnest , then what would become of that sure word of prophecy that so many have bin perswaded to depend on , that antichrist must now be cast out of this kingdome , which faith the objecter cannot be , unlesse the people do it while the king bewailes . i hope i have said enough of this . as for the connexion of this observation with the conclusion in hand ( though it matter little now the observation is proved so false , yet ) i shall adde that if the people were to do that great feat of casting out antichrist , yet it appears no● how liberty of forcible resisting their kings should be a necessary requisite to the work , unlesse the lawfull king be the antichrist in every country , for otherwise it is very possible that though they obey their kings they may resist antichrist , though they love and revere their lawfull superior they may hate and abjure their unlawfull : once more , whereas it is again repeated that the knowledge of the supposed subjects liberty would have kept antichrist from his throne , i repeat again , that if it would , god sure would have revealed it to them of all others , unlesse it appear that god was more angry with the sins of christians in tertullians age , and so more fought against them , then he doth in ours against us , for though god may of mercy undeserved throw down antichrist , yet that he should so immediately and illustriously labour to set him up , unlesse out of deserved indignation to a people , is not easily resolved , yet if this may appear de facto to be so , i shall yeeld , till then {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the last blot laid on tertullian to obliterate all whatsoever can be fetcht from himlis , that the authority of tertullian and the submission of the christians being both apocryphall is too light to weigh against the practice of the great prophet elisha &c. to which i answer , that that being supposed , yet the grounds on which tertullian saith the christians of his time did so patiently suffer , viz. the doctrine of christian patience and meeknesse , are not apocryphall , nor inferiour to that of elisha , though it were supposed to be argumentive , or concluding for resistance . for any thing else added by the objector in this businesse as the disproving of tertullians relations on grounds of christian doctrine , from the contrary practice of david and elisha though i might answer in one word , that christians are restrained from some things which were practiced without fault in the old testament , yet because those old testament-examples have been fully cleared by many others of our writers , & indeed are not pertinent to the d●scourse i was upon , when this objecter first ●●et me in the way , and led me this wilde goese ●ha●e after him , i shal not be so impertinent as to adde any thing , but conceive my self to have vindicated the testimonies of those fathers from all possible objections , and so to have joyned the practise of christians , ( those ancient primitive ones ) and proved them correspondent to the example of christ , and so to have made good my second argument proposed from the example of christ and christians . my third is from the very making of christianity , and particularly of the protestant doctrine . and ● of christianity , which as it differs from the lawes both of moses and nature , so it constantly reformes and perfects those ( dissolves not any thing that was morall in them , nor promises impunity for non-performance , but upon repentance and reformation ) elevates and raises them to an higher pitch , at least th●● jew● or naturall men had conceived or understood themselves obliged to , which the ancient ●athers generally resolve to be the meaning of his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , mat. . . to fill up all va●u●ties in those former lawes , and adde unto them that perfection which should be proportionable to that greater measure of grace now afforded under the gospel . thus in that sermon upon the mount , that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that top of practicall divinity , ( set down by way of particular instance of christs purpose , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) besides the third proaemi●ll beatitude , blessed are the meek , which certainly though it may containe more , yet excludes not , but principally notes the meek , obedient subjects under government , the non●resisters , and therefore hath the same promise annext which the law had given in the fifth commandement ( t was there , that thy dayes may be long in the land ; t is here , they shall possesse the earth , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which psal. . . whence it is cited , referres clearly to the land of canaan , though improved into an higher sense now in the gospel . ) and again , besides the seventh beatitude of the peace-makers , or peaceable ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , being equivalent in the scripture stile , vid. iam. . . ) and the eighth , of those that are persecuted for righteousnesse sake , ( whence sure is not excluded the cause of religion and christianity it selfe ) which sure are opposi●e enough to forcible resisting of lawfull magistrates , especially for religion : besides all these , i say , in the introduction to that sermon , there is in the body of the sermon it selfe , an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which sure prohibits all forcible resisting or violence even to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the injurious or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} troublesome person which if it should chance to be our king , would not certainly be more lawfully or christianly resisted then any body else ; especially , when it is our religion which is invaded , which of all other things a whole army of plunderers cannot rob us of , ( as they may of the cloak vers. . ) and therefore needs not our violence to retain it ; nor is ever injured , but more illustrated by our suffering . to this may be added the consideration of the depositum left by christ with his disciples , pacem peace iohn . . ( which it seemes onely the beloved disciple had recorded ) peace i leave with you , externall peace for the pacem meam , my peace followes after as a gift perhaps peculi●r to them that prised and kept this legacy , and if it be objected that christ came not to send peace , but a sword , matth. . . that sure refers not to christs prime counsell or purpose , but to the event ; what he foresaw it would be , not what he had determined it ought ( which manner of speech is very ordinary in all authours ) for the precept is punctuall to peter against the use of the swor● and to all the disciples for preserving of peace mar. . . and to that it is thought the mention of salt belongs in that place , which among other qualities is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} unitive , have salt in your selves , and have peace one with another . on these texts many effectuall emphaticall descants are added by the apostles , rom. . . if it be possible , as much as in you lieth , live peaceably with all men : and heb. ● . ▪ follow peace with all men {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} an agonisticall word to run for it as for a prize or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and thessal . . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , we render it study ( it is , be emulous , contend , strive , make it your ambition ) to be quiet , to which i shall onely adde two places more , iames . . . the w●sdome which cometh from above is first pure , then peaceable &c. which before ver. . he had called meeknesse of wisdom , then pet. . . where after direction for the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} obedience of wives 〈◊〉 husbands ( and we know the kingdoms relat●on to the king is besides others , that of a wife to an husband who is therefore espoused to it with the ring at his coronation ) it is added , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that her bravery consists in the sincerity ( i think it should be rendred ) of a meek and quiet spirit , which is in the sight of god of great price . if it be objected , that these many places of peace are but generall wide illations against resistance , or however , no more pertinent to the case about resisting of magistrates , then of any other private man : i answer , that though i might thus argue , à minori , ( and also assume that no other resistance is neere so destructive of peace as that resisting of the supreame power , that being indeed the sh●king of government it self , which is the band of peace , and the dissolving of which , returns 〈◊〉 to the state of common hostility , leaves us a wildernesse of beares or tygers , not a society of men ) yet i shall confesse , that i intended not to lay any more weight on this part of the argument , then any man will acknowledge it able to beare , and that therefore before i inferre my conclusion of non-resistance from the making of christianity , i must adde to these places so passionate for peace , another sort of places concerning obedience , of which ( without naming the places being so known already ) i shall venture this observation , that in the new testament especially the epistles of the apostles ( which were all written in time of the re●gn of wicked heathen bloody adversaries of christianity , and can referre to none but those ) there is no one christian vertue , or article of faith more cleerly delivered more effectually inforced upon our understandings and affections to be acknowledged by the one ( against all pretence of christian liberty to the contrary ) and submitted to by the other , then that of obedience to kings , &c. it were most easie to vindicate those places from all the glosses and scholia's that the writers of this year master goodwin in ●ntican . master bur. master bridges , &c. have invented to free themselves and others from the obedience most strictly required there , but would not again trouble any ingenious man with such extravagant discourses as even now i learnt by experience would be necessary to answer such exceptions , which mens wit or somewhat worse hath produced , besides , those places have been by others vindicated already . i shall onely say whosoever can without coloured spectacles finde ground for the present resistance in those places of scripture rom. . pet. . . . &c. so far as to settle and quiet a conscience , i shall not conceive my understanding fit to duel with his , any more then i would wrestle with a friend , or combat with the fire , which pythagoras tels me would avail little : he that can be sure that damnation rom . . signifies not damnation , but some temporary mulct onely ( if the king should prove able to inflict it ) when , v. . it is added we must needs be subject not onely for wrath ( i. fear of temporary punishment ) but also for conscience sake , ( which when it accuses , bindes over to eternall wrath , or damnation ) i professe i know not what camel he may not swallow ▪ i shall onely in the bowels of christ desire him to consider , what a sad condition it would prove , if being on this confidence engaged , and by gods h●nd taken away in this war he should at gods tribunall hear saint paul avouch that by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or damnation in that place , he did meane no l●sse then eternall damnation without repentance : o how would his countenance change , his thoughts trouble him , the joynts of his loins be loosed , and his knees smite one against another , one generall {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} possesse all his faculties , and master bridg● &c. be unable to settle him or give him confidence any longer , when the tekel shall come out of the wall over against that interpretation of his , that it is weighed in the ballances ( of truth & judgement ) and found wanting , of this word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} i designe another disquisition : only i could not defer to forewarn the reader of his danger in this place , and now i shall not doubt from the making of christianity to inferre my conclusion of non-resistance , not doubting but the premisses will bear it . for the other part of this third argument from the making of the protestant doctrine , i would fain be very brief by way of compensation for my former importunity , and therefore shall engage myself not to trouble the reader with citations or names , which yet might be brought by hundreds of reformed writers for every iunius br●ius , butherius , and buthanan that hath appeared for the contrary since the reformation . though the truth is , such as these if they must be called protestants , are yet in this somewhat more then that title ever imported , i may say perfect jesuits in their principles , and resolutions concerning kings ( no papist of any other order hath gone so far ) although they differ some what in the seat of that power of making such resistance . that which i designed to say on this point is only , this that the doctrine of allegiance to kings , and of their supremacy in all causes , hath alwayes been counted a principall head of difference between the protestants and the worst of papists , and a speciall evidence which most men have used , to conclude the papacy to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the antichrist , is this that the pope exalteth himself above all that is called god : . the kings of the earth , that he in case the king be not a catholick , absolves subjects from their allegiance to him , that he pretends power over them in spirituall things , and in temporall in ordine ad spiritualis . it is not unknown to any that the oath of supremacy if not of allegience among us is principally designed to discerne and and discover papists , of whom , one of the prayers appointed for the fifth of november affirmes , that their religion is rebellion , that sure is , that one main difference betwixt romish and english , popish and protestant doctrine is that of liberty to rebell in some cases , particularly in that of religion : in opposition to all which doctrines or insinuations of theirs , there is no church that ever exprest their sence in any article more fully and largely , then ours hath in this particular , witnesse the severall parts of the homily of disobedience and rebellion , printed in queen elizabeths time . and if herein all other parts of the reformed church have not gone as far as we , yet shall i not retract my asserting this doctrine purely protestant , . because this kingdom hath alwayes been esteemed a prime part of the reformation , wherein the papacy was legally cast out , not by violence or tumults of the people , and so nothing rejected but what in sobriety was necessary to be rejected , and therefore our church hath generally been the norma or rule by which others have desired to compose themselves , and never yet any other so preferred before us , as that our ancestours could think fit to conforme to them , . because in many other countries the government is not regall or monarchical as here it is , bodin . l. . c. . de rep. can finde none of this nature in europe , but france and spaine , and england and scotland ( i conceive ireland he conteined under the word auglia● ) in which , saith he , regis sine controversia jur●●●nia majestatis habeant per se : singulis civi●us nec universit ●as est ( it seems master dale our embassadour from whom he had received his advertisements of the state of this kingdome had not then heard that our king though singulis major is ●●●versis minor , which certainly had divested him of all soveraignty it being impossible that the soveraign or supream of all should be minor then any ( sumni prinsipis vitam fama●●ut fortunas in discrimen vocare , seu visen judicio constituto id fiat , &c. as for the emperour of germany charles the fifth by name , he saith plainly , tyrannide cives ad rempublicam oppressit cùm iura maiestatis non haboret , which if it be true will be some excuse to the germane princes in what they did at that time in taking up armes for religion , though it is most certain what he affirmes , that when those princes consulted martin luther about it num id ●ure divino liceret , whether it were lawfull in the sight of god , ille negavit he resolved it utterly unlawfull : this answer saith bodin , luther gave perinde atqua si carolus summam imperit solus haberes , and therefore much more must it be given when the case is of a monarch indeed , as he concludes , and though he acknowledge that distinction which it seemes luther did not betwixt that emperour and true monarchs , yet is he faine to passe a sad observation upon the fact of those princes in taking up armes for religion , against luthers advice ita funestum bellum reique publica calami tosum suscepi●s est , cum in gentiprincipurs ac civi● strage , quia iusta causa ●●llowideri potest adversus patriam arma sumendi . i would to god those words were englisht in every of our hearts : a direfull and calamitous war with the slaughter of all sorts , because ( though it were for religion ) yet no cause can be counted just , of taking up armes against ones country . the truth is , what was done there though , . very unhappily and . against no monarch , hath been thought imitable by knox and buchanan in scotland , and from thence infused into some few into england a●penry , &c. but by gods providence hath formerly been timously restrained , and not broken out to the defaming of our protestant profession . it seemes now our sins are ripe for such a judgement , the land divided into two extream sinfull parts ; one by their sins fitted to suffer under this doctrine , others si●full enough to be permitted to broach and prosecute it . i meekly thank god , that though my sins are strangely great , yet he hath not given me up to that latter judgement . i conceive i have also given some hints at least of proving my position from the making of the protestant doctrine . now for the last topick , taken from the constitution of this kingdome . though that be the lawyers task , very prosperously undertaken by others , yet one generall notion there is of our laws , which from my childhood i have imbibed , and therefore conceive common to all others with me ; and it is this , that the laws of this kingdom put no man ( no papists i am sure ) to death for religion . when jesuites , and seminary priests have suffered , every man is so perfect in the law , as to know that it is for treason , by a statute that makes it such for them to come into this kingdome . the truth of this , and the constant pleading of it against all objecters , hath made me swallow it as a principle of our law , that even popery strictly taken ( and not onely as now this last yeere it hath learnt to enlarge its importance ) is no capitall crime . from whence , i professe , i know no impediment to forbid me to conclude , that in the constitution of our state no war for religion is accounted a lawfull war ; for that it should be lawfull to kill whole multitudes without any enditement , yo● , and by attempting it , to endanger , at least , our own . . many good protestants lives , for that , which if it were proved against any single man , would not touch his life in the least degree , is , i must acknowledge , one of the artaria belli which i cannot see into . and therefore sleidan tels us of m. luther , that he would not allow a war , though but defensive , with the turk himself , com . li . . pag. . and though after he had mitigated his opinion upon a new state of the question , and perswaded the emperour to it , yet it was with this limitation , m●do nec vindictae , nec gloria , nec emolumenti caur● sub●●●●● , ( three things that are very rarely kept out of war ) sed tantum ut spur●issimum l●tronem , non ex religionis , sed ●urti & injuriarum actione aggradiantur . it seems the cause of religion , although it were of christianity against mahometisme , was not to him a sufficient warrant for a defensive w●● but then . for this war to be waged against the prince , ( or by any one but the prince , in a monarchie , as this is ) who whatsoever he hath not , hath certainly the power of the sword immediatly from god ( or else must be acknowledged not to have it at all , for this power cannot be in any people originally , or anywhere but in god , and therefore it may be most truly said , that though the regall power were confest to be first given by the people , yet the power of the sword , where with regality is endowed , would be a superaddition of gods , never belonging to regall or whatever other power , till god annext it in gen. . . which also 〈◊〉 to be out of all dispute in this kingdome , even at this time , where the universall body of the cōmonalty , even by those that would have the regal power originally in them , is not yet affirmed to have any aggregate power , any farther then every man single out of government was presumed to have over himself , which sure was not power of his owne life : for even in nature there is felonia des● , and therefore the representative body of the commons , is so far from being a judicature in capitall matters , that it cannot administer an oath ) and therefore is not justly invasible by any subject or community of subjects , who certainly have not that power , nor pretend to have it , and when they take it , think it necessary to excuse that fact by pretence of necessity , which every body knowes , is the colour for those things which have no ordinary means of justifying them : like that which divines say of saving of children and ideots , &c. by some extraordinary way . ) nay , . for this war to be waged , not against popery , truly so called , but against the onely true protestant religion , as it stands ( and by attempting to make new laws is acknowledged as yet to stand ) establisht by the old laws of the land , and therefore is fain to be called popish ( and our martyr reformers notable , by those fiery chariots of theirs , to get out of the confines of babylon ) that it may be fit to be destroyed ; just as the primitive christians were by the persecuters put in wilde beasts skins that in those shapes they might be devoured : this i confesse is to me a complication of riddles ( and therefore put by some artists under that deepe , dark phrase , and title of fundamentall laws of the kingdome ) to which certainly no liberty or right of the subject in magna charta , no nor legislative power , will enable any man to give any intelligible , much lesse legall name : at which i professe i am not ill pleased , because this i hope will keep it from being recorded to posterity . i have done with my fourth argument , and am heartily sorry i have kept my reader so long from his prayers , which must set an end to this controversie , for sure arguments are too blunt to do it ; i beseech god to direct all our hearts to a constant use of those meanes ( together with fasting and abstinence , at least from father provoking sins ) and exerci●e that evill spirit that hath divided his titles ( of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and now at length , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) among us , and by those means infused his mortiferous poison into the very veines of this whole kingdom . [ i create the fruit of the lips peace , peace to him that is far off , &c. and i will heal him . thou hast moved the land , and divided it , heal the fores thereof , for it shaketh . ] the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , according to its origination signifies censure , judgement , and in its making hath no intimation , either of the quality of the offence to which that judgement belongs , or of the judge who inflicts it : that it belongs to humane judgements , or sentences of temporall punishments sometimes , is apparent by luke . . where one thief saith to the other , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , making , it seems , the same sentence of death , or capitall punishment , called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , c. . . judgement of death temporall ; and that at other times it signifies also divine judgement , is as apparent act. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , judgement to come , that is , certainly at the end of this world , at that day of doome , so rom. . ● . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the judgement of god , and so again vers. . which v. . is explained to be ●rath or punishment against the day of wrath , &c. so heb. . . resurrection of the dead , and eternall judgement . the truth is in this sense , it is most what 〈…〉 this book , see mat. . ● . mat. . . luke . . rom. . . and therefore he● , the best glossary for the new testament , renders it {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ▪ gods retribution or payment , or rendering according to works . it will not be ●●●th while to survey and consider every place where the word is used , he that shall do so , will perhaps resolve with me to accept of that glossary , and understand it constantly of gods judgement ; unlesse , when the circumstances of the 〈◊〉 shall enforce the contrary , as they do in the places first mentioned , and cor. . . but then when the context rather leades to the second sense , there will be great danger for any man to apply it to humane judgements , for by so doing , he may flatter himself or others in some sin , and run into that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as it signifies eternall judgement , when by that mis-understanding he doth not conceive himself in any danger of it . of places which without all controversie thus interpret themselves , i will mention two , pet. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to render it , whose judgement of a long time lingereth not : which that it belongs to eternall vengeance , appears by the next words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , we render it , their damnation , it is literally , their destruction sleepeth not . the second place is , tim. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , fall into the condemnation of the devill ; that is , sure into that sentence that fell upon lucifer for his pride ( being cast out of heaven , and reserved to chains of eternall darknesse ) for the person spoken of here , is the novice , or new convert , lifted up with pride , just parallel to the angels newly created , lifted up with pride also , the crimes and the persons parallel , and so sure the punishment also . now three places more there are which appear to me by the same means of evidence , or rule of interpreting , to belong to the same sense , though i cannot say of them as i did before , [ without controversie . ] for i see it is not only doubted by some , whether they do belong to this sense or no , but that it is resolved they do not : which resolution sure must be obnoxious to some danger , that i say no worse of it . the first of these places it , rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : we render it , they that resist shall receive to themselves damnation : but say others , it must be rendered judgement , as that signifies some temporary punishment which the higher powers may inflict , and nothing else : and this they labour to make appear by the words following : for rulers are a terrour to evill works , and he beareth not the sword in vain , &c. to which i answer , that there is no doubt made by me or any , but that rulers are to punish men for evill works , particularly that of resistance against them , and not onely that , but also crimes against our brethren , and god ; and in that respect it is added , v. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the minister or officer of god he is , and executioner for wrath , that is , punishment temporall to him ( indefinitely ) that doth evill . but doth it follow from hence , that either he that makes forcible resistance against the superiour or supreme power , or that commits any other sin ( which the supreme power is set to avenge or punish temporally ) shall incurre no eternall punishment ? if this new divinity should be entertained , it must be priviledge and protection to other sins as well as resistance and rebellion , even to all that any judiciall lawes have power to punish , for in these also he is the minister of god : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an avenger , or executioner for punishment , and there is no avoiding it ; but this must be extended indefinitely , or universally , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to any malefactour punishable by that power , or that comes under this cognisance ; and so by this logick , he that is hanged , may not be damned , what ever his crime be , an execution on earth shall be as good as a purgatory to excuse him from any other punishment . but then secondly , suppose a rebell escape the hand of justice here below , by flight , &c. nay , that he prosper in his rebellion , and get the better of it , that the king be not able to punish him , nay , yet farther , that he proceed higher , depose the king , and get into his place ; what {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is he like to receive , if that signifie onely the kings wrath , or temporall punishment ? sure this prosperousnesse of the crime must make it cease to be a crime , make it commence vertue , as the turks on their principles are wont to resolve it , saith busbequius , ep . — ex opinione quae turcis insedit ut res quocunque consilio institutas , si bene cadunt , ad deum authorem referant , &c. or else give it , ( though it be a sin never so great , and unrepented of ) perfect impunity both in this world , and in another ; and certainly this is no jest . for he that observes the behaviours of many men , ( the no manner of regrets or reluctancies in their course of forcible resistance , save onely when they conceive it goes not on so prosperously as it was wont , and the great weekly industry that is used to perswade all men of the continued prosperity of the side , as being conceived far more usefull and instrumentall to their ends , then the demonstration of the justice of it , mens consciences being resolved more by the diurnall then the bible , by the intelligencer then the divine , unlesse he turn intelligencer also ( i would we had not so many of those pluralists . ) will have reason to resolve that this divinity is the principle by which they move ; which if it be not yet brought to absurdities enough , then look a little forward to the conclusion , deduced and infer'd , v. . wherefore ye must be subject , not onely for wrath , but also for conscience sake . words by prophetick spirit added by the apostle , as it were on purpose to contradict in terminis that new interpretation . wrath signifies that temporall punishment , v. . which if it were the all that is meant by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , then how can it be true , that we must be subject not only for wrath ? certainly he that resists is not subject ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is all one with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and both directly contrary to {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word used both in the third and fifth verse ) and therfore if we must be subject not only for wrath , as that signifies temporall punishment , then he that resists , shall receive more then wrath , as that signifies temporall punishment . viz. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in our rendering , condemnation , if he do not prevent it timously by repentance : which sure is the importance of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but also for conscience sake ; that if he do it not , it will be sin to him , wound his conscience , binde him over to that punishment which belongs to an accusing conscience , ( which sure is more then a temporall mulct ) which is farther clear from the first verse of that chapter , the command of subjection . for sure every divine or apostolicall command entred into the canon of scripture , doth binde conscience , and the breach of it known and deliberate , is no lesse then a damning sin , even under the gospel , mortiferous and destructive without repentance , which is just equivalent to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he shall receive damnation in our way of interpreting it . so much for that first place . the second is cor. . . he that eateth and drinketh unworthily , eateth and drinketh damnation ( or as our margent judgement ) to himself , &c. this place i finde avouched for the confirming of the former interpretation rom. . that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies onely temporall punishment and thus , it is known the socinians commonly interpret this place , per {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} non sempiternam damnationem nominatim , sed suppliciū in genere intelligendum esse . volk●lius l. . de ver. rel. . l. . c. . that which is used to perswade this to be probable is that which followes ver. . for this cause many are weak and sickly among you , and many sleep , which belonging onely to temporall punishments , is conceived to be a periphrasis of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} judgement , which should seeme consequently to be so also : and indeed , volkelius hath added other proofs : . because the apostle speaks of any one single act of this sinne of unworthy receiving ( not of any habit or custome ) which he conceives not actually damning now under the second covenant , . because it is said ver. . and when we are judged , we are chastened of the lord that we should not be condemned &c. to these three ( and i know not that there are produced any more ) probabilities , i conceive clear satisfaction maybe given by those who affirm {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to contain in it eternall punishment ; though if it were onely temporall punishment , yet being sicknesse , &c. which are not inflicted by the magistrate , but by the hand of god it will not come home to that which was by master br. affirmed of the word in rom. . for this must be promised that we do not conceive it to signifie eternall punishments exclusive or so as to exclude temporall , but eternall and sometimes temporall too ( for so sure he that for his rebellion receives damnation , hereafter , is not secured from being hang'd drawn and quarterd heere ) or else eternall if be repent not , and perhaps temporall though he do by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as i said , i understand with hesychius {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} gods vengeance whether here , or in another world , but i say in this place both of them , ( and so ordinarily in the former also . this being premised , the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may still contain in it eternall punishments , ver. . though many for this cause of unworthy receiving did fall sick and die , ver. . for . they might both die and be damned too , or if , as volkelius saith the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , o●do●miscunt , sleep , be never used in the n. t. of those that are destined to eternall destruction , then still may this be very reconcilable without interpretation that many for this cause are weak and sickly , and many others sleep , god chastising some by diseases to reform them , and punishing others , who as volkelius acknowledges , were guilty onely of some single act of the sin onely with death temporall or shortning their dayes : which certainly hinders not but that god might punish others that did customarily commit this sin ( and perhaps with greater aggravations ) with no lesse then eternall death , how ever that it were just for him to do so , what ever he did it is plain by ver. . which is parallel to the . whosoever shall eat and drink unworthily shall be guilty of the body and blood of the lord , that is in volkelius his own words ipsum christi corpus ac sanguin●m contemnere & ignominiâ afficere ac quantam in ipsis est profanare proculcareque censendi sunt , shall be thought to contemne and disgrace , and as much as in them lies to profane , and tread under feet the body and blood of christ , which what is it but to count the blood of the covenant an unholy thing , heb. . . which yet there is used as a main aggravation of that sin , for which , saith the apostle there remaines no more sacrifice , ver. . it is apparent that the phrase {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} guilty of the body , &c. is paralled to the latine reus maiestatis used for a traitour , and sure signifies no lesse then a guilt of a great injury to christ , which how any man can affirme to be a sin to which no damnation belongs ( supposing no antidote of invincible ignorance or weaknesse , nor recovery by repentance nor gracious pardon of god in not imputing some single act of it ) i professe my self not to discerne , though i think i have weighed impartially all that is said of it . this sure will keep the first proof from being any longer probable , and for the second , ( or first of volkelius ) it is already in effect answered too , for though he that is guilty onely of some one act of this sinne found mercy , yet sure they that are guilty of the customary sin , may speed worse , and indeed of all indefinitly the apostle speaks according to the merit of the sin , as when he saith the drunkard and adulterer shall not inherit the kingdome of god . where yet perhaps he that is guilty onely of one such act may finde mercy . for the last proofe , i conceive it so far from being a probable one against me , that i shall resolve it a convincing one on my side , for if those that were sick , &c. were chastened of the lord , that they should not be condemned , then sure if they had not been so chastened , nor reformed by that chastening , they should have been condemned with the world ▪ and so their temporall judgements may be a means through the mercy of god in christ to free them from their eternall , but not an argument that eternall was not due to them , but a perfect intimation , that it was . the third place ( which is not indeed of much importance in it self , but onely is used to give countenance to the interpretation in the two former places ) is pet. . . the time is come that judgement must begin at the house of god . here , say they {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} judgement is that that befalls the house of god , the godly therefore but temporall judgements . to which i answer in a word , that here is a mistake in opposing judgement in its latitude to the house of god , when only it is affirmed by s. peter of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the beginning or first part of judgement : for of the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or judgement in this verse , there are specified two parts , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the first part , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the end ( or else the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seemes to sound in our english , the tail ) of it , as psal. . . the cup of gods displeasure , or punitive justice , is supposed to consist of two parts , . red wine ( or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) and . mixture of myrrhe and other poysonous bitter spices , called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , apocal . . . & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , matth. . . and both together , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} myrrhato , wine , mark . . now this cup is powred out , and tasted of indefinite by the godly some part of it , but the dregs thereof , i. the myrrh bitter part , that goes to the bottome , is left for the wicked to wring out and drinke : so that onely the tolerable , supportable , easie part of the judgement belongs unto the godly , but the end , the dregs , the unsupportable part , to those that obey not the gospel of god . or yet a little further , the beginning or first part , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of the judgement , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from the godly ( and so it was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) intimating that the judgement doth not stay upon them , but onely take rise from them ; but the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the second sadder part of it , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of them , ( or belongs to them ) that obey not , &c. so that still in this place also {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies gods judgement of this life and another both ; not of this life onely , to the excluding of the other , but one part in this life , another in that other ; and though the godly had their part in it , yet there was some what in the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that the godly never ●asted of , but only the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they that disobeyed the gospel of god , and this is apparant by the . vers. . for if the righteous {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , we read it scarcely be saved . it signifies ( by comparing that place with prov. . . where in stead of recompenced on the earth , the greek translation reads , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) bee rendred unto , or recompenced , i. punished in the earth , then where shall the ungodly and sinners appeare ? there are again the two parts of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , one {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , gods retribution to sin here , wherein the godly have their part , and the other his rendring to the wicked hereafter , and so neither of them the punishment of the magistrate in this life , as mr. bridg. out of piscator , contends to have it . rom. . and as it must be here also , if others speak pertinently , who use it to avoid that interpretation , which i confesse mr. br. doth not . they that are unlearned and unstable wrest the scriptures to their own destruction , yee therefore beloved , seeing ye know those things before , beware lest you also being led away with the error of the wicked fall from your own stedfastnesse , pet. . . . finis . notes, typically marginal, from the original text notes for div a e- {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . surect . his majesties message to the house of peers april . . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties message to the house of peers april . . england and wales. sovereign ( - : charles i) sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : . requesting the lords to proceed against the author and publisher of a seditious pamphlet 'a question answered how laws are to be understood and obedience yeelded'. the doctrine 'that humane laws do not bind the conscience' means the speedy dissolution of civil government. -- steele. with engraving of royal seal at head of document. reproduction of the original in the british library. eng sedition -- great britain -- early works to . government, resistance to -- great britain -- early works to . a r (thomason .f. [ ]). civilwar no his majesties message to the house of peers: april . . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit . ❧ his majesties message to the house of peers . april . . his majestie having seen a printed paper , entituled , a question answered how laws are to be understood and obedience yeelded ; ( which paper he sends together with this message ) thinks fit to recommend the consideration of it to his house of peers , that they may use all possible care and diligence for the finding out the author , and may give directions to his learned councell , to proceed against him and the publishers of it , in such a way as shall be agreeable to law and the course of justice , as persons who indeavour to stir up sedition against his majestie ; and his majestie doubts not but they will be very sensible how much their own particular interest ( as well as the publike government of the kingdom ) is , and must be shaken , if such licence shall be permitted to bold factious spirits to withdraw his subjects strict obedience from the laws established , by such seditious and treasonable distinctions . and of doctrines of this nature his majestie doubts not but that their lordships will publish their great dislike , it being grown into frequent discourse , and vented in some pulpits ( by those desperate turbulent preachers , who are the great promotors of the distempers of this time ) that humane laws do not binde the conscience ; which being ones beleeved , the civill government and peace of the kingdom will be quickly dissolved . his majestie expects a speedie account of their lordships exemplary justice upon the authors and publishers of this paper . ¶ imprinted at london by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill . . a sermon preached before the kings most excellent majestie, in the cathedrall church of durham upon sunday, being the fifth day of may. . by the right reverend father in god, thomas lord bishop of duresme. published by his majesties speciall command. morton, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before the kings most excellent majestie, in the cathedrall church of durham upon sunday, being the fifth day of may. . by the right reverend father in god, thomas lord bishop of duresme. published by his majesties speciall command. morton, thomas, - . [ ], p. by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : . probably printed later than stc a. (stc addendum). reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sermons, english -- th century. divine right of kings -- early works to . government, resistance to -- great britain -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the kings most excellent majestie , in the cathedrall church of durham . upon sunday , being the fifth day of may. . by the right reverend father in god , thomas lord bishop of duresme . published by his majesties speciall command . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . rom . xiii . i. let every soul be subject to the higher powers , &c. this argument of subjection is the subject matter of the epistle read this day , . pet. . which i have transferred to this text of s. paul , only for more apt method and manifestation sake ; which how seasonable it is for the occasions of this unseasonable and dismall time , alas ! it is too evident : a time , i say , wherein the seditious faction professeth forcible resistance against soveraignty for defence of religion . now therefore this text being a divine canon of christian subjection , it will be easie hereby ( through gods assistance ) to pull off the vizard of pretence of religion from the visage and face of rebellion it self . i propound to my self this theme to be discussed , to wit , that arms are not to be taken up by subjects , for defence of religion : for the canon it self teacheth us , . who is the subject ; [ let everie sovl be subject . ] . to whom ; [ to the higher powers . ] . the why , [ for there is no power but of god , and the powers that be , are of god. ] next , because contraries , being compared together , illustrate each other , the apostle useth this art ; for having prescribed subjection , he delivereth the contrary , which he calleth resistance , [ whosoever resisteth . ] this he sheweth what it is , both in the heinousnesse of the crime , [ he resisteth the ordinance of god : ] and also in the dreadfulnesse of the iudgement , [ he shall receive to himself damnation . ] these are the five stages of our future proceeding , which i therefore so name , because my purpose is ( god willing ) to hasten thorow them with all convenient speed i. part , who , [ every soul . ] every soul . ] by soul understanding ( by a senechdoche , as all know ) the whole person of man , as often else-where in holy writ . but what , every soul subject ? not i , saith the pope , and so all popes of after-times , for we have power over all powers , be they emperours themselves , to kick off their crowns with our feet ; to depose their persons , and to dispose of their kingdoms . nor we , say the popish clergy , for our function is spirituall , and therfore doth in it self , in all cases , challenge exemption . nor we , say the seditious conspirators , in the case of defence of our religion . i have therefore joyned the romish , and these other factious together , that it may be known , that although the romish , and the church of scotland , whereof these conspirators would be members , do dissent in religion , no lesse then antiquity and novelty ( for those points , whereof the new romane church have made a new creed of mo then xii . new articles of faith ) and differ also as much in some parts of gods worship , as religious from superstitious and idolatrous : notwithstanding they agree in this one conclusion of professing violent resistance , for defence of religion ; and in the most * principles conducing thereunto : insomuch that the conspirators , who otherwise hate our church ceremonies ( albeit most indifferent , and in use laudable ) even because they seem to them papisticall ; do neverthelesse , for confirming their seditious conclusions , alledge ; saying in these very termes ▪ the papists are witnesses , &c. howbeit this canon doth , in effect , give them both the lie , because the word soul signifieth the whole man ; and seeing there is no man either so spirituall , or secular , but he hath an immortall soul , incorporate in a mortall body ; it must follow that every man is obliged both body and soul to subject himself to the higher powers . and what powers these are , the context pointeth out by their symbol and ensigne , namely of him that carrieth the sword , even the temporall magistrate . and that this doctrine was both professed and practised thorowout the whole christian church for above . yeers , is manifoldly manifested by evidences registred in all ecclesiasticall records , whether they concern the greek or romane church . but we , at this present , may content our selves with two kindes , one from the greeks , even in their * commentaries upon this text [ let every soule , &c. ] that is , say they , every apostle , evangelist , prophet , &c if every apostle must be subject , then peter , then his successor , ( every pope ) then every popish ecclesiastick . as for the secular , it followeth in chrysostome , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. every other whosoever , &c. which is an acknowledged truth even of their own espensaeus , saying , * what greek authors did not hold , that the apostle hereby taught , that all the faithfull were to be subject to worldly governours ? ii. concerning the romane church , what need more then the * epistles of ancient popes , yet extant , which they writ to the emperours of their severall ages for above yeers , all * agreeable to the stile of pope gregory the first , sirnamed the great , in his epistle unto the emperour mauritius , one somewhat vexatious unto him , after this tenour , * ego indignus famulus tuus jussioni tuae subjectus . i. i your unworthy servant am subject to your command . here you hear his profession , will you see it in his practise ? the same holy pope being commanded by the same emperour to proclaim an edict , which although gregory thought it to be unlawfull in it self , yet held it necessary for himself to publish it thorowout his diocesse ; that done , he rendreth the emperour this his account , * serenissimis iussionibus tuis obedientiam praebui . i. i have obeyed your majesties commands . as for the other romane , both people and clergie , one would think that the dedication of this epistle [ to the romanes ] might instruct them to know their duties , thus , * to all that are at rome , beloved of god , called saints . what ? ( even this canon as well as any of the epistle els ) [ let every soul be subject to the higher powers . ] thus , then , but contrarily now ; and therefore so much is the church of rome , in point of subjection , degenerated from it self , so farre as that ( divers hundred yeers after this pope gregory ) when the archbishop of sens in france challenged the priviledge of immunitie from all subjection to the king , he was encountered by s. bernard , and arrested by vertue of this canon of [ omnis ●●ima ] saying , forget you what is written ? let every soule be subject to the higher powers . [ qui te tentat excipere , 〈◊〉 〈◊〉 decip●re . ] i. he that seeks to exempt , doth but labour to delude and seduce you . finally , whenas the pastors of the church catholike performed subjection themselves , for more then ● . yeers after christ , it can be no question but they catechised their people in the same canon and article of christian loyalty . this case being so plain , that any man may understand the necessitiy of subjection in everyman , our next quaere must be , to whom ? and the canon saith in the next , ii. part. [ to the higher powers . ] there were almost in all ages of the world divers kindes of powers and governments , which i need not rehearse , but the principall ever was the monarchicall ; whether it were by conquest , election , inheritance ( as the firmest ) or otherwise : and in the monarchicall have alwayes been divers degrees of powers yet so , that one was supreme , and the other subordinate ; which s. peter doth distinctly exexpresse , * be ye subject to the king 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the supreme : and to ( his ) governours , as them that are sent of him . i should now proceed , but the conspiratours do interrupt me , saying , that a difference would be put between private persons , taking arms for resistance , and inferiour magistrates , judges , counsellers , nobles , peers of the land , barons , burgesses , &c. where they confesse , that the magistrates , judges , nobles , &c. are all inferiour to the king : and yet argue , from the combination of all these , for resistance by arms . now hearken we to the canon , [ let every soul be subject to the higher powers ] but inferiors are under the monarch , as the higher , and so are they confounded out of their own mouthes . but they and the romish descend yet lower , as we shall finde , in discussing the reason why we ought to be subject to the higher powers , which is the next point , and ▪ iii. part , [ for there is no power but of god : the powers that be are ordained of god. ] therefore it is plain ( say we ) god requireth a loyall subjection . here again both the romish seducers , and these conspirators conspire together in defence of another principle , to wit , when they have no power of resistance in themselves , then to envenome and intoxicate the braines of the people with an opinion that the power is in them to resist by violence , when there shall be occasion . so say the romish , but why ? because , forsooth , * majestie is seated in the people , because the princes are made by consent of the people , and because st. peter calleth them humane creatures . accordingly the conspirators , as if they meant to be the disciples of papists ; their words are these : the people originally make the magistrate , and not the magistrate the people . and ( all this being supposed ) their conclusion is , for defence of religion against magistrates by the power of the people . then which there could not be uttered a more fo●d , false or pernicious conclusion , as the canon it self will shew from point to point . i. fond , for what saith the canon ? the powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ordained of god , that is , orderly constituted : but if , when the people have constituted a ruler over them , there remaineth in them a power dormant , upon occasion , to over-rule , and un-king , and un-make him , to whom they are subjects ; this were as unorderly and ougly a confusednes , in the bodie politique , as it would be in the body naturall to stand on it's head with the heels upwards ▪ their other objection is out of s. peter , for calling magistracie an humane creature , because of the choise of the people ; as if therefore by it the same humane and popular libertie might be dissolved : it is frivolous , because s. peter addeth there , be ye subject unto ( the same ) humane creature , for the lords sake . ii. if the doctrine be fond , it must needs be false ▪ and that more evidently by that which shal be opposed against it in the canon , which saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the powers that be are of god ▪ [ powers that be ] are they then once established ? then whatsoever the government be , they are of god , god owneth them , they may not be disturbed . for as silver , whilest it is mere plate , if it be tendred for exchange , may be either taken , or not , by the partie to whom it is offered : but if it once receive the kings stampe , and be coyned , it is currant money , and may not be refused . or as acts of parliament , whilest they are but voted , are but only consents , but after they have the kings royall assent , they become statutes , which may not be transgressed . so is it in governments ; as soon as any is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 created by man ( as s. peter calleth it ) it becometh ( thus saint paul ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gods ordinance , and may not be resisted . this lesson our saviour christ taught all christians , by his own example , who although he were lord of lords , and king of kings ; yet making himself ( as man ) subject to higher powers , he would acknowledge them , both in the supreme magistrate , and therefore he paid * tribute to caesar : and in his deputy pilate , as subordinate , to whom he giveth testimonie of his divine right , that he had his power from above , namely from god. which thing is so evident , that some * popish divines could not but perceive it . lastly here is made visible the pernitiousnesse of this infatuation by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the fourth verse , [ he carrieth the sword , ] to wit , one chiefe governor , but one sword : for albeit there be governours under governours , moe or fewer , yet because the subordinate are dependant , all upon the chiefe one , and doe execute capitall punishment in the name and authority of the highest , all are accounted but one sword ; and subalterna non contradicunt . but when as the people shall be making forceable resistance , there must be clashing of sword against sword. nay , and by this their learning , which we now hear , the sword is wrested out of the hand of the king , & put into the power of the people , that is , into the hand of a mad man. i have said this , and have good warrant for it ; for when king david , in the like case , — ( like case ? nay never was the like case heard of , namely , that a king was so injuriously cheated of a kingdome ) when king david , i say , was delivered from the contradiction of his people , he giveth thanks to god , that as he * stilled the raging waves of the sea , so he repressed the tumults of the people . comparing hereby the tumultuousnesse of the people to the raging waves of the sea ; and is therefore translated in our church-book more emphatically , the madnesse of the people . o mercifull , and powerfull god! grant , we beseech thee , the like experience of thy deliverance , out of the outragious contradiction of the people , unto our gracious soveraign , that he may likewise praise thee , the lord of hosts , in the great congregation ! i proceed unto the contrariety to loyall subjection , which is called resistance in the iv. part of this canon ; [ whosoever therefore resisteth the power , resisteth the ordinance of god. ] in these words you may perceive an act , which is resistance of magistracie , and the crime therein , which is resisting the ordinance of god. it is not , he that obeyeth not , but , [ he that resisteth : ] for there may be a lawfull , yea and a necessary not-obeying , as whensoever the immortall god shall command any thing , and any power on earth shal give it a countermand , then must the law of the earthen and mortall god be rejected justly . to this purpose the example of daniel is registred in holy writ . a law was signed by king darius , that none should make any petition to god , for certain dayes . daniel disobeyeth this law , he is cast to the lions to be devoured , he is delivered by gods angel : darius congratulateth his deliverance , and daniel justifieth his former disobedience , saying , vnto thee , o king , have i done no hurt . kings are not to think it any injury , or derogation to their royalty , that the king of kings be rather obeyed . king solomon saw the equity hereof , when distinguishing of heights of powers ( in the case of oppression of the people by unjust judges ) he said , there is higher then they : meaning the king , whom in that respect also he calleth the highest on earth , to whom the subject might appeal : but if the king will not , then to know that there is one higher then the highest , even god. thereby teaching inferiours that they must still vail to the highest . and our canon , which will have us subject to the higher powers , before the lower among men , doth by analogie instruct us principally to be subject to that higher power , by whom these powers are , namely ( as saith the canon ) by the ordinance of god. a case clearly resolved long since by the apostles ; for christ had commanded his disciples , to goe , and teach in his name ; the jewish sanhedrin inhibiteth them , saying , * teach no more in that name : they rejoyne , whether it be better to obey god or man , judge you . an answer so rationall , conscionable , and irrefragable , by referring it to the judgement and conscience of whatsoever adversary , that had any knowledge of god , as that it was an impregnable convincement . but we never reade of a lawfull resistance to governours , whereof the canon here speake●● ▪ for it is called a resistance of powers , and therefore it intimateth and withall condemneth a powerfull violent resistance , whether it be made by persons invaded , or else by persons invading ; for these two are to be differenced . the conspirators ( whatsoever else they might inwardly intend ) doe openly professe not to use any violence by armes , untill they shall be invaded : and therefore it is , that they palliate this their opposition with the name of a defensive resistance ; repeating againe and againe the word , defence . hereupon i am compelled to take up that out-cry of tully against tubero , for bringing men into the field , armed with speares and swords , quis sensus armorum ? ( saith he . ) what other meaning can mortall weapons have then mortall wounds ? except the conspirators would have us thinke , that there is more mercy in muskets and canons , then there could be in swords and speares : or that , if our king should be constrained ( which god forbid ! ) to dispute his right by armes , they would defend themselves without blowes and bloodshed . it will be no excuse for them , that there is a generation more rebellious then they , who invade before they be invaded , and that also in pretence of religion . these i need not name , they are to all the world so visible , both by publike invasions , and treacherous assassinations . for it is needlesse to reckon up unto you the romish often machinations to raise publike insurrections : the curse of god upon the last northerne rebellion is felt of this countrey inhabitants even at this day . as for assassinates , by popish and jesuiticall suggesters , the miseries of france , and horror at the sight of their kings , wallowing in their gore-blood ; the joy of england , for gods manifold and miraculous deliverances to our last queene , and king of blessed memory , together with the whole state of this kingdome , do fully proclaime . o that both these spirits of rebelliousnesse would now at the last abhorre the mischiefe of all violent resistance , by consideration of the grievousnesse of the crime ! which in the next place is to be spoken of , [ he that resisteth the power , ] what ? [ resisteth the ordinance of god ] that is , resisteth god himselfe . whence we collect a condemnation both of actuall resistance , and an habituall purpose of resisting . touching the former , both the romish seducers and the conspirators oppose , affirming and teaching , viz ▪ if that kings shall proove either tyrants to their owne people , or else persecuters of the professors ▪ of religion , then subjects may arme themselves , and make hostile resistance . this doctrine is most notorious in the romish schooles . the conspirators , inspired with the same spirit , will needs be thought to have an advantage from the verses following , because the subjection , here required , is prescribed in behalfe of governors ; who are said to be such rulers , who are not a terrour to good workers , but to evill : who are ministers of god for good , and revengers to execute vengeance on them that doe evill . hence the conspirators ; but tyranny and unjust violence ( say they ) is not the ordinance of god , and be that resisteth it , resisteth not the ordinance of god : for such rulers are a terrour to good workers , but not to evill . and the whole course of the apostles argument runs against resistance of lawfull power , commanding things good . we must therefore acknowledge tyranny to be the ordinance of god , and for good , or extrude it from the apostles argument . thus we see the ministers among the conspirators , as drummers in the campe , strike up their alarme to war and violence , and bewitch mens soules with that sophistication , which is called ignoratio el●nchi . and this poyson likewise they have suckt out of the quils of romish sophisters . that this may appeare to very novices in religion , i shall give to our adversaries their foure objections foure punctuall answers . the first is , that the powers , to whom subjection is required , by this canon , were indeed tyrants to their owne subjects , and persecuters of the christian professors . for were not these powers heathen governors ? were not the most of them cruell tyrants ? were they not all professed enemies to the christian faith ? and persecuters of the professors thereof ? this cannot be denyed ; but if any mans ignorance should gainsay it , we might instance in the emperour nero , who was the highest power in the world at this time . he , after the fift yeare of his empire , became so bloody a tyrant , even to his owne heathenish people , that they branded him with the blacke marke of a monster . and he was so vile and violent an opposer of christian religion , that his raigne hath beene registred ever since by christians to have beene their first fierie persecution ; whereof the holy pen-man of this epistle felt some sparkles : for ephes . . he displayeth himselfe , saying , i paul a prisoner of iesus christ . whence was that epistle written ? the subscription thereof saith , from rome . and the like we reade in the epistle to philemon . all this notwithstanding , s. paul requireth subjection to this , and to all other never so tyrannous governours . with what front or face then could these romish , and other seducers distort this text , for proofe of a rebellious conclusion ? their second ignorance ( if yet it may be called ignorance ) is , that they discerne not this their inconsequence , viz. the canon exacteth subjection to governours that are no terrour to good workers . ergo , to those that are a terrour to good workers , they owe no subjection . just as if , in chatechizing children in their duty to their parents , they should instruct them , saying , divine scripture commandeth you to reverence your parents , who bring you up in the feare of the lord : ergo if your parents shall vexe you , in your good doings , you must not yeeld any reverence unto them . thirdly , they will not see , that there is a temporall good redounding unto subjects , even under most tyrannous governours . i say againe , they will not see it , who name calvin , as standing for them : but onely name him , alleaging no place . now , will any doubt but that when they argued from this text , they did consult with calvin upon it , then whom ( upon this place ) they could not have a greater adversarie ? he saith , indeed , that the text requireth subiection to governours , for the good-sake that government bringeth : but doth hee contrarily conclude a no subjection , if they shall peradventure degenerate and turne tyrants ? his words are , * et ●amsi non rarò degenerant , qui principatum tenent , nihilominùs deferenda est eis obedien●ia , que principibus debetur . that is , although they should degenerate from the office of good magistrates , yet is the obedience due unto princes to be performed to them . but our conspirators acknowledge no good in the government of any tyrant ; notwithstanding that , calvin instructeth his reader in this point also , * quanquàm nè sic quidem abutuntur potestate suâ principes , bonos innocentésque vexando , ut non aliquandò ex parte speciem aliquam justae dominationis retineant . nulla ergo tyrannis esse potest , quae non aliquâ ex parte subsidio sit , ad tuendam hominum societatem . this his judgement is worth the translating . neverthelesse ( saith he ) princes , in vexing good and innocent subjects ▪ doe not so farre abuse their authority , but that they preserve some part of just government . therefore there can be no tyranny , which may not in some degree be an helpe and aid to the common-weale . so peter martyr , commenting upon the same text , hath these words ; nisi tyranni saevissimi aliquam habeant rationem juris , potentiam illam suam retinere non possent . and it is very true ; for if tyrants should not uphold the publike justice and peace , in some degree , they themselves could not subsist or support themselves . he instanceth in nero , cùm ipse imperio suo opprimeret orbem terrarum , tamen jus dicebatur , nec vis legum funditus eversa erat è rebus humanis . the difference therefore , in this case , between the incendiaries and calvin , is no more nor lesse then this ; they say that the argument of the apostle extrudeth ( it is their own word ) subjection to tyrannous governours : but hee denyeth this . and they reject the said governours , as if they were void of all publike justice : but he saith , there was never any such tyranny heard of . a fourth crotchet they have , namely , that if we be subject to tyrants , then must we confesse that tyrannie is the ordinance of god. so they collect , for want of spectacles , for so may we call a distinction ; ordinatio commissionis & permissionis ; one and the same man having both. n●r● a king , by gods ordinance of commission ; the same nero a tyrant , by gods permission ; yet permission not speculative onely , but ordinative , which useth a tyrant for to bee his flagellum , a whip for scourging the wicked ▪ as scripture teacheth ▪ and as god himselfe avoucheth of himselfe , by his prophet , saying ; * i gave them a king in my wrath . take you , for instance , unjust pilate ▪ ( of whom you have heard ) who albeit , by gods permission , an unjust governour , yet is acknowledged to be , by gods commission and ordinance , a governour , as one * having his power from above . and thus is the maine fort and bulwark of both the romish and seditious conspirators utterly demolished , touching actuall resistance , even against tyrants themselves ; how much more against the nursing father of our church , who is no way liable to so wicked an imputation ? as will hereafter appeare . the second kinde of resistance is that which we called habituall , in a purpose of resisting ; of which now . this i note , because of another notorious principle , held by both our conspirators . for the romish , they allow their professours sometime to performe subjection to protestant princes , but it is under this parenthesis of onely * the case thus standing : and , untill there be force to resist . which lesson the conspirators may seeme to have learned , who , whilest they wanted force , stood upon good termes of peace and subjection : but no sooner were they furnished with armes , but they began to threat ; which is as wilde and vile a piece of learning as the former , and commeth now to bee confuted both by text and context . the text saith ( omnis anima ) let every soule be subject : the reason why the denomination of the whole man is given ( animae ) to the soule , ( as aquinas glosseth ) is , because subjection should be ex animo . secondly , it is called the ordinance of god , who is the searcher of the heart , because he saith , concerning obedience to himselfe , give me thy heart . and that he will have as due subjection to cruell governours , as obedience of servants to their froward masters , none will make question . but concerning the du●y of servants towards their masters ; saint peter enjoyneth them to bee * obedient ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to their froward and perverse masters . and s. paul , that they * serve not onely the eye of the master , but in singlenesse of heart , as unto christ : for otherwise it is but brutish , like to the service of * horse and mule , whose mouth must be holden with bit ▪ and bridle . lastly , the context acknowledgeth , concerning subjects ; it is necessary you bee subject , not for feare onely ( namely , of the temporall sword ) but for conscience ▪ sake also : that is , for feare of gods vengeance , which this canon denounceth against obstinate resistants , as is now to be unfolded in the last part of this ▪ canon . v. part. they that resist shall receive to themselves damnation . the transgression being so hainous , the judgement must needs bee grievous ; and so ( indeed ) it is thrice-dreadfull : once , as being intolerable , signified in the word damnation ; wherein are comprised the two extremities of punishment : one of paine , which in scripture is shadowed under the metaphor of fire ; the other the extremity of continuance , for time ▪ expressed in the epithe● everlasting . next is the unavoidablenesse thereof , as it is in the canon , ( shall receive damnation . ) to wit , although such resistants shall escape the edge of mortall powers , yet if giant-like they will needs ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) resist god , he will at length be too hard for them , they shall in●allibly receive damnation . lastly , the judgement will be most just , to make them inexcusable , for so saith the canon , ( they shall receive damnation to themselves . ) that is to say , they shall be found guilty of their owne danmation , be their pretences in this life never so specious , as indeed they are . for both the romish and the conspiratours hold ( respectively ) that they , who shall die in their quarrels , are in the state of martyrs . their principles likewise agree , first , because they fight for conscience-sake . but why this ▪ because it is in ordine ad deum . yet why thus ? because in the defence of religion . so they ▪ and so their many deductions are so many seductions and delusions , as the canon will particularly and plainly discover . . to pretend conscience for resistance , albeit the apostle here in ver . . teacheth , that it is necessary to be subject even for conscience-sake . . in ordine ad deum , that is , in zeale to gods glory : as if that could be called ( in ordine ad deum ) which ( as the canon hath it ) is a resistance against the ordinance of god. lastly , to say that they resist for religion-sake , knowing that religion is in adherence to the revealed will of god , and that there can be nothing more revealed then this canon of a generall subjection to the highest powers : as also the reason against resistance , in respect of the crime , which is , resisting gods ordinance : and much more in regard of the judgement , which is damnation it selfe . and therefore can such resistants , dying in their rebellious quarrels , be but black-saints or martyrs : even as divers in the church of rome have been , whom ( notwithstanding ) their writers doubt not to beatifie in their books at large , even in these our times . one i dare be bold to name , garnet the jesuite , whom i knew at his arraignment to confesse , that he heard of the powder-treason out of confession ▪ and therefore was worthy of judgement ; and at his death he publikely exhorted the romish professors to avoid all acts of treason . now therefore it being confessed on all sides , that it is not poena , but causa that canonizeth a martyr ; we see by this one instance how prone the romish professors are to adopt for martyrs , as dying for conscience-sake , those who confessed themselves to die for guilt against their conscience : except , in so confessing , they doe but aequivocate ; and if so , then but aequivocall martyrs . but to come to the determination of the present cause , by two positions against aswell the intituled romish holy-leaguers , as the religious covenanters . the first is , that the souldier of christ his fight , for religion , must not bee by worldly force . the word sacrament originally among the romans was a militarie terme , signifying the sacred oath taken by the souldier , to be faithfull in his service under his generall ; and after translated , to notifie our sacred mysteries : as , at first , our holy vow in baptisme , for professing of our faith in christ , by holines of life , in imitation of our generall , christ jesus . he in generall proclaimeth , saying , * my kingdome is not of this world , else would my servants fight : which was spoken in relation of himselfe to his disciples ; and therefore wee see hee would not have them fight , no not for himselfe . but would any of his servants seeke to destroy any for his sake ? yes , the boanerges ( sonnes of thunder ) would have done so for his honour , when they desired fire from heaven to destroy the samaritans , for their contempt against their master ; because of his religion , for that he seemed to them to have set his face towards jerusalem ; that is , to have a purpose to goe up to the feast , there to solemnize the worship of the true god ; but notwithstanding were corrected by our generall , saying , * ye know not of what spirit ye are of ; i came not to destroy ▪ and what then shall the romish answer for their boanerges ▪ sonnes of powder , who not asking for , but acting and working a fornace of fire in a hollow vault , as from hell , to consume at once the king , and the whole representative state of this kingdome with a blast ▪ * a treason ( saith one of their owne historians ) of all other which either in our , or in any former age , hath been recorded : for immanity most monstrous , no age ever hatched the like . so he ▪ or what will they answer for the patron of all assassinates , pope urbane the second , ( called by the nickname of turbane ) who made a publick edict against those who should be excommunicated by the r●●ish church , ( ●● * all protestants are at this day ) authorizing private persons to murder them , saying , * non enim eos homicidas arbitramur , quos adversus excommunicatos , zelo catholicae matris ardentes , eorum quoslibet trucidasse contigerit , &c. another servant of christ , to rescue his master , would needs draw his sword , strike and wound an officer of the jewes , but was rebuked thus ; * put up thy sword , for all that take the sword , shall perish by the sword : that is , ought to perish by it . the second position may be this , that christians ought , in defence of their christian profession , to imitate christ their generall in passive obedience , in resisting the wicked world , by dying for the christian faith and religion , whensoever the alarme for martyrdome shall be ●eard . that one instruction of saint peter may alone suffice for this point : * if yee suffer for well doing , happy are yee , for hereunto are yee called , because christ suffered for us , leaving us an example , that we should follow his steps . here is as much as need be said : our vocation whereunto we are called , is to be souldiers of christ ; our warfare is by suffering ; our example is our generall , who suffered for us ; our victory is , as his was , the conquering of the world by an innocent death ; our end is blessednesse , for so it is said , happy are ye , &c. vpon which contemplation we are bold to affirme , that we have all this by the covenant of baptisme , ( the epitome of christian religion ) which appeareth to differ as much from the covenant of violent resistance , for religion , as doing resistance , and suffering ; as vocation and transgression ; as happinesse and damnation . it will be worth the while , to consider the good of persecution , for the profession of the true christian religion . the first is that miraculous good , which experience of the sufferings of the primitive martyrs hath brought forth , according to that saying , sanguis martyrum semen ecclesiae ; when the more the christians were massacred , the more they increased : and to work a multiplication of christians , out of the destruction of christians , is not this miraculous ? another good , wrought by god through persecution , is a vertuous and spirituall good , not only by way of purging the soul , but even by a spirituall power of christian warfare ; saint peter speaketh of the first , when he compareth persecution to * triall by fire , and the operation thereof to a purging , as gold is purged . and thus we may say , that thereby the ●oule of a christian is purged from the drosse of hypocrisie , and of carnall securitie . but our discourse is of a spirituall warfare , and such are our enemies , * we fight not against flesh and blood , but against , &c. and such are our weapons , * the weapons of our warfare are not carnall . and such our fight , * i have fought a good fight , speaking of his manifold afflictions . and such is our victory against all worldly force , even in suffering for the faith of christ , as is signified by that saying of s. iohn , * this is the victory which hath overcome the world , even your faith . and indeed this particular vertue and spirituall good is graphically set out by the apostle , ephes . . in the panoplie and spirituall furniture of a christian souldier : for , without that , the lustre of spirituall graces could not be glorious ; not the girdle of veritie , which we professe , nor the brest plate of righteousnesse , and sinceritie of a good conscience ; nor the sword of the spirit , which is an animositie in professing the same truth ; nor the shield of faith , which without persecution seemeth outwardly conspicuous sometime in an hypocrite ; not the helmet of salvation , which is hope , by a constant endurance of death in despight of the world , which is christian conquest it selfe . let not the conspirators say now ( as they have done ) that they who will not now take up corporall armes , for defence of their religion , they endanger their owne soules : and they are but worldly men ; they are gallio's , not caring for these things ; they are like festus , holding difference of religion to be but certaine questions , &c. for i shall aske them but two questions , one , whether they , who preach suffering for religion , rather then to rebell against soveraigntie ; or they that cry , arma virúmque , to preserve their bodies , be the more spirituall , and consequently more religious ? next , i demand , if that primitive christians ( who were innumerable ) had turned worldly souldiers , how should they have become those souldiers of christ , in remembrance of whom the church glorieth in her prai●e● , and glorifying of christ , chanting and singing , the noble armie of martyrs praise thee ! for , i hope , they will not dare to put on the rom●sh face , as to say they of the primitive church resisted not , because they wanted force ; whereof something is to be said by and by . in the interim , i would be rightly understood in this discourse ; my theme is directly against their pretence of hostile weapons for defence of religion : for though ( to speake in the generall ) it be lawfull for one kingdome to defend it selfe from the invasion of another kingdome , for religion-sake , where they are paris juris ▪ yet not here , where the condition of subjects to the higher powers is considered . againe , if such a case ( as hath been knowne ) be propounded , when the king or state shall give forts and castles to some subjects , for to defend and secure their profession of religion ; i may say , these cautions fight not at all with my former conclusion , grounded upon the divine canon of [ omnis anima . ] i cannot sufficiently discharge my taske , except i may be permitted to deliver three briefs ( that i may so call them . ) . a briefe confirmation of the former doctrine by antiquitie . . a briefe contestation , in behalfe of protestants . a briefe application to the person , who is now principally engaged . . the ancient catholike church , and mother of all churches christian , ought also to be acknowledged our blessed nurse , from whom we may suck the most pure and wholsome milke , which the innumerable multitudes of martyrs , confessors , and professors did ; who , notwithstanding the yeeres persecution for religion , never used , or professed any forcible defence . to this our romish adversaries , in behalfe of their parricides , shape us a briefe answer , to wit , that the martyrs , who suffered for christ , did want force of armes to resist ; which their answer they * themselves knew to be as false , as they would have it seeme to be true : because they could not be ignorant that divers apologies were then made , in the name of all christians ▪ unto those persecuting emperours , to remove from them all jealousie and suspition of disloyaltie , principally by this reason , that they having warlike power enough , yet held it a part of christian religion not to make any forcible resistance . * tertullian in his apologie beginneth with an absit ! god forbid ( saith he ) that the christian profession should revenge it self by humane force , although there can be no war made against us but we are fit and sufficient for it , if we would seeke revenge of our persecutors : nor should we suffer our selves to be slaine , unlesse that our christian discipline and profession , were rather to be slaine than to slay . so he. saint cyprian expressed the same christian profession ; * not to seek revenge against unjust violence , but to leave that to god : although ( saith he ) our people be excessive in number , &c. greg. nazianz. expostulateth thus against the persecuting heathen , * who is there of you all , whose life any of our people have endangered , albeit otherwise boyling with heat and anguish . saint ambrose , when the emperor invaded his kyrk , and the people were ready to make rescue , so farre as that the invaders could not have sustained their force ; * i restrained them ( saith saint ambrose , ) for prayers and teares are my armour , and i neither ought nor may make other resistance . in a word , the universall christian resolution was proclaimed in these words ; precamur , auguste , non resistimus ; which resolution of not-resisting our saviour confirmed , when he allowed his disciples not so much as any outward buckler , excepting onely * [ fuga ] flight from one citie to another : which is , by consequence , flie ; and therefore , not resist and fight . and , for the integrity of subjection and true loyalty , arnobius was bold to preferre christians before all the heathen subjects , even in the dayes of persecution , in the name of the catholike church of christ , in the point of true loyaltie ; vos conscios timetis , nos conscientiam . that is , in true sence , you gentiles performe your subjection , onely for feare your disloyaltie should be knowne of others , but we christians feare lest our conscience should accuse us before god. we may seale up this truth with the confession of three learned romanists . * the christians ( saith one ) did not abstaine from violence against their persecutors , because they wanted force . another , * it is not to be read , for two hundred yeers after christ , that christians used any forcible resistance against their persecuting emperours , though they were equall in strength ▪ yea , christians then held , that hereby they did prove their religion to excell all others in the world , and thought themselves therefore to be called christians of christ , whose doctrine this was , to obey magistrates . a third , and so i have done . christian martyrs ( saith he ) when , for multitude , they might easily have conspir'd against their cruell persecutors , yet bore such honour to kings & higher powers , that they chose rather to dye then to resist . and the consequence will hold , that if there were an obligation in christians , to professe subjection to heathenish powers , then are they tyed much more to be subject to christian magistrates , seeing that ( as the romish jesuite acosta confesseth ) omnes fatemur , & est per se certum , etiamsi barbari ad christum convertātur , eos tamen non iure suo excidere . the briefe of contestation , in behalfe of protestants , is an additionall , which the importunitie of the conspirators compell me unto , who * think they have the right hand of fellowship , in this their sinister cause , with those who are accounted amongst protestants , stellae primae magnitudinis inter suos ; luther , calvin , beza . concerning calvin , i shall desire any covenanter to answer but this one question , whether they thinke it any-way lawfull for any subjects to make resistance against such their tyrannous governours ? and we may heare calvin answer , that * the word of god teacheth , that howsoever it is that governours be established , yet being once constituted , they are to be obeyed , although they do nothing lesse then that which appertaineth to their office ? and are to be held in the same honour and dignity ( in respect of publike obedience ) as if they were of the best , so he , and , for example , he instanceth in nabuchodonosor , whom god commanded his people to obey , albeit he was a most wicked and cruell tyrant . then applying this to all after times , he admonisheth all subjects , to have alwayes this example in their remembrance , to the end , that they may thereby extrude all seditious fancies out of their mindes . and , for a better impression ; this reverend and pious affection ( saith he ) we are continually to bear to them , whatsoever they themselves be ; because ( which i do ( saith he ) again and again repeat ) they carry that person upon them by the will of god , whereon god hath imprinted and ingraven an inviolable majestie , so he . * iii. a brief application . the necessity of the matter exacteth of me the heads , which are to be mentioned , and the proportion of a sermon commandeth me not to exceed . cankred jealousie , the stepdame of vnity and verity , hath so transported these conspirators , that they have all this while laboured , by arguments taken from the condition of impious , irreligious , and tyrannous kings , to justifie their rebelliousnesse against the mirror of morall vertuousnesse , the lamp of religiousnesse , and miracle of clemency and patience : besides , ( in morality ) his wisedom , temperance , charity , iustice , conjugall fidelity . each of which radiant and excellent vertues , if they were in any one eminently , would greatly enoble him in the estimation of all good men . now all these being conspicuous in this one , what but black malice can cast a cloud upon such brightnesse ? but to return to the points in question . the principall oppositions they here make , are an empeachment of their liberty and religion . where could ever that exclamation more justly have place , prob hominum fidem ! they will grant ( i dare say ) that his royall father , our late gracious soveraign king james of blessed memory , did deserve , before any other prince , in his time , the title and sweetest of posies , rex pacificus ; of which the orator said , dulce quidem nomen pacis , res verò ipsa longe jucundissima . but our king , having inherited this his fathers vertue , hath so improved it by his clemency ▪ in publishing a late proclamation , with such conditions of peace and graciousnesse towards these conspirators , as may ( if comparison should be made ) put all former ages to silence , and be an astonishment to all posterity . . we have referred the contemplation of religion to the last place , to the end it may be more lasting in the memory of the hearer , concerning a prince so religious in himself , that if we shall call him the most religious of kings , what king could take exception ? and then so favourable towards the conspirators themselves , as to yeeld unto them whatsoever they have called religion , excepting onely the extruding of episcopacy ; which nothing but ignorance , irreligiousnesse , and heresie can condemn , as unlawfull . volumes might be written in the justification of it ; i will epitomize all that i might say hereof in one sentence of s. hierome ( a father who wrote sparingly of the dignity thereof ) who speaking of the apostles times , saith , that it was then instituted , * vt capite constituto schismata tollerentur . that is , that a bishop being made an head in his diocesse , schismes , which are ingendred in parity , might be removed for the time past , and prevented for the future . but how now ? episcopacy by these conspirators must be taken away , although two most pernicious vipers shall take life by this their resistance , schisme in the church , and sedition in the common-wealth . the god and lord of hosts , who hath in his hands the hearts of kings and subjects , still incline our soveraign to love and graciousnesse ; and those his subjects to remorse and thankfulnesse ; and crown this his expedition with an honourable , dry , and peaceable victory , for his sonne iesus christs sake ! to whom be all glory , praise and thanksgiving , now , and for ever . amen . finis . notes, typically marginal, from the original text notes for div a -e * principles which have been collected out of the books of the romish sect , and papers of the conspirators , received from an authentique hand of an honourable lord in scotland , and intituled , the times require that the points following be pressed upon the people , &c. * chrysost . and after him , theod. euthem . oecum . theoph. * apostolus docet omnes credentes mundi potest●…ibus esse subjectos , nempe , sive apostolus , &c. — ut tenet chrysost . euthem . theod. & qui non graeci ? espen . in tit. . . digress . . pag. . . paris anno . * epistles , which are recorded by b●nius , as of pope leo the first , epist . . & . of simplicius the first , ep. . of felix the third , ep. . of anastasius the first , ep . of pelagius the first ▪ p . these before gregory , and after him martinus the first , ep . agatho the first , p. ad heraclium , hadrian the first . ep. ad constant . anno . * as is to be seen in my book intituled , causa regia . * greg. lib. epi. . * idem ibid. ep. . * rom. . bern. ep. ad epi. senonensem . . pet. . * p●rsons in his dolman , the french jes . lib. de jure abdicationis ; majestas regni sita est magis in populo ▪ quàm in persona regis . pag. . didymus non populus in principum gratiam factus , sed principes in populi gratiam creati . rainoldus de justa authoritate ; rex humana creatura est , quia ab hominibus constituta . the moderate answer to doctor morton ; people made election of kings , &c. ● ▪ pet. ● ▪ . * matt ▪ ▪ . joh. . ▪ * royard in dom . in . advent . rege constitute , non potest populus jugum subjectionis repellere ▪ et cunerus lib ▪ de offic. . princip●● ▪ sive electione , sive postulatione , vel successione , vel belli jure princeps fiat , principi tamen facto divinitus potestas adest . * psal . . . dan. . eccles . . * act. . , . * calvin in locum . * ibid. * os● . . * joh. . * sit cautio ad●ibenda , ut vires 〈…〉 nt ad ●oc idon●a● s●bd●●● , alioqu● in ●eli●ion●● catholicae praej●●i●tum ●●d 〈…〉 . cr●●well in his philopater . ●gaine , sub●●●● obe●i●n●●am s●am praeb●ant r●●i●ae pro praesent●●●●u● statu . ibid. modo vi●●s ●is s●pp●●unt . bannes in thom. . qu . art. . so also others of them . * pet. ● . ● . * ephes . . . * psal . . ● . * joh. ● . ● . * luk. . . thuanus anno dom. * bulla caenae . nos excommunicamus omnes lu●herano● , h●g●notto● , zu●ngl●●nos , &c. * urban . papa r●sc●●pt . de occiso●i●us excommunicatorum , ad god●● idum : extat ap●d ●vonem . * ma● . . ● . * pet. . . * p●● ▪ . . * 〈…〉 * 〈…〉 * 〈…〉 . . * ● 〈…〉 . ● . . * b●ll●r . l. . d● po●ti● . ● . ● . & ● . alan ●● his moderate defence , and others commonly . * t●rt . apol . . * 〈…〉 * 〈…〉 * ambr●● lib. . ●pist . ●● auxent . * 〈…〉 . ● . a●●ob . con . g●●te● . * b●●●laius lib. . contra monarchom . c. . * tol●ssanu● lib. . de r●p●b . cap. . cunerus de offic ▪ p●ine c. . aco●ta j●s . de indor . salut . lib. . cap. . * see his majesties large declaration ; where the confessions of all the reformed churches are alleadged against them : pag. . and pag. . where the profession of the present reformed churches of gen●●● , 〈…〉 , and others , is avouched , ●● 〈…〉 dislike of this scottish covenant , as being to them offensive , and scandalous , and of dangerous consequence to religion . * ●●b . . iust . ca. sect . . * as for luther , methinks the conspirators should stand to their own collection out of luther , in his determination of this question ; whether it were lawfull for the germanes to resist the unjust violence of the emperour ? and his resolution is , they may ▪ but mark his reason ; because his authority is limited by a joynt power of the princes electors : wherein ( saith luther ) it differeth from the monarchicall government , such as is that of france and england . and will any scottish have scotland go for lesse ? beza also teacheth it to be the duty of every man to suffer injury , and to know that there is no other remedy for those that are subject unto tyrants , but prayers and tears , and amendment of life . adding , that in this case , a privatis lominibus non multùm absunt inferiores magistratus . beza confess . fidei . * hieron ▪ seasonable reflections on a late pamphlet entituled a history of passive obedience since the reformation wherein the true notion of passive obedience is settled and secured from the malicious interpretations of ill-designing men. bainbrigg, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) seasonable reflections on a late pamphlet entituled a history of passive obedience since the reformation wherein the true notion of passive obedience is settled and secured from the malicious interpretations of ill-designing men. bainbrigg, thomas, - . [ ], p. printed for robert clavell ..., london : / [i.e. ] attributed to thomas bainbrigg. cf. bm. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng seller, abednego, ?- . -- history of passive obedience since the reformation. church and state -- great britain. government, resistance to. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion seasonable reflections , on a late pamphlet , entituled , a history of passive obedience since the reformation : wherein the true notion of passive obedience is settled and secured from the malicious interpretations of ill-designing men. malè dum recitas incipit esse tuum , mart. london , printed for robert clavell , at the sign of the peacock in st. pauls-church-yard , - . reflections on the history of passive obedience . what must we do , must we be always reading and writing ? will pens and presses never give over ? it was pleasant of late to see men generously undertake the defence of the protestant religion , and the vindication of the despised , and almost ruin'd church of england . they did it effectually , and they undertook it by the best principle , for the honour of god , and the safety of religion ; for this they ventured their credits , their fortunes , their lives ; they knew they had malitious adversaries , and curious and prying into secrets , and such as would and must discover , who they were who durst speak against error , when supported by a king , and maintained by all the art and sophistry of priest or jesuit , yet they wrote , and certainly did well in writing ; for they have carried their cause , and shewed to all the world upon what good grounds the protestant religion stands , and how excellent is the constitution of this church of england . something must be owned to be due to their labors for the clear understanding that the nobility and gentry of this nation have of the cheat and mischief of popery , and it may be from thence many who have been unconcerned and indifferent for any religion , have taken courage to act heartily for truth against error , and perhaps thereby they have help'd to give a stop to the designs of some very ill-minded men. in all this it must be acknowledg'd that they have done very well , as became divines and scholars , men of religion and men of knowledg . why now may they not take their rest and quiet ? their enemies are vanquished and fled away , and one would think that there should be nothing left in this nation , but their friends and admirers . but it is not so , they have enemies , not open in the streets but sculking in corners ; such as will not , perhaps cannot , or perhaps scorn to speak for popery ; but they have malice ; and can envy the success of a conquerer , throw dirt at him , or give a secret wound to him . these now come from under their bulks and lurking holes . and since they will do no good ▪ resolve to do evil , and will be at the pains and cost of writing and divulging of tales or stories , or histories : to what purpose , or what end they themselves dare not tell . but we must guess , that they have a design to blacken some very good men. that is the reason ( as far as we can guess ) that a book is lately sent abroad entitled , the history of passive obedience since the reformation . certainly never was any thing called history written to so little purpose , so little instructive or pleasing . why must so much pains be taken in the perusal of sermons , popular discourses and lesser tracts , to find out , and report to the world what such and so many men have said upon this subject ? they have writ excellent things , and those many ; but all of them it seems are insipid to the palate of this searcher ; save their delicious touches of passive obedience . this looks odly and seems to come from spleen , melancholy , or some hypochondriacal affection ; for at this time of the day , we have no need of passive obedience , or any discourses about it . god has delivered us from our dangers , and the dismal miseries which hung over our heads , he has given us a deliverer , an excellent prince , under whom our laws , our rights , our fortunes , our lives , our religion are all secure , and ascertained to us ; we doubt not to have justice , and all that honestly our hearts can wish . he gives us parliaments , and leaves them to their freedom ; he sets over us upright judges ; and allows us to have honest juries . he will not be any other sort of king , than what the constitution of this nation requires ; who is one that can do no wrong . and if he neither will nor can do wrong , but lets the affairs and interests of his people be conducted in the methods of justice and righteousness : here can be no suffering , but for evil deeds and as evil doers . here can be no hopes of the crowns of martyrs , and no use at all of passive obedience . why then does our author drudg and m●yl ; tire himself , and tire us , that we may have before our eyes , a whole history of passive obedience ? he knows the subject is sad , and melancholick , grievous to flesh and bloud , and but just tolerable to reason fortified with the best religion ; it is the last resort of the wretched , and perhaps the heaviest burden that ever god laid upon men. it is a duty we grant it , but such a one as cannot always be practised , nor ought it at all times to be discoursed of ; because it carries fire in its tail , that which may heat and inflame the angry and froward . the talking of this can never be seasonable , but when it is necessary ; it is to come out as mahomets banner does , to serve a turn , when all things else fail . as long as we can serve god and man too , there is no use of passive obedience . and as long as there are fair hopes that our duties may not clash one against the other , it is not good to move people to prepare themselves for sufferings . as long as we can obey , we must obey , and as long as we obey we shall not suffer . but if a prince will command things unjust , unreasonable , against law , against conscience , against religion , we can no longer obey him , because we must obey god , and there we are under a calamity most deplorable , that we must suffer by the rage and fury of man , because we do our duty to god. at such a time as this passive obedience becomes necessary , it ought to be practised , and it ought to be preached ; for men must know that it is their duty rather to suffer than to obey , and they must resolve within themselves so to do . thus s. irenaeus , s. cyprian and s. augustine ▪ and all the chief bishops of the primitive church taught their people . and to the lasting honour of the church of england , her divines have done the same , as our laborious historian has shewn beyond contradiction or doubt : this was well done , but why are we told all this ? here we must stop awhile , and lament the misfortunes of the late king james . certainly never had any prince worse counsellors before his desertion , nor ever had any worse advocates since . his counsellors persuaded him to go on in ill designs , because the preachers taught the people the duty of passive obedience ; that is , that he might do any ill thing , because the people out of conscience to god were moved to be willing to suffer . and here we have an historian , or advocate , for the cause of king james , who thinks to be friend him by telling the world , that so many of the chief of the clergy , for so long time together , did preach passive obedience . now it is as clear as the day , that there can be no exercise of this duty , nor ought there be any popular exhortation to it , but at such a time , when there is a very ill prince , and a miserable people ; what then would our author have ? does he design to publish an everlasting blot upon the memory of the late king james ? does he design to tell the world , that he was resolved to do mischief to his people ? that nothing could correct or retain him ? that he would go on , tho the pulpits sounded out passive obedience , and his people were taught that there was no hope of justice or equity from him , and that they must think of suffering and dying rather than obey him ? this is severe ; it will furnish out a worse character of king james than any of his adversaries have yet given him ; it will justifie the recession of his people from him , and show to posterity how it came to pass that so easily and suddenly he fell to the ground . for who can read all these so many pleas , advices , instructions , exhortations to passive obedience , but he must reflect upon the causes and reasons of them : and if he does so , he will be forced to think , that at that time wicked counsels governed , and lawless violence prevailed , and that the whole nation was clouded with a dismal appearance of oppression , persecution , and tyranny . for seeing that a prince ruling by law , and with justice , cannot be put off with any thing less than active obedience , and nothing can exercise the passive obedience of subjects but vile , and base , and wicked commands contrary to law and religion ; we must either blame those preachers for amusing their auditors with needless thoughts of unjust sufferings , or we must blame the late king for giving too much cause for just and reasonable fears of them . now what can be said in his behalf to acquit him , no man has yet told us . but our historian has effectually vindicated the preachers ; he every where commends them and their writings ; this he tells us was well said , that excellently , that incomparably . he likes their doctrine , and finds no fault in the timing of it : and likely enough he had reason to believe the doctrine as proper to the time in which it was delivered , as it was true in it self . if so , the late king is again deserted by this historian , as well as by the rest of his people ; and his cause , like himself , falls to the ground ; for why must he do ill things , and why must he load his people with dreads of worse ? why did not all this noise about passive obedience awaken him ? why did he not give stop to his proceedings when his people owned so loudly their fears of mischief ? could he think it a small thing to make his people miserable , or to be thought one that would do so ? all this was intimated by those sermons and tracts . from thence he ought to have taken warning to desist , and his counsellors ought to have persuaded him to it ; for certainly popular discourses about passive obedience are as instructive to a prince to move him from designs of doing ill , as they are to the people to engage them to be willing to suffer wrong . from hence i am forced to blame our historian for perpetuating the memory of these discourses : it were for the honor of the late king that they were forgotten . those excellent divines would never have revived past actions , or the grievous sad thoughts which they had , when they composed or delivered their excellent arguments and persuasions for passive obedience . they could wish from their souls , that they never had occasion for them , tho they are ready to morrow to write the same things upon the same grounds , which with good reason they hope that they are not like to see as long as they live . why then does the historian take pains to collect all these things together ? he can do no service to the late king by it , and he does not seem to design the honor of the preachers . it is hard to guess his meaning : but if he tempts out an ill thought , he must blame himself . he gives us nothing else to think , but that he might be one of the adepti , one of those who knew the secret ; for in the late times ( they tell us ) there was a secret. the ministers of state , they say , who knew the resolves of the court to be harsh and severe , made it their business to persuade men to preach and talk up passive obedience ; that what could not be done by the power of the king , might be gained by the easie submissions of the people . this was machiavel to purpose . it is sad and lamentable that so excellent a doctrine should be abused by such designs of naughty men. if our author was one of their instruments , and knew what he did , he can neither excuse himself to god nor man. i will undertake for our excellent divines , whom he commends , and i and all others must do the same , that they were never thought so base as to be trusted with the knowledge of such a pernicious design . they out of honesty and sincerity preached against rebellion , and persuaded men rather to suffer , than obey evil commands ; but they would not for all the world that the innocent and conscientious should be cheated of their lives and fortunes by any discourses of theirs . therefore when it was proper , they preached up this doctrine , but when it was not , they let it alone ; because they would not have the people to rebel , nor would they give encouragement to such as might be willing to oppress them : in both these things they did their duty both to the king and to the people . it had been well if others would have done the same , and spoke as plainly to the king , as they did to the people . but it was very ill done , if done at all , to persuade the king that the people of england were so subdued by the doctrine of passive obedience , grown so tame and easie that he might do what he would ; pull down and set up what religion , what law he pleased . it is certain that all the preachers in the world could never persuade them to this ; for tho the people be loyal , and willing enough that the king should have his dues , yet they were never thought a nation of asses , fit only to bear burdens . as they are not born slaves , and by the constitution of the nation ought not to be made slaves , so they have more spirit and wit than to suffer themselves to be cheated into slavery . their forefathers , for many ages , have made a difference between the king and his counsellors ; tho they would suffer the one , yet they would not suffer the other : and certainly the men of this age should not be thought so dull as not to distinguish between honoring the king , and obeying father petre ; and that tho all the protestant preachers had talked of nothing else but passive obedience . for preachers can do no more than tell the people their duties , and they must ▪ tell them all their duties ; but if they stretch beyond , and require more than they ought , the people will find it out , and will not part with their rights for a word , tho it sound never so well . but they did their duty , they preached passive obedience not slavery ; they would have men to be true to their king , but not false to their god , or false to their country ; this was understood , and their doctrine was received kindly , and practised faithfully . thence it came to pass that all sorts and orders of men prepared themselves for suffering ; some of all ranks actually did it : for , nobles , judges , magistrates , gentlemen , citizens , burgesses , every where took up the cross , and chose rather to suffer than to obey , that is , do what by law , and reason , and conscience , they ought not to do . this was well . but others went beyond these : for , tho they suffered much , yet they seem at this day to be grieved that they did not suffer more : they had so fixed their thoughts upon the performance of this duty , that with a scrupulosity not to be presidented , they take no pleasure in their deliverance , because they have lost the opportunity of dying for their religion , to gratifie no very commendable humor of their prince . these are very extraordinary effects of the doctrine of passive obedience , and such as may be accepted : but some men will be satisfied with nothing ; for our historian is angry , and it is likely the politicians of the late king , his jusuits and his priests , are angry too , inasmuch as their expectances are not answered ; they have not all which they designed , and hoped for ; the nation is not enslaved ; they have it not in their power , to cast church and state into a new model , and to give laws to the people of england , as well as they did to the late king. this is cause enough to make men angry , for they have lost a rich booty , and such advantages as they are never like to get again ; besides , they have lost their credit and reputation , so as never before happened to men of their fineness in sophistry and contrivance , and that by a despised , clot pated people , such as had no higher reach than to do their duties to god and to their king. thus righteousness ( god be blessed ) must sometimes triumph in this world ; honesty and probity have their successes as well as slight and craft , and may they always have so . but tho the jesuit had cause to be angry at this , yet why should our historian ? we know him not , and cannot guess what designs he had , nor how his plots are defeated ; but yet he is angry , and as much as if he had lost a good bishoprick or a good deanery . he gives us a history , and sets a preface before it , and a conclusion at the end of it : the head and the tail are his ; he frowns and bites with the one , and then he stings with the other . he tells us that he finds passive obedience much in writings , little in practice ; that we must acknowledge to our shame , that this , with other doctrines , are more illustrious in our books than in our lives , ( preface p. . ) but then in the seventh page of his preface he has a long sharp biting character of certain persons , which is to be read one way , and to be understood another ; for tho it seems to say no ill , but to provide for the acquittal of all , yet it is so phrased , that according to the modern figure called innuendo some readers will find in it a very severe reproof , and others a mere calumny . all this comes from anger , and something worse ; and it shews that the design of our historian was not to teach the doctrine of the church in this point , what it was in it self , how it ought to be stated , by whom it had been owned , and by what arguments it had been proved , and who had best cleared it from objections , mistakes , and misapprehensions . this had been a work worthy of an historian . but this was none of our author's business ; they are the writers upon this subject that have offended him ; he would do them a mischief , shoot at them in the dark , and wound them in secret : he would have the world to think , that they and their writings , their lives and their books , do not agree : he desires nothing else but this , and seems resolved to have his point whether his reader grant it or no. at the first onset in his preface , he says it boldly , and says it with advantage , that they ought to be ashamed it is so . then he gives us a large catalogue of the sayings of excellent persons transcribed out of their books , but does not give us one word of their lives ; nor does he tell us , whether all of them are alike guilty , or only some : nor does he give us any one action of any one of their lives to justifie his reproof . this is certainly a gross dull way of calumniating ; should another imitate it , with that indignation would he read , and despise the author ? for suppose another should take for his theme , murder , or adultery , or drinking , or swearing , or lying , and gather together out of his writings , and out of all his friends , his acquaintance or neighbors writings , and many others too , all they have said against any one of them , suppose it be lying only , and compose as large a history as this ; and then say in a stout scornful preface , that we must acknowledge to our shame , that a sense of the sin of lying is more illustrious in our books than in our lives . such a thing as this might be done ; but when it is done , it can tend to no other end , but to beget an opinion in the readers , that such and such writers , all of them , were a pack of lying knaves . now this were basely done , our author would think it so were it his own case . horace makes an instance of a like treatment , and with indignation says of the practice , that it was meer canker and venom : hic nigrae succus loliginis , haec est aerugo mera . ser. lib. . sat. . had our author annexed to his history the due praises of those who had performed their duties , of which sort he might have found many amongst the lords spiritual and temporal , and amongst the commons too ; and then given us the grounds upon which he judged that others failed in theirs , he would have deserved thanks for his remarks , as well as for his history ; for then his book might have done good , by exciting some to repent for what was past , and others to be more cautious for the future . but to give a stop to this sort of discourse , let anger be gone , and all unwarrantable passion laid aside : i will now endeavour fairly to consider our author's notion of passive obedience , and accept in it what is to be accepted , and take the freedom to oppose what i judge not defensible . as for the sayings of our excellent divines , i will not prejudice my thoughts by the reverence i have for their authority : i will not therefore consult their words , lest i should be tempted in the proceed of the dispute to shelter my self under their great names ; and so perhaps i may engage a whole army to fight , when a single duel , or a small skirmish , may put an end to the action . first then i and my adversary must shake hands , we will agree as far as we can ; and where we cannot we must wrestle it out . i will therefore grant several things that are in his preface according as they appear in the pages : as pag. the st . first , that the doctrine of passive obedience , or non-resistance of our lawful superiours has been a doctrine founded in the holy scriptures : and recommended to the christian world by the practices of our saviour's more immediate followers , and that the church of england hath asserted the principles of obedience to princes , as the best ages of christianity owned and practised it . secondly , p. d . i will grant too , that it is the duty of every christian actively to obey his superior , in things lawful ( so that the last word be duly interpreted ) and that it is the duty of every christian in things unlawful to suffer rather than obey . and i will grant further all that s. paul says , rom. . . whosoever resisteth the power , resisteth the ordinance of god , and they that resist shall receive to themselves ▪ damnation . thirdly , p. th . i will grant too ; that these doctrines are not apostolical and such as ought to be preached in all the world. first , that power is originally in the body of the people . secondly , that the foundation of all government is laid in compact , &c. thus much we give , and that freely , and it is enough to satisfie any fair adversary . but yet i must tell him , that when he has all this , he has no reason to censure , reproach and blacken the lives and actions of so many excellent persons : he has no ground from thence to disparage the late revolution , or to think himself able to wheedle us into an opinion that we have done ill , and that we ought to repent much rather than give thanks to god or man for the happiness we enjoy . certain it is , that when the effects and consequences of those general doctrines come to be seen in the practice of men , as some may slinch from their duties , and do too little ; so others may require more than duty , and expect too much . for the interests of this world blinds as well on one side , as on the other : and he that censures most boldly , is not always the most just and impartial man. defeated ambition can easily charge ambition , and worldly mindedness upon a prevalent party ; and spite will throw out as freely , and as goodly words as plain downright honesty can . let us then consider these three things again : first , obedience . secondly , non-resistance . thirdly , the origination of power ; and see if we can frame clear notions of these , and find out the particular distinct duties , which men must be obliged to , in consequence of them . . then as to obedience ; it 's plain that this is due to kings , to all that are in authority ; and that by laws , by oaths , by the laws of god , by the laws of men ; the publick good , and the interests of nations require it . without this there can be no government , and the people have more need to be governed , than a king can have to govern ; therefore they must obey not so much for wrath , out of fear of punishment ; but for their own sake , for conscience sake , for god's sake , and for their countries sake . this is to be given frankly and fully ; with all chearfulness , and upon all occasions , in all instances where it is possible . nothing can be pleaded in bar to it , but onely want of power . if the laws of god , or the laws of the country , which oblige us to obey our kings , make obedience in some instances morally impossible , then we must not obey , because we cannot ; for what we cannot lawfully do , we cannot do at all ; but where we are at our own disposal , not under previous necessary obligation , there publick good , law and reason require us to obey without reserve , trick or device . for we must do what we can to support government , and to carry on the ends for which men are incorporated into bodies politick . therefore in doubtful matters we must obey , as far as ever we can , and never omit our obedience , but where the cause is most clear and most urgent ; there is no excuse , no exchange to be made , but the duty must be paid in kind . suppose that a great part of the people should take up a resolution not to do , but to suffer , a prince would have a very ill bargain , if he accept the one in exchange for the other . for their sufferings can do him no good , and he and his people too may be undone for want of their doings . he must have assistance to repress the thief , the robber , the murtherer , to secure his people from pyracies and invasions . besides what a shame it is , that princes should be so basely employed to find racks and gibbets , and halters , and hangmen for their people : they have their power for nobler ends , to defend , to save , to do good , to give praise to them that do good , rom. . . and when they execute wrath , they must do it upon the evil-doer , and that with this design , that they may save many , by taking off a few : or else all their executions are stark naught . there cannot therefore be a bargain driven between king and people , of giving and taking sufferings instead of doing , for kings must be obeyed and the people must obey ; the one cannot punish , and the other cannot suffer , but upon account of transgression , and the law declares the greatness of the fault , and the extent of the punishment . but yet some are apt to think , that subjects may be acquitted of their duty to their prince by suffering as well as by doing ; and when they have called the one passive obedience , and the other active , they say the prince is obeyed , and has his due , and ought to be satisfied . this seemed once to be a fundamental in the quakers doctrine , who would take a cudgelling , a whipping , a slashing or imprisonment , with a great deal of satisfaction , whilst they would make themselves a distinguish'd people from others , by unaccountable humors and fansies , and tho they gave disturbance to their neighbours and trouble to the government , yet they would think themselves good subjects , and very much obedient to the prince only because they suffered . this was and is a gross mistake ; for they that suffer , suffer because they do not obey ; the prince , the judg , the executioner , they themselves , all think they do not obey , for neither would he punish , nor ought they to suffer , if they did obey . but because they will not obey their prince , he punishes , and they suffer . the prince therefore in this case has no manner of obedience . but let us consider further , tho we cannot barter with a prince , and give him suffering instead of doing , yet we may be obliged to suffer , and we may obey in doing , and obey in suffering for so doing , and that obedience may be called passive obedience ; tho in truth and reality all the obedience which we perform in this case is active . for we obey one , and suffer from another ; we obey god , and suffer from man , or we obey man , and suffer from god. but because god hath commanded us not only to do our duties , but likewise has commanded us in certain cases not only to do , but to be ready to suffer for so doing ; our obedience to this command of suffering has been called by some passive obedience . now this is great and noble , and speaks an excellency of spirit , which is most admirable , for men to do well , and to continue in so doing , whatever they suffer upon that account . but as it is noble , so it is hard and difficult . it is hard to be bound to confess christ before men that we may gain heaven , and at the same time to be forced to lose all that we have on earth for so confessing . this sets body and soul at variance , nay the soul is confounded in it self , whilst hopes and fears engage one another in a severe conflict , the one would gain , and the other would not lose , the one pulls upwards , and the other downwards ; upon this account the thing is difficult . but yet we must remember that for all the difficulty , it is very practicable , because it has been always required , and always expected . no philosopher would ever allow him to be a good man , who would flinch from his duty upon the account of suffering . to do so ( they say ) is slavish , and it is one of the rules of the pythagoreans , that in the exercise of vertue a man must have nothing of the slave in him , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he must have no regard for any thing but his duty . hierocles p. . tully in the d of his offices will not allow it possible for a man to be just , or honest , or good who fears either poverty , or pain , or banishment , or death it self , so as to be warped from right by the fears of them , or by the hopes of any advantages that are contrary to them . horace , ( that very easie man , who can never be thought by a heathen to be an over-severe directer of ( conscience ) expects from his just and good man , that he should bear up against tyrant and rabble , and suffer all that their rage and fury can throw upon him ; and yet not veer in the least from his point , but go on in his duty , steddily and firmly . justum & tenacem propositi virum , non civium ardor prava jubentium , non vultus instantis tyranni mente quatit solidâ . this principle of suffering in a good cause for the sake of vertue , goodness , and righteousness ; or of doing our duties , notwithstanding that we must suffer , lies so open and clear to the reason of mankind ; that men of worth and honour in every age , could not fail to practise it . and we christians are bound to the observance of this duty , as others were before , by the reason of the thing , as well as by precepts of christianity . whatever principle a man has , and whatever he accounts a duty , if he will be true and faithful , just and upright , it may sometime or other bring him under suffering ; and he must be content with it , because it is base and unworthy in certain cases not to do it , it is a betraying of our consciences , a forfeiture of all the good opinion that we can have of our selves . now , if this be true , and this be called passive obedience ; that must not be looked upon as a peculiar of christianity , or a new doctrine introduced since our saviour's days ; much less can any particular church appropriate the rule to it self , because it lies in common to all mankind , and has sometimes been practised by the little as well as by the great . some perhaps may have just cause to complain of false casuists , and base corrupters of the genuine sense of right reason , and true christianity ; but when they have done it , they have onely reproved a gross fault , they must not expect any great honour , for having had a right notion of a plain truth . if we would speak clearly , we must confess that our blessed lord has not heightened this duty , for he can expect no more sufferings than what pain , and beggery , and death signifie ; but as a most gracious and tender master he has made all these much more easie and portable than ever they were before , and that in several ways ; as first by giving us most gracious promises of reward in another world in case we are called to suffer , matth. . , , . secondly , by assuring us that assistances of god's grace come in to our help , whenever we do suffer , matth. . , , phil. . . thirdly , by giving us such thoughts of god as are most powerful to support us under all sufferings . for what can dismay him , that will think with s. peter , that he who suffers as a christian , or suffers according to the will of god , he may commit the keeping of his soul to god in well doing , as unto a faithful creator , pet. . , . these things are beyond philosophy , and they are mighty supports to all christians , who must suffer for well doing . these would acquit the justice of god , if he had required sufferings as sufferings , and made them so necessary means of salvation , that he would accept of none into heaven , but such as came thither as martyrs through a flaming fire , or a sea of bloud . but god is not so fond of suffering , as to require them for their own sakes . we are not bound like baal's priests to cut and flash our selves , that we may please our god. we are not bound to move others to cut our throats , or to threaten to kill them , if they won't kill us , as s. augustine tells the circumcellions did . we ought not to give advantages and opportunities to wicked men to execute their wicked purposes upon us . in times of persecution we are not bound to go out of our houses , and provoke an inraged multitude to throw us in the fires , or to the lions . this rashness has been condemned by whole councils ; though at some time we may and must leave father , and mother , and house and land , and life it self for christ's sake and for the gospels , yet at other times we may keep them as well . tho the first christians ( acts . . ) did rejoice , that they were counted worthy to suffer shame for christs name ; and as it is heb. . . they took joyfully the spoiling of their goods . yet they did as much rejoice , and gave hearty thanks to god when they suffered neither . we must suffer , when we are called to suffer ; but we are not bound to call to god to send sufferings upon us . we must take up the cross , when it lies in our way ; but we are not bound to go out of our way to find one ; and when we do take it up , we must remember to follow christ , who took it up when his hour was come ; before that he oft withdrew and preserved himself from imminent dangers . and at the very last he ceased not to pray to his father , that the cup might pass from him . we are not to bring upon our selves needless sufferings , because we are always bound to pray to god , that he would not lead us into temptations , but that he would deliver us from evil ; and we are alwayes bound to believe that god is both able and willing to deliver us , and that too at such times , when we know not any particular means , by which deliverance should come to us , cor. . . pet. . . dan. . , . we may and must suffer sometimes if it be the will of god ; and we may escape , if god will find out the way , and then we must accept of the deliverance , and we may as well please when we so escape , as when we suffer . it is not the suffering , but the cause that makes the martyr . if we suffer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 matth. . . to give testimony to the world of our sincere faith in the christian doctrine , we may hope to be accepted ; if we suffer for righteousness sake , we have a promise to be happy ; if we suffer for being true , just , or honest , we may commit our souls to god as to a faithful creator ; we do well , and are satisfied in our own consciences that we do so , not because we suffer , but because we persevere in doing our duties to the end . now if men will call this passive obedience they may , for here is obedience , and here is suffering ; many advices and exhortations seem to move for this ; and it is certainly worthy of the best thoughts of the divines to teach it , to persuade the people to be ready upon occasion to practise it ; it is in it self excellent , praise-worthy , as the apostle says , a duty which god and right reason requires of us ; our blessed lord , and his apostles both taught and practised it . all the primitive christians , who had the glory of being martyrs and confessors , acted from an intire submission to it . all sorts of men see their obligation for it ; which heathens derive from a sense they have of probity ; christians from faithfulness , simplicity and sincerity . kings as well as subjects are bound to the practice , when ever it can become their duty , that is , when ever their unhappy circumstances are such , that they must either suffer , or do something which they account extreamly base , wicked , or unjust . this the glorious martyr king charles the first owned to be a truth , and sealed it with the last drop of his bloud . the duty is laid upon all ; the interests of mankind require that it should , for without the observance of this rule , all would be base , and slavish , and degenerate ; there would be nothing of vertue , or praise , or honour amongst men. but to leave this , there is another sense of passive obedience , as it is used to signifie a peculiar duty of subjects towards their own prince ; it is a duty which princes do not owe to princes , nor private persons to private persons ; for though they may suffer and die , each by the means of the other , yet the sufferer is under no such duty as can be called passive obedience ; upon which account the duty meant by the word in this sense is quite a different thing from what it was in the former . it comes in as a subsidiary duty to supply the place of another , which in certain cases we cannot do . it is that which princes take instead of obedience , and as it comes from subjects , it is sometimes called loyalty , and sometimes submission , and sometimes obedience , but with such a distinctive mark before it , passive obedience , which speaks it not to be that which is ordinarily meant by the name , but a very different thing ; sometimes it is explained as if it were no more than non-resistance , and sometimes as if it were a more excellent duty . but however it is named or explained , certainly there is a great duty owing from subjects to princes , and that not onely to the good , but to the bad , not onely when they rule according to law , and require nothing but what is just and right : but when they go beyond law , and reason , and command some things which are against conscience and religion , then they may be obeyed in all things else , though they can't be obey'd in such particular points , though the prince does not thereby lose his right , nor is the subject less subject in all things wherein he ought to be so . the command of god is , that we are to be subject to the higher powers ; and a like command is , that we are to profess christ before men . if the prince will command us to deny him , we we cannot obey in that point . but yet we may be subject in all things else ; we may live peaceably and quietly at home , if we be permitted to do so ; we may give the prince all those dues which st. paul reckons up ▪ rom. . that is , tribute , custom , fear , honour . we may love him , and trust him too , as long as he will be a friend ; but if he will be an enemy , we must love him , though we cannot trust him . we cannot indeed do any thing that is base , and wicked , to gratifie his humor , his rage or fury ; yet we may and should fight for him against all enemies forein and domestick , to preserve his person , and secure the good of our country , when it is not beyond all doubt that he employs us as instruments of injustice and wickedness . thus the christians did under julian ; they served him against the persians , and they would have served him in any executions of right and justice ; but they would not have condemned the innocent , or cut the throats of the good , nor yet have done any thing toward the subversion of christian religion , though julian himself had commanded them . but where they cannot fight for , they are not to fight against ; though they cannot assist , yet they are not presently to oppose . papinian the lawyer would rather die , than make a plausible speech to defend a bad action of his prince ; but yet as long as he had lived , he might have held his tongue , and said nothing against it . it is a duty to cover the nakedness of a father , and of a prince ; many things may be ill done , and many should be born , and suffered patiently , many should be allowed upon the considerations of humane frailty , passion and indiscretion ; what may be ill done may be repented of , and so ought to be pardoned and forgotten . subjects pardon one another , and oft beg the king's pardon , and so may very well pardon their king too ; because as he hopes better from them , they may hope for better from him . the common offices which charity requires from one private christian to another are certainly as well due to kings ; subjects must look upon themselves under obligation to suffer long , and to be kind , not to behave themselves unseemly , not to seek their own , not to be easily provoked , not to think evil ; to bear all things , to believe all things , to hope all things . if these duties were but well discharged towards princes , all the rest that can be truly comprehended under the name of passive obedience would be much more easie . let subjects do these sincerely and heartily , and stop a little and think ; they will soon find , that they must yield more , and give greater allowances to princes than to fellow-subjects ; because they are higher powers , they are ordained of god , they bear the sword , they are to execute wrath upon them that do evil ; and they are to give praise to them that do good . these things are of high consideration , and they should beget in the minds of people a great awe and veneration for the persons of princes ; for infinite are the advantages that every single man receives from the administration of justice , and the distribution of rewards and punishments . what if praise and wrath sometimes mistake their way , and the first flies to the evil and the latter to the good ? this is no more than what god 's own thunder does , as far as we can understand . the best marks man may sometimes miss , and the worst hit the mark. when we undertake to vindicate god's providence , we are forced to bring in extrinsick pleas ; and when we have done all , we confess that we do not understand the reason of events ; but we believe that all is well , because all comes from god. if we did but use a little of like submission when we examine the actions of princes , in many cases we may be content to say , that we do not understand ; thereby we shall shew not only a reverence to them , but a reverence to god too : they are but men , and may oft fail , and are always fallible ; they do mistake , but the cause of their mistakes are mostly from subjects ; these design and contrive one against another , and misrepresent , and the prince hears from them , and sees by them ; and the law provides punishments for those misrepresenters , and acquits the prince , because it seems impossible that one man should find out such a number of honest and good men to supply all the trusts which he is to provide for , and never be cheated with one knave ; therefore if such a one will crowd in , the prince is abused , and it cannot be help'd ; but the knave is to be punished , and the prince excused from blame . besides , the work and business of princes is the hardest and most difficult that any sort of men upon earth have ; because they have so many to order , and so many to defend ; so many to reward , and so many to punish ; so many that expect from them , and so many that must be disappointed in their expectations ; so many to deal withal that are false and base , and so many that are dull and sluggish ; so many knaves and so many fools . upon these accounts , and many others innumerable , princes ought to have all favour , and all reasonable allowances in miscarriages ▪ all fair abatements for mistakes and errors in the choice of ministers and instruments that are to serve the interests of the commonweal : for it is certain that all the laws ▪ rules and methods of conducting publick affairs , which the wisdom of ancestors for thousands of years have found out , will not answer all the behoofs of a kingdom . old rules are oft laid aside , other expedients found out , and new laws made : all the prudence , and all the wisdom in every age , when best imployed , is little enough to keep government steddy , and the people in good order ; to repress the outrages of the factious at home , and give stop to the contrivances of ambitious enemies abroad , princes therefore are to be supported , defended , excused , pleaded for , as long as any plausible pleas can be made for them : it is not enough that they are not taxed , censured , reproached , calumniated , blackened ; but there is great reason that they should be gently treated , kindly dealt withal ; the best construction and the fairest interpretation is to be put upon the●● actions . law makes the persons of kings sacred , and their actions are not to be examined without great respect and veneration . if subjects suffer ( not altogether according to rule ) loss of goods , of honors , of powers , they may and ought to bear it patiently , as long as they see any thing like reason for it , if they can but think that the good of a nation requires it , that the necessities of humane affairs will have it , or that their sins against god call for it ; they do well to indulge themselves in all such meek and humbling thoughts ; thereby they will really practise two great duties of fearing god , and honoring their king. thereby they shew their abhorrence of plots and conspiracies , of the counsels of the factious and seditious ; that they have no part with those who would overturn kingdoms and states , princes and people , religion and laws , to greaten themselves , to advance projects and devices , tricks and humors of their own . they shew that they are good men whilst they submit their private concerns to the publick good ; and they shew themselves to be good subjects , seeing they in reverence to their prince bear all that which in reason can be thought tolerable . they that do this , do a great duty , a thing very commendable in it self ; it is that which god requires , all that which the interests of princes can need , and as much as the good of a kingdom can allow . the excellent divines of the church of england have endeavoured with all care and attention to ingraft this upon the hearts and minds of their auditors ; and they have had extraordinary effects of their labors : for if all things be fairly considered since the beginning of k. james's reign , it may perhaps be found , that no nation in the world did ever deport themselves with greater submission , resignation , and hearty obedience toward a prince , than this has done . view the actions of his parliament , of the nobility , gentry , chief burghers ; reflect upon their fears and jealousies ; and let him that can , challenge them for the least provoking action , or neglect of their duty , until all things tended to confound him and them too , about the time of the fatal desertion . for what could the late king wish ? what could he desire ? would he be great and powerful ? formidable to enemies abroad , or enemies at home ? he had all things at pleasure ; his parliament gave him monies beyond example largely ; his nobility raised him forces ; the commonalty readily offered their lives to serve him : he had hands and hearts and purses of all orders of men at his command ; each strove to outvy the other in loyalty and dutifulness . he had the best opportunity that ever man had to be great , if he could have been contented to have been king of england , or would have considered that he was a king of englishmen . why should he think his people to be fools or rascals , that they would part with their laws or religion for an humor , merely because he thought that they might be as well without them ? their forefathers had for many ages past laboured hard to get their laws fixed fairly and evenly betwixt prince and people , for the good of both . and their religion , at the reformation , had singular advantages to be cleansed from all the corruptions which folly and vanity had brought upon other churches : and the professors of it have in all times since been as industrious and curious to find out ; and as free and impartial to discover any thing that looked like mistake or error in the first settlement , as ever men were . we have all that christ and his apostles taught ; all that the primitive fathers recommended as christian doctrine . we can part with nothing ( as the papists own ) because all we profess is pure and simple christianity ; and if we would take in what they have superadded , we must submit to a most heavy burden of gross cheats and errors . but yet the late king would try , he would make the experiment whether we would be willing to part with our laws and our religion : he would use his art and policy to get them from us , and he has had the unhappy fate of projectors . upon this account our historian is not satisfied with what we have done or suffered . he thinks himself concerned to lay before us so many sayings of our eminent divines , on purpose to convince us , that we have not yet fulfilled all the measures of a passive obedience : he would have it thought , that we have apostatised from the doctrine of this church ; or , as he says , that this doctrine is more illustrious 〈◊〉 our books than in our lives . the truth is , we are not hanged ; the northern heresie is not yet extirpated ; we are not put into the condition of french refugees , that we should be forced to leave our goods , and fly from our country to save out lives . our church is preserved , and we are delivered from the rage and fury of petulant enemies . we bless god for this . if he be grieved , let him find out that fool who is willing to be hanged to gratifie his humor with a scurvy sight , or to put him into a better mood . neither can god nor man please some persons . passive obedience is a duty , but it is no further a duty than god hath made it to be so ; it is large enough of it self , it will not endure to be put upon the tenters ; if you stretch it never so little , you will make that which is good in it self to be stark naught : it is a vertue as long as it stands upon its own grounds ; if it steps beyond those , it is no longer a vertue , but a fury . we must obey we confess , and submit to suffering , as far as god and reason call for it ; as far as publick good and the constitution of the government requires it . but must we not only submit , but court suffering ? must we expose our selves to it ? run upon it ? make it our care and business to find it ? a certain divine has said , and hand in margin directs us to note it , that obedience we must pay , either active or passive ; if we can't do one we must the other . but it was not his mind that we should pay sufferings just as we do money , go at a certain time and place and tender it , and then be sure to give good coin and full tale. we may not pay , we may escape , we may get away from mischief : our savior has given us leave , when they persecute u● in one city to 〈◊〉 into another . can any man be so barbarous as to blame the french refugees for following that rule of our saviour ? they have fled out of the dominions of their prince , and saved their lives ; and if they could , they would have saved their fortunes ●oo , and not paid him one farthing of that passive obedience . do they sin in this ? are they disobedient for this ? men submit to the outrages of a prince , and so they do to a fever , or the plague ; and tho they submit to god's providence under those calamities , yet they use all fit and proper means to lessen , to abate them , and if possible to be recovered from them . in the utmost extremities of subjects , and highest insults of princes against religion and right , many things may and ought to be done . . they may make their defences , and plead their causes . thus did s. peter , and thus did s. paul , and thus did the primitive fathers when they could be heard ; and when they could not , they published their apologies , and made the people judges between their prince and them , by disclosing the merits of their cause to all the world. our savior himself encouraged them to this by promising to give them a mouth and wisdom , which all their adversaries could not gainsay . he promised them too the best advocate that can be , the holy spirit to speak in them and for them ; and that too when rulers and governors , kings and princes should appear against them : matt. x. . . ye shall be brought before governors and kings for my sake : take no thought what ye shall speak , for it is not ye that speak , but the spirit of your father . our reverend bishops , when of late they were brought before judges , i think for christ's sake and the gospel's sake , they did not wholly abandon themselves to the will of their prince , nor so act as if they thought it duty forthwith either to do or to submit , either to pay him active or passive obedience ; for when they could not do the first , they did what they could to avoid the second . they stood upon the defence , and used the best mouths ▪ and best wisdoms , the best pleaders and advocates in the nation , to justifie their actions , to clear up their innocence . and tho that vindication of themselves did more affect the interests of the late king than if they had raised up arms against him : yet do i not hear that any one of them has repented of it , nor do i see cause why he should . . but then further , they may pray to god to find a way for their deliverance . all grant that preces & lachrymae , prayers and tears , are weapons which the christian always may , and upon all occasions ought to use ; but yet the stretchers of this doctrine , ere they are aware , seem to extort these from us : for if it be our duty to give unto our prince either so much in active obedience , or in lieu of that , so much as is equivalent in his opinion , of passive , we cannot pray to god for deliverance ; because we cannot pray to god to free us from giving to our prince his rights , or to deliver us from doing our duties . . we may accept of deliverance , and that in ways extraordinary without making the strictest examination of all the niceties , doubts , scruples which may occur in the case . thus certainly st. peter did in that remarkable action related , acts . he left his chains , his goal , his guards , and followed his deliverer ; tho he had all , and many more causes for scruple , than those which now adays give so much trouble , and seem so insuperable . for first , he was committed to prison by his king ; upon that account , he might have thought it his duty to obey in all things lawful , and patiently to submit in the rest , or else according to the other way of expressing it , that what he could not give to his prince in active obedience , he ought to make up in the passive . secondly , his king went in the way of justice , and designed to bring him to a tryal . upon that he might have thought , that a secret withdrawing of himself would disparage his cause , and in the opinion of others speak him guilty . thirdly . his king acted in behalf of the established law , and religion ; josephus tells us , he was one who had a great zeal for the jewish constitution , polity and worship . upon that account st. peter might think , that his king acted from conscience , according to his duty , in prosecuting of him , and therefore he was bound at the command of his king , to declare plainly and openly , upon what grounds he a private person undertook to draw people off from the settlement , and a long and most legally established worship to a new one , especially he could not but see , what himself taught , pet. . . that it is the duty of every christian to be ready always to give an answer to every man that asketh a reason of the hope that is in him . fourthly , the case of his guards , of the keepers of the prison-gates was most deplorable , he could not but see that his escape would be charged and revenged upon them : upon that he might think , that he ought not to do evil that good may come of it ; to save his own life , he ought not to give cause and reason for executing of so many innocent men. fifthly , there is another thing , which though much less , yet may give matter of scruple ; for what will not ? that in this sudden flight , it is not likely that he should pay his jaylor for fees or diet. upon this account he might think , that his honesty would be questioned , and he would be accused of doing wrong and defrauding another of his dues , and that other christians who should afterwards be committed , would suffer hardship and ill usage for his sake , and therefore he had better stay where he was , and give his jaylor , and his prince , and the law , all they could require , and take from him ; and so pay down a compleat passive obedience in full measure and tale by dying , to gratifie his prince's humor ; and expect the reward of his action from god. this he might have thought ; but he did not , for he followed his deliverer out of the prison , and took care to make good his deliverance , by absconding for near five years after , as computers reckon it . had he been under those strait boundaries of conscience in this case , which others think they are ; had he had their rules of duty ; could he have seen it to be his duty to stay in prison , and suffer according to the will of his king ; he could not have followed his deliverer , though he had been an angel , gal. . . and he could never have prevailed upon himself to have believed , that an angel of god would have moved him to act contrary to his duty . he accepted of deliverance , and the whole church that then was , blessed god for it ; and in like cases so may and ought others to do , and that without penetrating into all the grounds of nicety and scruple , which men seldom do , but when they design to seem extraordinary ; and then usually they refine upon morality , and set down rules of duty , which neither humane nature can bear , nor christianity requires , and for the most part they are against the good of societies , and do alike mischief to kings as to subjects . seeing then we are not by gods law so abandoned to the will and humor of a man , though he be our king , but that when he proceeds in methods of doing wrong and injury , of ruling by power against law ; we may flee from him ; we may plead our cause and right against him ; we may pray to god to give a stop to him ; and we may accept of deliverance from him . we must say that the modern doctrine of passive obedience is stretched beyond its bounds ; for we are not obliged to make it our business to give and pay him that , which he has no right to take ; we are not obliged to put our selves into his way , and give him opportunity to cut our throats . we are not obliged not to move others to intercede for us , and if they can with justice , to defend and preserve us ; we are not obliged to refuse a deliverance , if it comes to us . but if force prevails , and we are to be knock'd down by violence , against right and justice , we must take care to fall as decently as we can , submitting to god's providence , and giving all respects to our king as far as our case will allow , if our calamity comes from him . for this will bring credit to our memories , and to our religion ; and may do good to others who shall be in our condition , by appeasing of wrath and displeasure , how unjustly soever conceived against them or us . i will end this discourse with one remark upon the case of isaac . he was a noble instance of a very extraordinary obedience : he submitted entirely to the will of his father , and of his king ; for abraham was both to him : but yet the praise of that wondrous action related gen. . falls to the father , and not to the son. much is said of abraham's faith , and little of isaac's obedience : whatever other reasons there are for it , one is very obvious and plain , that it might not be a president from whence kings might measure their rights , and subjects their duties . so much of obedience , active and passive . the next thing to be treated of is the doctrine of non-resistance . this our historian tells us has been avowed by the church of england ever since the reformation ; preachers and writers , have declared for it , and that with a great deal of warmth , and much advantage , especially in latter days . upon this account he would have it thought , that men have swerved from their principles , and that this doctrine , as well as the other , is more illustrious in writings than in lives . now this censure i challenge to be very hard and unreasonable , because it does not appear , that those men who preached up non-resistance before , have ever preached for resistance since ; nor have they who persuaded others to non-resistance resisted themselves . the preachers suffered in king james his time all that he laid upon them , and that with patience enough ; and since his descrtion ▪ they have had no temptation to speak either of resistance or non-resistance : for the truth is , that this is one of those sort of doctrines , which is in the text , but is not yet got into the creed ; it may come into the pulpit , and may be kept out of it : it will neither do king nor people good , but when external emergencies call for it . in peaceable and quiet times , when law and justice flourish , and there is little complaining either in house or street ; if preachers harangue upon non-resistance , they puzzle and confound the people , and give 'em ill work , to find out possible causes of resistance , and to examine the grounds and reasons for non-resistance . but when the people grow peevish and froward , quarrelling and complaining against , daring and designing upon the government ; then the doctrine of non-resistance , and s. paul's text for it , may be brought forth to awe and scare them , to terrifie and affrighten them , to allay their heat and fury , and to bring them to a more discreet temper , to the exercise of christian patience and modesty ▪ upon this account many have much commended the labors of the church of england divines in the late times of contrasts and oppositions , of plottings and counter-plottings , because they did much good in supporting of the government , and for the restraining of the madness of people , and toward the prevention of intestine broils and civil war. but yet seeing the preaching or not preaching upon that subject is matter of prudence , and depends upon times and seasons , and many by considerations , from whence it may either do good or harm : it must be confess'd that sermons of that sort were not every where received with the like favour and submission . because some feared that great evil to the kingdom and nation might come from them , inasmuch as they naturally tended not only to tame and subdue the people , by allaying their zeal for their civil rights and interests ; but likewise they might embolden evil ministers and counsellors to set the king upon the pernicious project of making his advantage of the subjects good nature and easiness toward the subverting of their religion , laws , rights , and the enslaving of the whole people . for that reason many said , that the preachers were too warm and went beyond their boundaries ; for they ventured sometimes to treat upon matters that were only to be concerted betwixt the king and his people in a parliament ; they did not think that the magna charta was against the law of god , tho it is not altogether the same with samuel's declaration , sam. . they did not think that god would damn men for defending and securing in all just , and fair ways those rights which they have received from their forefathers , by vertue of a national constitution , that has remained one and the same for some hundreds of years . they observed , that there is but one text declaring the damnation of subjects resisting ; but there are hundreds that threaten as highly kings and governors , and potentates who are injurious and oppressive of those that are under them . now if charity govern men in the choice of that subject , and it be designed to save the souls of the people from damnation ; they wished that there were intermixed a little charity toward the souls of kings , that they too might be rescued from the damning sin of oppression . and it was thrown our ( with an under correction ) that if kings would venture against so many texts upon gods pardon , to enlarge their powers , the people might as well venture against one to preserve their rights . besides , it was somewhat sharply and angrily said by the men who had been intrusted in parliaments and in the management of publick affairs , that seeing the clergy challenged spiritual powers by vertue of the text , and would not allow kings or parliaments to limit , abridge , or straiten their rights ; they might well leave the temporal power to the text too , which is the law of the land , and the proper interpreters of it , which is a parliament ; and not presume dogmatically to determine against the use of that which at sometimes is the onely natural and necessary means to obtain and secure to themselves right and justice . thus men differed and spake their thoughts freely concerning the usefulness and effects of those discourses , especially as to the point of prudence in the timing of them . but yet whatever they said , it is manifest that the preachers designed no base or mean thing , to betray their countrey , their religion , or the laws , to the arbitrary disposition of the king , whilst they persuaded to christian patience and submission , because the same men that preached up non-resistance , did with courage and spirit enough in proper time and place appear in the behalf of the laws and the established religion , both against popery , and against all unjust usurpation of the peoples rights : and if at other times they did any thing toward the correcting a tumultuous and rebellious humor , to prevent civil war and confusion ; the nation has the benefit of their labours , and all persons of justice and equity owe them due thanks . but yet our historian is as angry , as if a hare had crossed him in the way , something has happened which he thought not of , and who can help that ? he might have thought better . they are in , and perhaps he is out ; for that reason he will think , that they have changed their principles : alas , this is gross mistake . they did their duty in declaring to the people , that they ought not to resist , but they never became warrantees to the late king , that in case of wrong and injury they would not . all the world knows , that it is good for a nation , that the people should think , that they ought not upon any pretence whatsoever resist their king ; so that the king does but at the same time remember , that oppression makes a wise man mad , and that an injured people always did , and always will endeavour to recover or secure their rights , as well against their king , as against their neighbours . he must have rare skill in language and argument , who can prevail upon a people to be willing to be slaves , when they may , and ought to be free ; or to stand still and see their goods taken from them , merely because another has a mind to them . if they must lose in one kind , they expect to gain some other way ; for generally they are of saint peter's mind , when he said to our saviour , matth. . . we have forsaken all , and followed thee ; what shall we have therefore ? the question deserved an answer , and upon it our saviour gave a most gracious promise of advantages in this world , and in the other too . had we the like promise in the case of submission or non-resistance to princes , who will be absolute and arbitrary ▪ divines would have a better argument , and might expect better effects of their discourses . but seeing the non-resisters have no promise of pardon for their other sins , and so of salvation , the non-resisters , who have forsaken all , must come to s. peter's query , and ask , what shall we have therefore ? and the resisters who have saved all , will hope to escape damnation as well for that sin , as for all the rest . it must be confess'd , that there are many and good arguments from reason , from policy , from law , from scripture for submission , or non-resistance of kings , and that of bad as well as good , and in most cases too . but when the main stress of the assertion is laid upon one text of st. paul , which threatens no less than damnation to the offenders against that point ; there must be great care taken to fix the true sense of the text , or else men will deduce from thence very incredible things , which will easily be discovered to be false ; and so instead of recommending a duty , they will blemish it , and beget in the people a disgust to it . and who knows but some of the inferiour clergy in the late times might offend in this kind ; seeing it was generally said that they had too great a regard for a busie writer , who then presumed to lay down monstrous and destructive principles against the national constitution , and yet dared to challenge to himself the title of being a gentle guide , or humble hinter to those gentlemen . tho he and they did make great use of that text , yet both might be mistaken in the sense of it ; it is not unlikely , and it is possible that their mistakes in the event may have done good to the nation ; for extravagant discourse like harsh physick many times operates the quite contrary way from what was designed . after all their noise and pudder , i must say , that i do not find that men have spoken clearly either the nature of the sin , or the weight of the punishment ; they do not tell us what resistance signifies , nor yet who are the particular and onely objects of a damning resistance , nor yet lastly , whether damnation in the text speaks nothing less than downright hell and eternity of torments ; for many sins may be in their nature damnable , but they that have committed them , need not presently be concluded certainly to be damned . denials , refusals , oppositions made against opinions , desires , demands , especially if others be solicited to join in with the opposers , may in a large sense be said to be resistances ; but yet such actions may be far enough from being damning sins , or else many times woful must be the condition of privy counsellors , of parliament men , lords and commons , and of judges , who will not allow of kings patents , which are against law. suppose such a case should have happened amongst us , which once was betwixt ahab and naboth ; must he that acted naboth's part be damned for refusing to part with or exchange his inheritance ? or suppose such another clownish churl as nabal , who sent the unmannerly answer to david ; or had it been to saul , a king in possession ; if in consequence to that answer , when the commissioned officers came against him , to kill and spoil him , and all his , he had appealed to law , and stood upon his defence , till the matters were brought to a legal trial , he might be said then to have resisted ; and therefore perhaps he might have deserved to have been whipped for his sauciness ; but it is somewhat too much to think that he must needs be damned for it . but david's case is much worse , when his master sought his life , he listed soldiers , and seised upon strong holds ; and stood upon his defence in a way that looks like open defiance , so far was he from submitting or surrendring himself to saul's officers , or saul himself ; and after all we do not find that he repented of this sin , or begg'd god's pardon for it . what now , can we have no hopes of god's mercy toward david ? must he for that resistance certainly be damned ; or if he had a particular dispensation from god ; yet i fear his soldiers had not ; and their case must then be deplorable ; for the reason and justice of gods proceedings in the case was the same always , and st. paul's text does not seem to speak a new designment of god to raise the interests of kings higher ; and subject the people lower than they were before . something therefore for david's sake should be thought on , that the text should be so limited that we may have some hopes for him , and for his soldiers too . but yet we have a nearer case that is piteous , and deserves some thoughts , and that is the case of george walker poor man , he is one of solemon's wise ones , who by his wisdom has saved his city ; he has done a brave action , and all that hear it , commend and admire it , excepting the late king's soldiers , and perhaps in their hearts they admire him too . but after all the praises and commendations of the generality of mankind , and those coming freely and sincerely upon the supposition of true interest , without design of daubing or flattering the great and the proud : must ( i say ) this man after all this be thrown into hell , and damned as one of the worst of miscreants ? such judgments as these will confound the genuine and most delightful idea's that men have of god's goodness , and wisdom ; they may serve perhaps to adorn a discourse for absolute reprobation , or upon the excellency of damning for damnings sake , without regard to sin ; but they can have little other use for glory to god , or man ; for good of king or people . these , and many other cases ought to be well considered before we fix the sence of the text ; because , as in all sciences , one truth agrees with another ; so in the interpretation of scripture , every single text that stands by it self , must be expounded according to the analogy of faith , that is , the general agreement of the rest . but secondly , there is further matter of consideration about the person that is to have the benefit of non-resistance , it is many times very difficult to discover who he is ; and it would be hard , if upon a mistake in that point , the erring person should be damned in the strict sence of the word . there is something that governs in human affairs , beyond the thoughts and imaginations of men ; the wheel goes smoothly on , but of a sudden meets with a rub , and the carriage , perhaps , is overturned , the headless multitude then stare and wonder , and say the like was never seen before , and yet the like has oft happened . what seemed to be ruled is over-ruled , and then men seek for their rule , and know not where to find it : thus men are almost fatally confounded , they think and act contrary to one another , and yet each believes himself in the right , and that he has strength and clearness of reason on his side . it s very possible that our historian is still for king james , and thinks him now as truly king of england as he was before : and it is very likely , that i am for king william , and think him as truly , and as much king , as ever king james was . we do not stand in the same light , we do not think of the same things , and so we differ . and had we lived in many other periods of time , it is very likely that we might have differed too : had we lived when saul was made king over israel , i know not but he might have been against him , and i for him . at saul's death it is probable , that he might have been for saul's son ishbosheth , and i for david . at david's death , he might have been for adonijah , and i for solomon : for adonijahs appearances are very taking , he was the eldest son then living of king david , he was a goodly personage , and his fathers darling . kings , ▪ . yet my solomon reigned , and the people obeyed with a very good conscience ; and that though he himself was somewhat suspitious of his title ; for he did not trust to his anointing by king david's order , but got himself to be made king a second time , chron. . . but to go on , let us pass over the instances of rehoboam and jeroboam , of zimri and omri , and many others who gave occasions to like difficulties . suppose we had lived in the days , when jehu took possession of the kingdom of israel , it is very possible that he might have been for joram , or joram's son , or some of the family of ahab ; and it is as possible that i might have been for jehu , he for a king according to the modern phrase , de jure ; and i for a king de jure , and de facto too . for he was a conqueror , tho' not of the people ( neither he , nor they ever thought so ) yet of the king he was ; and so if the cause of the war was just , his title was certainly good : some think he was a rebel , i am not concerned to dispute that point ; but if he were , he came to the throne in the same way that jeroboam did , who was the first beginner of that kingdom , and so could transmit to his successors no more title to the regal dignity than he had himself : be that as it will , let my adversary be for joram , or joram's son , and i for jehu ; he has the point of loyalty to a late king on his side , and i the point of loyalty to my god on my side ; both great pleas. but at such a time mine seems ( at least to me ) to be the better ; because there is something in religion that tyes me faster to my god , than any thing else can tye another to his prince : now if an ahab or a joram , will not only be disloyal to their god , but require me , and use all the tricks and slights in the world to gain me , and the rest of the people , to a like disloyalty ; if he will daringly and boldly trample upon the religion established by law ; if he will require absolute obedience , and obedience without reserve , and make his will the law , and me , without law , or pretence to law , his slave ; why must i in such a case as this , be against my god , and against my self , for one who has the name of king , but has thrown away from him all that which should , and all that which can speak him in the exercise of true kingly power over israel . i cannot tell , but some may think me in the wrong , for declaring to be for god and jehu , against baal and joram ; but if i am , i may be rectified by being informed , that either now there is , or ever was such a man , who could perswade himself that any one true servant of the god of israel , in those days , did not heartily close in with jehu , and submit to his government ; or that any worshipper of baal , who was so in reality , did do it ; and then there could be no grumbletonians in those days , except the halters , those that were betwixt god and baal , and could be very indifferent whether they worshipped the one or the other . thus we must see , that the things which are , have been of old ; there are difficulties in human affairs , and men have had great grounds to differ about the subject of regal power , and so about the object of non-resistance , and that not only in israel , but as might be easily shewn among the assyrians , persians , romans , britains , english , and very much in this nation , since the norman conquest . now this difficulty may be an argument to move men not to be over-positive , in determining , that damnation , in the strict sense , shall be the portion either of the one or the other , in case he acts sincerely according to his best knowledge , whether he stands up for his king , or his god ; whether he stands to defend a former king in the rights he had , or another who takes possession upon the supposition of a desertion or a conquest : whether he be willing to have continued , or to have been made a slave , and lose his civil rights , and the exercise of the true religion ; or whether he had rather to have been made free , and so let easily into his rights , by the assistance of another who might justly do it ; and if he would , might have left 'em in full enjoyment of their folly and misery . thirdly , as to the punishment here denounced by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or damnation , whether nothing less can or ought to be understood by it , but downright hell or eternity of torments . here many things ought to be well weighed before we determin positively in so great a point . as . that all men agree , that there are different senses of this word in scripture . . commentators do much differ and contend about the true meaning of it in this place . and tho' dr. hammond be resolute in this assertion , yet by the multitude of objections , which in his notes he labours to answer , he shews that his opinion was neither general nor clear . . that as the commentators differ , so the interpreters seem somewhat to differ too . for what is in king james's translation , shall receive to themselves damnation , is in the bishops bible ( translated in queen elizabeth's time ) shall receive to themselves judgment . some may think that both these words signify the same : but if they cast an eye upon another text , rom. . . they will hardly do it , for these we have , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and that is rendred in the bishops translation ; for the fault came unto condemnation , but in king james's it is , for the judgment was to condemnation . fault or judgment , here , is not the same with damnation , or condemnation , but that which leads to it . and if we look into tim. . . it will be worthy of a little remark : that tho' the translators differ in the former places ; yet they intirely agree to render here the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by damnation ; but if you look into st. chrysostome , and most of the old writers , and dr. hammond himself ; you will find that hell-punishment is by no means to be understood in that text. fourthly , it is to be observed further , that as men differ concerning the nature of the punishment , so they differ concerning the quality of the sin . some tell us that the apostle means here a very monstrous sin , a sin as black as hell it self ; and then they tell us that the demerits of it are no less than hell torments : others speak of a sin which they describe with all possible alleviating circumstances ; and as the sin they speak of , is quite of another nature from the other , so the punishment is , which they suppose to be allotted to it . now if men did agree about the sin , there could be little dispute about the punishment . the reverend dr. hammond in his paraphrase on the first verse of rom. . says , that the apostles advice is contrary to the doctrine and practice of the gnosticks , and he referrs us to the th . verse of st. jude's epistle , to see what that was ; and there we have an account of a company of wretched woful sinners , such as no man now in europe would be in the least concerned to pity , if he thought that hell-torments were decreed for them ; and so in reference to them , damnation in the text may be interpreted in the strictest , and most severe sense . they are described jude th . as filthy dreamers , that defile the flesh , despise dominion , and speak evil of dignities : upon which words , dr. hammond in his paraphrase says , that they fall into all unnatural filthy practices , and teach the doctrine of christian liberty , so as to free all christians from all authority of master or king . here we have two characteristick notes of them , that they were most impudently declaring against all manner of civil government , and against all manner of vertuous life . now to both these st. paul speaks in the . chap. to the rom. to the first , verses , , and . and to the last , verses , ; and therefore it is possible , as the dr. hints , that st. pauls discourse in that chapter , is intirely directed against these . and perhaps the author of the preface to the history of passive obedience , is of the same opinion in the case , because he brings in an excellent divine of the church of england ; and now one of our right reverend fathers in god , speaking their sin and folly in these words ; the gnosticks thought all the governments of the world to be nothing else , but the contrivance of some evil spirits , to abridge men of their liberty , which god and nature had given them ; and that this is the speaking evil of dignities , which they are charged with by st. jude . now if these be the men , and that the sin which st. paul provides against in the . to the rom. there can be no dispute in the christian world concerning the sense of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the text ; as it is , so it ought to be rendred damnation , or the punishment of hell. but then , when the same dr. hammond in his notes ( perhaps forgetting what he had hinted in his paraphrase ) describes another sin , and cloathes that with all possible alleviated circumstances , and will have down-right damnation , or hell torments to be the punishment which gods justice designs for it ; it is no marvel that he finds many objections , and hard work to answer them . if he would but allow the word to be interpreted as it has been either by fault , or judgment , or damnation in that lesser sense , in which it is used , tim. . . he would neither find nor make any matter of controversy ; for all will readily grant , that resistance of a king , in most , almost all cases , is a fault , and leads to judgment , and will certainly bring to damnation , at least , in the sense , the word is used in the last mentioned text. these things well considered , may divert men from rash and hasty judgments , and move them not to be easy in the declaring the damnation of their neighbours , who may be urged by a sense of extream necessity , to do those things which they would not , since they have not so clear a text , as they imagined , to support the weight of their assertion . because it is possible , that the sin meant in the text may be such as can now be charged upon no man ; and it is possible that the word damnation there , may have no such dreadful signification , as in some certain places it has . these things i have set down , not by any means to incourage resistance against princes ; for that , in most cases , is a great sin , and every sin tends to damnation . but i would move men to frame their pleas against it , from proper heads , and such as are most likely to prevail . because , generally , scaring and affrightning arguments , if they be not very clear , and well grounded , do but beget suspitions and doubts , fill men with prejudices , make them stiff and pertinacious in their mistakes , and heedless of sober instructions in undoubted duties . obedience is the thing that is due to princes , and must be paid to them , as well for our own sakes , as for theirs , as well for conscience sake towards god , ( who is a god of order , and not of confusion ) as upon the account of wrath , and for fear of punishment : for if we don't obey , he can neither secure himself , or protect us ; it can scarcely happen , that he can suffer alone ; in such a case , he himself must be the author of his own calamity . he must sap the foundations upon which his pallace stands , and cut down the pillars that would have supported him . thus he may be overwhelmed on a sudden , and his people not suffer much , but in the general course of things , king and people go together ; if one suffer , all suffer . and therefore it is the interest , as well as the duty of people , to obey ; this they apprehend , and are ready to comply with all ; and that without taking into thought , the nice speculations about the outmost stretch of power ; or what are the highest , and what may be the lowest measures of submission : what a king may take , and what they may , and ought , or ought not to yield . the talk of non-resistance ( whatever men think ) does little good in the world ; and the talk of resistance , in a certain case , does as little harm : for where non-resistance is most cryed up , and strongly avowed , there have been most vigorous resistances ; and where there has been a resistance owned as lawful in a certain case , there has been a most profound obedience , and no resistance at all . of the first , england is an instance ; of the second , rome : i must profess , it is strange and puzzling to me , and may be so to others , to compare the doctrine of our divines with the doctrine of bellarmine , and to see both in england and rome quite contrary effects , from what their doctrines tends to : our men call for non-resistance ; and will not allow of any resistance of the king , or those commissioned by him upon any pretence whatsoever . bellarmine tells us plainly , that the highest power , the very supream , as he thinks of all , the very pope himself may be resisted , and that with gun and sword , with force and arms , in a certain case ; and yet the pope never complains of this , the papacy receives no harm by this , and there is no resistance made against him , but profound obedience is given unto him . but then there is not the same effect of the doctrine of non-resistance amongst us ; for the divines most engaged in teaching of it , and founding their hopes and expectations upon it , do now complain of miserable disappointments , and seem to think the world mad , or at least very foolish , that they do not meet with an intire compliance with it . there must be a great mistake some where or other , and yet it is strange there should be one in such a case as this , which lyes clear and open alike to all . bellarmine certainly saw all the difficulties that our divines do , and our divines see all the reasons that bellarmine did , and yet both are resolute in the contradictory : it is pretty to consider the thoughts of bellarmine in the case ; after he had wrote his five books de pontifice , and therein set up his pope as high , as high may be , next and immediately under god himself , christ's vicar , supreme over all , emperours , kings , princes , nations , countries , and that by divine right , warrant , and authority ; unaccountable to all the tribunals in this world , judge of all , and to be judged by none . he then falls to write of the authority of councils , and goes on still in the same way to mount his pope , as well over all church-power , as over all temporal . and having done this , any one would think , that he had made a compleat irresistable , or a most proper object of non-resistance : but bellarmine thinks not so ; for he thinks again , that this his wonderful great one is yet but a man , and possibly he may commit faults , he may mis-rule , mis-govern ; he may design to subvert the constitution of the church , he may endeavour to ruine and to destroy it : upon that he queries , whether the church , in such a case , has no remedy , no help , nothing to do toward its own preservation ; must it needs sink and fall , because a certain man is willing it should ? bellarmine says no , and directs several methods to be used for the support of it , which are softer , more decent , and mannerly ; but after all , if they should fail , he speaks roundly that this pope is to be resisted , to be opposed vi & armis , with force and arms ; and that in such a case , there needs no authority to justifie the action of those that resist him . his own words are these , de concilior . auctor . lib. . c. . at inquiunt , ergo sola ecclesia sine remedio manet , si habet malum pontificem , & poterit pontifex impunè omnes vexare , & perdere , & nemo resistere poterit . respondeo , non mirum , si manet ecclesia sine remedio humano efficaci , quandoquidem non nititur salus ejus praecipuè humana industria , sed divina protectione , cum ejus rex deus sit . itaque etiamsi ecclesia non possit deponere pontificem , tamen potest ac debet domino supplicare , ut ipse remedium adhibeat : et certum est , deo fore curae ejus salutem ; qui tamen pontificem , vel convertet , vel de medio tollet , antequam ecclesiam destruat . nec tamen hinc sequitur , non licere resistere pontifici ecclesiam destruenti ; licet enim eum servata reverentia admonere , & modestè corripere , repugnare etiam vi & armis , si ecclesiam destruere velit : ad resistendum enim , & vim vi repellendam non requiritur ulla auctoritas . that is in english thus , by way of objection and answer . but they say , then the church only is without remedy , if she has an ill pope , and the pope may securely vex and destroy , and none may resist him . i answer , it is no marvel , if the church be without all human effectual remedy , seeing her preservation does not chiefly depend upon mans care , but god's protection , inasmuch as god is her king. therefore , although the church cannot depose a pope , yet it may , and ought to pray to god , that he would give a remedy ; and it is certain , that god will take care of its preservation , and so will either convert the pope , or take him out of the world , before he can destroy the church . but yet it does not thence follow , that it may not be lawful to resist a pope indeavouring to destroy the church : for it is lawful , keeping up a due reverence , to admonish him , and modestly to reprove him , and to fight against him with force and arms , if he will destroy the church : for to resist , and repel force with force , there is required no authority at all . thus bellarmine says , and he is very clear , that it is lawful to resist the highest power , the pope himself , for the sake of the church , to preserve it from ruine and destruction ; i hope no man will say that this may be done for the church of rome , but not for the church of england , or that we are not bound to have as great zeal for our church , as he has for his ; i am sure , we cannot challenge , in behalf of a king of england , more right to impunity , or make him look more unaccountable than bellarmine does his pope . and so there can be no more grounds of concluding for , or against the doctrine of non-resistance in the one case than in the other . but yet , some may think themselves under deeper obligation than others , and they may practice the intire duty of a compleat non-resistance ; none will blame them for it , so that they do not condemn others , who are not so easie as they , to give up their church , and civil rights , when they are not obliged to it , as far as they can see , either by the law of god or law of the land : men must give allowances to one another , because it may be possible that they may differ about notions that are very near to first principles ; i know not but some may affect slavery , as a state exercising high vertue , and tending to perfection ; others that cannot reach at such heights , content themselves with freedom , and think that , a useful and desireable conveniency : this may seem strange , but from thence it comes , as far as i can guess , that some in the same text , and same words , finds argument that they should be slaves , and others that they should endeavour to be free. st. paul says , cor. . . art thou called being a servant ? care not for it ; but if thou mayest be made free , use it rather . upon these words , some say that st. paul recommends to us slavery , and would have us to be slaves , tho' we can be made free , and so much the rather , because we can ; others say , that the apostle would have us be content to be slaves , when we are slaves ; but if we can be made free , we should choose freedom rather . here is a great difference , which does not derive from the text , but from previous thoughts , which men have entertained concerning slavery and freedom . as they are affected to the thing , so they judge that they find argument for it . now i for my part am for the later interpretation , because i have a good opinion of liberty or freedom ; but if another prefers slavery , and thinks he has argument from that text to be a slave , let him be a slave , and let him enjoy his opinion of the thing , and of the text too , i shall not hinder him . but i must say , it would be an undecency in him to call my understanding into question for differing from him , because i have the highest probability , the concurrence of the wisest , and the best in all ages on my side . but yet this may be done , because when men leave common sense , and seek for extraordinary notion , they usually grow froward and troublesome . tacitus remarks in the th ▪ of his annals , that some who had got into their heads that flight of the stoicks , that a wise man was a king , presently begun to be busy and medling , and very scornful of others ; ea male intellecta arrogantes faciebat & turbidos . it is pity that such little things should give disturbance to kingdoms and nations , but it cannot be help't , for it is opinion that governs men ; and it is not what is great , but what is thought to be great that stirrs them . a little before the fatal overthrow of jerusalem , there were many warm persons in it , who had their heads full of fancies , and particular notions , and for the sake of them , they could run upon the most desperate enterprizes , but they would not know the things that belonged to their peace . pliny has a saying , that has much puzzled physicians and criticks ; he says , that men die of sapience or wisdom , per sapientiam mori . the physicians find no such distemper in their books , but guess that he means a phrensy ; something there is , that gets into mens heads , which seems to them that have it , to be high wisdom , but to others a meer phrensy , which is extreamly mortal and pernicious . solomon so long ago , advised properly against it , and it were to be wish'd , that his councel might yet be taken : he says , ecclesiastes . . be not righteous overmuch , neither make thy self overwise ; why shouldest thou destroy thy self ? it is hard to think that men should be either over-righteous or over-wise ; but if men will affect impracticable notions without sufficient grounds , and look upon them as their righteousness , or their wisdom ; and that meerly because these are against themselves , and destructive of themselves ; they may well enough be said to be over-righteous , and over-wise . thirdly , the third thing to be spoken of , is the origination of power ; and this is a subject which i could willingly omit , because i judge it for the interest of a nation , both king and people ; that the people have as high , and as reverend thoughts as they can , both of their king , and his power : let them think , that they have their king from god ; and that he has his power from god , and let him think so too ; all this tends to good , because it will make him in the exercise of his power , to act in the fear of god ; and by vertue of that fear , to abstain from wrong , and to do justice : and it will awe the people with a dread of their king's majesty , and of their god's ; and so keep them from being froward , and peevish ; mutinous and rebellious , whilest they believe themselves in such actions , not only to be offenders against the law of the land , but sinners against the will and pleasure of god. upon this account , i could willingly chime in with the compiler of this history , and with him , fault hobbs , and milton , and doleman , or parsons ; and with him declare against those doctrines , that power is originally in the body of the people , and that the foundation of all government is laid in compact , as he says in his preface . and i could say with him in his conclusion , pag. . that power is only from god. these may be allowed him , or let pass without altercation , so that men use them according to their natural tendency , for the support of righteousness , justice , and goodness . but if these be used to dazzle and amuse people , that others may have advantage to rob and spoil them : if by vertue of these a passage is made to let in upon a nation , a lawless power , wrong , injury , and tyranny : if law , religion , common sense , must all be laid aside , and one of the best framed polities in the world must be subverted by ill consequences , and forced pleas deduced from these doctrines , we may certainly have liberty to examin both the principle and the deductions ; we may consider what the one will bear , and how the other is laid upon it . if we must be slaves , it is all one to us , whether we be made such in the way of hobbs , or of this historian ; it is all one , whether a king has his power from god , or from the people ; if he must be absolutely absolute , and be obeyed without reserve , without consideration of law and right . and if a king must be a monster , altogether arbitrary , meer will acting at pleasure , without bounds or limits , he may as well be made such by the people , as by god ; and of the two , the people are the more likely to make the monster ; because god is always wise and good , and all his actions are just , and right ; and therefore as there is more of god in power , there should be more of goodness and righteousness in the exercise of it . it seems therefore a design ill laid , to challenge for princes , an infinite power of doing what they will , without check or controul from national constitutions , because their powers come from god ; or to be zealous to fetch all the powers of princes from god , for this purpose , that they may do evil things securely , that they may do what they please , right or wrong , without danger or hazard , without stop or lett . if we believe the apostle , rom. . the powers that come from god , and are ordained of god , are not , they cannot be a terror to good works : but according to this way of discoursing , they are as terrible to the good , as to the bad ; and that for this reason , because they come from god. had princes that singular excellency of nature , which god has , that they neither would nor could do evil , they might then be allowed to act , as he does , according to the good pleasure of their wills , without controul . but if we assert that they may do evil , they may oppress , rob , spoil , kill , murther , and do all the base things which any other man can do , for which they have no license or power from god ; why may they not then have some stops from human constitutions , to lett and hinder them from doing those things , which god never gave them power to do , and to keep them in those methods of acting , which god himself prescribed , when he gave them power of ruling and governing . if we say that the necessity of human affairs does require that princes should be unaccountable in this world , it may be allowed so far as that necessity appears ; but then their exemption from check or controul , does not derive from the source and origine of their power , that is from god ; but from another cause , which must be fairly made out , upon the compare of benefits or mischiefs , that happen from the one supposition or the other . but when men say , that because kings receive their power from god , they must have no letts from human constitutions of doing what they will , good or bad ; and then distinguish , that though they are uncontroulable , unaccountable in this world , yet they are accountable to god , and must give a strict account to him , and that for the same reason , because they receive their power from god : i should think that such men are unkind to kings , and treat 'em with the most uncouth courtship in the world : for they do , in effect , tell them this ; you are great and powerful , you may do what you please , you have none to fear but god , nothing to be affraid of but hell and damnation : others are awed by human laws , they are kept in , and restrained from doing the evils they might do , they are made better than they would be , and so put into a way of salvation ; but you great princes , you are entirely free , you may do as you will , as you have none above you , so you have none to awe you , none to give stop to you in all the eruptions of nature or humour , but only god and his last dreadful judgments . i should think a christian prince should give a courtier but little thanks for such a speech as this ; as he has a soul to be saved , he must rejoyce in god's preventing grace , and give thanks when ever it pleases god to keep him from doing evil , and he may likewise be glad , if by laws , and human constitutions , his ways were so bounded and fenced in , that it might be impossible for him to deviate from righteousness and justice , so he would be in the ready way of being happy here , and glorious hereafter . as to the interests of a king of england , it is but vain to search into the source and origine of his power ; how it may be said to be from god , or how from the people ; seeing he has that singular happiness , that if he will act truly his part according to the national constitution , he must appear in the exercise of his power , altogether divine like god himself : he is great and powerful , his person is sacred , his actions unquestionable : he does good , and nothing but good ; inasmuch , as the powers of dispensing of favours and benefits , the power of rewarding , advancing , preferring , of giving riches , and honours , to the industrious and well-deserving ; the power of protecting , defending , relieving , pardoning the poor or miserable , are intirely left to him : but then the power or impotency of doing wrong , injury , or evil to others , is absolutely taken from him. a king of england , as such , can do no wrong ; if he does it , he stretches beyond himself , and the man is too hard for the king ; because , according to this national constitution , all those acts wherein wrong can be done , are to be done not by himself , but by proper ministers and officers , who are accountable for the actions which they do , or may have done . thus the kings person is sacred , and his actions unquestionable ; and they that do wrong , are answerable to the law , and may suffer according to their demerits . this certainly was a happy contrivance of wisdom in our fore-fathers , to secure the veneration that is due to princes , and withal , to provide , that goodness and righteousness may flourish in their kingdoms . the subject , every one of them either by himself , or his representative , agrees that he will be hanged or gibbetted , submit to the halter or the axe , if ever he be mutinous or rebellious against the king : his king he will love and honour , serve and obey , fight and be willing to dye for him : he shall be great and powerful , dreadful to enemies abroad , and dreadful to enemies at home ; and have all the assistances of men and moneys , to inable him to do all the good his heart can wish for , if he will but ask it ; and that his majesty may yet be more bright and illustrious , he in his particular , in all his actions , shall be unquestionable , unaccountable . on the other hand , the king agrees that he will protect and defend his subjects , support them in all their rights , he will use their assistances to beat down , and subdue all their enemies , and take care that they may live in peace and prosperity . he will not oppress , or trample upon any , whether great or little : nay , he will not leave it in his own power to be able to do wrong or injury to them : and therefore , he will make laws by his people's consent in parliaments ; he will conduct the interest of the nation by advice of his subjects in council ; he will rule by officers , and judge by ministers , chosen out from amongst themselves , and that in all causes both between themselves and between himself , and them ; who shall pronounce and determine about right , and wrong ; and who is guilty , and who is not ; without the least appeal to him : and then , lest those judges , as men , should warp aside , and think that they may be able by their goodly appearances to bear down right , and set up wrong , they themselves shall not be impowered to pronounce a judgment in any cause , but as a jury of neighbours , twelve men chosen out of the voicenage , shall first find it to be . after all this , the king agrees , that ministers of state , privy councellors , military officers , judges in courts , and each particular jury-man shall be questionable , and accountable , punishable for any corruption , oppression , wrong , or injury , that by law he shall be found guilty of ; and that as much , as rebells are , which too has actually been done in several reigns . how venerable and divine is this whole disposition and order of affairs ? what appearance is there of wisdom and goodness , that is of god , in it ? if a prince would be great , he must be good ; and if he keep to these methods , he must be both . and if a people would have happiness in this world , they must either find it in such a constitution , as this , or seek it in vtopia . why then do men trouble themselves to seek for the source and origine of power , and think they do much in shewing that it comes from god , and god only ? whereas we have here before us power running down from the fountain-head a long way , and in all its course like it self , the same it was , pure and clean , and in all its appearances divine and god-like ; it acts just as god would have it , and tends to all those glorious ends , for which god gave it , and to which god requires and directs the use of it . it exerts it self to those purposes , for which st. paul tells us , tim. . . that the law of god was made , not for the righteous , to oppress them , but for the lawless and disobedient , to beat them down ; to shame , as well as punish them . in these methods a king may be strong and mighty , able to throw down , and cast down strong holds and imaginations , and all that exalteth it self against god , and goodness , and himself too . if then men will have us to say , that power comes from god , and only from god , we may well allow it ; because we know that nature , and an inclination to sociable living , and order come from god , and only from him ; all these are good , and god is the giver of all good things ; and besides , we find so much of goodness both for king and people in this national constitution , that we may well think that god , himself , by his providence ▪ did influence our fore-fathers to agree , and fix upon it . but now if men , from this speculative notion of power , descending down from god , will draw and force out consequences , and by vertue of them , will set up , and pull down at pleasure , make new frames of government , and schemes of policy : if they will say that this excellent disposition of affairs must be thrown down , and the english law be laid aside , and right and wrong become mutable at pleasure ; if they will say that kings of england must be absolute , and obeyed without reserve ; and all this , only for this reason , because their power comes from god , i hope that they will expect that we should beg their pardons ; they may think that we judge their logick deceives them , and that they left their aristotle too soon . a philosopher once undertook to demonstrate that it was impossible there should be any such thing as motion , and he talk'd prettily upon the subject ; but all the while he talk'd , men of plain sense , laught at him for his vain design ; yet , however , he went on demonstrating , and they laughing . so it is , men , engaged in a bold adventure , will go on , whether they have , or have not hope of success . if men would but consider fairly , they must see , that there is a vast distance between their principle , and their consequence ; it does not follow , that because god gives power , therefore kings must be free to do what they please , or that they cannot be restrained by national constitutions , to exert their power in particular ways and methods . for who knows , but the limitations and restrictions of power , may come from god too ; for there are no more miraculous attestations to the divine origine , and descent of the one , than there is of the other . and it would be agreeable to god's goodness to do it ; because power is in it self a very flexible thing , that may be bent and bowed this way , or the quite contrary ; it is like unto nature , which as it came from god was very good ; but as the man , who had that nature , and was therewith made upright , sought out many inventions : so the king , who has from god the power , may do the same . the man thought many of his own inventions to be his nature , and to come from god ; and a king may think many of his to be his power , and to come from god. therefore as god gave new laws to limit and bind in the man , and his nature ; so he may , and it were agreeable enough to his goodness , if he should , in the course of his providence , direct and order affairs so , that there might be limitations and restrictions given to the king and his power . but besides , according to the usual course of things , god generally gives bounds to power , according to which it shall , or shall not operate , and therefore as he makes one power , so he makes another answerable to it ; as he makes the agent , so he makes the patient ; as he makes fire , so he makes combustible matter to receive it , and to feed it , or else the fire will soon go out . god gives to men power over the beasts of the field , but if a man will command any one of them , he must treat 'em in ways agreeable to their natures , and make them to find that it is good to be commanded : he that comes on the blind , or the sore side of his horse , may have a kick , and he that will vex and fret his dog , may have a bite , and none , in such a case , will blame either the horse , or the dog , but the indiscreet master . god gives to kings , power over men , their subjects ; but if a king will treat his subjects , just as the indiscreet master does his horse or his dog , he can hope for no better returns , than what the other finds . men and beasts , by the frame of their natures , are in this much alike ; you have them , you loose them ; they come to you , or run from you , just as you treat them ; give them kind usage , and fair treatment , they both will follow , and serve , and endeavour to please ; but if they find that they must be abused , kick'd , and starved ; if they find nothing but the effects of wrath or contempt , that they must be trampled upon , each of them will get off , and shift for it self , and seek a more easie and comfortable state of beeing . now this temper , whether in subject man , or subject beast , coming from god ; as well as power in governing king , or governing man , the one of these must be suted and accommodated to the other , and must proceed in all actions upon the supposition of it ; and as it is the mans part to find out the proper ways to gain upon the beast , to win him , and make him his own , fit for his service ; so it is the king's part to find out , and to use a due and proper managery for his people , by which he may bring them in to himself , and beget in them trusts and confidences towards him . god makes a power in one to lay on , and in another to bear ; but he that lays on , must consider what the other can bear , or else , house , and all manner of impositions will come to the ground , and , possibly , overthrow , and ruine him in the downfall . every power has some bounds , and natural proper ways of exerting it self , whereby it becomes effectual , and of use . he that would have food from cows , or cloathing from sheep , or service from horses , or dogs , he must provide for them , that first they may do well for themselves , before they can do well for him ; he must therefore feed them and defend them from fears and affrightments , such as usually hinder them from attending to their own necessities , and interests . but he that will not give 'em , whereon to feed , or if he does , puts wolves and lyons amongst them , to scare and terrifie them , must never expect good or benefit from them . thus it was , and ever will be , what way soever the man came to have power over them , right titles to them , whether that was from god or man , by donation or emption , by descent or conquest : and as it is betwixt the man , and his beast , so at least , it must be allowed to be betwixt a king and his people : if a king will treat them frowardly , make no due provisions for their good , but will treat them arbitrarily , just as he will , and that because he wills it according to humour , he must not expect what he wishes from them , how or in what manner soever he receives his power over them . thus let power be owned to come from god , let it be confessed that he is the source and original of it ; yet i think no man can fetch from thence any ground for the assertion of either destructive or of arbitrary proceedings in government ; a king may however , have bounds and limits , ways and methods fixed to him , wherein he may , or may not , profitably and effectually exert the operations of it ; and the consequences of his own actions , whether they be good or bad , commendable or blame-worthy , will be imputable chiefly and primarily to himself . but after all this , what if power may in some sense be said to depend upon the people ; tho' it comes originally from god , yet it may come immediately to one certain person by the people ; and as god is said to make kings , so the people may be said to make them too : i know that this language is thrown off with scorn and contempt , and represented in several prints as most odious . how this comes to pass , i can't tell , for it must be owned , that in the old testament , amongst god's own people , this way of speaking was very current and familiar , in all the revolutions of state , the people are said to make their king. thus it was in the case of saul , sam. . . he was indeed anointed by samuel , but that action was done in secret , his own servant was not permitted to see it , sam. . . and sam. . , . the instruction that he then had , was , not to challenge the kingdom by vertue of god's gift , but to do as occasion served , sam. . . and tho' he be said to be chosen of the lord , sam. . . yet he was said to be made king by the people , sam. . . and all the people went to gilgal , and there they made saul king before the lord. thus too , david was made king by the men of judah , over the house of judah , sam. . . and david himself owns , that the men of judah anointed him , sam. . . and ishbosheth at the same time was made king over all the rest of israel by abner , sam. . . after the death of ishbosheth , david was again anointed by the people , chron. . . and made king by the people , chron. . . so was solomon , chron. . . and rehoboam , chron. . . and jeroboam , king. . . they called him to the congregation , and made him king over all israel . thus it was with omri , king. . . and with joash , chron. . . and vzziah , chron. . . this is the plain way of speaking in our translation , and so it is in the vulgar latin , and in the hebrew text , and that these were not empty words , but that real effects for the producing of power , did depend upon this action of the people ; we must needs think , because we see in two instances , that at the same time they made their king , they made provisions for the restraining and limiting of his actions ; for , that i guess , must be the sense of that league , or covenant , or contract , which then he made with them , and they with him . this we find was done between king david , and 〈◊〉 people ; and king joash , and the people : this we find was done by king david , sam. . . and ● sam. . . and chron. . . and by king joash , king. . . and likely enough by solomon , when he was made king the second time , chron. . . and possibly enough , this was done at the inauguration of each of their kings . but whether this be so , or no , it is not so material as to ingage us , or others in dispute and controversy . that we are now to promote and seek for , is peace and unity , that brotherly love , and christian charity may abound amongst us ; we must do what we can , to advance the good of our countrey , people , and nation ; to secure our religion , that we may continue to serve god in simplicity and sincerity ; as for nicety and notion , men may think , and if they will , speak either this way , or the quite contrary . if passion and animosity , heat and anger , be laid aside , we may allow men to say , that power is only from god ; that resistance is a dangerous thing , and in most cases very ill ; that passive obedience ( well explained ) is a duty . and they , on the other hand , may be content not to urge and discourse these doctrines in such a way , as must give us to fear and suspect , that trick and design are carrying on ; that we are to be amused first , and then fooled , and cheated . and why may it not be presumed ? that henceforth no man will dare to move the people of this land , lords , and commons to submit their birth-rights ; all the interest they have in life and fortune to arbitrary disposals ; from none of those wheedling topicks , neither from the doctrine of passive obedience , nor that of non-resistance , nor yet , that of the origin of power . for seeing the reverend clergy now assembled in convocation , stand up so resolutely to keep and maintain all the particularities of their rule , that they will not part with the least title of their establishment ; though desired by the king , and perhaps too , by the greatest part of the nation : it is very likely that the example may be taking , and a parliament , or the body of the people may be as zealous to hold their own , as others are , to hold theirs ; and it is very possible that there should be every jot as great reason for it . for certainly it may be thought , that the principal , and essential parts of this national constitution , may be of more value than the disposition of things indifferent in ecclesiastical affairs . i should think it somewhat worse , to be hanged , right or wrong ; than right or wrong to lose the satisfaction of wearing a surplice . and another man may be more willing to permit his child to be baptized without the sign of the cross , than to consent that he will be dragoon'd , whenever his king pleases , only for this reason , because he does not change his religion , and become papist , mahometan , or what you will. here i must stop , not daring to proceed , nor yet daring to exhort my betters ; but yet i must say , that it were to be wish't , that every one , of greater or lesser degree , would cast a few serious thoughts upon those words of our saviour , luke , . , , . saying , if thou hadst known , even thou , at least in this thy day , the things which belong unto thy peace ! but now they are hid from thine eyes . for the dayes shall come upon thee , that thine enemies shall cast a trench about thee , and compass thee round , and keep thee in on every side . and shall lay thee even with the ground , and thy children within thee : and they shall not leave in thee one stone upon another , because thou knewest not the time of thy visitation . finis . a word to the wavering, or, an answer to the enquiry into the present state of affairs whether we owe allegiance to the king in these circumstances? &c. : with a postscript of subjection to the higher powers / by g.b. hickes, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a word to the wavering, or, an answer to the enquiry into the present state of affairs whether we owe allegiance to the king in these circumstances? &c. : with a postscript of subjection to the higher powers / by g.b. hickes, george, - . burnet, gilbert, - . [ ], p. [s.n.], london : . attributed by the nuc pre- imprints to george hickes and to gilbert burnet by wing. this item is identified as wing b at reel : and as wing h a at reel : . wing number b cancelled in wing (cd-rom). reproduction of originals in the cambridge university library and the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to -- biblical teaching. church and state -- church of england. great britain -- history -- revolution of . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion a word to the wavering : or an answer to the enquiry into the present state of affairs : whether we owe allegiance to the king in these circumstances ? &c. vvith a postscript of subjection to the higher powers ; by dr. g. b — london , printed in the year , mdclxxxix . a word to the wavering , &c. 't is said , ( page . ) — wheresoever protection fails wholly , allegiance falls with it . the whole nation almost did not think so when they own'd king charles the second in his exile , when his protection failed them ; and yet they , very dutifully and religiously , as well as loyally and unanimously , brought him in in . and did what they could possibly for him by their pens , and purses , in his absence . and the whole people of israel and judah , did not think their allegiance cancell'd , because king david's protection over them was disabled , but strove who should be the forwardest to bring him back , sam. . . and all the men of judah answered the men of israel , because the king is near of kin to us : wherefore then be you angry for this matter ? have we eaten at all of the king's cost ? or hath he given us any gift ? ( nay , to accommodate the case to the objection , — was he so much as able to protect us ? ) yet the men of israel answered the men of judah ( ver. . ) we have ten parts in the king , and we have also more right in david than ye : why then did ye despise us , that our advice should not be first had in bringing back our king ? what more evident , then that their allegiance did not fall with david's ability to protect them , seeing they profess no self-interest in the case , no gift , &c. but only the allegation of birth , family , and kindred , or the like . again , ( pag. . ) — service and obedience are without doubt absolved , when a father ceases to be a father , by becoming an enemy . that the father of our country is not become an enemy , shall be made out hereafter — but if a father , or a prince , becomes an enemy , yet service , and obedience , are still due to them ; in as much as the vices of the fathers cannot affect the duty of the children . c ham got a curse for discovering his father's nakedness , while shem and japheth got a blessing by covering it . why should cham be cursed , if noah's drunkenness had cancell'd his son's respect and duty ? and , i believe , his majesty's children abhor the thoughts of but supposing their duty to their natural parent and soveraign at present waved , or extinguished ; lest upon the breach of the fifth commandment , of not honouring their father , &c. their days should not be long in the land ; besides the considerations of eternity . ( pag. . ) the first verses of the th . chapter to the romans are set down ; in which the duty of the magistrate , as well as the obedience of the subject , are set forth , and so mixt together , as that our author thence concludes — upon the total failing of the one , the other does likewise cease . but first , does this hold on both sides ? then , if rebels and traytors have totally failed their duty of allegiance , the magistrate is not to do his ; not to try , judg , nor condemn , nor see them executed . is that it , which you would be at ? why then do you blame the king for going away , from that his duty ? but thus much only to shew the weakness of your reasoning . as to the text , st. paul meant it primarily , and literally , of nero , the worst of men and princes ; who was so very far from doing his duty , or protecting our religion , that he was a grievous tyrant , and a mighty terror to good works ; and yet the apostle commands all , without exception , to be subject to him , not because he was a good governour ( for that he was not ) but because he was one of the higher powers ; and because he had received that power , not from any mutual compact of the people , but only from god , whose vicegerent he was ( though never so bad ; ) since there is no argument ever yet able to shake that assertion , that there is no power but of god , and the powers that be are ordained of him : whosoever therefore resisteth ( not the vice and wickedness of the man , but ) the power and ordinance of god , lodged in that man , shall receive to themselves damnation ; from which , good lord , deliver us all . as nero was the worst , so saul was none of the best of princes ; and yet david stiles him , sam. . . my lord the king ; and owns him his soveraign , because he was the lord's anointed , ver. . and this not out of flattery and courtship , but loyalty and duty ; for he had been far from a saint after god's own heart , if ( even upon any occasion ) he had let himself loose to speak evil of dignities . to nero , and saul , i will add a third , and that is pilate , whose power christ owned to have been from above , joh. . . and therefore submitted to it even to the death , though there was no law of the romans by which he could be put to death , joh. . , . and when he suffered , he threatned not , but committed himself ( not to arms and revenge ) but to him that judgeth righteously , thereby leaving us an example that we should follow his steps : and accordingly all the primitive and succeeding christians fought the battles of all their pagan emperors and tyranical persecutors , without resistance , or ever aiding the armies of the rebels . tertullian glories , that when possenius nigar in syria , and clodius albinus in france and britany , rebelled against septimius severus , that bloody and cruel emperor , and pretended piety , and publick good , yet that none of the christians joyned with either . and the noble thebaean legion , in the . of dioclesian , are most eminently famous for laying down lives at the command of the emperor maximinian , when they could easily have saved them ; if they could have imagined , that the protection of the magistrate failing , it was lawful for the subject to withdraw his obedience . this is visible throughout all ages and places of the christian church , and has been ever most eminently the constant doctrine and practice of this church of england , in her articles , constitutions , and behaviours ; however some that have been willing to rejoyce in iniquity have imagined some occasion of triumph , in respect of some persons , and things , which perhaps they do not fully understand : but there is too much behind . ( pag. . ) the king's zeal for his religion never pushed him beyond the measures of a pious and just prince : if he attempted any thing that has appeared since illegal , it was against his will , having had the judgment and decision of all ( or most of ) the judges , and many other protestant counsellors learned in the law , upon their oaths , and consciences , that what they put him upon , was so far from subverting the establishment of our religion and laws , that he thought he did no more than his royal predecessors had done ; and particularly queen elizabeth , and king james , by their legal , and acknowledged prerogative , which is law , as well as those priviledges which concern the subject , according to statute , as well as common , and natural law. ( pag. . ) seeing you grant , that if the king was in eminent danger , he was then driven away : i shall only say , that as long as the king did rationally believe it , and all his friends , you and i ought to believe it too , or at least acquiesce so far in it , as that his majesty hath not thereby forfeited his crown , and right : it is more mannerly to suppress the diminishing conditions of ( what you call ) a treaty , than insist upon the hardness , or unacceptableness of any of them ; as for the seals they may be brought again , by the same hand that took them away , at a convenient season . ( pag. . ) allegiance stands in its full force , make you what consequence you please ; neither is it under any suspension , for none but god can suspend it , or legally put the regency into other hands : neither is there any incapacity , by being affected , and culpable ; for nothing is supposed to be culpable in the person of a lawful king , in respect of his subjects , who are no competent judges of what are supposed his faults . ( pag. . ) as for the terms of security , the best way is to leave them to him , who is the only ruler of princes , by whom alone kings reign , and princes decree judgment ; and that without the expectation of miracles , to preserve us under our again restored sovereign ; forasmuch as he sees those rocks upon which he dash'd before , and doubless will avoid them , as becomes so great , so wise , and so experienced a prince : neither need we now fear any jesuits in the council , no , nor so much as any papist in the government ; seeing they now expect and desire no more priviledge than they have in holland , nor so much neither , unless the king and parliament shall vouchsafe it them ; no danger therefore of throwing our selves back into any miserable condition upon the king's return . ( pag. . ) oaths are binding , although those in behalf of whom they are taken do not perform their part . the breach of one man's duty , will not legitimate an others . the matrimonial oath is not absolutely made for term of life , but god himself has put in an exception in the case of adultery , which he has not done in the case of loyalty ; wherefore the oath of allegiance binds semper , & ad semper , and admits of no intermission , or interception . the king never ceases to be a king till he ceases to be a man ; and it is a contradiction in terminis , that the next heir , should be at the same time king : for if he be actually king , he is no heir ; and while he is an heir , he is no king. ( pag. . ) for all your new fangled interpretation of that maxim — the king can do no wrong ; it is to be understood of the king's person , not his power , in your sense ; for his power , even in his minsters , may possibly do amiss ; but this is not to be imputed to , or exacted of his person , but his instruments , whose fault it is , if he be not better advised . ( pag. . ) as for the presidents of edward ii. and richard ii. 't is too long to examine their histories : but , let me offer in general , that never any king of england was judged in parliament for their male administration , in quiet and sedate times , but always soon after some great commotions or rebellions . and would you bring the acts of the rump , or those at the latter end of king charles i. reign , for presidents of law , especially against a king ? for the judgments of edward ii. and richard ii. whether they were ever revoked or not , by the succeeding kings , is a question ; but this is certain , that some of the conspirators against edward ii. were in the th . of edward iii. adjudged and attainted in parliament , although the king was but a child . and as to that against richard ii. it was given in the first parliament of henry iv. whose son , and son's son , reigned after him , and was the foundation of their usurping titles , and so could not be for their honour or interest to have them set aside . and besides , edward iv. who succeded that line , claimed from edward iii. and not from richard ii. he leaving no issue , whose business it might have been , more properly , to have seen the judgments against his father abrogated . besides , notwithstanding that , richard ii. was murthered so inhumanly , yet he was several times set up , by the people , against henry iv. which shews what opinion they had of that scandalous judgment . but for that against charles i. which was much of the same nature , all the proceedings against that unfortunate prince were , by act of parliament , ordered to be taken off the file , eraced , and ( if i am not mistaken ) ordered to be burnt by the common hang-man ; and the persons concerned , by parliament , attainted , and most of them executed . besides , considering the distance of time between richard ii. and edward iv. which was yeras probably erasing them would not quit cost , nor be tanti , in comparison of the smoak and puther those agitations might raise , between king and people ; to prevent which , the wisdom of those latter definitions ( you speak of ) is conspicuous , and has been successfull to the peace and welfare of the kingdom . but our author in this matter , ( as well as to the right of a husband , who marries the heiress of the kingdom of england , ) shews his little reading in the laws and statutes of this kingdom : for if he had any , he would have remembered what the parliament , by an established law has declared , after giving a history of the proceedings against king charles i. that by the undoubted and fundamental laws of this kingdom , neither the peers of this realm , nor the commons , nor both together , in parliament or out of parliament , or the people collectively or representatively , nor any other person whatever , ever had , have , hath , or ought to have , any coercive power over the persons of the kings of this realm , which is , i hope , a full abrogation or declaration of the illegality of those judgments of edward ii. and richard ii. with a witness . the convention , which you call the representative of the kingdom , having such an honour and deference to the prince , it is to be hoped , they will concur with his highness , in laying the blame on the evil counsellors rather than on the sacred person ( which you acknowledge so ) of the king , his father , and uncle , and great obliger . as to the calling his majesty's honour in question , he has born a great deal of that already . in gods name ; if another mother , father , nurse , midwife , servants , will come in , and confess all , with due credible circumstances , ( outweighing the depositions upon oath , of so many protestants , and others ) let them come forth and be heard ; and that with all safety , till the truth be out . let us try all things , and hold fast that which is good ; and let truth never fear the frowns of any imposture , how great and powerfull soever . this , i conceive , is the cardo controversiae ; and , i hope , we may wish his majesty's affairs , and all his royal family , may thrive and prosper according to the merit of that great cause . ( pag. . ) the th . paragraph is wholly spent in throwing down the imaginary treaty with the king ; and the arguments are so strong against any indecent proposal that i cannot answer them ; neither is it the interest of the cause , if i could . ( pag. . parag. . ) there my author contends , that this nation is a protestant kingdom incompatable with popery , or a popish king , witness the exclusioners — you know it was compatable before the reformation ; and you ought to know , that dominion is not founded in grace : neither do the temporal rights of princes depend upon religion , whether true or false . the power of the magistrate is never the more from god , because he is a good man ; and never the less from god , because he is a bad man : to this purpose is that of st. augustine , in his fifth book de civitate dei , — qui augusto ipse & neromi , &c. qui constantino christiano , ipse apostatae juliano , &c. he that gave the soveraign power to augustus , gave it likewise to nero ; and he that conferred it upon constantine a christian , bestowed it in like manner upon julian an apostate . ( pag. . ) as for the king's friends , i dare say you , sir , are none of them ; and they know how to construe his absence from them , without your invidious suggestion of his abandoning them . true friendship , much less steady loyalty , will never think ill of a prince in such circumstances ; who has done so much good , and so little deserved any ill usage from his subjects . as for the disbanding the army ; what danger was there of their turning banditti , when there was such a potent and successful prince , and power to suppress them ? and the event shews this suggestion to have been meer malice . upon all this , is it natural ? i say it is unnatural to declare the throne void , which the law looks upon as impossible ; no , not upon the death of a king , who in law never dies ; insomuch that it never admits of an interregnum , much less vacancy for another candidate . that the king therefore has fallen from all right to the throne , is a chimaera , and figment of this authors brain , proceeding from a vacuum , or vacancy , never known , or understood , or read of before . as to the king's return from feversham . — doubtless had he thought himself in safe and honorable circumstances , he had stay'd ; and , then there would have been no want of the seals , or a parliament , or any other concession , that was fit for a good king to grant , to make his people happy ; which they can never be , without rendering to caesar the things that are caesars ; and acknowledging the lords anointed , to be their only lawful sovereign during his life . ( pag. . line . errata . ) instead of unbounded , read legal , or scriptural , or primitive loyalty ; which is as much as the king , or our clergy call for . to conclude , your flurts and dawbing , can never alter the steady principles of the reverend and learned clergy , who have declared themselves abundantly , ever since the reformation , in behalf of the crown , and in favour of entire loyalty : and it is not nature ( as you say ) they must conquer , but scripture and reason , primitive and establish'd authority , their own great learning , and their well regulated consciences ; if they ever depart from the glory of the church of englands loyalty , which they have so nobly , so faithfully , and so dutifully asserted and propagated , as a most evident and fundamental truth . postscript . since i wrot this i heard some ask at a bookseller's shop for dr. burnet's enquiry after allegiance , &c. and therefore to do the doctor right , i have added some of his own words transcribed out of two of his sermons . pag. . ] — david , his going out with the armies of the philistins , and professing a great desire to fight against the enemies of achish , who were no other but saul his natural liege . lord , and the armies of israel , ( wherein he acted a very unsincere part , or did really resolve to have ingaged against them ) are things so manifestly contrary to the laws of god , that they give a strong presumption , that the whole business of his taking arms , was contrary to law , and religion . pag. . ] may not one be said to kill the king , that robbed him of his revenue , power , and authority , and every thing that was necessary for the maintenance of the royal dignity ? pag. . ] there is a tribunal set up by god for the magistrate in all our breasts , which will pass sentence severely , and will not be put off by the tricks of law , &c. pag. . ] the higher powers being deputed by god must indeed render him a severe account , but not to others ; we are therefore to obey them for the lord's sake . pet. . . pag. . ] christ did in the plainest style was possible condemn all practising's against government upon pretence of religion , by saying , my kingdom is not of this world , &c. joh. . . this does so expresly discharge all busling and fighting on the pretence of religion , that we must either set up another gospel , or utterly reject what is so formally condemned by the author of this we profess to believe . pag. . ] though after that the emperors turned christian , and established the faith by law ; yet neither did the subtil attempts of julian the apostate , nor the open persecutions of some arrian emperors , who did with great violence prosecute the orthodox , occasion any seditious combinations against authority . pag. ] they are without more ceremony of words . traytors , who subject our sovereign's rights which he derives from god only , to a foreign superior power , &c. pag. . ] the dr. taxes also those who pretend a great heat against rome , and value themselves on their abhorring all the doctrines and practices of that church , and yet have carried along with them , one of their most pestiferous opinions , pretending reformation , when they would bring all under confusion ; and vouching the cause and work of god , when they were destroying that authority he had set up , and opposing those impowred by him . and the more piety and devotion such daring pretenders put on , it still brings the greater stain and imputation on religion , as if it gave a patrociny to those practices , it so plainly condemns . this is judas-like to kiss our master when we betray him ; and to own a zeal for religion , when we engage in courses that disgrace and destroy it . but blessed be god , our church hates , and condemns this doctrine , from what hand soever it come ; and hath establish'd the rights and authority of princes , on sure and unalterable foundations , enjoyning an entire obedience to all the lawful commands of authority , and an absolute submission to that supreme power god hath put into our sovereign's hands . this doctrine we justly glory in ; and if any that had their baptism and education in our church , have turned renegades from this , they proved no less enemies to the church her self , than to the civil authority : so that their apostacy leaves no blame on our church , &c. this is enough to clear the doctors reputation , and moreover to entitle it — dr. burnet ' s answer to the enquiry about allegiance . finis . notes, typically marginal, from the original text notes for div a -e car. . cap. . notes for div a -e dr. g. burn. sermon on sam. . . preached jan. . - . dr. burn. sermon on rom. . . christianity, a doctrine of the cross, or, passive obedience, under any pretended invasion of legal rights and liberties kettlewell, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) christianity, a doctrine of the cross, or, passive obedience, under any pretended invasion of legal rights and liberties kettlewell, john, - . [ ], [i.e. ] p. printed for jos. hindmarsh, and rob. kettlewell ..., london : . reproduction of original in huntington library. attributed john kettlewell. cf. nuc pre- . table of contents: [ ]-[ ] errata: p. [ ] created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion christianity , a doctrine of the cross : or , passive obedience , under any pretended invasion of legal rights and liberties . london : printed for jos. hindmarsh , and rob. kettlewell , and are to be sold at the golden ball in cornhill . . to the reader . it is a sad reflection to a true christian spirit , to see some of the noblest virtues of our holy religion , and points of good practice , not only neglected in the lives , but endeavoured to be driven out of the reverence and esteem of christians . among these , i think none of late have bore more of the rude batteries of noise and violence , or fallen deeper under the wanton sport or malicious strokes of profane wits , than the doctrine of passive obedience . i take it to be an unquestionable gospel truth , and primitive doctrine . and to carry in it the most lively exercise and expression , of the two grand virtues , of faith , and patience . it is faith , that under persecuting or oppressive governors , rather than save our selves by sinning against god or them , dare run ventures , and trust or rely on him , either to prevent those persecutions and outward losses , that are ready to meet us in this stedfastness to our duty , or to support us under them , and abundantly compensate and reward us for them . and it is patience , that bears all the pressing conflicts without fainting , till the grace of god has brought us through them . and these two virtues , raise us so much above our selves , and this world ; or above human weaknesses , affections , and interests : that god has always dignified , them with especial marks , and prerogatives of his favor and acceptance . and on the same account , good men have ever held them , as the brightest glory of the saints , and what they were most ambitiously to aim at . as on the other hand , for the same reason , they have ever been the greatest terror and stumbling-block , to worldly and carnal minds . my design in the ensuing papers , is to do what seasonable service i am able , to this great and noble instance , of oppressed truth and righteousness . and because , after all that has been so often , and so well said of late upon this subject by others , particularly in the elaborate and much celebrated discourses , of jovian , and the case of resistance of the supreme powers stated , &c. the adversaries of this truth still insist with great confidence and triumph , upon the plea of legal rights for authorizing resistance ; i have singled out this plea , and discuss'd it in the ensuing treatise . my aim is , not so much to ingage in particular and personal disputes , as to speak to the argument ; and to say so much , as among minds willing to see it , may be sufficient to prove and establish a doctrine so necessary , as that whereof i write , and to obviate the most colorable pretences brought against it . passive obedience , is a great , and practical truth : and i seek herein , by setting it off with as much strength and clearness , and withal as briefly as i can , to build up honestly disposed readers in the belief and practice thereof , notwithstanding any things , which , either in pretended favor to religion , or on any fancied autority from civil right , they shall find urged in opposition to it . i must advertise thee further , that this treatise was sent away in company of another , intituled , of christian prudence , &c. and being both then prepared , and designed for the press , there is a reference to it in page . of that book . which , not being observed by those , who had the care thereof , ( the author himself being at a great distance from the press , ) that book was published first , and this was left to follow it . and now it is come abroad , i beseech almighty god of his infinite mercy to vouchsafe it his acceptance , and to accompany it with his grace , that it may not fail to do an holy religion some honor , a noble , but decried and exploded duty , some credit , and thy self and his church some service . the contents . chap. i. no arming against sovereign powers , in love for religion . religion , an internal thing . so . others force , can never make us lose religion . but only the external things about religion . nor binder the force of our ministry . . when religion suffers force from persecuting sovereigns , to rise in arms , is not a way for us to defend and preserve religion . chap. ii. that the subjects of the empire had legal rights . the invasions upon laws , in the days of christ and his apostles . yet they preached up submission and non-resistance . the emperors were to govern by laws . in what sense said to be loose from the laws . the romans had both their laws and customs , and several freedoms . chap. iii. of invasion , &c. under the persecuting emperors . the persecuting emperors invaded these legal rights . an account thereof in several particulars . chap. iv. the christians passive obedience , under these invaders of legal rights . many emperors in fact , and opportunities for resistance . the christians still true to the rightful emperors , not resisting under invasions of legal rights . the general pleas for resistance never more strong , than under those emperors , shown in particulars . chap. v. of passive obedience under invasions of legal rights among the jews . of persecutions of religion against law , and of the illegality of idolatry , among the jews . of breach of property against law by their kings . vnder all which no liberty of resistance . no evading these scriptures , by saying their kings were personally nominated by god. nor the scriptures of the new testament , by the answers given to them . chap. vi. of the unlawfulness of resistance on such invasions of rights , by our own laws . no pretence left for resistance , by our laws . nor from the subjects share in legislation . no appealing in this point from the letter of our laws , to the equity thereof . or to the nature of our constitution , and to the end of our frame . chap. vii . of passive obedience under invaders of natural rights , &c. natural rights as defensible by arms , as civil rights are . subjects must defend both , by ways consistent with subjection . no great difference , as to point of resistance , when religion is persecuted , whether it stand on its own right , or on civil right . nor betwixt our case and that of the primitive saints , on the distinction of absolute and limited governors . chap. viii . no resistance , on pretence that acts against law are inautoritative . non-resistance due to a king , whilst the regal autority is not forfeited , but resides in his person . this it doth for all his unautoritative and illegal actings , which is shewn in several instances . no making war upon him for the same , because they do not disauthorize his person , or unking him . an answer on these grounds , to several questions about the autority of kings acting against laws . chap. ix . the reasons of non resistance , &c. on what grounds , the primitive saints paid this non-resistance . non-resistance on invasion of laws , doth not make arbitrary government . errata . page . line . read of our holy. p. . l. . r. of this world. p. . l. . r. that it is but fit . p. . l. . r. this external force . p. . l. . in the margin , r. cited . p. . p. . l. . in the margin , r. apol. p. . &c. . p. . l. . in the margin , r. &c. l. . p. . l. . r. romans . p. . l. . r. to bear . p. . l. . r. which no judge . and l. in the margin , r. convenit eum . p. . l. . in the margin , r. vindemiam . p. . l. . r. persecutors . p. . l. : r. manner p. . l. . r. third . p. . l. . r. houses . p. . l. . r. not on . p. . l. . r. salvo p. . l. . r. sue for it in . christianity a doctrine of the cross . passive obedience to sovereign powers , is keeping under their obedience , when we suffer wrongfully at their hands . if they command things against the law of god , or of the land , we ought not ; or if against the inviolable liberties , which laws have secured against the prerogative in their respective kingdoms , we need not ordinarily be active , in doing what we are bidden . in other things , a just and lawful authority must have active obedience . but when they come to punish against laws , or for such things as with a safe conscience their subjects could not act in ; they are still to continue under their obedience , and in a state of subjection . and this is by being passive , or not rising up to resist , and levy war against them . they may seek to guard off the unjust suffering , by petitioning , by claiming the help of law from courts of justice , whilst there are any provisions for help yet untryed therein , or by any other fitting ways consistent with subjection . but not by running to arms when all other ways fail , and by lifting soldiers , ( for no man will stand in arms by himself against him , ) to defend their own rights against their lawful sovereign . whilst a prince is our lawful sovereign , obedience must be due to him ; and whilst we are under his obedience , we must be passive , and have no liberty in this sort to resist him . this doctrine of passive obedience , and non-resistance , seems both most plainly prescribed by the precepts , and most sutable to the spirit and genius of holy religion . the fifth commandment , under the name of honor , injoyns both reverence and support of princes , as our politick fathers . but when subjects make war upon them , instead of paying fear and reverence , they are plainly in a state of bidding defiance : and when the sword is unsheathed against them , that is evidently not for their support , but for the beating and pulling of them down . put them in mind , saith * s. paul , to obey magistrates . but there is most visibly an end of obedience , when things are come to this pass ; and men under command cannot possibly do any thing more contrary to shewing obedience , than to rise and fall upon their commanders . submit , † says s. peter , to every ordinance of man. yea , let every soul be subject , ‖ saith s. paul. but what becomes of submission , when they fall thus to resisting ? for every man must needs be sensible , he doth no longer submit to another , when he stands up to resist and fight against him . christianity , is a doctrine of the cross , which is one of its distinguishing marks ; nothing , in account thereof , being more necessary , more proper , and praise-worthy , than for christians , to * take up , and bear crosses . whence came those crosses , so much as from the persecuting powers ? and if the crosses , which christians profess to bear , are such as persecuting sovereigns lay on : it is plain they profess not to resist , which is out of the way of bearing , but to shew passive obedience under them . for there is an end of taking up , and bearing crosses , when , instead of taking up and bearing , men set themselves with all their might to shake them off , or beat them back again . these passages , and such like , do sufficiently bear out the duty of non-resistance , even to the most ordinary understandings , if they will but attend to them . besides , that s. paul has † told us in express terms , that they who resist the higher powers , shall receive to themselves damnation . all this was true , say the advocates of resistance , at those times , and in those cases , for which these rules were given . but those were , where the wills of governors were laws , or where the laws brought crosses : not where the laws , as it is with us , are a cover against them . religion it self , say they , doth not authorise resistance ; but civil right doth . and if religion is by law made a civil right , we may resist for it , as we may for other civil rights and properties . not being bound by any of these precepts , to bear crosses which the law keeps off . nor tyed to submission , under invasion of civil rights , which carry with them a power to rise in defence thereof . this plea , is set up as the main strength of ‖ those , that argue against the doctrine of passive obedience . and my design is particularly to discuss it , and to inquire whether the precepts and obligations to passive obedience , were given and kept , with an exception of these invasions of civil rights , or with a design to bind under them , and as a rule to christians , whilst they suffered such invasions . this way of warlike resistance , is a very hazardous course , and thereby men extremely expose their own persons . and that which tempts them thus to hazard themselves , as the most serious are wont to profess , is their affection for religion . like as that , which is given out to justifie them therein , is its being made a civil right , or legal constitution . and i shall endeavour to shew them , that religion gets no good by it : so they are mistaken in the way of shewing their affection . and that its being a civil right , will not warrant them therein : so they will miss also of their justification . the former i shall not pass over , without saying so much , as i think sufficient to undeceive the honest and well meaning . but the clearing of the later , is what i principally design . chap. i. no arming against sovereign powers , in love for religion . to take off the pretence , and temptation to war-like resistance against the soveraign powers , for the sake of religion , i shall shew in the first place , that this rising in arms , is no wise expression , of mens care and kindness for true religion . religion , is an internal thing . it doth not hang without us , as the things of the world ; but is inward , in the mind . it is lodged in our hearts , and is to dwell upon our spirits . the kingdom of god is within you , says our saviour , luk. xvii . . it consists in a † new nature , and the renewal of the mind , says s. paul , rom. xii . . it lies in faith and obedience , which are spiritual and internal things . their power , and excellence , take life from , and are seated in the inner man : though they are expressed and made visible , in the outward conversation . and depending thus purely upon our own minds , it may equally subsist under all the alterations of this world , whether prosperity or adversity , peace or persecutions . to believe , and to do right , which is the whole of religion , is alike practicable under all times , and in all circumstances . and whether we shall do thus or no , is not in the power of others , but , under god , only of our own wills . this makes the rewardableness of faith and obedience , that they are to be the oblation of our own good will , and we are to chuse them . it also shews the excellence thereof , that , depending on our own will , nothing else , which can never force our wills , can rob us of them . these virtues , lodged in a truly good heart , are like a treasure laid up in heaven , where no thief can break through , or steal , mat. vi . . no powers , that can force away from us any outward things , are able to storm our hearts , or force what is within us , viz. a good conscience , or that joy and peace , which is the consequent thereof . your joy , says our lord to his disciples , no man taketh from you , jo. xvi . . and from this , i shall note two points fit to be considered in this case . first , others force , can never make us lose religion . for no force can reach it , not being placed among things , that are liable to be forced away , but lodged in the heart . any outward force upon us , must stop at the outside of us : or , if it pierce further , it will force away our lives , before it reach our hearts . nay , when it comes there , it may force our hearts out of our bodies ; but it cannot force our religion out of our hearts , unless we please . our hearts , where religion reigns , are only in the hand of god , and of ourselves . indeed , religion , whilst professed in this world , by the blessing of god , has oft much of the encouragements of this world. and these worldly advantages and encouragements , are subject to the same force as all other worldly things , and may be taken away by violence . and the losing of what is worldly about religion , in the eye of worldly wisdom is the losing of religion . it thinks religion is gone , when the worldly recompences and inducements about it are : and that to keep religion in the land , it must be sure to keep them here . and accordingly , when persecution comes , whose business is to force away these worldly goods from religion , it asks , what will become of religion ? but all this while it considers not , that religion is a spiritual thing , which can subsist without these worldly encouragements : that it looks all at another world , and so can continue the same it was , when bereft of all the good things of this world : that , tho it may have things without in possession , yet is it none of them ; but lives it self and is lodged within , where no force can come , but where it can keep whether outward force will or no. what would these worldly wise men have said , had they lived in the days of christ and his apostles ? for then they would have been called to embrace religion , and at the same time to leave this world ; and have seen religion thrive , when it had nothing worldly about it : and all that persecution can do at any time , is only to bring it into this , which was its primitive state. but religion is not lost then , but kept and upheld , and subsists as truly as it did the first day it appeared , and all the time it was growing up , and making its way over all that opposed it , in the unconverted world. this , in christianity must pass for a certain maxim , that , tho ill arts , to keep off persecution , may , and in gods just judgment ordinarily do ; yet persecution it self never shall destroy the church . our blessed lord has given us his own word for this ; the gates of hell , i.e. all the powers of darkness , shall not prevail against the church . mat. xvi . . and persecution is one of their main and strongest batteries . yea , persecution doth not waste , but improve and increase religion . it destroys it , among worldly wise men , who are driven from any thing by worldly considerations . so that if any are religious only , or mainly from worldly motives , they will quit and give it up for worldly losses : and worldly wisdom , rating who will keep , or who will forego it , only on worldly prospects ; it concludes religion , if not quite lost , must needs be mightily brought down , almost to nothing , by persecutions . but 't is otherwise , in the eye of spiritual prudence . for that knows it , as i say , to be seated in mens hearts , and free wills ; and so to be without the reach of outward force and devastations . and that its genuine and proper supports , which it stands on there , are not the good things of this , but the future hopes and expectations of another world , which no persecutors can take from us . so that when they have done their worst , and despoiled us of what is most valuable in this world ; yet all that is still left , which jesus christ the author thereof has offered to support it . nay , that , instead of being abated , is heightned , by what they take from us . because , the more we suffer for our duty here , the more we are to hope , and expect to receive hereafter . the other world , which is to make men religious , and to support religion , is not only as much , but a great deal more for us , when we are under persecutions , than when we are under none . indeed persecution , leaving no external visible support , is the truest tryal of pretenders to religion , and discovers , who follow it mainly for the sake of what is not its own , viz. present indemnity at least , if not recompence and incouragement ; and who , for the sake of what is , viz. future and unseen rewards . they are a touch-stone , to try hearts and tempers , that they who are approved , as s. paul says in case of heresies and schisms , may be made manifest , cor. xi . . accordingly in the scriptures , we read of tryals and temptations , meaning persecutions , cor. x. . jam. i. . and of the fiery tryal , or furnace of affliction , that fines and purges the gold from the dross , pet. iv . . † persecution is not only most worthy of god , but , as i may so say , necessary to him , for the probation or reprobation of his servants , says tertul. and making this discrimination , it will lessen the number of the external professors of religion . it strikes off all the seed sown in thorny ground , which can be choaked by the cares of this world , mat. xiii . . . and those on the stony ground too , who have no sufficient root of religion , but too much of this world , and whose root , lying almost at the surface , is soon scorched and parched up when the heat of persecution comes , ver . . . . it is the fan , as ‖ tertullian says , that purges the lords floor , winnowing the church , which till then is a confused heap of professors , and separating the chaff and light corn from the good wheat , the nominal from the real , the christians of this world from those of a better . but it takes off no right christians , who are not right , so long as any thing can make them desert their saviour , or any duty of his religion , when they are call'd by him to own and stick to them . if any man love father or mother , or his own life more than me , he is not worthy of me . mat. x. . . luc. xiv . . if he take not his cross and follow me , he is not worthy of me . mat. x. . if he doth not bear his cross and come after me , he cannot be my disciple . luk. xiv . . as for those who are right true christians , persecution perfects them . it takes them off from fleshly delights , and cures their inordinate love and complacence in , or hankerings after this world. it makes them sit loose to it , and have a generous contempt thereof . it heightens their pious resolutions , instead of abating them ; it doth not stop their carier in duty , but enliven it . it begets in them a triumphant disdain of the injuries or reproaches , that are thrown upon them for doing a good thing ; and a complacence in the cross , instead of a displeasure with themselves , when it meets them in a good cause . for in these sufferings , having the support of god's promises , the comfort of his spirit , and the applause of a good conscience ; they are not only patient under their lot , but satisfied with it : they do not only bear their burden , but glory and rejoyce therein . blessed are ye , when men shall revile you and persecute you for righteousness sake . rejoyce then and be exceeding glad , says our lord , mat. v. , , . luc. vi . , . count it not strange , but rejoyce , in as much as ye are partakers of christs sufferings , that ye may be also of his glory . under such sufferings , happy are ye , for the spirit of god rests upon you , says s. peter , pet. iv . , , . accordingly , says s. paul , i take pleasure in necessities , in persecutions , in distresses for christs sake , cor. xii . . and the hebrews took joyfully the spoiling of their goods , knowing they had in heaven , a better and more enduring substance . heb. x. . a state of persecution , is the most advantageous time for a christian to appear perfect in ; and passive virtues , are the best ornament , and most compleat dress , wherein he can shew and recommend himself . he is never so good , so glorious , and great , as when he is bravely and undauntedly doing his duty , and confessing under the cross of christ. nay , put the worst that can come , that such a religious man be cut off , and dye for his religion : yet even then must no man prophanely ask , what is become of religion ? for that is then become which should become of it , viz. to carry the professors thereof to be everlastingly happy in heaven . and by their dying for it , which is more , no hurt but good will come to religion among those that survive . for persecution , as it perfects , so it spreads and propagates truly religious men . if religion thereby loses out-side professors , it gets sincere and faithful followers . the church loses not so much by the sufferings , as it gets by the examples of the holy and blessed martyrs . for these strangely affect , and strike upon the spirits of men . their faith , and patience , and other noble virtues , shew men the power , and excite their curiosity , and mightily dispose them to hearken , and inquire into the truth of what they suffer for . so that semen est sanguis christianorum , the blood of the martyrs was the seed of the church , as † tertullian says they found by experience in the sufferings of the ancient church . these influenced , not only the weak , but the wisest persons , bringing in such as justin , that renown'd philosopher and martyr , to see and receive the truth ; the great occasion of his conversion , as he * himself relates , being that constancy and religious bravery the martyrs shew'd in their sufferings . there is a witness in the blood of saints , that begets faith in beholders : and therefore among the three , that bear witness to christ on earth , s. john reckons the blood for one ; the spirit , the water , and the blood , meaning thereby their sufferings in his cause . jo. v. . and s. paul , noting the signs of an apostle , who was to persuade and get belief in others , tells the corinthians , they were wrought among them in all patience . cor. xii . . their sufferings , were one proof of their being gods ministers . in all things , saith he , approving our selves as the ministers of god , in much patience , in afflictions , necessities , distresses , and persecutions of every sort , as well as by the word of truth , and by the gifts of miracles or the power of god , cor. vi . , , . the patterns and the prayers , the passive graces and sufferings of the primitive saints and martyrs , as well as their preaching and miraculous powers were a cause that spread religion so strangely under the primitive persecutions : instead of cutting off , it was really a widener , and a true prolifick principle and seed of the church . thus doth god turn this great rule of worldly wisdom into mere folly. in this , he absolutely confounds the wisdom of the wise , and takes the fleshly wise , as the scripture says , in their own craftiness , and demonstrates how the wisdom of this world is foolishness with god. cor. iii. , . when persecutions go to destroy the religious , they do not pull down , but propagate and advance religion . when they destroy and cut off some , they drive in more , and religion gets new ones in their room . it loses none but out-side or insincere professors , but increases in the number of hearty and upright followers , who are the true honor of religion and ornament of the church . from this i observe , how we must not say with worldly wise men , that worldly ease and immunities are best for religion . indeed , outward peace and privileges , are things very valuable and acceptable to its professors , as their place of professing it is here in this world , and whilst they bear about them fleshly natures . but , as we must thankfully value , and improve it , when we have it ; so must we consider too , that religion it self , and the spirit , ( tho the flesh be of another mind ) may be bettered by the want thereof . and therefore , that is but fit in this case , to leave god to take his own way , and chuse for us . and if at any time he is bringing persecution on , 't is not for us to step out of his way to keep it off , and excuse our selves by saying , it is better for religion . for when was it ever better for the church , than in the first ages , when they run thro the most , and forest persecutions ? is not that best for the church , which makes the most and the best good christians ? and when were they more , or better , in the places where christianity prevail'd , than in those first and persecuting ages ? were not those times , a continual , and vast increase , of fresh converts ? and were not those converts of much better and more christian lives , under this discipline of persecutions , than others use to be in times of peace and secular advantages ? and on the other hand , to abate the advantage of worldly peace and possessions , are not they too liable to carnalize and corrupt the spirits of men ? do not the worldly possessions , which were design'd to encourage men in the way and ministry of religion , too oft steal their hearts away from it ? and then , when a persecution comes for any necessary truth or duties sake , instead of being a friend and support , are not they an enemy within the walls , to betray and deliver it up ? the sad experience of such general and shameful defections from religious truths , to hold their worldly possessions , made faustinus and marcellinus in their book of prayers to the emperors , to call them * perniciosissimas possessiones , most pernicious possessions ; yea † to wish , that the church had never been possessed of them , that living after the manner of the apostles , it might still have more inviolably possessed the integrity of the faith. i know there are many great and valuable advantages by worldly possessions , for which the church has great cause to be thankful to god , and all its benefactors : but these , in trying times , are advantages only to wise men , who have raised affections , and retain a true spirituality of mind , and contempt of the world , in the midst of all secular enjoyments ; being , on such occasions , the greatest snare and bane to all others . so that the advantage pleadable from these , is only to those who can let them go for religion , and love god and their duty above them . and when god sends persecution , it is both the school wherein to shew forth this raised temper of mind , and wherein to improve and perfect it . 't is not for us therefore to say , it is better for religion , but only for flesh and blood whilst they profess religion , to be out of persecution . for when god sees fit to send it upon his church , as he always doth when they cannot shun it without sin : he designs , and will undoubtedly effect it , to purge and purifie , to perfect and promote , true and acceptable religion and godliness thereby . and all that loses , is only mixt and mongrel professors , and our own worldly and carnal selves . such , is the real importance of persecution , to religion and the church . it gets more thereby , than it loses . it is deprived of nominal , mixt professors ; but augmented with better christians . tho it should shew fewer professors ; yet can it at such times produce more , and more perfect saints , and heirs of eternal happiness . it takes from its faithful followers , worldly things , not spiritual ; present , not future . so that it destroys , or lessens it , only in the opinion of worldly minds or fleshly prudence , who look only at what is kept or lost of this worlds goods and advantages : but advances , confirms , and multiplies it in the opinion of the spiritually minded , and according to the estimate of true christian prudence . like to this , of others force not making us lose religion , is another observation , of others force not hindring the effect of our ministry . this is wont to be one plea at such times . for as the people are ready to say , they take arms against their persecuting prince , that they may not be deprived of the benefit of their ministers : so among the ministers themselves , are some tempted to stretch and go greater lengths in complyance therewith , than they think their duty allows , on pretence of serving god , and keeping in to do good in their places . if we stick at this , say some , what will become of our ministry , and the exercise thereof ? and what way can we have , to do god service in our stations . now , if this has any force at all , it seems to be against gods own ordering , as if in this disposal of providence , he had called us from a better way to a worse , and in debarring and discharging us from our former stations , ( as he doth , when we can no longer hold them without sin , ) had summoned us to a less useful post to serve him in . but a mind that truly and sincerely seeks to serve god , and not , under an hypocritical pretence thereof , to serve its worldly interests , will easily give him leave , when he sees fit , to change the scene of our service , and to chalk out and call us , as he pleases , to the place where , and the station in which he will be served . and besides , the external force , tho it drive us out of our stations , will not take us away at such times , from doing him service . for , besides what we have opportunity then to do for him , we may serve him more by suffering in a good way , than we ever should be able to do by keeping our stations through a bad one . nay , our sufferings for a good cause , may be like to be of more real use and influence , than all our preaching up the same cause might be , without suffering . there is a witness in the blood , as i observed , and a persuasiveness in the sufferings of martyrs and confessors , which affects and convinces more , than any words or sermons they could use . let us then , on such occasions , take care to suffer christianly , and leave it to gods care to supply any want of us in our stations , and to serve himself by our sufferings , more than it were possible for us to serve him by any other ways . and as others force , can never make us lose religion : so neither secondly , when force and persecution comes upon religion , especially from our governors , in the eye of spiritual wisdom , is our armed resistance , or encountring force by force , a way to defend and preserve religion . if our force be a way to preserve any thing at such times , it is the worldly appendages of religion : viz. our secular profits , civil liberties , powers , honors , and other advantages , which the laws have conferred and settled in favor of the truth , and given the professors thereof a title to . what it can have any pretence to , is to guard worldy things , possessed by religious men , as they are members of this world , as well as professors of religion . and if it come in to guard worldly things , it is on the score of worldly prudence , and is made use of by the religious , not as religious , but as worldly wise . tho , as to publick force for redress of publick grievances , however to the aggrieved , before they have tryed , it may seem otherwise , i think it is a most unwise course : and instead of preserving what part of those worldly things was endangered , it brings all into much greater danger , and to secure one part , throws away several . adding only this for our recompence , that instead of losing and suffering a little , against the grain of our angry passions ; it throws us into the suffering of a great deal more , but in the pleasure and pursuit of them . but as to religion , it is not outward force , but faith and patience , prayer and good practice , which is the way to preserve it . this may seem a riddle in the eye of worldly wisdom , and pass not for the prudence , but for the folly of religious men. but this foolishness of god , as the apostle speaks , is wiser than men ; and this seeming weakness of god , is stronger than any boasted force of men , . cor. i. . and when their magnified ways , by humane confidences , and an arm of flesh , instead of preserving , betray and undermine the religion they fight for , and these worldly-wise are not delivered by , as they promised themselves , but taken in their own crastiness : this despised way of faith , and patience , and good prayers , which builds on god and not upon our selves , and which he counts wise , though they count foolish , is found not only to preserve , but to promote it , and to make it glorious and triumphant . thus it did in greater tryals and persecutions , than any god has proved his church withal in these later ages . and it will still have the same effect , to those who dare trust god with religion and themselves , and allow his providence and promises , to make up to them , what humane appearances do to carnal politician . in your patience , possess ye your souls , or preserve ye them , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes , as mat. x. . noting not our possessing , but acquiring . per tolerantiam salvos facietis vosmetipsos , as † tertullian cites this place . that is , by your sufferance or patience , you shall make your selves safe , says christ to his disciples , when that patience , seemed not the way to possess and preserve , but to expose them . luke xxi . . he that will save his life shall lose it ; and be that will lose his life for my sake , the same shall save it , said he in those times , when mens necessities , would make them listen after all human arts and devices , to save themselves . luke ix . . in returning and rest , shall you be saved , in quietness and confidence shall be your strength , your strength is to sit still , said god by isaiah to the jews , when , in their distress , they were promising themselves more relief from the unlawful aid of egypt , and from tumultuary ways . is. xxx . . . this is to be taken off , indeed , from human strengths , and staid on providence . but that makes it only a greater tryal of faith , not a weaker remedy and method of relief . for when all is done , the last and best security is providence . and the surest way to fix that in our favour , is this of faith and patience . thou wilt keep him in perfect peace , whose mind is staied on thee , because he trusteth in thee , is. xxvi . . and the lord knoweth how to deliver the godly out of temptations , who rely on him by keeping in his ways ; and ●o reserve the unjust unto the day of judgment to be punished : i.e. by just judgment and ill event on their ill ways here , as well as hereafter ; as it happened , not long after this , with the gnosticks , whom in the next words he describes , those most carnal politicians , and ungodly temporizers of that age , pet. ii . . certainly , † says s. chrysostom , speaking of this prescription of our lord , which the profane spirits of this age call a mountebank receipt , or of putting on the mansuetude of sheep , and the simplicity of doves , when we are sent out in the midst of wolves : certainly , says he , as many of us , as shew forth the mansuetude of sheep , shall easily overcome our enemies . yea , though innumerable wolves compass us about on every side , we shall be preserved safe , and get the better of them . but if , instead of continuing like sheep among wolves , we turn wolves our selves , and put on wolfish natures ; then are we like to be overcome , as being left to our selves . for , then the shepherd withdraws his help from us , who feeds and watches over the sheep only , not over the wolves . when thou turnest thy self into a wolf , away he presently goes , and leaves thee , as one that reliest no longer on his strength , but beginnest to trust to thy own , and sufferest not his power to be made manifest in thee . for when , being vexed with injuries , thou sufferest all with a mild and equal mind , not standing up to fight for thy self , but trusting to him to fight for thee : thou attributest to him the whole triumph of the day . but if , instead of suffering like a sheep , thou shalt stand up to tear and devour like a wolf , and go out and fight against the enemy : by that thou hidest and darkenest the glory of his victory . — though this way of simplicity and patience , seem to men the most unmeet to cure , or guard against our persecutors violence : yet , says he , god that knows better , what is like be effective with human nature , than men themselves do , knows that boldness is not wont to be broken and extinguished by boldness , but by mildness . and of this we see plain experience in the holy apostles . who , as oft as the people of the jews rose against them , and sharpened their teeth upon them , imitated the dove , as our lord requires , and by answering them with a becoming mildness and moderation , overcame their anger , extinguished their fury , and retarded their hasty and violent motions . for when they said , have we not charged you over and over , that you should not teach in this name ? although they could have wrought infinite miracles , yet they neither spoke , nor acted any thing harsh and provoking , but apologizing for themselves with all mildness , said , whether it be just to hearken to you , rather than unto god , judge ye . such , as that good father truly observed , is the prosperous issue of this course of faith and patience . and that when there is nothing promising in human appearances , but all rests on faith in god , or reliance on providence . when the sheep are to arm themselves , with nothing but simplicity and mansuetude in the midst of wolves , what consolation , † saith he , can there be for them ? only the power of him that sends them . therefore this he sets in the first place , loe ! i send you — he that could have made them , that , as lions , they should have struck terror into others ; thought fit rather to order , that they should come as sheep among terrifying wolves : for that makes you more illustrious , and better declares my power and strength . this i have here said , to note the wisdom and successfulness of this way , of trusting god for relief , by keeping to his way of faith and patience , when his vice-gerents persecute us : and not stepping out thereof into any forbidden ways , as warlike force , in trust to an arm of flesh , at the suggestion of worldly prudence . and though this is not wisdom , to those that look only at human appearances : yet it will be found so , by those that mark events , and the ways and rules of providence . for god sets himself against this worldly wisdom , and turns it into foolishness , to take men off from trusting in an arm of flesh. and speeds and prospers this other method of spiritual wisdom , by surprizes of success , and invisible interpositions , and turns and ways never thought of till brought to pass ; to call us all to rely on providence , whilst , by confining our selves to his ways , we place our faith and trust in himself , as they who please may find more largely discoursed , in a treatise of christian prudence , ch. . thus , is religion to be preserved , by faith , and patience , and spiritual methods ; and not by force : it cannot be taken by force , and so needs not be kept by it . nay , instead of being preserved by force , it is impaired thereby , when it is used in its behalf . they are much deceived , that fansie war will do good to religion . instead of that , the force and fighting of religious men , are the greatest violence to religion . tho it gets by the force it suffers , it lofes mightily by the force it uses . when force gets within it , and mixes with it , whilst it seeks to preserve the shell , it consumes the kernel , and pretending to guard the body , it eats out the very heart of it . for religion it self , lies mightily in love and beneficence : he that loves another , hath fulfilled the law , rom. xiii . . a new commandment i give unto you , that ye love one another , joh. xiii . . and by this shall all men know that ye are my disciples , if ye have love one to another , vers . . but , instead of love and benificence ; wars and fightings lye all in angry passions , and doing mischief . it , is shown in forgiving ; that , in avenging injuries . it , in doing good for ill ; that , in doing all the ill men can . it , in mourning , with those that mourn ; and rejoycing , with those that rejoyce : that , in mourning for the mirth , and rejoycing over the cries and grief of others . it , in loving our neighbour , as our selves ; yea , our enemies that hate us , tho without a cause ; or , our persecutors , that hate us for the best things : but that , in hating and persecuting all as enemies , having no regard to good or ill , relations or strangers , friends or foes . that , is tender of all the things and rights , both of god and men : this of neither , sparing neither things sacred nor profane , and counting all it can take its own , and spoil and rapine , waste and devastation , no wrong . that , is for saving of lives , in regard to community of natures , and reverence to gods image : this , for destroying them . by these , and many more that might be added , it appears how religion is calculated for a state of peace : so that whensoever war bursts out , and is put in practice , the greater part of its duties are under suspension , and suffer violence . i do not say it forbids all wars : in compliance with the state and necessities of this world , on just and great causes , it connives and gives way to them . but this it doth by no means , as a way to promote it self , or advance the observance of its rules , which are in so great measure no rules at all , whilst war reigns . and therefore what it doth in this case , is only to tolerate it : it allows , but it doth not encourage , or persuade to it . besides , as the liberties of war run counter to so great a body of its rules ; so , in time of war , there is also the usual restraint taken off , and impunity added to all wickedness . they are , too often , then most in power , who are better soldiers , than christians ; and have the least sense of religion and conscience . then a shole of irreligious tempers , as pride , insolence , hatred , uncompassionateness , anger , revenge , covetousness , ambition , neglect of the things of god and religion , or open profanation of them : in a word , all vicious and corrupt passions are superinduced upon the minds of men , which are a revival of the old man , and most opposite to the very life and design of true religion . so that religion it self , is not like to have any good , more than the civil state is , by wars . its professors , will in the end be worse by it , in their religion , as well as in their fortunes . they will come out , more opposite to god , and the temper of saints , and so be worse christians . yea , not only as to its moral practice ; but even as to orthodoxy of profession , and purity of worship , religion , instead of being reform'd and amended , by the just judgment of god , and the natural course of humane passions , is too oft made a great deal worse , by warring against our governors . a spiritual defection many times accompanies a civil one ; as the israelites , with jeroboam , fell off from god to the calves , when they had revolted from the house of solomon . and in our late long civil wars , when they rebell'd for religion , by rebellion against the king , was a strange defection introduced from christianity ; ‖ some throwing out the articles of faith ; some , all the ten commandments ; some , the holy scriptures ; some , the calling , and office of ministers ; some , their tythes and maintenance ; some , the lords supper ; others , baptism , and all ordinances . in a word , among one or other of the sects , religion , instead of thriving and increasing , most lamentably suffering in its most important articles , in the very essential and constituent marks , and the visible face and external appearance of christs holy church . such , in reality , is the difference between our suffering others force in persecutions , and our using force our selves , by listing armies for religion against our persecuting rulers . we may practise all the parts of religion , whilst they are forcing us ; several , that have no place in external peace and quietness ; and all , with more perfection and honor than at other times : so that in suffering the force of persecutors , religion it self gets , whatever else loses ; and its rules , have more true and tryed , more perfect and triumphant observance , than they could have otherwise . but when we come to use force our selves , to defend religion against our persecuting governors ; in this time of force , we lay aside the greater part of its rules , and give a loose to all degenerate and vicious tempers , utterly opposite to its habits : so that , whatever else gets , it loses . and therefore in spiritual wisdom , which wisely seeks the growth of religious tempers on the minds of men , and the advancement of faith and good practice ; religion is not to be defended , or preserved , by our taking arms against its and our persecutors . it would live and thrive , be preserved and prosper'd , by our suffering : but , when to preserve those mundane privileges which are tack'd to it , we go to war , it is sure to be worsted by our fighting . jesus christ , who prescrib'd it , is stiled , not the lord of hosts , or god of battels , but the prince of peace : and the gospel , which contains it , is the gospel of peace . so , 't is our keeping quiet , not running to arms , that best suits it , and must do it good . of the unlawfulness of taking arms against the supreme power , in defence of the laws , and legal rights , and liberties . chap. ii. that the subjects of the empire had legal rights . having said thus much , to shew men how far their arming against their lawful sovereigns is from doing any good to religion : i now proceed in the next place to shew , that religion 's being back'd by law , and made a civil right , will by no means justifie them in so doing . their plea is , that the scripture precepts , of obedience , and submission , and not-resisting higher powers , but bearing crosses under them ; were not design'd for sufferers in all cases , but only for sufferers according to laws . they forbid all liberty of resisting , not absolutely , say ‖ they , to every man : but to him only , that has the laws against him ; or , who suffers under a prince , whose will is his law , and without any law to cover him . but , where men suffer in their civil rights ; or , where religion suffers , that stands by law , and is taken into the subjects civil properties ; especially where they suffer an invasion of most important rights , or a breach upon the constitution it self : those precepts , they say , forbid not resistance in such cases , nor were they given , or intended for any such sufferers . and tho the nature of religion will not , yet the nature of civil right , they think will authorize men , notwithstanding those gospel injunctions , to arm in defence thereof . i take this to be a great , and most lamentable perversion of those gospel precepts , which were given to men that had legal rights , and suffer'd the most illegal invasions of them . and to clear this point , i shall endeavour to shew , how under the most heinous and notorious invasions , that oppressive sovereigns have made upon laws and rights ; god has still call'd subjects to this non-resistance . and how such invasions gave no exemptions therefrom , either to the christians , under the persecuting emperors ; nor to the jews , under their kings ; nor is allow'd to exempt us , by our own laws . nay , if this plea , of defensibleness of legal rights , can exempt us : i think it will be found , that a like defensibleness of natural rights , would as well exempt all other subjects , and so leave no such duty in the world , as passive obedience . there being as good authority , to defend our natural rights this way , against persecuting laws ; as there is to defend any legal rights , against illegal persecutors . first , i shall shew this of the christians , under the roman emperors . and this i shall endeavour to do , with the more exactness ; the gospel precepts , of submission and non-resistance , being , by our lord and his apostles , most indispensably injoyn'd , and afterwards , during all the ten persecutions , most carefully and strictly practised , under their invasions . first , to clear this point i observe , that there was a great , and most notorious invasion of rights and liberties , when yet the authority was own'd , and non-resistance and allegiance injoyn'd , by christ and his apostles . the imperial power became a legal constitution , and was setled by law upon augustus , by the senate and people themselves . his country gave up the care and authority of the whole empire to him , that for his life he should have the power both of peace and war , says * strabo . this was , when in a set speech in free and open senate , he offered to restore and give up all the power into their hands , both arms , laws , and provinces , as † dio reports . they had passed through a long series of civil miseries and distractions , through the factions and bloody wars of the great men , that appeared now plainly unavoidable under the popular form . and being made sensible thereby , of the great inconveniency of their former popular state , and of the sweetness of that ease and quietness , which all experienced under his government : they all pray'd him with many words , laying before him many arguments , as the same ‖ dio relates , that he would take the empire , which he offer'd to restore back to them , upon himself alone . and thus , adds he , was all the power of senate and people transferr'd upon augustus , and confirmed to him by themselves . the emperors , as he farther notes to this purpose , received all the power of the whole commonwealth , by means of those names , of consul , proconsul , imperator , of the pontifical , and tribunitial powers , &c. which were used in the popular state , and which they now assume according to the laws . — taking the names , together with the powers of the former magistrates , upon themselves , that they may not seem to hold them by force , but by the laws . thus , according to this noble historian , did the imperial power become the legal constitution and government of the roman empire . and this was by the royal law or lex regia , a law past , as justinian * declares , about the authority of the emperor , whereby the people conferred upon him all their power , and whence his placita ( as well as any leges , plebiscita , senatusconsulta , &c. in their law books , ) should have the force of law. this law gave him also the prerogatives † of calling and holding senates , of making leagues and alliances , of acting whatsoever he should think of use to the commonwealth , or for the majesty of humane and divine things , with other particular powers mention'd in a fragment thereof upon its renewall to vespasian , still extant in an inscription on ‖ a brazen table in the lateran at rome . but after the erection of the empire , and making it , as by the lex regia it begun to be in augustus , a legal establishment ; several powers still remain'd in the people and senate . publick business , and the chief of his private also , were treated of by the senate . the consuls , and the praetors too , retain'd their figure . the lesser magistrates likewise , exercised each their several powers ; and the laws , bating only in questions of treason , were in good use , * says tacitus of the empire , as it had stood ad eam diem , viz. till the ninth year , or thro all the best days of tiberius . the senators and the magistrates , had both their ancient majesty , and authority preserved to them . and before them were brought , both the matter of customs and monopolies , of raising and disbanding soldiers , of continuing commanders , or nominating them for extraordinary wars , and of answering the letters and ambassadors of kings , † says suetonius , of the way and administration of the emperor , in the days of that prince . by the ‖ tribunitial power , the emperor , indeed , could interpose , and , when he saw fit , with power of negative stop any matters . tho here also , † suetonius notes the temper and moderation of tiberius in his good years , suffering , and that without complaint , some things to be carried in the senate , against his mind and suffrage . albeit , in most things , either about men or money , or whatever else , wherein they were to refer to the senate , the emperors , having such height of power in themselves , found the senators very obsequious . but the emperors , not content with this original power , tho * mighty free and large indeed , as tiberius tells the senate who had confer'd it : still sought one after another , to stretch the imperial prerogative more and more , till by degrees they had swallowed up most of that , which , by the allowance of the lex regia , at first remain'd , of the powers and prerogatives of the people and senate . nay , not content thus to incroach , on all that seemed to carry any competition in point of power : when they had taken from them , almost all the authority of governors , they would not permit them to rest safe in the rights and immunities of subjects , or keep in their administration , to the known laws and justice of the empire . for they were very heinous and notorious invaders , of the lives and properties of the roman subjects , and those too of highest dignity : as may appear to any , that will read the lives of tiberias , caligula , claudius , nero , who sway'd all in the days of christ and his apostles . but what say the prince , and the preachers of the gospel of peace , to the subjects of the empire , under these invaders of rights and properties , or ravishers of liberties , as the phrase of some now is ? render to caesar the things which are caesars , says our saviour to the jews under tiberius , towards the end of his reign , and in his worst times . mat. xxii . . whoever resists , resists the ordinance of god , and shall receive damnation . wherefore ye must needs be subject , not only for wrath , but also for conscience sake , says s. paul to those at rome , rom. xiii . . . and submit for the lords sake to every ordinance of man , whether to the king as supreme , or to governors , who are sent by him , says s. peter to the strangers or converted jews , thro pontus , galatia , cappadocia , asia , and those parts . pet. ii . , . and this charge he laid on them , and was instant in it , when their countrymen were busily meditating a revolt , which was abetted by those in the provinces , as well as acted by those in judea , as * dio says : and that from under nero , the worst of invading tyrants , and monster of men ; this epistle being writ , as dr. † lightfoot conjectures , in the eleventh year of nero , when the jews had begun those commotions , the factious spirits had been so long driving on , it being the ‖ year before cestius gallus laid siege to jerusalem , which a few years after was taken and destroy'd by vespasian . these were the rules of christian subjection , under all the aforesaid emperors , whereby the christians of that , and of the ensuing ages , were to govern themselves . and these , do not teach taking up arms against invading princes ; but passive obedience or non-resistance under them . and that at a time , when the invasion of rights , was most crying and notorious ; and in the tenderest points , both of life , power , and fortunes . and when they had not merely the nature of right to plead , as implying a power , as some say now , of forcible defence even against the prince himself , should he offer to infringe it . but when also , ‖ says the pastoral letter , ( tho i think the lex regia and the erection of the empire , had taken the force of that off ) they had the lex valeria or valerian law to secure those rights . that is , a law of valerius , from this , and other such like laws passed in his consulship , sirnamed publicola , as * livy says : who , upon the expulsion of the kings , and change of government to a popular state , † enacted , that it should be lawful for any one to kill him , who took upon him any magistracy , without the peoples order and consent . and indeed , the meaning of all the gospel precepts , of taking up the cross , patience , and non-resistance , must needs be meant of invaders of rights , whether natural or civil , matters not much , as i shall shew afterwards . for where are the crosses , what place for patience , or what provocation to resistance , under the maintainers of rights or righteous rulers ? there is difference between the patience and non-resistance of criminals , and the patience and non-resistance of christians . that is , when they suffer according to right ; this , when against right : that , when they suffer for ill ; this , when for good and rewardable things . if , when ye suffer for your faults , ye take that patiently , what glory is it to you ? but , if when ye do well , and suffer for it , ye take it patiently , that is acceptable with god. pet. ii . , . so that to pretend we are for passive obedience , and yet , not to be for suffering , but resisting , when our rights are invaded ; seems as much as to say , we are always for it , but when we are call'd to use it . good kings , will not punish , but reward good men and well-doers ; and that will afford , but very little tryal of their passive obedience . under the successors of these emperors , the persecutions of the christians , were carried on still by the breach of rights . not only the rights of god , and religion : as all their persecutions , were a reverse of his orders , and usurping a power to punish and torment his servants , for obeying him . but by a breach of the rights of the empire too . to clear this i observe , that though the roman emperor , had a very large and extensive power , much wider than is injoyed by our kings , and as absolute by the lex regia , as could well consist with the government of a free people : yet was this imperial power , to be administred by stated laws , and to consist with popular freedoms and immunities . in several things , the emperor was bound up to the consent of the subject , not having a plenary power to act alone , without the concurrence of the senate . such was the consecrating of any new god ; which , as † tertullian notes , was not to be done , nisi à senatu probatus , without the approbation of the senate . on which account , though on the credit of letters he received out of palestine declaring his divinity , tiberius was for it ; and brought it into the senate , as that father observes , with the prerogative of his suffrage : yet , the senate refusing , our saviour christ was not admitted into the list of the roman deities . to say nothing now , how , by the original constitution , he was to bring before them several great matters of state , as about raising taxes , and soldiers , and answering ambassadors , and the like , as i observed before . such also was that creation of magistrates , reserved at first ‖ by the lex regia to the senate and people , ( the emperor , as head of the senate , giving his suffrage , ) which tiberius first † took away from the people in the assembly of their tribes , to restrain it to the senators , as is observed by tacitus ; and which caligula was afterwards for restoring to them , as we are told by ‖ suetonius . the imperial power was established by law in augustus , on his speech to deliver it up to the senate and people , as i shewed before . and cannot be thought to have been such a power , as should set aside all their laws , since in that very speech he exhorted them firmly to retain , and make no change in their received laws , as dio ‖ says . and after it was set up , to profess and bear out their liberties as free subjects , and their not coming thereby into a state of servitude , or subjection to mere will and discretion as the emperors slaves , the romans would not give , nor the emperors , as † augustus , ‖ tiberius , &c. receive or admit the title of domini but of principes , not be stiled lords , but princes . they had erected an imperial sovereignty , which should proceed according to roman laws and liberties : and so would not look upon their empire , as a regality , which in their ordinary account spoke a government more absolute , and inconsistent with popular rights and immunities . so in caligula , who was for wearing the regal diadem , † suetonius taxes it as an high enormity , that he was for changing the fashion of a principality , into that of a regaliy . nay , the law it self declares the imperial power , to be a limited power , and tied to go by laws , and with regard to legal liberties . ‖ it is a voice worthy of the majesty of one that reigns , to profess himself tied to go by laws , says the roman law. and again , † nothing is so much the property of empire , as to live and go by the laws . agreeable to which , is the saying of socrates , who , from his being an advocate , was stiled scholasticus : who says of maxentius's illegal outrage , killing without process , and otherwise illegally oppressing the romans by a yoke of tyrannical servitude ; that it was treating them in the way of a tyrant , not of a roman emperor . and that also of tertullian , well skilled likewise in the roman laws , who tells the illegally oppressive magistrates and grandees of rome , † this empire , whereof you are the ministers , is a civil or politick , viz. as proceeding by laws and right : not a tyranical domination , wherein all is left to the lust of those that administer it . the power of the emperor , was a complex thing ; integrated of the consular , and proconsular , the tribunitian , the censorian , the imperatorian , the pontifical , and other branches , whereinto the power and polity was divided , under the democracy or common-wealth . all these powers , saith ‖ dio , as they were by law established in the democracy , do the emperors take to themselves , together with the names , that they may appear to have nothing , but what is freely given to them ; — and to hold them , not by force , but from the laws . now all these , were legal powers , and to be administred according to the direction of the standing roman laws . † as the magistrates are to rule the people , so are the laws to rule them , says cicero . ‖ they are bound to go by laws , says he again , and the better to secure their maintenance of laws , they took an oath to proceed by them , when instrusted with the execution thereof . the judges must observe the laws , being obliged by law to swear they will do so , before they can take their place in court , as † he elsewhere observes . the foundation of the roman liberties , says ‖ he , was laid on this , that they were masters and disposers of their own rights . and these rights , they could not be deprived of by will and pleasure , but by judicial process . ‡ this we have received from our auncestors , and this is the property of a free city , that nothing shall be diminished from the lives or goods of any citizens , without judgment or sentence first pass'd , either by the senate , or people , or others , who , in any matter , are the established judges . which judges , in passing those sentences or awards about them , were bound , as he has told us , to proceed by the known and stated laws . and therefore when the emperors received all these powers , as consular , proconsular , tribunitial , &c. they received such powers , as were under the regulation of laws . and accordingly dio , speaking of that plenitude of power carried in the foremention'd titles , whereby they had authority , as * he says , to raise men and money , to make peace and war , &c. yea , to put to death , even knights and senators themselves , and that within the pomaerium or precincts of the city : notes , that this was now lawful for them , in like sort , and under like regulation only , as before it had been lawful for the former magistrates . they may by law do all these things , † saith he , and all other things , which it was before lawful for the consuls , and other magistrates , that had full power , to do . they were sacro-sanct , indeed , as he there says , and so without process , could stay any man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as a piacle or devotum caput , that hurt them either in word or deed . but this was a privilege under the regulation of laws , not superseding process in ordinary course of justice , but only in case of violence to their own persons ; and had formerly appertain'd to the tribunes , ( as now from them it must to the emperors , since on them the tribunitial power was devolved , ) whilst the lawsare allow'd to have been in force , and the ordinary course of administration to have been according to them . it being stood upon by the commons , and per sacratam legem , by the sacred law establish'd , as † livy says , at the first creation of the tribuni plebis , that they should be sacrosancti magistratus , a sacrosanct magistracy . that is , such as no man could violate , but the sacrata lex did * sacrare caput cum bonis , as the same livy † says was decreed against the affecters of empire by the popular law of valerius ; viz. ‖ cursed him to hell as a devoted man , so that it might be lawful for any one to kill him . they were also loose from the laws . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ‡ says dio , and princeps legibus solutus est , saith the † law. that is ▪ they were loosed from all such laws of the popular state , as were against monarchy , and inconsistent with their imperial sovereignty : but not from those laws , which concern'd it in all the parts thereof , and ordered how each of them should be administred . so in one clause of the lex regia it self , as it is in the forecited lateran table , as on the one hand it is decreed , that * from what laws , and plebiscita , it was ordained , that the emperors augustus , tiberius , and claudius , should be loosed ; from those laws and plebiscita , let the emperor vespasian be loosed . so is it decreed on the other , that what things soever , by what law or asking soever , the emperors augustus , tiberius , and claudius [ facere oportuit ] was bound to do , let it be lawful [ facere liceat ] for the emperor vespasian to do them all . it puts liceat in vespasian's case , for oportuit in augustus's , &c. for deference and respects sake ; and to note , that , tho equally bound as they ; yet if he fail'd , he was not under coercion , or by any superior compellable thereto . or , the emperors were loose in respect of other laws , from the restraint thereby as subjects , in their private actions . to this , i think , that rule , of princeps legibus solutus est , refers . and therefore in that law it is declared , not only to be the privilege of the emperors , but to be communicable by them to the emperesses . * the prince is loose from the laws . but the emperess , tho she is not loosed from the laws , yet the princes give her the same privileges which they have themselves . thus , as to place of sepulture , when not allow'd by law † within the city : yet , imperatores , & virgines vestae , quia legibus non tenentur , in civitate habebunt sepulchra ; the emperors , and vestal virgins , being they are not bound by the laws , shall have their sepulchres in the city , ‖ says servius . or , their loosness from laws , was from the punishments of laws , or not being coercible by their penalties . thus harmenopulus expounds it , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i.e. the prince is loose from the laws , because not punishable by any on earth when he breaks them . and so as * grotius observes , doth s. ambrose too , who had been a judge of the empire , in his apologia davidis . rex utique erat &c. i.e. he was a king , and so not bound by the laws , because kings are free from the bond of their offences . for they cannot be called to punishment by any humane laws , being secure by the authority of empire . but tho thus loosed , from the direct authority and restraint of laws , in their private actions ; yet were the emperors tyed to laws , as well as others , and to have only what the law gave them , in any claims of rights and properties . † if the testament is imperfect , and not valid , the emperor himself cannot claim the inheritance thereby , as has often been determined , says the law. tho loose from all coercion , and suffering punishment by them , as subjects : yet were they not loose from the tye , of administring by them , as rulers ; it being a voice worthy of the majesty of one that reigns , as to this matter , as i noted from the law before , to profess himself a prince , not left to rule at will , but tyed to the laws . the emperors were to rule , and administer justice , not after their own will and arbitrary pleasure , but ut dominatio civilis , as i observed from tertullian , or according to laws , till they were taken off by regular repeals . and what possession they had of the legislative , was to be legislators to a free people . tho altering in other matters , as might make most for the good of their subjects ; yet having no power to vacate those laws , which were the guard of roman liberty and property . they were not free by law , to make the free-born romans , slaves ; or ordain any thing , but what was suitable to a people of free condition . for the roman subjects , had both their laws and customs , their jus-scriptum and non scriptum , written and unwritten laws , as ‖ justinian calls them . they were not as the emperors slaves , who , as 't is in the * institutes , have no head in law , nor can acquire or receive any thing for themselves , but all for their masters . but , as free-men , had their several properties , and were masters of estates , some vastly great , and others less , according to their several degrees and qualities . whereof they could dispose , as proprietors , by sale or gift , either in their lives , or by their testament at their deaths . they had their rights and freedoms , and distinct steps and degrees , of immunity and privilege ; some , having the rights of liberty ; others , of citizens or of the city , which † augustus was careful to keep in great price , and dispens'd so very sparingly ; others , of dignity . and in dignities , the several degrees had their proportionable privileges and exemptions . and , indeed , since the romans were such unmeasurable affecters of liberty , and prided themselves above all the world on the score of their freedoms and privileges : when , on augustus's offer , to restore the power and authority back into their hands , both arms , laws , and provinces , as ‖ dio says , they chose rather to erect the imperial power by the lex regia : no man can imagine , that by this law they would pass away , not only their former power as rulers , but also their freedoms and immunities , as subjects , and make themselves and their posterities , instead of priviledg'd and free-born romans , to be all thenceforward mere slaves . the freedoms of romans , they still kept on ; and a great price was set upon these freedoms , to those who needed to purchase , and were not born to them , as well under the emperors , as it had been before their time . with a great sum of money , obtain'd i this freedom , viz. of being a roman , saith the chief captain ; but i , says s. paul , was free born . act xxii . , . among these freedoms and immunities of roman citizens , one was , that they should not be put in bonds . another , that they should not be punish'd with stripes and scourges . a third , that it was not lawful to fix any of them upon a cross , which were servilia supplicia , or punishments appointed for their slaves . * 't is a great offence , to bind a roman ; a more heinous one to scourge him ; and what name can be hard enough for the crucifixion of him ? says cicero . what cause , † adds he , could verres have , for treating any citizen of rome thus ? tho , indeed , in asking for what cause , i do an injury to the common cause , and to the rights and liberties of the city : as if there could be any cause , for which the magistrate might deal thus by roman citizens . ‖ this , says he again , is the sweet of liberty , and the singular right and privilege of our city , secured to us by the lex porcia and the leges semproniae , which no praetor , or other person whomsoever , should impunely transgress . another of their rights and privileges , was not to be condemn'd unheard , or suffer without a tryal : which was not only the law of rome , but of all civiliz'd nations . * no malefactor is to be condemn'd , till he has first been accused , and had his tryal , says cicero . and the law of the twelve tables , forbids interfici indemnatum quemcunque hominem , any man to suffer before hearing and condemnation , as † salvian notes . not to mention the lenity and temper in other respects , which ‖ cicero observes of the roman law towards accused persons . these , were popular rights and immunities , not only under the commonwealth , but afterwards under the emperors . s. paul pleads them under nero , and tells the chief captain he had infringed his roman privileges , and acted illegally by him , both in binding , and scourging him being a roman , and in inflicting all this upon him unheard , and before condemnation . is it lawful for you , says he , as they bound him with thongs , to scourge a man that is a roman , and uncondemn'd ? and the chief captain was afraid , because he was a roman , and because he had bound him . act. xxii . . . the like plea of privilege he also makes , and therewith put the invaders thereof in fear , upon a like violation of these rights of a roman subject , before the magistrates of philippi . act. xvi . , . another privilege , of the free subjects and citizens of rome , was that persons of honor , as the decurio's or senators in any of the municipal courts , but especially the chiefs of the city , as those of the title of egregii and perfectissimi , should not , unless in some special cases , as of treason , be examined by torture . as it was moreover , that a mans servant should not be put to the torture to confess against his master . both which , as well as bonds , and stripes , and crosses , towards romans , lactantius cries out of in galerius , as violations of roman liberties , and * calls a treating of them by a right of war as captives ; not as roman subjects , but as persian slaves . and the like might be shown of others ; but it would be too tedious to recount particulars . thus , to insist on no more instances , which were very numerous , both to persons and places , were the subjects of the empire under the protection of laws , and in the legal and customary enjoyment of freedoms and privileges . the administration of the emperor , was to be according to the laws and liberties of the empire . he owed his power to the law. † on the authority of law hangs our authority : so that 't is a voice worthy of the majesty of one that reigns , to profess himself tyed to laws , say the emperors theodosius and valentinian . and as he had his power by law ; so had they too their rights and privileges , in these , and many other instances . yea , these rights , the law would defend them in , against the emperor himself . for , by the rule of the roman state , and by the practice of it , not only all the days of augustus , but all the best days of the reign of tiberius , they had the protection of law for their rights and properties , against their prince , as well as against their fellow subjects . if the emperor [ tiberius ] ‖ says tacitus , and any private man had any dispute , the law and courts were to decide it . he was to have no more , than what the law allow'd him . * if the testament be illegal , the prince cannot inherit by it , as has often been decreed , says the law. so that , altho the imperial power was very large , yet was it not without its bounds , and by law should comport , with popular rights and immunities . and this point , of the romans , being free subjects , that have rights and properties , under a civil and politick power ; not slaves , which have none , under a despotick : made a wide distinction , betwixt the way of a roman emperor , and a persian monarch ; as lactantius † notes against galerius , who affected to rule the free born roman , in way of servitude , like eastern kings . and therefore , when the emperors , after all the powers of senate and people , had by law been transferr'd on them , were styled absolute : that is , not as being loose in their administration , from all laws , or popular immunities . but from that dependance , wherein others for a limited time had held these powers , whilst they were parcell'd out among many magistrates , in the freedom of the roman state ; and from all sharers and partnership , either of people or senate , in their imperial sovereignty and government . yet still so , as to be governors of free born subjects , not of slaves . and to administer the several parts of their power , by the laws of the empire ; as the other magistrates , ere it was taken out of their hands , had done before , especially , whilst those laws were in force , and before they themselves , when possessed of the legislative in such sort as might consist with the liberties of a free people , had alter'd or revoked any that were legally revocable , by regular repeals . whilst any laws were in force , those laws , as i noted from cicero , were to model the courts , and guide the sentences . and s. ambrose afterwards , who had himself been first an advocate , and then a judge of the empire in civil affairs , ‖ says , a good judge doth nothing of his own will or private choice ; sed juxta leges & jura pronunciat . sicut audit , ita judicat — obsequitur legibus , non adversatur . i.e. but pronounces according to the laws . as he hears , so he judges — he follows the laws , never opposes them . yea , even the persians themselves , whose princes did so exceed in prerogative ; yet in the height of their absolute power , were not loose from inviolable laws , however few those laws were , or free they were from being call'd to account , for any breaches of them . for the scripture tells us , of the laws of medes and persians , which alter not . esth. i. . and dan. vi . . . . and when the princes had got one of these laws , to destroy daniel ; we see , when his heart was the most set upon it , it was not in the power of the king himself to save him . dan. iii. , , . thus were the roman emperors , not merely arbitrary , but limited governors , who were to rule their people according to stated laws . and the roman subjects , were privileged subjects , who lived under the benefit and protection of legal rights , freedoms , and properties ; for which they had as good law , as the emperor had for his prerogatives , and whereof they could not be despoiled , without violence to the law and legal constitution , whereupon the emperor himself stood . and this i have taken the more pains to clear , because one main foundation of the advocates for resistance , is , the supposed absolute power of these emperors . they own the scripture prohibitions of resistance , which no man certainly can deny , till he has either lost all modesty or understanding . but † they say they are not to our purpose , nor suit our case , because their kings and emperors wills were their laws , and their people had no magna charta's or records of liberties to show , as we have . so that the frame of the government warranted all those commands that had the royal pleasure , and the people could plead no legal injustice . whereas , in truth , their emperors , as i have shown , were tyed to laws ; and the subjects had legal rights , ( yea and those not coming from the emperors grants , but antecedent to them in virtue of their ancient laws , which were still reserved and kept on when his imperial power was first given ; ) and so were capable to suffer illegal injustice , as any other privileged subjects of legal and limited governments , may do . chap. iii. of invasion of legal rights , under the persecuting emperors . having said thus much in the foregoing chapter , to prove the subjects of the empire had legal rights ; i now proceed in this to shew what invasions were made upon them , to try their passive obedience under these emperors . now the foremention'd rights and immunities of the christians , as they were roman subjects , and the common benefit and favour of the standing roman laws , were invaded in the primitive persecutions . i do not mean , laws for christianity ; our holy religion not being like to have any establishment of laws , whilst the emperors were heathens . but laws for liberty , and property , and common justice , as roman subjects . admit it was criminal by the constitutions of the empire , and that the christians , did not only want laws for religion , but had laws against it : yet had they just ground for this complaint , because , when indicted as criminals , they were not permitted , as ‖ tertullian says , to suffer only according to law , as other criminals , or vouchsafed the justice of legal tryals . for the cruel emperors , and their presidents , in persecuting the martyrs and confessors , infringed their civil rights , denying them the justice of laws , and legal claims , and treating them contrary to all forms of justice , which were as much their birth-right , as any of their fellow-subjects . . to be tortured for christianity , when they confess'd it , was absolutely against law. for the legal use of torture , was only as a means of inquisition , to force confession . it was not the legal punishment of the fact , but only the legal means of discovery , and bringing it to light . by your law , torments are not used for punishment , but only for inquisition , says * tertullian . their intent , was only to extort the truth , and the ministers of law , who made use thereof , were only † veritatis extorquendae praesides , or presidents that sate thereby to force out the truth . so that by law , they were never to torture confessors , but denyers . ‖ if you would keep to your own laws , saith he , to the orders of senate , or constitutions of princes , you should torture no man longer , than till you have made him confess . and therefore when the christians confessed their accusation , as they frankly did when brought in question for the faith of christ , to torment them on still , was most illegal . it was an utter perverting of law. and accordingly * minutius , who was himself an advocate and pleader in their courts , calls it exercising perversam quaestionem , a perverting the real design , and legal use of inquisition . and before him tertullian , expert also in the roman laws , † tells them this course was , tormentorum officia mutare , to change the office and use of tortures . it is such a perverseness , ‖ says he , as makes the very ministers of law and justice , to minister against both , to overthrow laws , and the true nature and common form of judicature . but this most tyrannical and illegal method , was the way they took with the primitive confessors . when they professed themselves christians , upon judicial accusations , their persecutors tortured them to make them deny it : and still , the more bravely and resolutely they confessed , the more barbarously were they tortured . when , in the case of all other criminals , † says tertullian , you urge the deniers by torture to confession : the christians , when they confess of themselves , you press by torture to deny their accusation . crudelius soeviebamus , ‖ says minutius , ut torqueremus confitentes ad negandum . quite contrary to what they did with others when accused , they put them to the question for confessing : and the more they confessed , the more barbarously the others raged , and the more cruelly they tortured them . here then , the praetors , and the presidents , in all the cities and provinces , who in the persecutions sate to judge the christians by law , tortured them against law. and this breach of law and privilege , was in a point the most dear and tender , of all others . for life , and member , are by far the most valuable rights and freeholds . and under these illegal tortures , many expired , being murdered by these wrongful and illegal executioners . and if they survived the torture , to dye by a more formal stroke , the illegal torture was much worse , and more terrible to bear , than the death it self was . the pains of torture , were not less exquisite than the pains of death , but much longer . and it was a greater , and more tedious tryal of patience , the bear the rackings , and tearings , and burnings of the flesh , and other most exquisite and studied pains of the tormentors : than , in the last and capital punishment , to endure the sudden stroke of the sword , or the teeth of the bears and lions . . again , in judicial tryals , not to be heard in their own defence , and permitted to speak for themselves , was absolutely against law. inauditos , & indefensos , as tertullian † tells them , non licet omnino damnari . it is not the manner of the romans , said festus to the jews , to deliver any man to die , before he which is accused , have the accusers face to face , and have licence to answer for himself , concerning the crime laid against him . act. xxv . . nay , to deny them , not only the liberty of speaking for themselves , but the benefit of advocates to speak and plead for them , was an illegal thing . this was a provision and allowance , which law , and the custom of the courts , had made for the greatest criminals . we were used to undertake the patronage and defence , of the incestuoas , yea , of the sacrilegious , of murderers and parricides themselves , says ‖ minutius the lawyer . † whatever ill is charged on us , ( as the heathens presumed the christians guilty , of impiety , sacrilege , treason , and incestuous mixtures , &c. ) when the same is judicially charged on others , they have liberty both to speak for themselves , and to fee advocates to make out their innocence : there is freedom to answer , to plead and debate the matter : and all this , because it is by no means lawful to condemn any , till he has been heard , and made his defence , says tertullian . and such was the care of law , and the course of judicature , for all accused persons ; that the cognizance , and disquisition of court , rested not in the confession , or manifestation of general names : but , before sentence , proceded further , to discuss the quality and circumstance● of actions . † when you take cognizanc● of any criminals case , says tertullian you d● not think it enough to proceed to sentence on a bare confession of the name of homicide , sacrilegious , incestuous , publick enemy , ( to instance in the titles you give us : ) but stay till you have discussed the consequences , the quality of the fact , the place where , the time when , the manner how , the instruments wherewith it was committed , who were parties , and who were privy to it . but now , all these were carried contrary , in their proceedings with the christians . they were used to condemn them , without giving them the justice of a hearing : not permitting them to plead their own cause , nor admitting advocates to plead it for them . when all this liberty of pleading , either for themselves , or by their council , is allowed by you to other criminals : yet , says tertullian , ‖ to the christians alone there is no permission to say any thing , that may purge the crimes they are presumed guilty of , or defend the truth , or prevent the judges passing an unjust sentence . you do not allow them time , says † he again , to hear their accusations , and to refute them . tho we were ready to be advocates , for sacrilegious , and paricides ; yet , as for these , ‖ says minutius , we did not think fit to afford them any hearing . or , if they did hear them at all , it was not discutere de qualitate , circumstantiis , & ordine admissi ; i.e. to discuss and take cognizance , of the quality , circumstances , and order wherein they perpetrated the crimes alledged , as was always done with other criminals : but that only you look after , † says tertullian , which is necessary to expose us to the publick hatred , the confession of the name [ of christian ] not the examination of any of those crimes , which you groundlesly presume to be practised by those , who profess that name . they presumed the name , to carry with it a sufficient conviction of the most horrid crimes . as of ‖ slaying of an infant , and a thyaestean banquet , or feasting upon it : of all sorts of lasciviousness , and incestuous mixtures at their meetings , after the dogs tied to the candlesticks , by leaping at a crust cast before them for that purpose , had thrown down , and put out the lights : of traiterous conspiracies against the emperor ; and the like . but the accusers never offered , nor did the judges stay , for any other evidence of all this , than their mere owning themselves christians . they were always praesumta , never probata crimina ; mere presumptions without proofs , as † tertullian says . cum praesumatis de sceleribus nostris , ex nominis confessione , says ‖ he again : and † ut inimicum nomen , sub praesumptione criminum puniatur . that is , your way is to presume the crimes , from the denomination of christians ; and to punish an hated name , under a presumption of crimes , which it knows nothing of . the utmost , that ever was alleged in proof of these crimes , was only uncertain hear-say , as ‖ tertullian notes , or common , but ungrounded fame ; which judge , that pretends to justice , will ever condemn a man , or take away his life upon . all which , was most contrary to the regular course of roman justice , which went not by uncertain hear-says , that can make no evidence ; but by proofs , which could aver the crime to the persons face : condemning no man , as festus said , till he had confronted the evidence , there to make his exceptions , and had his accusers face to face . † the president of the province is to follow what is fit , proceeding by the faith of what is proved , says the law. such , in these points , was the illegal usage , of the martyrs and confessors : and that , when they came upon their tryal , not only for their estates ; but also for what is more to be valued , and what , when once injuriously taken away , is never to be restored or compensated , their lives too . . moreover , in judicature , not to have any regard to law , but all to his own will and pleasure , is not only illegal , but an utter overthrow of laws . making them of no use to the subject , which is the same for the time , as if there were no such things ; and , instead of publick laws , subjecting them to private discretion , inclination , and affections . now , this was sometimes the case , both of the christians , and other subjects of the empire , under some of the persecuting emperors . galerius , one of the bloodiest of them , dissolving all the laws , ‖ says lactantius , assumed and gave a licence of all things to his judges . here was a turning laws out of doors , and acting all by discretion . and lest the law , should make any part of those judges discretion ; he sent out such into the judgment-halls , as did not know law , and removed thence such as were capable to plead , and lay it before them . † he sent out military judges , adds he , that were ignorant of the laws and learned studies , and that too without assessors , whose part it would have been to have given them direction therein , into the provinces . he took away all pleaders or advocates ; and either killed , or banished the learned lawyers . . further yet , to be thrown off as out-laws , and denied all benefit of law and justice , is to suffer the highest invasion of claims and properties , and to be deprived of all rights , and laws which are the guard thereof , at once . to invade even one law , that is of main importance , and a chief security to the subjects , is thought by the advocates for liberty , a sufficient ground for resistance against a prince . this invading of a law , amounts to no more , than denying us the benefit of that law. and if it give such warranty , to be thus unjustly denied the benefit of one law , in some concerning case : how much stronger is the argument , and greater the warranty for arming themselves , when they are unjustly denied the benefit of all laws , and not allowed the protection or claim of law , in any case ? but under dioclesian , this was the miserable , the unrighted , and exposed state of the christians . the emperor ordered , as ‖ lactantius relates , by an edict , that against them all , any man might bring an action : but as for them , they should be capable to bring none , neither on the score of any injury , nor of adultery , nor for any thing , that had been taken from them . . lastly , when a people suffer invasion of rights , and groan under heavy oppressions and persecutions : to be denied the liberty of petitioning their prince , or of modestly setting out to him their sufferings , and humbly and dutifully praying redress ; is against the common liberties of humanity and nature , and the allowance of all just and equal governments . especially , to make such petitions capitally criminal , and animadvert upon the petitioners , by extreme barbarity , and unheard of ways ; is monstrous illegality and injustice . but in the arian persecution under valens , when the christians knew of no other weapons against persecutors , but prayers and tears , to use the speech of † gregory a stout assertor of the orthodox faith in that persecution , this was their case . for no fewer , th●n eighty clergy-men , whereof urban , theodorus , and menedemus were the chief , being sent by their suffering brethren , to petition the emperor valens 〈◊〉 nicomedia , and humbly to represent the violences and miseries they suffered , from the persecuting arians . to prevent tumult and sedition , as the story is related by ‖ socrates , and † sozomen , by openly murdering , against all right and reason , so many pious men , who had done nothing am●ss ; under pretence of banishment , he ordered them all to be put on board a ship , as if they were to be transported . and then , commanded the mariners , when they had got them into the midst of the sea , to set the ship on fire , ( making their own escape by their boat ; ) that this way , they might not only all die a miserable death , but when dead , be deprived of sepulture . chap. iv. the christians passive obedience , under these invaders of legal rights . such , as we have seen , were the civil rights , and such was the invasion of them , and violation of laws , practised upon the primitive christians , in the first persecutions . which i have been thus large upon , in the preceding chapters , thinking nothing can serve more to clear up this point , and shew what sort of obedience and non-resistance that was , which the apostles so strictly injoyned , and the christians so conscientiously paid , to the powers of the empire in the first ages . for what now said the holy bishops , and fathers to their flocks , in point of passive obedience or non-resistance , to these illegal oppressors , and invaders of civil rights and immunities ? the forementioned precepts of christ and his apostles , they make their rules , esteeming them , as all christians ought to do , for catholick precepts , given to guide christians of every time and place , and that ought to bind up their own hands , in those hard and trying days ; as , in foregoing times , they had bound up the hands of their predecessors . when persecuted under one , so far were they , in hopes of ease or quietness thereby , from setting up , or turning over to another , that , as † tertullian declares , they did not swerve from him so much as by a secret prayer , or wish for a new caesar. many had been the defections from the emperors , and the aspiring spirits , who had affected the purple , and set up themselves against them in all parts of the empire , to try the christians loyalty and adherence to their rightful princes , yea , to those , that either already had been , or afterwards proved , their bloody persecutors . such was l. antonius , who , as † spartianus says , was declared emperor by the army against domitian , who was the author of the second persecution : whom parthenius , and sigerius , and their complices , afterwards murdered ; having first agreed with nerva , as ‖ dio xyphilinus reports , to take the empire upon him . such also were those many , whom the emperor marcus antoninus † speaks of , that had rebelled , and set up against the emperors , trajan , and hadrian , and his father pius : under whom were the third and fourth persecutions . and likewise that against marcus himself , under whom was the fifth persecution of the christians , by avidius cassius , on ‖ pretence of marcus's remisness , and neglect of the publick , and the luxuriousness and repaciousness of his ministers ; all which , as cassius alledged , endangered the common-wealth . such also was the affectation of empire , and setting up for emperors in fact , of pescenninus niger in syria , and of clodius albinus in gaul , against the emperor severus , in whose time tertullian writ his apologetick , upon the setting on the sixth persecution . and afterwards , that of † bonosus , as also of proculus , and saturninus , against the emperor probus . and after that again , the defections of achilleus in egypt , and of carausius in brittain , ‖ as eutropius relates , who set up against dioclesian before ; as others did , says † eusebius , some in armenia , others in syria , after his setting on of the tenth persecution . yet , under all these attempts for change , even when the right emperors were most unjustly oppressive , and illegally hard upon them , as has been abundantly shewn ; the christians never run in among those that took up arms , or swerved from their duty and allegiance . they still adhered to the right , even when they suffered most by it ; and never turned , in hopes of ease thereby , to the wrong side . which they did so constantly , in all places of the empire , under all these insurrections , and oppositions of powers ; that the christian advocates and apologists , could challenge all their industrious enemies and accusers , to shew wherein they had ever been seditious , or sided with a rebellious and wrong power against the right , in any instance . † whence came they , says tertullian , that in his country recess laid wait for caesar , viz. with parthenius and sigerius , who conspired against domitian ? whence were the adherents of cassius , and niger , and albinus ? were they not all from among your selves , heathen romans , but no christians ? these two last insurrections , under niger , and albinus , were fresh at the time of his writing , and a strict inquisition had been made after all the partners , that abetted , or adhered to them . ‖ even at this time , says he , there is still an inquisition going on to discover them ; like a gleaning of grapes , after the great clusters were gone . and yet , so clear were the christians from any share therein , that he challenges the heathen priests , after all this search for those that followed and sided with these usurpers against their lawful prince , out of any of their records , to produce one christian among them . after this , origen † tells celsus , when he objected a seditious rise to the christians , that neither he , nor any of his party , would ever be able to produce any work of sedition , that had ever been acted by any christians . soon after this , s. cyprian in like manner tells demetrian , how passive they were under the most bitter persecutions , not standing up by force to right themselves , but referring it to god , as a most just judge , to right their cause . for thence it is , † saith he , that when we are apprehended , and suffer the most unjust violence , we make no armed resistance , tho we have numbers more than enough for that purpose . the city of christ , ‖ says s. austin , speaking of their numerous and costly confessions , and how they carried themselves under all the foregoing persecutions ) when as yet it only sojourn'd in the earth , and could have set out such troops of great nations against the impious persecutions , did not fight for their temporalities ; but rather , that they might obtain eternal , they suffer'd all without resistance . they were bound , imprison'd , beaten , tortured , burnt , torn in pieces , slain , and multiplied notwithstanding . but amidst all this , they would not take arms to defend themselves in these temporals , but contemn'd things temporal , in regard to their saviour , and to secure eternal . nay , lastly , even julian himself , their most industrious and spiteful accuser , gives this testimony to them , that instead of siding with any , that were going to make insurrection , they were for suppressing them . ‡ if they see any mutinying , or moving tumults against the king , they presently punish him severely . such were the principles of patience and non-resistance , which the christian doctors taught , and the people practised , during all the primitive persecutions , when they suffer'd , as the most cruel and barbarous , so the most illegal things . and therefore , upon the conspiracy of magne●tius , a christian general , against the emperor constans : here first , alas ! the christian captains , * says baronius , spurr'd on by a lust of government , conspire against a christian emperor , when in former times , not so much as a common soldier , as tertullian testifies , could ever be found to side with any upstarts or usurpers against the lawful emperors , th● they were heathens , and cruel persecutors of the christians . indeed , i think no times have afforded better pleas for resistance , than those under the primitive persecutions . which yet were so eminent for passive obedience , or faith and patience , without taking arms against their governors to defend themselves . for , under dioclesian , and his partner maximian , but especially under galerius , there were the greatest rapes committed upon property , and the most insupportable taxes raised by the most illegal ways ; inquiring illegally by torture into estates , for the heightning of payments . nay , putting servants to the question against their lords , contrary to the law , which forbids servants to be tortured against their masters . yea , torturing even children to confess against their parents , and wives against their husbands , as † lactantius relates . here was another sort of invasion of property , than that so much insisted on in the great rebellion , viz. of enforced loans , privy seals , and ship-money . and if invasion of properties can discharge allegiance , the christians were at liberty , and might have taken arms in those days . there was also a denial of law , and of the course of justice , unless they would purchase it by unlawful worship and sacrifices . for heathen altars , as the ‖ same author notes , were erected before tho tribunals , that the litigants might first sacrifice , before they could bring on their cause . an ‡ edict also had order'd , that against them , any one might bring an action : but that they , on any injury , should not be allow'd to bring any , as i observ'd before . this was a denial of protection . and if subjects are under no obligation to allegiance , where they are denied protection ; yea , or even where they miss of it against their rulers wills , through their incapacity for the present to afford it ; according to some present casuists way of stating this question : why might not the christians , have thought themselves discharged , from paying any thing to these emperors ? there was nothing of law , but arbitrariness in all their courts , where galerius , as i noted above , * dissolving all the laws , assumed and gave a license of all things to his judges . and if men , that have laws and birth-rights , may rise up for their laws and liberties , against governors , who will invade both , and be arbitrary and illegal in their administrations : how could the christians stand obliged , to be quiet and passive , in this very case ? there was a murdering men for poverty , the same galerius , in the illegal course of raising his insupportable tax , † commanding all the beggars , who were unable to pay any thing towards it , to be gathered together ; and then , to deter any from pleading poverty , being exported in ships , to be drown'd in the sea. this is not only against all humane and divine laws , but is such a degree of madness , as methinks , might much better pass for a proof of one not mentis compos , or besides himself , than the k. of portugals bloody acts and barbarities , which of late have been made use of by several in this dispute . and if no allegiance is due , in case of frenzy , or moral incapacity , appearing , not in the ordinary crazedness and inconsistence of a mans carriage , but only by such actions ; and there too , from the extravagance of unjust cruelty , or furious passion in those acts , not from any whimsical silliness and ridiculousness of the reasons and pretences for them : there would not , in my opinion , have been much due to him . nor to valens , who , like a frantick man , did the same , as i noted , to no less than eighty clergy-men , who were sent by their suffering brethren humbly to petition him . nor to nero , who for his sport , and the more lively humoring of a song , viz. the taking of troy , which , as ‖ suetonius relates , he joyfully sung over it in his scenical habit at that time , set the city of rome it self all in a flame . there was a subversion of the roman constitution , as i hinted before ; galerius turning the state of subjects , into that of slaves or captives , with whom he might take any liberties , and use what violence he pleased . he alter'd , as the * romans complained , their form , which was potentia civilis , as tertullian says , a power legal and politick ; into one that was arbitrary and despotick : affecting to rule like the persian kings , who treated their subjects , † says lactantius , tanquam familia , merely at discretion , and in a despotick way . here , as some would have told them , was a legal government laid aside , and an illegal set up instead thereof . and if there is no allegiance due to a lawful governor , when he lays aside the laws , and breaks in upon the constitution it self , such an one being no longer the governor their law and constitution owns : the christians might have been free in conscience to look to themselves , and to stand up with others for their common defence , against all his barbarous and illegal usage . i will add but one plea more . there was a treating of the romans , and other subjects of the empire , more like enemies than subjects . thus , lactantius ‖ complains of galerius , that he treated them after the same manner , as he would have done to any others , by the right of war : using these free-born subjects , as their ancestors were wont to use their captives . yea , at his first coming to the empire , as * he observes , he professed himself an enemy of the roman name , and would have changed the title , so as to be styled , not the roman , but the dacian emperor . thus also under dioclesian , eusebius † says that the martyrs were oppugn'd , not by common may and form of law , as subjects , but by right of war , as if they had been publick enemies . licence was given , as phileas the martyr reports , ‖ 〈◊〉 his epistle sent from prison to his church , to any one that would , to abuse them ; which some did beating them with clubs , some with rods , some with whips . the president telling them , to have no care or regard at all , what they did to them , but to look upon them , and use them , as if they were not men . thus likewise maxentius , upon a very light and small pretence , as ‡ eusebius tells us , set the guards one day to fall upon the roman people , to cut them off , as they would an enemy , in heat of battel . and so slew an innumerable multitude of romans , not in fighting against foreign foes , by the arms of scythians and barbarians , but by the hands of their own citizens , and in the midst of the city it self . here , would some have been apt to suggest , instead of an head and governor , did each of these bloody and persecuting emperors , put on the person of an enemy of his people . as nero also would have been thought by them , when he designedly , and * but too openly , as may be seen in suetonius , set fire to the city , which was as much , as the conquering gauls did , or would have been done on the irruption of any foreign foe . and if no allegiance is due to a prince , when , not by open professions , but only by the mischievousness of his counsels or actions , he may be interpreted to turn enemy of his people : the christians under these , and many other monsters of blood and cruelty , might in conscience have been at much more liberty , than ever they believed themselves to be . thus , had they lived in those days , might the modern casuists and advocates for resistance , have urged all the pleas , of invasion of liberties and properties ; of ceasing of protection , from unjust powers ; of breach of laws , and alteration of very forms and fundamental constitutions ; of rulers ceasing to be mentis compotes , or falling under mental or moral incapacities , or their turning publick enemies , and the like ; against the now exploded doctrine , of faith , and patience , and non-resistance , under the fiery tryal of the primitive persecutions . but those blessed martyrs and confessors , had not so learned christ. these illegal invaders of rights , and bloody persecutors of religion , they still own'd and suffer'd , as gods vicegerents . and , as our lord himself , and his blessed apostles taught , and practised : so these their true followers took care , even in such violators of rights , never to resist the ordinance of god , which by s. paul has damnation annex'd to it ; but to submit to them , not only for wrath , but also for conscience sake . they stuck to the faith , and laws of christ , with courage and resoluteness ; and bore , and broke all the unjust violence of the persecuting powers , with patience ; and never countenanced , or joyn'd , in any of the numerous insurrections made against them , tho they had so much temptation to it for their own fleshly ease , as appears from tertullian , origen , cyprian , &c. in the forecited testimonies . and the like will be done by all others , who are for trusting their souls with theirs , and think them safer in those primitive and first taught ways , than in any of the so much fancied and magnified new inventions . chap. v. of passive obedience under invasions of legal rights among the jews . agreeable to this belief and practice , of the christians under the new testament ; was that also of the jews under the old testament , in this case . this was seen in their carriage towards those kings , both in judah and israel , who introduced and set up an idolatrous worship . to bring in , or to maintain idolatry , was an invasion upon the law of their land , as well as upon the rights of god. yea , and that in a point , which may seem the very ground and bottom of their law , and among the most fundamental , as many now to move stirs would have taught them , in the jewish constitution . for the civil state of jury , was at first a theocracy . the true god , was not only their god , whom they were to observe in regard to another world : but their king too , under whom they were incorporated , and to unite together as a society of this world. as a polity of this world , they were gods people , who modell'd their constitution , and prescribed them their laws , from whom , and in whose name , was legislation and judicature , and who , as their supreme orderer and director , was to be consulted , for peace and war. the law of moses , whom longinus calls the * legislator of the jews , was the law of their land. and this law , was a political covenant betwixt them and the true god , all to be observ'd in keeping under him , not in defection from him . hence , the going to serve other gods , is by way of eminence call'd working wickedness in breaking or transgressing his covenant . deut. . , , &c. and accordingly , moses , having the two tables of the law in his hands , which he † calls the tables of gods covenant with the jews ; brake both the tables before their eyes , when he saw them fallen from the worship of god , to the golden calf . thereby noting the covenant to be broken by idol worship , and that these laws or tables , were a charter or covenant , to incorporate them under the true god , not under idols . deut. . . and answerably , on any such defection , such inquisition and procedure , both towards seducers and seduced , was appointed thereby , without any allowance of misprision or ‖ concealment even of the dearest person , as is proper for the highest state crime . c. . and c. . so that for any king , to go to set up other gods in jury ; was not only to act illegally , or break thro laws and statutes among them ; but to undermine the very bottom of all their laws , and break in upon the main and most important things in the jewish law or constitution . now ahab , suppressed the worship of the true god in israel , which was the legal and establish'd religion ; banish'd and put to death the prophets , extirpated the professors , in appearance , so far , as that they seem'd even clean gone to * elijah himself . and having pull'd down the worship of god , prescribed by law ; set up the worship of baal , that was forbid by law , and all by his own authority . here , was mere will and power , over-ruling laws ; and illegal invasion and arbitrary power , in the most tender and fundamental points : and all this acted to the highest extremities , and with greatest outrage . but yet all this would not authorize their levying war , and rising in arms , against this impious and illegal invader of religion and laws . even elijah , whose spirit goes further in opposition and return of ill , than † christs doth , calling down fire from heaven to consume those that were sent to take him : yet opposes all this , only by freedom of confession , and saves himself by flight , and enjoys his soul in patience , and seeks redress by prayers and trust in providence . but never sollicits , nor seeks to stir up the many thousands in israel , both priests and people , who possibly might have some remains of faith and zeal for the lord of hosts , to defend their legal and establish'd worship , and keep out heathenism against their king , by insurrection and rebellion . but wicked , idolatrous , and illegally administring ahab , and his house , were to hold his crown , till god himself , who is the rightful judge of princes , expresly deposed and disauthorized them , and , not by mere course of providence , but by ‖ particular nomination , and the anointing of a prophet , set jehu upon his throne . what more common among the kings of israel and judah , than to persecute the true worship of god ; and to set up , and impose a false one , in its stead . all the kings of israel , were open and plain idolaters . and so were several , of the kings of judah . particularly , * ahaz shut up the doors of the house of the lord , fell to the abomination of the heathen , and made him altars in every corner of jerusalem . and † manasseh , brought the heathen idols into the very temple of jerusalem : excluding and banishing the true god , whole worship was setled by law , from his own house ; and setting up the abomination of idols , which the law forbad , in the most publick places . here , is legal truth , arbitrarily turned out : and illegal error , as arbitrarily set up , even in the authorized and most publick places , the churches and temples of the land. and this , against all religion , and national laws ; even those , that in the style of many now to stir up insurrection , would be call'd most essential to the civil constitution it self ; and which were not dependant on the king , either to make , or to repeal them . but elijah and elisha , micha and isaiah , and all the other holy prophets , who , of all persons , were the fittest , as the trump of god , to sound to arms , and call men to rise in gods cause : yet , when sent to cry out , against this dishonor of god , and breach of laws , they did it only as confessors , not as ring-leaders to rebellion . they never attempted this course for redress , nor stirr'd up the people , to defend god and the laws against their kings by armed resistance , or by deposing of those impious and arbitrary princes . to descend now from religion , when taken into the law , and made a civil right , to property . saul persecuted david , not in any way of law and justice , but of mere wilful fury and cruelty , to shed his innocent blood : as he had already done , by the blood of a ‖ number of priests , without any regard , either to the innocence of the men , or the sacredness of their function . this sure was an invasion of rights , not only the common rights of humanity , but of their civil rights , of the sixth commandment saying thou shalt not kill , which was not only the law of god , but the law of their land , or of jury . now whilst saul was acting thus against law , and invading rights ; doth david think he has lost all claim to his former submission , and may be looked on thenceforward , and opposed , as a mere unauthorized person ? no , but owns him for the lords anointed at that very time ; and thereupon , that he could not do against him , what was unlawful against one , of that character and denomination . how can i stretch forth my hand against him , and be guiltless , seeing he is the lords anointed . sam. xxvi . . like as afterwards , whilst pilate was passing an unjust sentence in a case of blood , and that against his own conscience and confessions : our lord still owns him as one , that had power over him from above . jo. xix . . such likewise was the breach of property , when ahab , against all law and justice , seized naboth's vineyard , together with his life , which was a much more valuable freehold . and when jezabel fill'd all places , with illegal executions ; keeping alive the priests of baal , whom the law utterly and inexorably destroy'd ; and destroying all the prophets of the lord she could find , good obadiah venturing his life , to hide and maintain an hundred of them by fifties in a cave from her fury , all whom the law protected . and when the kings and princes , of judah and israel , were complained of by * isaiah , for exactions , and oppressions , and perverting of justice . as others were by † jeremy , ‖ ezekiel , ‡ hosea , * amos , † micha , ‖ zephaniah , &c. for grinding the faces of their subjects , shedding innocent blood , and turning aside the poor in the gate from their right . but tho here was breach of laws , and legal properties : yet was this never allow'd , as a just pretence for the injured subjects , by force of arms to do themselves right , and rebel against such invading princes . the holy prophets talked of no forfeitures of crowns , or depositions of kings , or discharge of duty and allegiance , on these accounts : but refer'd them to god , the supreme judge , to right them against their invading sovereigns . this in those days was their maxim , as it is in the words of rabbi jeremiah ; no creature may judge the king , but the holy and blessed god alone . ‖ some , indeed , think to turn by the scriptures of the old testament , forbidding this resistance among the jews , as of no force with us , because they had kings immediately delegated by god , either in answers from the cloud of glory , or unction by prophets . and what was there forbid against such a king , they think is only of force under others , who come in by like special prophetical delegation . now as to this , it solves not the argument , from the dueness of non-resistance to jewish or israelitish kings : for that was as due to those that wanted , as to those that had these immediate nominations . it was as due to ahab , and all those other kings of israel , that were such invaders of laws and rights , as i observed , as to jeroboam , or to jehu . and yet , among the kings of israel , jeroboam , and jehu alone , had this prophetical nomination ; all the rest coming in by humane titles , like the kings of other nations . and as due to hezekiah , and josiah , and all the other kings of judah , that were kings by descent ; as to saul , or david , who were set up by immediate message from god. and yet , after david , and solomon , the crown in judah , went by the course of descent in the royal blood , without any interposition , so far as we can see in scripture , of gods personal nomination . even in joash's case , who was set up against athaliah after six years possession , no such thing was pretended . jehoiada the priest , who managed that revolution , not pretending for young joash , any message of a prophet , or answer from the cloud of glory , which , had that been their method of setting up kings in those days , he , as chief priest , should have consulted ; but only his heritable right according to the constitution of jury , or being of † the house of david . besides , non-resistance , and other duties to sovereign governors , do not depend upon the method , or way of coming into power ; but only on that rightful power and authority , they are come into . honor thy father , obey magistrates , submit to the king as supreme , be subject to the higher powers , and other like sayings of scripture requiring these duties , look only at the authority . if a man is the true father , the rightful power , and the lawful king , they ask no more to make all these due to him : making no difference , whether he comes to have this right , by an humane title , or by a divine . now all that gods personal nomination doth , is , as other personal titles do , to fix the power in a certain person . it gives no inlargement of power , or greater extent of prerogative . and not widening or enlarging the authority , it can make , or call for no more duty . and accordingly , these duties , were as much the due of those kings , that came in by humane titles among the jews ; as of those , who were personally named by god himself . and they are as due , to any kings of other nations , as they were to jewish kings . for government , is instituted of god , for all nations , as well as jury . and obedience to governors , is a natural duty . so that subjects of all governments , are call'd to pay these duties , as much as the jewish subjects were . now to bid men be subject , and submissive , and obedient , and not to resist , and the like , are as plain and full , as i noted at first , as the most ordinary understandings need to be taught , against all resistance . what said god more than this against resistance , to the jews , when he named any king himself ? nay , if we come to make comparisons , where are the sayings against it , under any such kings , so numerous and express ? and these are as plain , if men are willing to understand what god plainly tells them , when spoken in case of a roman emperor , who had a humane title ▪ as they would have been , in case of saul , who had a divine title . they are due to any persons , as having gods authority , and being his vicegerents . thus ‖ s. paul notes of all duties of subjects , and particularly of non-resistance , saying , they that resist shall receive damnation , as resisting the powers that be of god , and the ordinance of god , and requiring subjection out of conscience , because they are gods ministers . so that as to matter of resistance , any other king has the conscionable bar against it , as much as a king of gods own naming , if he be but gods minister and ordinance . but now the power of kings by humane titles , is gods power , and god owns this way of coming in , and empowers them as much , as those that come in by his own personal nomination : declaring , that their power is his power , and that they are his ministers and ordinance . all which , s. paul says as expresly of the roman emperor , as he could have said of any prince , immediately call'd out , and commission'd by god himself . the seditious jews , i conceive were of this opinion , that the heathen powers , not set up by any revelations , but left to humane claims , were not kings of gods making . and so were wont to despise , and speak slightfully of them : despising dominion , and speaking evil of dignities , as s. jude says of the seditious judaizers , v. . but s. paul tells such men , that these powers , were as truly of god , as any of their own nation : and that gods command , for obeying powers , was as much for obeying these , as it had been for obeying them . there is no power , saith he , but of god. and he that resists the power , resists the ordinance of god. 〈◊〉 , the divine precept , viz. the fifth commandment , or other precepts , that oblige subjects , and empower princes , and give as much duty to these heathen powers , as they had done to any among the jews , rom. xiii . , . and like to this , of the different ways of their coming in , making no difference in our duties to them , we find in other instances . in point of property , we come into our lands and possessions , by an humane law and allotment ; but they came into theirs in canaan , by a * divine . but yet there is as much stealing , and a breach of the eighth commandment , in taking away our things from us ; as there was , in taking away theirs from them . and in case of servitude , the primitive masters came by their servants , either as their captives , taken in war ; or as their purchase , bought with money like their cattle in the markets : but we by contract , all our servants voluntarily submitting themselves to us , and at their own choice . yet , for all this different rise of masters powers , when once servants are got under them , the same gospel precepts , of diligence , fidelity , and not answering again , &c. do equally oblige in both cases . the duties respecting either power , or property , depend not on the particular manure of coming in : but only on the rightfulness , and degrees , of that power and property , which any persons are come in to . more power , i grant , there is in some princes , and more liberties to some subjects , than to others , according to the difference of civil governments and constitutions . but since the power of the jewish kings , was a power limited by laws , as ours is ; an invasion of laws and rights , can no more justifie resistance in our case , than it did in theirs . and to say they did not come into this limited and legal power the same way , makes no difference as to this business . the scriptures of the new testament likewise , † they endeavor to turn off , by saying , they only bind us not to resist , when true religion has laws against it : but for all those precepts , we may resist , when it has a law on its side . if we may do thus , when we have a law for religion : then , since law is as good in one case , as in another , when we have a law for liberty , or property , or any thing else . but this , as i have shewn , is contrary to the sense of those gospel precepts , and to the belief and practice of gospel and primitive times . which tied up the hands of christians , when they suffered illegal things , and were treated by their governors , in numerous and most concerning points , against the laws . again , ‖ they say those precepts were directed against jews , who were not for submitting , or paying allegiance , to foreiners , or heathens . admit they had one eye against these : yet , at the same time , they had as much against any others , that would have run into the same jewish practice , or have been for making warlike resistance to those powers , on any other pretences . the thing those precepts are plainly for securing , is non-resistance to those powers , notwithstanding any thing , that could be alledged against them . and as the jews might pretend in those days , that they were foreiners , and heathens : so might others , and with as much truth too , that they were invaders of laws , of rights , and liberties . and yet for all these , or any other pretences seditious spirits should start , the apostles peremptorily injoyn all good christians , to own them still as gods ordinance , and to forbear all warlike resistance towards them , not only for wrath , but for conscience sake . and thus , in obedience to those injunctions , they all practised at that time : as their followers did , in the succeeding persecutions . and the scriptures are written for a rule of christs church , alike in all times : as much to us , as they were to former ages . so that these precepts , both of old and new testament , are as binding upon us , as ever they were , upon either the jews , or the primitive christians . and whatever pretences were pleadable in their case , whilst the inspired pen-men told them they were bound not to resist : to be sure those same pretences , can never cancel our obligation more than it did theirs , or make it lawful for us do it . we must follow them to heaven , in the same way the apostles taught , and they took ; or else we are not like to get thither at all . chap. vi. of the unlawfulness of resistance , on such invasions of rights , by our own laws . to all this , which i have hitherto discoursed , from the obligations , both of jews , and christians ; i shall now thirdly , in the thrid place , note from our own laws , how little ground there is with us in these realms , to take up arms against our sovereigns for any rights , because of their being legal ; or for religion , because of its being taken into the law of the land. for those very laws , which establish our religion , and particularly the act of uniformity , forbid this way of defence , and declare it unlawful on any pretence whatsoever , to take up arms against the king. this declaration was made , upon occasion of the great rebellion begun in . and for preventing any ones falling into the like again . and therefore , by any pretence whatsoever , it must more particularly include all those pretences , which were given out for taking arms at that time . and those pretences , as may be seen from the votes and declararations of that parliament , a brief account whereof is given in the view of the late troubles , were , the † preservation of liberty and property ; of religion and laws ; of the privileges of parliament , who are the conservators of all our rights ; and for ‖ keeping out of foreign forces , which the king was said to be endeavouring to bring in , to inslave this kingdom . which pretences , are the best that can be invented for forcible defence , and so , as oft as they are bent on change , will probably be made use of , by men of like minds in latter ages . indeed , so far as words and plain declarations can do it , our law seems to have taken all the care the wit of man can take before hand , to prevent all recourse to this way of defence against our lawful sovereigns , by leaving none in this way to be our defenders , or capable to pretend a power of making use thereof . if any could list armies against the king , not only in defence of private rights , but of the laws , or the very constitution it self , when the kings chance to break in upon them : it would certainly be the two houses of parliament . but the act about the militia . car. . c. . and . car. . c. . declares the power of the militia , so much contested by the parliament in king charles the first 's time ; yea , and that on this very pretence , that they might therewith defend the laws and liberties against him : to be solely in the king. and that neither one , nor both the houes of parliament , can , or lawfully may , levy any war , either offensive , or defensive , against him . so that take even the most defensible rights , which seem best to deserve a war ; and put them into their hands , who have the best claim to be their defenders : and yet t is plain by this act , that they are not to defend them against the king , by levying war , or listing soldiers . t is true , our parliaments are taken into the government , and have a share in the highest acts , as making laws . whence some have argued , that upon the princes breaking in upon the legislative power , the parliament may take arms against such an invader , as one sovereign may against another . this inference , is directly against the act last mentioned , which declares they have no power against him , either for any offensive , or defensive war. but to clear this point , this share of theirs in the legislation , as i conceive , is not a sovereign's , but a subject's part. they are called in to consult , and with authority of negative , upon all laws to be imposed on them : which is a great security , indeed , of their being well-governed , and bound to nothing but what is for their benefit , no law being to be made or repealed , without their own consent . but this liberty of consulting , and authority of negative , is still under the king the only sovereign ; nor on equal terms with him , as two independant sovereigns . agreeably , we find the stile in the acts so often is , be it enacted by the king our sovereign lord , with the assent of the lords spiritual and temporal , and of the commons in this present parliament assembled , and by authority of the same . as . h. . c. . & . h. . c. . & . h. . c. . & . & . edw. . c. . & . edw. c. . & passim . or , our lord the king , by the advice and assent of the said lords spiritual and temporal , and at the request of the commons in this parliament assembled , and by authority of the same , hath ordain'd and establish'd . &c. . edw. . c. . tho the king is not absolute , without rules in governing ; nor alone , without partners in legislation : yet is theirs only a subjects part , not a coordinate sovereigns ; and he alone is supreme , both in legislation and execution . for our law , and church too , fixes all the sovereignty of the realm solely in the king. the kings majesty hath the chief power in this realm of england &c. unto whom the chief government of all estates of this realm whether they be ecclesiastical or civil in all causes doth appertain ; † say the . articles of religion . he is the only supreme governor , of this , and all other his realms , in all temporal things , as well as spiritual , says the oath of supremacy . his realm recognizes no superior under god , but only his grace , says stat. . h. . c. . his parliaments , when they meet , both sit , and act , only as his subjects , not as his compere sovereigns , he not having parem in regno suo , as * bracton says . for by order of law , they were to take the oaths of supremacy and allegiance ; professing by those solemnities of religion , that he is the sole sovereign , and that they , whilst acting there , are only his subjects . when , during their session , they make to him any addresses , they stile themselves his majesties most loyal , and dutiful subjects . yea , in acts and statutes themselves , they have often used the same stile ; calling , as him , their gracious leige lord and sovereign ; so themselves , his humble , loving and dutiful subjects , in those acts of legislation . in all humble manner shew unto your most excellent majesty , your majesties most dutiful and loyal subjects , the lords and commons &c. says stat. . car. . c. . we your majesties most faithful and loyal subjects , the lords and commons &c. says stat. . jac. c. . we your majesties most loving , faithful , and obedient subjects , the lords spiritual and temporal , and commons &c. representing the three estates of this realm , ( so bearing only the part and place of subjects in that representation , ) says stat. . eliz. c. . and the like may be seen in the acts under q. mary , as in stat. . mar. sess. . c. . under king edward . as stat. . edw. . c. . and k. henry . as stat. . h. . c. . &c. . by all which , i conceive it plainly appears , that the two houses sit with the king in parliament , and concur in making laws , not as coordinate powers , that are equal to him ; but as subordinate under him : not in place of sovereigns , but of subjects under him their sole sovereign . so that if any parliaments head insurrections against our kings , they are wars of subjects still against their sovereigns , and such as they neither can , nor lawfully may make , no not in their own defence , as the statute says . but ‖ some appeal from the letter of these laws and legal declarations , to the equity of them ; and think , tho the letter of the law condemns resisting subjects , that the equity thereof will acquit and justifie them . this plea of equity , against the letter of these laws and legal declarations , is for excepting some particular cases , from being meant and comprehended in the general terms used therein : and that is by way of presumption , that the makers of those laws and declarations would have excepted them , had the cases been foreseen , or particularly put to them . but there is no place for presumptions of a thing , against express declarations to the contrary ; or for supposing such exceptions in laws , that say themselves they do not except any cases . and this the foresaid declarations do in this point of resistance ; declaring it to be unlawful , to take up arms against the king on any pretence whatsoever . yea being made with a particular eye against these pretences , of invasion of laws , religion &c. so that they must needs be understood to comprehend , and not to except them , as i noted before . besides , military resistance of sovereign powers stands forbid , by the letter , not only of our laws , but also of nature and scripture ; the fifth commandment , and other scripture precepts , calling indispensibly for subjection and obedience , ( which bars all such resistance , ) to sovereign princes , from all persons , and at all times . and there is no pleading equity , to exempt any cases , from the generality of their expressions . for there is no urging equity , against natural duties . in mere positives , or in things of mere human obligation , it may have more place . but in matters of intrinsick goodness , and natural obligation , it has none . they are standing rules , that admit of no exception , and the plea of equity must always , and only be for the keeping , but never for the breaking of them . no man must ever pretend equity , for leave to commit murder , or adultery , or to steal , or to rebel , or to transgress any other law of nature . for the main care of equity , is to make these duties inviolable ; and so the argument to be drawn from thence , is in every case to act according to them , but in no case to act against them . the pretence for equities exempting some cases from the prohibitions of resistance , is for the safety of subjects , because say * some , no man can owe so much duty to his prince , as not to have a salve for his safety especially for his life . but what a man owes , or is oblig'd to by the law of nature , not only to his prince , but to the meanest fellow-subject , or to any of mankind , is without any such salvo , even for life , and he may not transgress such natural duty towards them , tho it were to save his life . it not being lawful to steal , or murder , or commit adultery , or transgress any other natural duties against our neighbours , no not when we are the most put upon it , and tempted thereto to save our selves . i add , whatever people spurr'd on by a desire of revenge , may vainly fancy in favor of their own passions , that equity sets more by submission in all cases , than by this desired liberty of resistance . its first precept about this matter is , whatever the governor be , to have government kept up ; which is by holding on submission , that is always cast off by resisting . and this , not only in regard to gods authority , whereto it calls for justice and submission , tho in an evil prince but also in care of the subjects own good. which amidst all the hazards men may think the doctrine of non-resistance to be attended withal , is much more , and much safer , in this constancy of submission and non-resistance ; than it would be in the contrary liberty of resisting and running to arms , on the foresaid pretences . lastly , that equity doth not exempt from this non-resistance is plain , because it is a general principle , and what exemption it gives would be general : under all governments , absolute as well as limited , and in all times and places , one having as much claim to natural equity , as another has . and so , there would have been exemption thereby under the roman emperors , fancied ( tho without ground ) to have been absolute and arbitrary governors ; and in the primitive scripture times , as well as under our kings , and in this present , or the preceding age. whereas , our blessed saviour , and his holy apostles and the primitive saints , plainly admit of no exemption under those emperors . † and the managers of this plea own there was none , nor allow any liberty of resisting , under any absolute and arbitrary king. they ‖ appeal likewise , from these declarations of our laws , to the nature of our constitution , and the end of our frame : and think , it will justifie that resistance , which these sayings and declarations of law condemn . but as to our constitution , thereby the supremacy is fixed solely in the king ; and therein is an express denyal of all coercive power over him ; and a declaration or maxim , that he can do no wrong , what he doth , being by ministers , and they only , and not he , being accountable in any court here for the same . all which , leaving neither fault imputable to him to deserve it , nor autority in any others to try and judge him for the same , must needs bar all forfeitures of the crown . the whole power of the militia , or of listing soldiers , the law declares to be only in him . and loudly asserts the unlawfulness , and treasonableness , of all levying war against him . nay , that even the parliament themselves , as i noted , have no power to make any war , either offensive or defensive , against him . and in a government of this frame , owning one irresistible sovereign , and thus carefully excluding all taking arms against him , i do not see whence any should hope to fetch this liberty of resisting . and as for the end of that part of our constitution , which lies in securing our liberties and properties ; that is plainly with limitation , and so far only , as they can be secured to subjects continuing subjects , i.e. in consistence with submission , which is thrown off by military resisting . they are to be secured thereby to the subjects of these realms , so far as they can be secured , under a sovereign and irresistible prince , ( as our constitution makes ours to be , ) and by men keeping to their duty and obedience . chap. vii . of passive obedience under invaders of natural rights . and these as defensable by arms , as civil rights . having hitherto shewn , that the invasion of civil rights and laws , gives no exemption from the gospel duties of obedience and non-resistance , which i think i have made pretty plain , both from the case of jews , and gentiles , and from our own laws themselves : i now proceed to shew , in the fourth and last place , that if this defensibleness of legal rights , would exempt us ; a like defensibleness of natural rights , would as well have exempted all other subjects of sovereign powers . and so , contrary to what the advocates of resistance themselves affirm , would have left no such duty in the world , as passive obedience . the true christian , and thank worthy passiveness , as † s. peter observes , not being that of malefactors , who suffer for their real faults ; but of righteous persons and well-doers , who cannot suffer , but by an invasion of rights , or unrighteous usage . all oppressors , invade mens natural rights ; if they have no civil laws , to make them civil rights . that ruler , who has no civil laws to guide him , is yet bound to guide himself , by the law of nature and reason . now nature , makes right and wrong , and appoints laws for them . else , by the mere law of nature , there could be no such thing , as unrighteousness , or wronging of our brethren . thou shalt not kill , and thou shalt not steal , are some of natures laws . and all shedding of innocent blood , all theft , lies , and breach of faith , are by nature violations of right , and so unrighteous actions . now , natural rights , are as defensible this way , as any civil rights are . i do not only say , they are as sacred , and inviolable : yea , having god , and not man for their author ; and a divine law , not an human , for their guard , they must needs be more inviolabe . but also , that they are as defensible by force , as any civil rights . thus , princes , and sovereign states , take arms against each other , to defend their natural rights . and so may private persons , ( under like moderation of christian charity , as they are to shew in quarrelling for any other rights , ) when assaulted by thieves , murderers , or other unrighteous attempters , and have no leisure , or opportunity , to call in the protection of government , and guard of civil laws : one private person , having liberty to fight another in these cases , in defence of their lives , persons , liberty , and other things , which are natural rights . and this is the liberty of self-defence : which is a liberty of defending these natural , ( or other ) rights , by our own natural force ; when , being out of the cover of laws , we are left , as in a state of nature , to defend our selves . indeed , mere natural rights , have no civil defence , till they are taken in to be civil rights . that is , there is no commencing an action , and suing for them in any civil courts , till they are backed and defended by civil laws . but this way of defending by force of arms , is a natural defence , in which laws give a man no help at all , but he is left purely to the strength of his own natural powers . and for natural rights , a man may make his natural defence , which is no more than the liberty of self-defence . nay , when men come to defend their civil and legal rights this way , viz. by running to arms , they defend them not as civil rights . for what defence any thing gets , by having a civil law for it , and being a civil right , is a legal defence , or defence by legal process . it may be pleaded in a law court ; and whilst courts have autority , and law can be heard in them , that will defend it . but when men leave contesting these rights at law , and fall to arms , they absolutely throw off this civil defence ; there being no cover or defence from law , among drawn swords , nor any use in war , of witness , judge , and juries . and , instead of that , they come back to natural defence , or by their own natural strength , which is to defend them as natural rights . so that natural rights , must needs be as defensible by arms , i conceive , as civil rights : since civil rights , as civil , are not at all defensible by arms , but by law suits ; and to defend them this way , men must bring them out of the state of civil , which lies in being under government and in courts , into the state of natural rights . and when , in any case , the law justifies this defence afterwards , it is not as needing a civil law , but under the notion of a natural right , or as being the natural liberty of self-defence . but now , if subjects might have recourse to this forcible defence , and levy war against their sovereigns , upon their violation of natural laws , and invasion of natural rights , which are as defensible this way , as any civil rights : then there is no such thing as passive obedience , nor ever was any submission and non-resistance due , to ill and injust kings . and so in reality , there should have been none due , in those times , when god always required it , both among jews and christians : whose passive obedience was never tried , but when they suffered unrighteously , by an invasion of their natural and divine however , if not also of their civil and human rights . so that this plea , of the defensibleness of these rights by force , will afford no ease peculiar to us , nor alter the case of non-resistance with us , from what has been so long since determined of it , in the scriptures , and the primitive church . had it been true , it would have set the suffering subjects loose in those days . and , as the inspired men , and holy fathers , taught non-resistance , as a truth then : they would , were they now alive , tell us it is as true now , and bid us do the same in ours . this forcible defence of civil rights then , as well as a like forcible defence of natural rights , must be limited to private persons . if men were under no civil governors , they would be left each to defend their own rights . and when they are under government , they are still left to it against other private persons , in cases that will not stay for the defence of laws , or for recourse to governors . but there is no liberty for subjects , to defend their rights thus by joyning in arms , against their lawful sovereigns . the holy scriptures , and our own laws , as i have shown , plainly forbidding this way of defence , when subjects suffer invasion of rights . and the pleaders for resistance , allowing they may not take it in defence of natural and divine rights , no not in defence of religion it self , till it is taken in to stand by civil law ; and civil rights , are not more defensible by force of arms , than natural and divine rights are . to the sovereign power , the command of god is , to be subject . then there is no resisting , since warlike resistance throws off subjection . so , levying war in subjects , can be no way of defending rights against their sovereign . nor can they take any ways of defence , but what are consistent with subjection . therefore their defence of rights , must only be in those ways , which keep in the order of government and justice . if they are oppressed by a lower power , they may seek to a higher , and so rise , till in this way they have tried the sovereign himself , beyond whom , in subordination of government , there can be no appeal , but to god himself . so there is human help this way , against all governors , but the supreme . yea , some kings themselves , are but imperfect sovereigns . they have reserved cases : and though they are supreme , in all others ; yet in these they have superiors , to take cognizance of , and declare their failures , and discharge their subjects from bearing them any more allegiance . and here is human redress , and that by force , even against the king : not by breaking and casting off the order of government ; but by keeping under , and paying subjection to those , whom , in these cases , the laws have made superior unto him . this may seem the case of poland , where a clause said to be in the coronation oath , sounds to this purpose . but , where a king is the sole supreme , both over all persons and in all causes that can come under judicial cognizance : he can only have god above him . and when he invades the rights , and stands in it ; after we have sought to courts , and made supplications , and used all ways for a subjects redress : there is no way , but to be content with so much right , as we can have by continuing under his government ; and for the rest , to leave it to god , ( who will be sure to do it first or last , ) either to redress , or avenge our cause . but the way of subjects , by order of god , who requires them for all this to continue subject , cannot be to resume the liberties of ungoverned persons , and fall every one to right themselves against him by force of arms ; which is to throw off the state of subjects , and set up to be their own governors . nay , this way of defending rights , would be the most unwise , and opposite to that securing of rights they aim at , as well as most offensive to almighty god. for however , in their heat , and uneasiness under wrongs , men are apt to think this a way of recovering , and defending such invaded rights : in the end they will find , it is the way to leave , both them and all their other rights , defenceless , and under no guard , or security at all . for government , is the best safe guard , of our liberties and properties . and if once we go to pull it down , we go at the same time , when we do not think it , to pull down our selves , and to set open our own freedoms . the fence being broken down , the inclosure becomes common , and our rights lie open to all intruders . from this discourse i shall observe , that as to the point of using forcible defence , it seems no great difference , when religion is persecuted , whether it stand upon its own right , or be taken into the law of the land , and stand on civil right . every man has a right , to be truly religious , and to serve god. he has a right , to seek eternal happiness ; and to truth in religion , as the way to it . and every prince invades this right ; yea , i add , and god's too , who denies him this , and persecutes him for it . if god has a right to our service , we must needs have a right , nay , be under duty and obligation , which i think is more than a right , to serve him . and this right , is unalienable ; no prince , or power on earth , who are all authorized to rule us under god , not to rule over him , can , or ought to set it aside , or deprive us thereof . and as no prince can , so can no law do it . for whence must that law have such authority ? is it from god ? no sure , he cannot authorize any human laws , to set aside his own laws , for that were to give men autority over himself . it is only the power of the law maker , that gives the law its power . and if the human power that made the law , cannot take away this right ; the stream cannot rise higher than the spring , nor the effect have what the cause had not , so that the law made by him cannot do it . if a law attempts to take away this right , it is as bad , as if a prince doth it . as he is an unrighteous prince , so is it an unrighteous law ; and we do not cease to have this right for either , but suffer equally an invasion of an unalienable right in both . now , since religion , however persecuted , whether with or without law , is an unalienable right : how should its having , or wanting a civil law , either give or take away this forceable defence of it . for its own natural and divine right , is as defensable by natural force , as i have shown , as any civil right the law will add to it . and what is it , that a civil law doth , towards this way of its defence ? it maks it , say † they , a civil right and property : and a persecuting law against it , though , as it is wicked , it cannot command our obedience ; yet , as it is a law , it may dispose of our civil rights . true , a civil law , will make or unmake a civil right , which gives or takes away a civil defence , by courts and law suits . when it has a civil right , it will have redress in courts , and have men punished for invading of civil liberties . and when it has lost this , by a law against it ; its professors must not come to sue for in court , or hope to find any help there . but what is this defence of courts , by being a civil right , to natural defence , or defending it by force of arms ? were the doctrine of resistance true , as i have shewn , it need not go to civil right , to have this natural defence : or , if it did , civil right would send it back again to natural right ; civil rights , when they come to this way of defence , throwing aside what they have by being civil , and coming into the state of natural rights . so that whilst it remains a natural , or divine right , it is defensible by arms , as if it were a civil right . and such a right , true religion always is , and however persecuted , whether with law , or without , or against it . it holds this right unalienably under the unrighteous invasion of laws , as much as under the illegal invasion of rulers . and having the right as fully , if it were defensible this way , it might defend it as lawfully against their invasions , as against his . and then the professors of true , but persecuted religion , might fight for it against their persecuting sovereigns , not only for the laws , but for the truths sake ; and be as free to make this defence for it , when it is driven out by the law of the land , as when it has that law on its side . which , besides what is said thereto above , i note against those , who make an armed defence of religion among us , different from a like defence in the days of the apostles and primitive persecutions : on account , religion than had the laws against it ; but now , through the blessing of god , it has the laws on its side . what has been offered upon this last point , is sufficient also , over and above what has been said to that before , against those , who make our case different , from that of the primitive saints , either jews or christians : because the non-resistance they paid , was not , say they , to limited rulers , as our kings are , being bound up by laws ; but to absolute governors . for , though some are more absolute , i.e. more left to discretion , and have fewer human laws to direct them , than others : yet , were no governors ever perfectly so . there were , both laws , and popular freedoms and immunities , under the roman emperors , as i have shew'd . and laws not to be alter'd , under the medes and persians . and a body of laws , ( which god * commanded them to keep always by them , to be well studied and vers'd therein ) to rule the administration of the israelitish and jewish kings . and where monarchs were left most to themselves , † governing ut libitum , as tacitus says of romulus ; when ‖ arbitria principum pro legibus erant , as justin testifies of the first ages ; and they did ‡ jura dare , as virgil says of priamus and the ancient kings : i.e. when they ruled and judged their subjects mostly , not by any written laws , but by their own reason and equity : yet even then , were the laws of god and nature , always to be a rule to them in their administrations . besides , all the power of people , and the liberty of resuming their primitive natural rights , and standing up to right themselves when wrong'd by their governors : is grounded , by the advocates for resistance , on the original contract , whereby , in the first framing and constitution of every government , when the people , as they say , parted each with their native liberty , and set governors over them , they every where made these reserves for themselves . this original contract , is the last ground , when things are run up to the top , of all peoples rising in arms against unjust powers ; thus reassuming the autority they had formerly intrusted , when they see it misemployed , and deposing those kings who had abused their trust. now this original contract , particularly as to our own nation , will not be pretended , i believe , to be any where extant upon publick record . and the rather , for that in magna charta it self , the grand record of our liberties ; those liberties are not fetch'd from the peoples own reserves , as if originally we came by them that way : but from the kings grants and donations . * of our free and mere will , we have given and granted to our bishops , &c. and to all free men of our realm , these liberties following . — † to have and to hold , to them and their heirs , of us , and our heirs for ever , says the charter . and much less , i think are we to expect any records of such reserves , under the first and most ancient governments . for under them , the people were so far from making , or recording , any such fancied reserves of rights and privileges : that they had not any record of laws but what were in their princes breasts , not so much as stipulating for any rules whereby they would be govern'd , but trusting and submitting themselves , to the justice and discretion of their rulers , as i have noted of the first kings . but this contract , is fetch'd from the common reason and nature of things : there being no other way possible , as these men say , whereby civil government should take rise . now the nature of things , is one and the same , to all times and places . and common reason , must be as common to east as west : to the persians and romans under those more absolute powers ; as to the goths , or germans , or other northern nations , who have provided better for popular liberties . and therefore , if common reason and the nature of things , will carry such an original contract , the ground of resistance , for us ; it would have done as much for them . and if it was not sufficient , to authorize resistance in their case , as these men themselves affirm , asserting them to have been under a tye of conscience to passive obedience : it cannot suffice any more to do it in ours . common reason , and nature of government , gives equal provision to all , and as much original contract to the subjects of absolute emperors , as to those of legal monarchs : who , whatever liberties and provisions they have more , have them not from common reason , but the special limitations of their own laws . so that on this account , we must not take more liberty to our selves , or make our case , in point of resistance , different from theirs . chap. viii . no resistance , on pretence that acts against law are inautoritative . but when our rulers invade us against right , say * some , what authority is there in their invasions ? has any man authority to invade our rights ? and if our governors have no authority for their invasion : since we are to be subject only to authority , is there any obligation on us for submission ? and may we not make resistance , against unautoritative acts ? a liberty for resistance , needs not superiority , but parity ; for we may defend our selves against our equals . and when kings act illegally , and invade rights : in those acts , say some , they have no authority , and acts done against law , which are the rule of the polity , are politically powerless . so that we may resist them in such case , as we may our equals ; they acting there without authority , which is the same , as private persons . no , say i , under those illegal actings , they are still kings and sovereigns . tho there be no authority derived into the action , which , if it be against the laws of god and the land , is condemn'd and vacated , not authorized and enforced by either of them : yet the authority abides still in the person . and as to the dueness of non-resistance in such illegal actings , the question is not , whether the illegal act has any authority ; but whether the sovereign that acts so , retains his authority . for passive obedience , is due to the person in authority : and whatever liberty we might otherwise take , to oppose such an action ; we must keep passive , under such a person . if , for all his illegal act , he is still thy father ; the fifth commandment says , honor and obey him . if he retains his authority over us , and continues to be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or higher power ; s. paul tells us , that in conscience towards god , we must needs be subject to him . and whilst we are to be subject , we must not resist : for when once we fall to warlike resisting , there is an end of subjection . so that it is not enough to say , the illegality doth disauthorize the action , or hinder it from being binding ; unless it also disauthorize the person , and make a forfeiture of his authority over us . for whilst his authority lasts , we are bound to continue his subjects ; and that tyes us to be passive in such cases . now , a king may keep his autority , for all he doth some inautoritative , and illegal actions . he doth not lose power , by abusing his power , or stretching to make it more : nor make away that real autority which he has , by going beyond it in an unautoritative act , or pretending to some authority which he has not . what autority have any sovereign powers , to make laws against the true religion ? if their autority is from god , i am sure he has given them no commission , to forbid what he has commanded . they go quite against the rule of legislation , when they employ it in making laws against him . and those laws , carry no binding force from god along with them , to oblige subjects to their observance . so that if by inautoritative acts , be meant acts against the rule of administration ; or without any real right , to warrant the king himself in commanding , and to oblige others to obey them : all laws are inautoritative acts , which are made against the true religion . but yet , they that urge this objection , will not say , that any kings forfeit their crowns , or ease their subjects of the duty of passive obedience , by making persecuting laws . nay , † they say there is a necessity of not resisting , but being passive under them , because they have such laws whereby to persecute them . what is the real and intrinsick authority , or legality , of a sentence grosly unjust , and apparently contrary to law ? i mean not only contrary to legal forms , as a judgment would be without a jury : but contrary to those particular laws in any case , which the judge , proceeding in form , ought to pronounce by . a man comes to a judge and jury , to have law , or the benefit of those particular laws , which he grounds his claim upon . and the judge , is to pass sentence according to these laws , and to give what the laws give him . and , i suppose , those laws do not authorize this sentence , if it grosly and corruptly perverts , what they say . in this case , if they authorize what the judge says , i think they must no longer authorize what they say themselves , since his saying is directly contrary to theirs . and accordingly , instead of authorizing , they will reverse it , so soon as they fall into the hands of a more upright judge and jury , that will find and pronounce aright . so that here is a sentence against the laws , that should have ruled it : which , not having the laws concern'd therein , to autorize and bear it out , if autority must come from law , i think will be an inautoritative act. but i imagine these objectors do not believe , he ceases thereupon immediately to be a judge , which would vacate all the sentences he passes afterwards . or , that the aggrieved parties have remedy any other way , than by legal appeals . wherein , if they can find no redress at last from the supreme power it self , yet are they not thereby set loose from being any longer his subjects , nor have any discharge , as i think is confess'd on all hands , from their passive obedience . how many illegal , and unautoritative acts , were done by saul , and ahab , ahaz , and manasse , and other ill kings among the jews ; which yet did not unking them ? and by the roman emperors , as i have shown , which yet did not disrobe them of their purple , or free the poor oppressed christians , and other subjects of the empire , from being subject to , and passive under them ? among these , are instances enow , as may appear from what is said above , of illegal acts , against the autority of all laws , both of god , and of their own realms . and yet of the sovereigns , who were the illegal actors , still retaining their sovereign autority , and holding the sufferers in their former state of subjects , and under an obligation of conscience to passive obedience . and this is a clear proof , that god , tho he has given rules to higher powers , which are duties of governors , and according to which , at the great day , he will judge them himself : yet , has not made these rules of exercising power , conditions of their holding power , or grounds of forfeiture . he himself , under the most enormous breaches of these rules , having plainly declared , by the inspired pen-men , of those princes that broke them , that they were still in autority , and that their subjects , as they would answer the contrary to him , were to keep in their obedience and duty to them notwithstanding . so that wheresoever any forfeiture of crowns comes in , it must be , by some special provisions in a peoples own laws . and where law makes a forfeiture , it will make a prince forfeit in a legal way , by appointing some superior power to try the fact , and judicially to declare the forfeiture . but i do not conceive , how there can be any legal way of forfeiting , where the prince is declared by law , to be the sole supreme . now , if unautoritative acts do not disautorize the person , and make him sink into a private man ; but for all them , a king continues still to be a king : where is the argument for resistance from such inautoritative acts ? yes , ‖ say they , when unjust acts have no autority in virtue of self-defence , we may resist , and defend our selves against them . true , where there is no other hindrance to resisting , and defending our selves by arms , but what is to be looked for in the action . but resistance , and warlike defence , tho it be for an action , must be of some person . and what if there is something , to bar such resistance , in the person ? as i think the law appoints in the persons of father and mother , when it declares , he shall surely be put to death , that smiteth them . exod. xxi . . and in the persons of higher powers , when it calls us to honor , to keep subject , and not to resist them . so there is something in his person , to keep out all resistance , and arming against our sovereign . the argument for not resisting , or making a warlike defence against him , is because he is king. and then , what takes off this , and can be an argument for resistance , must be something that doth unking him . and since such unautoritative acts , are no forfeitures of crowns ; 't is plain , whatever other immunities they are a ground of , they are no ground of levying war , or armed resistance . this , i take to be a very good , and sufficient ground , and i think it is the true ground , of submission and passive obedience , under illegal violence and persecutions . the illegal act , i conceive , has nothing in it self to bar self-defence ; having no autority to bear out and inforce it , as may seem , either from god or man. not from god ; for if his law carries his autority , ( and where doth he display his autority , if not in his laws ? ) what is against his law , is against his autority . nor from man , for the same reason , of its being against humane laws , which carry their autority . but the autority of the person , is a bar to this way of defence against our sovereign . and when the sovereign will do such illegal acts , tho he has no autority to justifie himself therein , nor to make his unrighteous or illegal commands , really obligatory and binding : yet , because he is a person , under whose autority and obedience we all are , this will be the effect of them . seeing subjects under government , can have no remedy , but what keeps the order of government , and must be content with so much , as keeping to that order allows : till god alter his mind , we can have no present redress . and being his subjects , we cannot go to arm against him , to defend or right our selves . and this is passive obedience . so that when the irreligion or illegality of the command , exempts us from any obligation , to active performance : this autority of his person , doth notwithstanding lay on us an obligation , of keeping under his obedience , and making no warlike resistance . and on these grounds it will be easie to give a rational , and plain answer to those questions , which the disputers for resistance shall think most posing , about the authority of kings , when they act against laws . if it be asked , what is a kings autority , when he doth such illegal acts ? 't is just the same it was before he did them ; for as he doth not get , so he doth not lose any rightful , and real autority thereby . but what doth his autority give , to the illegal act , or order ? doth it authorize the subjects in an illegal thing ? or make the law , which forbids it , cease to be a rule to them ? no , the laws of god and men , are to be the rules of conscionable acting . the autority of the law , is the autority of a rule . and for a rule , it is the best autority . and an humane law , is the best humane autority . and where kings , neither make , nor unmake and repeal laws , alone ; the king commanding in the laws , is of more autority to rule the subjects actings , than the king commanding against them . and what doth his autority give him , as to that particular illegal act ? not to be questionable , or accountable for it among men , or coercible by force and armed opposition . and that , because for all that act , he is still our king , and we owe him subjection . receiving such illegal acts from our king , we must receive them as subjects . and the obligation of continuing subjects , excludes all liberty of armed resistance . whence , say they , in an illegal act , has a sovereign prince this autority ? from the fifth commandment , and from all those commandments , that require submission , and obedience , and being subject unto princes . for the plain intent of all those precepts , as may sufficiently appear , i think , from what i have said on this argument ; is to require these , to princes that break , as well as to those that keep laws ; to unjust , as well as to righteous sovereigns . and if god commands us to submit , and keep in subjection to a sovereign prince , that acts against laws ; he must forbid us to resist such : for men put off subjection , when they fall to resisting . it may be asked still , has he it from the law of the land ? yes . what , from the law he invades ? doth the law give him autority to break it self ? no , but by all those laws , that declare he incurs no forfeiture by such invasions . for all those laws , that own and declare such invader to be still our king , determine our subjection to him , and forbid us to resist him . for men are no longer in the state and posture of subjects , when they come to arm against their sovereigns . if a man suffers illegally , they will demand by what law ? by none surely , for then there is an end of the illegality . but to ask for a law for his suffering , is to ask for something to justifie , or make it just in the eye of law , that he should suffer . but this is not pretended from the kings autority ; and it is supposed to be an unjust , and illegal suffering . but if the king has no autority , to justifie the illegal suffering ; has he any autority , to bar the illegal sufferers resisting ? yes , the regal autority not being lost by that illegal act , but still abiding in him . for all he makes a man suffer against law , he is still his king. and that is a reason against resisting . for by all law , both of god and man , we must be subject to our king. and he ceases to be subject , that draws his sword against him . chap. ix . the reasons of non resistance . and how it makes not arbitrary government . i shall only add now , in the last place , concerning this non-resistance , or not arming against invading princes , required of , and practised by the first and best christians , what regards they were guided by , and what reasons they looked at , for this observance . . the first and chiefest , was in reverence to god's ordinance , insomuch as those rulers , were gods anointed , his ministers , or his vicegerents . how can i stretch forth my hand against saul , says david , and be guiltle§ , seeing he is the lords anointed . sam. xxvi . . and c. xxiv . . and he that resists , shall receive damnation , saith s. paul , as resisting the ordinance of god , rom. xiii . . and he is the minister of god , wherefore ye must needs be subject , not only for wrath , but also for conscience sake , v. , . and like to these , are the sayings of the primitive fathers , for submission to the persecuting emperors . tertullian grounds the duty of allegiance we owe the emperor , on this , that he is deputed by god , * and has his power from the same , from whom he has his spirit : that he is one , † quem deus eligit , — qui à nostro deo constitutus , i.e. whom god has appointed : ‖ à dominus dei vice , gods vicegerent , or a lord over us in gods place and stead : whom ‡ knowing à deo constitui , to be gods ordinance , every christian ought of necessity to love , reverence , and wish safe . this made the sacredness , and autority of the emperor , in their eyes , because , as athenagoras * tells marcus and his son commodus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their empire they had received from god. the same , which dionysius of alexandria † said afterwards of valerianus and gallienus , to aemilian the praesect . and because , as theophilus says in his book to autolycus under the emperor commodus , tho the emperor ‖ is not god , yet he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a man ordained of god , and under him , to do judgment and justice . and this also is the ground of subjects duty and allegiance , in the doctrine of our church . all subjects do owe of bounden duty , obedience , submission , and subjection , to the higher powers , for as much as they be gods lieutenants , gods praesidents , gods officers , &c. says the homily of obedience part . and again , all subjects are bound to obey them , yea though they be evil , and that for conscience sake , as gods ministers . — though they be wicked , and abuse their power : yet therefore it is not lawful for their subjects to withstand them , because , even wicked rulers , have their power and autority from god. homily of obedience part . now , all these are reasons , not to resist the worst , as well as the best kings : the infringers of rights , as well as the maintainers of them . for all men rightfully invested with power , are gods ministers , his anointed , and his ordinance , however they employ their power . the bad are , as well as the good ; at their worst , as well as at their best times . saul is the lords anointed , as well as david ; † zedekiah , as well as josiah ; nero , domitian , dioclesian , or other bloody persecuting emperors , as well as the most just and godly kings . the same that gave the power , ‖ says s. austin , to marius , gave it also to c. caesar ; he that conferred it on augustus , gave it also to nero ; he that bestowed it on the vespasians , father and son , those most obliging emperors , bestowed it also on domitian so infamous for his cruelties . and not to particularize any further , he that set up constantine the christian emperor , set up julian too who apostatized from christ. in reading the holy scriptures , says our church , † in the homily against willful rebellion , we shall find in very many and almost infinite places , as well of the old testament as of the new , that kings and princes , as well the evil as the good , do reign by gods ordinance , &c. they have their power and authority from god , says the ‖ homily of obedience , and are to be obeyed as gods ministers , although they be evil — although they abuse their power — although they be wicked and wrong doers — and it is not lawful for inferiors and subjects , in any case to resist and withstand them . whatever the rightful sovereign be then , that bears hard upon any man ; let me ask him who is most uneasie , if , for all his personal unworthiness , and oppressive administration , he be not still the lords anointed , and the ordinance of god. and so long , if he will be a follower of the holy scriptures , the primitive fathers , or our own church , whose testimonies have been alledged , how can he lift up his hand against him . . a second ground of their non-resistance , was in patience and submission to gods providence . in such hard cases , they were like to ease their suffering by patience , and make it worse by resistance . in your patience , says our saviour , possess ye your souls . luke xxi . . when the cross was brought upon them , they were called to take it up , not to drive it away ; to follow christ in bearing it themselves , not to follow the world in endeavouring to force it upon others : according to those precepts of our lord , for taking up , and bearing his cross. these persecutions they looked on , as sent by god for tryal of their patience , not of their fighting valor in making resistance : and were careful under them , to shew invincible stoutness in sufferings ; not refuse to suffer , and rather fight in their own defence . the cup , which my father hath given me , shall i not drink it ? therefore put up thy sword , said christ. joh. xviii . . lo here is the patience of the saints , says s. john , noting what in their persecutions they sought to signalize . rev. xiv . . and , absit ut divina secta dol●at pati , in quo probatur : god forbid this divine sect should be against suffering , which is only gods way of tryal and probation , † says tertullian , of their patient and unresisting sufferings , when they had strength enough to defend themselves . . in faith in god , and trust that he , as rightful judge , would sooner or later , as he saw best , right their cause . vengeance is mine , i will repay , saith god ; and they were content to leave it to him . † we confide in him , who is able to take vengeance , both for his own , and his servants injuries . — when we suffer such unspeakable things , we leave it to god to right us , says lactantius . ‖ against all your injuries , the judgment and vengeance of god is our defence . and upon that account it is , that none of us makes any resistance , though we have numbers more than enough , says s cyprian . and loe , here is the faith , and patience of the saints , said s. john. rev. xiii . . they committed their rights to him , when despoiled of them by unjust force , and never went about to make parties and tumults , by force to right themselves ; to shew the faith they had in his justice , his providence , and promises ; and how far , and freely , even in these dearest and most concerning interests , they durst trust him . now both these also , are reasons equally not to resist , under any rightful sovereigns . the cross is the same , under one , as under others . the same tryal of patience , and of faith , when they fall under the same distresses : whether by christian or heathen , sober or dissolute , by princes that invade , or that observe civil laws and legal properties . now , to all this , that has been said on this subject , it would be a very weak and unjust exception , to say , this forbidding of resistance on violation of laws , is setting up for illegal and arbitrary government . for to govern arbitrarily , is to rule by discretion , or to have no written laws to govern by . and where there are stated laws , to regulate and direct administrations ; there is all the human care that can be , to prevent arbitrariness in sovereigns . there are but two ways , to limit and lay restraints , or keep any governor within compass . one is , laws ; which restrain him as a rule , by fixing and prescribing for him , his just bounds . the other , is a superior power , that can call him to account when he deviates , and forceably compel him to return into a right course ; and these restrain him as his rulers . now , as for this later way , of appointing higher powers , for their supervisors and correctors : it is visible this can be no way of restraining sovereigns ; who can be no longer sovereigns , but subjects , if they have any superiors , he that is by law declared the supreme , especiall the only supreme in any realm , must needs be above all , and no man can be above him . though the laws of his realm , are to be his rule ; yet no man in his realm can be his ruler , nor they , who all profess themselves made subject to , pretend to set upon him . besides , if such correctors were appointed , to secure the laws : yet would that be only a dream of security , which would vanish , as experience made us awake and come to our selves , and not secure them really , more than they are secured already . for these correctors , being subject to like over-sights , passions , and misgovernments , are as liable to prevaricate and violate the laws , as those whom they are set to supervise . the laws are safe enough , in the hands of good kings ; and as unsafe , in the hands of ill correctors , as of ill kings ; and such correctors , are every whit as liable , and like as oft to be ill , and abuse the laws , as kings themselves . and what redress for the invasions and breach of laws , when they do amiss ? so that this doth not cure , but only shift the disease , which is uncureable under any sovereign or last judge , be it king or parliament . army or mobile , through the nature of this world , and the inseparable uncertainties of human affairs . as in the ●●ne of human subordinations then , some must be sovereigns ; and these must be men , subject to be drawn aside like our selves : so can these have no restraint , but laws ; nor any judge but god , and so be unaccountable here on earth . the only possible restraint of arbitrariness in them , is laws . and the best restraint these can lay , is , if acts of state and justice , are to be sped , not only by the sovereign himself in person , but by his ministers . and if , though the sovereign himself is not , yet his ministers are accountable , and tryable for breach of laws , as well as others . which , i think , is as much security under a sovereign , as sovereignty allows . and this human security , we have in this realm , to guard our laws : although we may not resist our sovereign , and fight for those laws against him by force of arms ; which is a throwing off his sovereignty over us , and setting up for our selves . but though this doctrine of non-resistance , yea , even in defence of laws , doth not make arbitrary power : yet , on the other hand i would have it considered , whether the liberty of resistance , is not like to bring in arbitrary subjection . they may cast off obedience , say some , for publick good , i.e. when they see it expedient , for they must judge of it . is not this to set subjects loose , when they see cause . and if they are arbitrary governors , who in ruling are left to discretion : are not they also , as arbitrary subjects , who in obeying are left to discretion ? now , to cure arbitrary power , by arbitrary obedience ; is to cure tyrannical government , by no government , which is as bad , nay , abundantly worse . the very worst of tyrants , are the ministers of god for good , in comparison of no government . one tyrant's lust , cannot rifle all virgins ; nor his avarice , devour all estates ; nor his revenge , reach all persons ; nor his cruelty , cut off the common wealth . but under no government , the rabble will govern all . and that will be branched out into many thousand tyrants , who persecute without pity , as well as justice ; and pull down and spoil , without any relentings ; and have no generosity to spare , or greatness of soul to neglect or leave any thing ; but think the meanest plunder a desireable prey , and sweep all before them . a poor man , that oppresseth the poor , is like a sweeping rain , says solomon . prov. xxviii . . and i think the experience we have had of late , in these three realms , of the rabbles ruling is enough to convince all considerate men , that a few months of their expedition , is much more full of illegal violence , injustice , and inhumanity , and a great deal more formidable , than a tyrants whole reign . finis . notes, typically marginal, from the original text notes for div a -e * tit. iii. . † pet. ii . . ‖ rom. xiii . . * mat. x. . luk. ix . . mat. xvi . . luk. xiv . . † rom. xiii . . ‖ inquiry into the measures of submission to the supreme authority , art. . . discourse about the justice of the gentlemens undertaking at york , nov. . p. , , , . & passim . julian the apostate , c. . p. . . and the answer to jovian , p. . and several others . † jo. iii. . and cor. ● . † in primis deo digna , & , ut ita dixerim , necessaria , ad probationem scilicet servorum ejus , sive reprobationem . tertull . de fug . in perfec . c. . ‖ pala illa quae & nunc dominicam aream purgat , ecclesiam scilicet , confusum acervum fidelium eventilans , frumentum martyrum , & paleas negatorum . ib. † apol. ● . ult . & justin. mart. ad diognet . p. , & dial. cum tryph. p. . & lact. l. . c. . * apol. . p. . * libell . precum p. . † quas utinam nunquam possedisset ecclesia , ut apostolico more vivens fidem integram inviolabiliter possideret . ib. p. . ed. ox. † adv. marc. l. . c. . † homil. . in mat. in c. x. . be ye wise as serpents , &c. † ibid. ‖ vid. edwards gangraena part . ep. dedicat. ‖ see the authors cited p. . * geog. l. . sub fin . † lib. . ‖ ib. l. . * sed & quod principi placuit legis habet vigorem : quum lege regia quae de ejus imperio lata est , populus ei , & in eum , omne imperium suum & potestatem concedat . instit. l. . tit . . . † faedusve cum quibus volet facere liceat — utique ei senatum habere , relationem facere , &c. utique quaecunque ex usu reipublicae , majestate divinarum , humanarum , publicarum , privatarumque rerum esse censebit , ei agere facere jus potestasque sit , ita ut divo augusto , tiberio &c. fuit . ‖ apud jan. gruterum inscript . antiqu. p. . & inscript , de caesar. suetonio annexis ed. ox. sub vespas . nu . . * annal. l. . p. , . ed. gryphii . † in tiber. c. . ‖ dio l. . † c. . vid. &c. . * principem quem vos tanta ac tam libera potestate instruxistis , senatui servire debere . c. . * l. . † harm . of new test. ad an. ner. . christi . ‖ joseph . de bell. l. . c. . ‖ p. ii. * dec. . l. . † vid. paulum manut. de leg. ro. p. , . † apol. p. . c. . ‖ utique quos magistratum , potestatem , imperium , curationemve cujus rei petentes , senatui populoque ro. commendaverit , quibusque suffragationem suam dederit , promiserit , eorum commitiis quibusque extra ordinem ratio habeatur . inscript . tab lateran . † tum primum è campo comitia ad patres translata sunt . nam ad c●m diem , ets● potissima arbitrio principis , quaedam tamen studiis tribuum fiebant . tacit. an. l. . p. . ed. gryph . ‖ in calig . c. . ‖ lib. . † suet. in aug. c. . ‖ id. in tib. c. . † in calig . c. . ‖ digna vox est majestate regnantis , legibus alligatum se principem profiteri . cod. l. . tit. . de legibus , &c. l. . † nihil tam proprium imperii est , quam legibus vivere . cod. lib. . tit. . de testam . l. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . soc. hist. eccl. lib. . c. . † hoc imperium , cujus ministri estis , civilis , non tyrannica dominato est . apol . c. . ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. dio l. . p. , . † ut populo praesunt magistratus , ita magistratibus leges . cic. de legib. lib. . initio . ‖ ipsi legibus teneantur . id . orat. . quae est in verrem , l. . in fine . † judice , qui ex lege jurati judicatis , legibus obcemperare debetis . l. . de inventione . §. . so called juratorum hominum orat. . because jurare in legem judicaturi solebant , gothofred not. in loc . ‖ haec sunt fundamenta firmissima nostrae libertatis , sui quemque juris , & retinendi , & dimittendi , esse dominum . orat. . pro cornel. balbo . ‡ hoc nobis esse à majoribus traditum , hoc esse denique proprium liberae civitatis , ut nihil de capite civis , aut de bonis , sine judicio senatus , aut populi , aut eorum qui de quaque re constituti judices sint , de●rabi possit . id. orat. . pro domo sua ad pontif. * lib. . p. . † ibid. † dec. . l. . * sacrosanctum-sanctione poenae , cum caput ejus , qui contra facit , consecratur . cicero pro cornel. balbo orat. . † ibid. lib. . ‖ vid. macrob. sat. l. c. . p. , . ‡ ib. p. . † digest . lib. . tit . . l. . * utique quibus legibus , plebeive scitis scriptum fuit , ne divus augustus &c. ten●rentur ; iis legibus , plebisque scitis , imp. caes. vespasianus solutus sit : quaeque ex quaque lege , rogatione , divum augustum &c. facere oportuit , ea omnia imp. caes. vespasiano facere liceat . * princeps legibus solutus est . augusta autem , licet legibus soluta non est , principes tamen eadem illi privilegia tribu●nt , quae ipsi habent . lib. . dig. tit. . l. . † — experiar quid concedatur in illos quorum flaminia tegieux cinis atque latina . juv. sat. . ‖ ad aen. . * floriun sparsio adjus justin . p. . † ex imperfecto testamento nec imperatorem haereditatem vindicare posse saepe constitutum est . cod. lib. . t it . de testam . l. . ‖ instit. l. . tit. . * l. . tit. . & l. . tit. . † suet. in aug. c. . ‖ l. . p. . * facinus est vinciri civem rom●num ; scelus verberari ; quid dicam in crucem tollere ? cicero orat. . quae est in verrem l. . † ob quam causam , dii immortales ? tametsi injuriam facio communi causae , & juri civitatis . quasi enim posset esse ulla causa , cur hoc cuiquam civi romano jure accidat . ib. ‖ o! nomen dulce libertatis . o! jus eximium nostrae civitatis ! o! lex porcia , legesque semproniae , &c. ib. vid. & orat. pro c. rabirio . * nocens , nisi accusatus fuerit , condemnari non potest . orat. . pro sexto roscio . † de provid . l. . in fine . ‖ pro domo sua ad pontif. orat. . * de mort. persec . c. . . † digna vox est majestate regnantis legibus alligatum se principem profiteri . adeo de auctoritate juris nostra pendet auctoritas . cod. l. . tit. . de legibus &c. . ‖ si quando cum privatis disceptaret , forum & jus . tacit. an. l. . p. . ed. gryphii . * ex imperfecto testamento nec imperatorem haereditatem vindicare posse saepe constitutum est . l. . de testam . cod. l. b. . tit. . † de mort. persec . c. . ‖ in psal. . octon . . p. . vol. † discourse about the justice of the gent. undertaking at york . p. . ‖ cum accusati ut nocentes , à vobis aliter tractamur , quam pares nostri , id est , caeteri nocentes . tert. apol. c. . * tormenta non pro poena adhibentur , soli quaestioni temperantur . apol. c. . † ib. & ad nationes lib. . cap. . ‖ vestram illis servate legem , usque ad confessionem . hoc leges jubeni , hoc senatils consulta , hoc principum m●ndata definiunt . apol. c. . * in octav. p. . † ad nationes l. . c. . ‖ ista perversitas — quae vos adversus formam , adversus naturam judicandi , contra ipsas quoque leges ministret . apol. cap. . † ad nationes l. . c. . ‖ in octavio , p. . † apol. c. . ‖ quodcunque dicimur , cum alii dicuntur , & proprio ore , & mercenaria advocatione utuntur , ad innocentiae suae commendationem respondendi , altercandi facultas patet ; quando nec licet indefensos & inauditos omnino damnari . tert. apol. c. . † in octav. pag. . † si de aliquo nocente cognoscitis , non statim confesso eo , nomen homicidae , vel sacrilegi vel incesti , vel publici hostis ( ut de nostris elogiis loquar ) contenti sitis ad pronunciandum , nisi & consequentia exigatis , qualitatem facti , locum , modum , tempus , conscios , socios . apol. cap. . & 〈◊〉 nationes , l. . c. . &c. . ‖ sed christianis solis nihil permittitur loqui , quod causam purget , quod veritatem defendat , quod judicem non faciat injustum . apol. c. . † neque accusationi , neque recusationi , spacium commodetis . ad nation , l. . c. . ‖ hos nec audiendos in totum putabamus , p. . † apol. c. . & ad nation . l. . c. . . ‖ tertull● apol. c. . minut. fol. p. . † apol. c. . ‖ ib. † id. ad nation . l. . c. . ‖ apol. c. . † et ideo praeses provinciae id sequatur , quod convenit cum ex fide eorum , quae probabuntur . digest . lib. . tit . . l. . §. veritas . ‖ licentia rerum omni●an solutis legibus , assumpta , & judicibus data . de mort. persec . c. . † judices militares humanitatis literarum rudes , sine assessoribus in provincias immissi . causidici sublati , jureconsulti aut relegati , aut necati . ib. ‖ edictu● quo cavebatur , ut adversus cos omnes actio caleret ; ipsi non de injuria , non de adulterio , non de rebus ablatis agere possent . de mort. persec . c. . † . invect . p. . ‖ hist. eccl. l. . c. . † hist. eccl. l. . c. . † christianus non novit , de novo caesare optare . apol. c. ▪ † in pescen . nig. pag. . . part. hist. aug. script . vid. suet. in domit. c. . . ‖ in domitiano . † in his letter , ap . vulcatium in avid . cassio , pag. , , . . part. hist. aug. script . ‖ vid. vulcat . gallic . in avid . cass. p. . † vid. vopifc . in bonoso , p. . pt . . hist. aug. script & in probo ib p. . . ‖ lib. . † lib. . c. . hist. eccl. † unde cassii , & nigri , & albini ? unde qui inter duas laurus obsident caesarem ? de romanis ( nisi fallor ) id est de non christianis . apol. c. . — nunquam albiniani , nec nigriani , vel cassiani , inveniri potuerunt christiani : ad scap. c. . ‖ sed & qui nunc scelestarum partium socii aut plausores , quotidie revelantur , post vindimiam paricidarum racematio superstes . id apol. c. . † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . contra cellum , lib. . pag. . † quos laesos [ persecutionibus ] ultio divina defendit . inde est - enim , quod nemo nostrum , quando apprehenditur , reluctatur : nec se adversus injustam violentiam vestram , quamvis nimius & copiosus noster sit populus , ulciscitur . ad demet. p. . ed. oxon. ‖ neque tunc civitas christi , quamvis adhuc peregrinaretur in terris , & haberet tam magnorum agmina populorum , adversus impios persecutores , pro temporali salute pugnavit ; sed potius , ut obtineret aeternam non repugnavit . ligabantur , includebantur , caedebantur , torquebantur , urebantur , laniabantur , trucidabantur , & multiplicabantur . non erat eis pro salute pugnare , nisi salutem pro salvatore contemnere . aug. de civit. dei lib. . cap. . ‡ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . fragment . epist. jul. imp. operum p. . * hic primum ( prob dolor ) dira perciti regnandi libidine , christiani duces in christianum conspirant imperatorem , cum olim ne gregarius quidem miles ( teste tertulliano ) inveniri posset , qui adversiis imperatores , licet ethnicos , & christianorum quoque persecutores , à partibus aliquando steterit insurgentium tyranno●um . annal. baron . ad . an . . † de mor● . persec . c. . . . ‖ ib. c. . ‡ ib. c. . * ib. c. . † ib. c. . ‖ in ner. c. . * lact. ib. c. . † ib. ‖ ib. c. . * c. . † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . euf hist. l . c. . p. . ‖ ib. ap . euseb. ‡ hist. l. . c. . * s●et . ner. c. . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. . † v. . . ‖ c. . . . * king. xix . . † luk. ix . , , . ‖ king. xix . . & king. ix . , , , * chron. xxviii . , , . † chron. xxxiii . ‖ sam. xxii . . * c. iii. , . † jer. xxii . . ‖ ezek. xxii . . ‡ hos. vi . . * am. v. † mich. iii. , , . , , . ‖ zeph. iii. . ‖ see an inquiry into the meas . of submis . to the sup. au● . art. . † chron. xxiii . . ‖ rom. xiii . , . , . * numb . xxvi . , , , . and cap. xxxiv . . . . † ib. art. ● ‖ ib. art. . † vid. p ▪ , , , . ‖ p. , . , . † art. . * l. . c. . ‖ thoughts of a private person about the justice of the gentlemens undertaking at york . p. , . . * id. p. . . &c. † id. p. . . ‖ id. p. , . and inquiry into the measures of submission to supreme autority . art. . † pet. ii . , . † mr. johnson's remarks on doctor sherlock ' s case of resistance &c. p. , . * deut. xvii . , † nobis romulus ut libitum imperitaverat . tacit. ann. l. . p. . ‖ populus nullis legibus tenebatur : arbitria principum pro legibus erant . just. lib. . cap. . ‡ hoc priami gestamen erat , cum jura vocatis more dabat populis . aeneid . * proem : magn. chart. — gaudet regno trojanus acestes , indicitque forum , & patribus dat jura vocatis . aen. lib. . † c. . * julian ap. p. . thoughts of a priv. person about justice of gent. undertak . at york , p. . . . † julian the ap. p. , . . & others . ‖ thoughts of a priv. pers. &c. p. . * apol. c. . † ib. c. . ‖ ib. c. . ‡ ad scap. c. . * legat. pro christ. p. . † ap . eus. hist. eccl. l. . c. . ‖ ad autolyc . l. . p. . † lam. iv . . ‖ de civit dei , lib . c. . † part . ‖ part . † apol. c. . † confidimus majestati ejus , qui tam contemptum sui , quam servoram injurias , possit ulcissi . — cum tam nefanda perpetimur , deo permittimus ultionem . lact. l. . c. . ‖ laesos u tio divina defendit . inde est quod nemo nostrum reluctatur , etsi nimius & copiosus sit noster populus cyprian ad demet. p. . ed. ox. a vindication of the divines of the church of england who have sworn allegiance to k. william & q. mary, from the imputations of apostasy and perjury, which are cast upon them upon that account, in the now publish'd history of passive obedience / by one of those divines. fowler, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of the divines of the church of england who have sworn allegiance to k. william & q. mary, from the imputations of apostasy and perjury, which are cast upon them upon that account, in the now publish'd history of passive obedience / by one of those divines. fowler, edward, - . p. printed for brabazon aylmer ..., london : . reproduction of original in huntington library. a reply to abednigo seller's the history of passive obedience since the reformation. attributed to edward fowler. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng seller, abednego, ?- . -- history of passive obedience since the reformation. government, resistance to -- great britain. church and state -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the divines of the church of england , who have sworn allegiance to k. william & q. mary , from the imputations of apostasy and periury , which are cast upon them upon that account , in the now publish'd history of passive obedience . by one of those divines . it is impossible but that offences will come , but woe unto him through whom they come , &c. luke , . . licens'd august th . . i. fraser . london , printed for brabazon aylmer at the three pidgeons over against the royal exchange , cornhill , . a vindication of the divines of the church of england , &c. i should hardly have thought it much worth any ones while , to concern himself about the now publish'd book , intituled , the history of passive obedience , were it not to prevent atheistical and debauched persons making use of it , to the scandalizing of weak and inconsiderative people against religion ; and the more hardening themselves in their contempt thereof , by seeing so great a body of the ministers of this church , so exposed to the world for apostates and perjured wretches , as they are in this book . but it seems to me to be absolutely necessary , for this reason , to take , at least , the design of this book into consideration , which is all i intend to do . and the apparent design of it is , as i now intimated , to make the world believe , that the generality of the divines of the church of england are fallen under the guilt of most shameful apostasy , and consequently , of perjury too , in the oaths they have taken to king william , and queen mary . had this history come abroad some considerable time before the first of august , i confess i should not have pass'd such a censure upon it , but had been obliged to hope , that 't was piously and charitably intended to prevent our clergy's scandalizing their people , and violating their own consciences : but since it comes thus late , the exposing of those who have taken these oaths , 't is most evident , is at least the principal design of it . and how well such work as this does become christians , and protestants , and members of our church , who , to justifie their refusal of these oaths , and to commend themselves to the world as stanch-men , and steady to their principles , are content to sacrifice to their own reputation , the good-names of all but a very inconsiderable number of their brethren , i leave to their own consciences and serious thoughts ; if ever they are at leisure to think seriously , or are capable of making sedate reflexions . all those of the clergy that have taken these oaths , are as expresly as can be , without running the most apparent danger of the law , blackned with apostasy from the doctrine of the church of england subscribed by them ; and very many of the most eminent of them by name , with basely deserting that principle , which they have heretofore publisht to the world in print , and been zealous maintainers and avowers of , viz. that of passive-obedience , or non-resistance of the higher powers , upon any pretence whatsoever . but i can scarcely desire a more easy task , than to shew that these new oaths are no whit repugnant to the asserting of the most absolute passive-obedience ; and that those who have skrewed up this point to the very highest peg ( as i ever thought some have done it much too high , thro' their non-attendance to the constitution under which we live ) may lawfully take these oaths , without recanting any thing they have preached or printed upon this argument : and own william and mary , without fear of contradicting what they have held about this matter , as not only de facto , but de iure too , their king and queen : for , first , can a prince who is justly provoked by another prince , to whom he oweth no allegiance , gain a more unquestionable title to his crown than that of conquest , when reasonable satisfaction hath been first denied him ? and will the highest asserters of passive-obedience , affirm it to be due from those , who are under no obligation of allegiance ? now this was the case of the prince of orange : for , . he was no subject to king iames. . king iames had given him very just provocations . surely his making so great advances towards the setting up of popery in his kingdoms , and the bringing in of a foreign power consequently , and the overthrowing of the laws , and quite changing the government , must needs appear to all impartial persons to be just provocations , since he was so very nearly concerned in these actings , by reason of his princess's and his own right of succession , to the government of these kingdoms . but what more sensible provocations could the prince receive , than was king iames his giving him so great reason to believe , that 't was his design to deprive his princess of her title of next successor to the crown , and for ever to exclude the immediate line ? . the prince having demanded in his declaration , satisfaction from king iames , and promis'd to referr his cause intirely under god , to a free parliament ; and that he would make no worse use of his army in the mean time , than for his own necessary security , he would by no means yield to any thing of compliance ; but betook himself to the most vigorous opposition of him , he could possibly make . and when he found himself forsaken of the best part of his army , and that the prince grew much too strong to be encountered by him , instead of yielding to his demand of a parliament , he revoked that summons of one , which before the princes landing , he was perswaded to send forth ; and leaving those who had to the last adhered to him to shift for themselves , as well as they could ; away he fled , both a first , and a second time fled , flung away the seals , and leaving no representative behind him , left the nation without government : not to mention here his putting himself wholly into the hands of the greatest and most formidable enemy , his three kingdoms , and all protestant nations , have in the world. now , what was this but a plain conquest ? 't was such a conquest in all its circumstances , as hath ever been acknowledged to give an unquestionably just title as far as concerns the conquered prince . i give this limitation , because i am aware 't will be objected , that though king iames was conquered , the nation was not , they not liking his cause so well as to side with him ; but generally received the prince of orange , as a glorious instrument , which they hoped god almighty had raised up , to bring them deliverance from the evils they suffered , and the much greater they saw very near approaching them . and those that now refuse to swear allegiance to him , were observed to be as forward as others , in expressing their affection to him ; at least many of them . in answer hereto , it must be acknowledged that the nation was not conquered : but all that follows from hence , is , that the prince would not have acquired a right to the crown against the nations consent . he had a very justifiable plea against king iames , but not against his subjects , had he gone about to make himself their king , whether they would or no ; since , having had no contest with them , he could notbe said to have made a conquest of them . and , as he never claimed the crown by the right of conquest ( which he could not have done prudently , nor justly neither , in regard of the engagement he was under from his declaration , as well as because he had no occasion given him of conquering the nation ) so their consent he had , if an assembly of the three estates may be call'd the nation : and i need not say , that he had more than their bare consent too . and as to the collective body of the nation , if it be divided into fourty parts , i believe i shall be thought sufficiently modest should i say , that he had the consent of no fewer than thirty nine of them . and as king iames had no wrong done him , since he must altogether blame himself , for being disabled to hold his crown , and for ought that appears to us , for leaving the nation without government ; so the princess of orange being crowned with the prince , and she giving her consent to his being crowned with her , suffered no wrong neither ; and she lost nothing of the honour , and nothing but the trouble of a crowned head. nor did her royal sister receive any injury , or met with the least unrighteous dealing , since her being put one remove farther from the crown , was first consented to by her self , for his sake to whom ( under god ) she was obliged for her being in a capacity ( a moral capacity i mean ) of ever wearing it . now whether the lords spiritual and temporal , with the freely elected commons of england , did light upon the very best method , for the settling of the government , and satisfaction of all parties , as it is not material to enquire ; so i doubt 't is impossible for us that are in an inferiour station , to determin : but i dare affirm , that the much greater part of the nation , and of the members of the church of england too , do think they did , from the general great satisfaction that hath been in all places expressed therewith . but as for those who do not approve of this method as the most desirable , if they cannot make evident proof of its being unjust , i am sure their refusing to acqui●ss in it , would be a notorious contradiction to the doctrine of passive-obedience ; since 't was pitched upon by those whose business alone it was to adjust this affair ; and to whom also they intirely referred it , in their voting for persons to be their representatives in the convention , which was summoned for no other purpose . and nothing is more evident , than that 't is inconsistent with all government , for private persons not to rest satisfied with the decisions of those , whose office it is to judge in the disputable and difficult points that relate to it . if the compilers of this goodly history will object to us , that king iames his subjects , ought to have stood by him against the prince of orange ; and therefore since it was through their default that he was conquered by him , they ought not to fetch an argument from thence , for their owning the prince as their rightful king. i reply , first , why then did not themselves stand by king iames ? why did themselves so silently look on , and see him conquered ? why did they not at least mind their people of their duty , and on pain of damnation excite them to it ? suppose there were hazard in the case , ought that to discourage the ministers of jesus christ from the performance of a necessary duty ? nay , how came it to pass , that so many of their party , did seem no less than others , highly to approve of the prince's enterprize , and to wish him success ? if they will ingeniously acknowledge , that these were inexcusable faults in them , why don't they make their repentance as publick as these faults were ? and believe it , very hainous ones they are , if they are faults . secondly , do they think that our not siding with king iames , which hath brought upon us these new oaths , is a contradiction to our doctrine of passive-obedience ? i have ever thought , that this doctrine makes it a duty to suffer , not to act ; and should we think that we are bound to stand by our king in wrong doing , and an unrighteous cause ( as we must verily believe his was , since we believe the prince's was very righteous ) we must be asserters of as unlimited an active-obedience to our kings , as these gentlemen are of a passive : and when we do so , we will give them leave to call us apostates with a witness : apostates from christianity it self , as well as from that one doctrine of passive-obedience : and to accuse us of bidding adieu to our baptismal vow , as well as of breaking an oath of allegiance . of which more anon . secondly , another argument for our owning william and mary , as our rightful king and queen against king iames , shall be taken from the circumstances he is brought into ; or rather into which he hath cast himself : which circumstances are such as make it absolutely necessary to the preservation of our religion , liberty and property , to the saving us from utter ruine , and from a deluge of all manner of miseries , zealously to stand by the present settlement . we know upon whom king iames hath cast himself , and in whose power he hath been , ever since he left this kingdom . we know that all the hopes he can now comfort himself with , of re-gaining his kingdoms , if by this time he despair not of it , are from the assistance of the most iesuited prince in the world but one , and the most barbarously cruel tyrant , and who hath not his match for horrible perfidiousness , that we know of , under the cope of heaven . we know that , if by his help he should at last have success , the protestants of the kingdom of france , as fearfully deplorable a state as he hath brought them into , cannot be more miserable , than will be these three protestant kingdoms . nay , we know too , that then this monster must be our king , and that king iames can scarce reasonably hope for so great an honour , as to be his vice-roy . these things i say , that humanly speaking , we know there is no avoiding ; and that without miracles from heaven , no means can save us from being the greatest objects of compassion , in all the world. and what shall we call those , who having so scaring a prospect of things before their eyes , shall refuse the only humane means for their preservation , in hope of miracles ? which only means no man can be so blind as not to see , is faithfully adhering to king william and queen mary . i need not add , that we know too , by sad experience , the strange wilfulness ▪ of king iames his temper , and that the iesuits have gotten him so perfectly under their own power , as to be the sole masters of his judgment and conscience ; that he hath been all along acted by such an implicite faith in their counsels , that his continual experience of the foolishness of them , could never make the least abatement of his confidence in them . and therefore , what wise man can hope , from the greatest security he can possibly give us , that our condition may be so much as tollerable under him , should he return to sway the scepter in these kingdoms , though the king of france had no hand in it ? those that so insist still on the perpetuity of the obligation of their oath to king iames , are inconsiderative to amazement , of the prior ▪ obliligation they are under , to their ▪ religion , and to the community of which they are members : which no after obligation can by any ▪ means cancel . and 't is the absurdest thing imaginable to suppose , that that for the sake of which principally , we are obliged to swear allegiance to our kings , viz. the safety and wellfare of the community over which they are placed , ought upon the account of this oath to be dis-regarded . as it is not a less profane thing , to think our selves bound to give them assistance , in such a cause , as their success wherein 't is morally impossible should not end in the utter ruine of our religion . those that propogate the contrary doctrine , i will not stick to say , make idols of their kings ; and they are the people to whom the world is chiefly beholden for arbitrary and tyrannical ones . and for my part , i must needs profess , that i could not with a safe conscience swear allegiance to the best king that ever held a scepter , while i thought my self obliged by that oath , to preferr his personal interest before his political , before the apparent interest of religion , or of the community . i can be sure of nothing , if i am out in this notion , that no oath can bind any longer , than the obligation thereof is consistent and reconcilable with the salus populi ; the well fare ( the spiritual and temporal well-fare ) of the people ; which is the sole end of all government . by salus populi i cannot be thought to mean the well-fare of any party ; i mean the well-fare of the whole , or of the generality of the community . and every private subject , who is capable of making a true judgment in any case , is easily able to make a judgment , when the safety of the community is in eminent danger . and though i know that maxim ▪ salus populi est suprema lex : the well-fare of the people , is the highest law ; may be liable to be abused to most villanous purposes , and likewise that it hath been very greatly abused in our own nation , yet 't is therefore never the less true ; but as evident a principle as any in nature . nor is it capable of being abused to worse purposes , than hath been the gospel of the grace of god , or the apostles doctrine of christian liberty . those that will mis-understand and abuse this maxim of government , shall dearly pay for it either in this world , or in that to come ▪ if not in both ; but wise men will not sooner part with it , because it may , or hath been the occasion of great mischiefs , than our good protestants will throw away their english bibles , in regard of the mischief which the papists tell them hath been done by them . and i could adventure to appeal to any unbyassed person , that competently understands the nature of government , in general , whether this great and unrepealable law alone , would not , in our present circumstances , devest king iames of his title to the governing of these kingdoms ; would not perfectly dissolve our obligation to him , and transfer the right to those who now reign over us . and methinks , though providence alone , be a very fallible topick to argue from , yet the very many amazing providences , by which these princes have been brought to the throne , and have carryed them through many extreme difficulties here , and are now a displaying in scotland , but especially in ireland , should add strength enough to other arguments to convince our greatest unbelievers of their right to be our sovereigns ; and that they have the broad seal of heaven for it . and i wish , that those , on whom such astonishing appearances of the hand of god can have no influence , would consider those words of the prophet isaiah , ch. . . lord when thine hand is lifted up , they will not see ; but they shall see and be ashamed , &c. and thus have i kept to my resolution when i first set pen to paper , to write no more lines than needs must , upon this argument . and the little that hath been said , as i am verily perswaded , is a sufficient vindication , even of their taking the new oaths , whom i cannot vindicate from having gone too far in their doctrine of passive obedience . nor shall i have the least controversy with these my brethren , though they should never change their minds about that point ; since having transferred their allegiance , they must needs also transfer their passive obedience to those , of whom we are mighty secure , they 'll make no such advantage of their making it so absolute , as king iames was preparing himself to do . finis . the rebells catechism composed in an easy and familiar way to let them see the heinousness of their offence, the weakness of their strongest subterfuges, and to recal them to their duties both to god and man. heylyn, peter, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the rebells catechism composed in an easy and familiar way to let them see the heinousness of their offence, the weakness of their strongest subterfuges, and to recal them to their duties both to god and man. heylyn, peter, - . [ ], p. s.n.], [oxford? : printed . reproduction of original in the bodleian library. eng government, resistance to. great britain -- history -- charles i, - . great britain -- history -- civil war, - . a r (wing h a). civilwar no the rebells catechism. composed in an easy and familiar way; to let them see, the heinousness of their offence, the weakness of their strong heylyn, peter d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jennifer kietzman sampled and proofread - jennifer kietzman text and markup reviewed and edited - pfs batch review (qc) and xml conversion the rebells catechism . composed in an easy and familiar way ; to let them see , the heinousness of their offence , the weakness of their strongest subterfuges ; and to recal them to their duties both to god and man . rom. . . whosoever resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation . printed , . to the christian reader . reader , thou must not look for all things new , in a point so agitated , so throughly discussed and canvassed as this hath been . 't is well if they who come behind both in time , and knowledg , add any thing though it be but little , unto those before them . all i shall promise thee in this short discourse , is that i have contracted into a narrow compass , what i found scattered and diffused in many & those larger tractates : which i have offered to thy view in a more easie and familiar way than hath been formerly presented . and some thing thou shalt meet with here , which thou half not found in any other discourses of this argument , besides the fashion and the dress . these are the most prevailing motives i can lay before thee , to tempt thee to the studying of this catechism : which if it shall confirm thee in thy duty unto god and the king , or reclaim thee from thy disaffections unto either of them , it is all i aim at . and so fare thee well . january . . the rebel's catechism : composed in an easie and familiar way ; to let them see , the heinousness of their offence , the weakness of their strongest subterfuges ; and to recall them to their duties both to god and men . . question . who was the first author of rebellion a. the first author of rebellion ; a the root of all vices , and the mother of all mischief , ( saith the book of homilies ) was lucifer , first gods most excellent creature , and most bounden subject , who by rebelling against the majesty of god , of the brightest and most glorious angel , became the blackest and most foulest fiend and devil , and from the height to heaven , is fallen into the pit and bottom of hell . . q. how many sorts of rebellion are there ? a. three most especially , that is to say , the rebellion of the heart , the rebellion of the tongue , and the rebellion of the hand . . quest . what is the rebellion of the heart ? ans. the rebellion of the heart , is a rancorous swelling of the heart against the authority and commands of the supreme power under which we live : which tho it be so cunningly suppressed and smothered , that it break not out either into words or deeds , yet makes a man guilty of damnation in the sight of god . and this is that of which the wiseman tells us saying , curse not the king , no not in thy thought , for a bird of the air shall carry the voice , and that which hath wings shall tell the matter . eccles. . v. . . quest . what is the rebellion of the tongue ? ans. the rebellion of the tongue , is a malicious defaming of the person , actions , parts , and government of those sovereign princes to which the lord hath made us subject , of purpose to disgrace them amongst their people , to render them odious and contemptible , and consequently to excite their subjects to rise up against them . of this it is whereof the lord god commanded saying , thou shalt not speak evil of the ruler of thy people ; exod. . . acknowledged for a divine precept by st. paul , acts . . see to this purpose also that of solomon , prov. . v. . where it is said , it is not fit to say unto a king thou art wicked ; and if it be not fit to speak evil to him , assuredly it is as unfit to speak evil of him . and finally of this it is that b aristotle the philosopher tells us saying , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he that speaks evil of the magistrate offends against the common-wealth . but i must let you know withal , that tho this of the tongue be a distinct species of rebellion , and so judged in law : yet many times this and the other of the heart , are but the ground and preparations to the rebellion of the hand , or actual rebellion , as they call it commonly . and this appears most plainly in the story of absalon , whose heart first swelled against his father , for being so difficult in restoring him to his court and presence , upon the murder which he had committed on his brother amnon , ( . sam. . v. , . ) and his tongue found the way to disgrace his government , which he accused of negligence and injustice , to the common-people ( sam. . v. , &c. ) before he blew the trumpet , and took arms against him , and made him flee with some few servants , from the royal city , v. . but here we take it not for a preparation , but for a species distinct , as before was said . . quest . why do you call the swellings of the heart , and the revilings of the tongue by the name of rebellion , considering that the law which punisheth rebellion with no less than death , doth take no cognizance of mens thoughts ; and that when c gervase shelvey of sandwich said lately to a gentleman of that town that if the king came thither he would shoot the rogue , for which he was imprisoned by the major now being , it was resolved by the high court of parliament , that these words were but a misdemeanour ; and so he was released again . ans. the house of commons , which you call the high court of parliament , did not so much deliver their judgment in the case aforesaid , as betray their disaffection in it to his majesty , whose person they endeavour to destroy that they may keep his power still amongst themselves . or if they did , it was a very false and erroneous judgment , directly contrary unto the resolution of my lords the judges , and other sages of the law in all former ages , d by whom it is affirmed expresly , that if any man e do compass or imagin the death of our lord the king ( as all rebels do ) and doth declare the same imagination by any overt fact , either deed or word , he shall suffer judgement as a traitor , licet is id quod in voluntate habuit , ad effectum non perduxerit , as f bracton hath it , altho it do not take effect , and go no farther than the thought or purpose of the first contriver . upon which ground it was , no question , that shimei suffered death by the hands of solomon . for altho david spared him upon submission , because he would not intermix the joy of his return unto hierusalem with any sad and mournful accident ( as that must needs have been unto shimei's friends ) sam. . . yet he gave order to his son to bring his hoary head down to the grave with blood , because he had cursed him with a grievous curse in the day when he went to mahanaim , kings . . which was accordingly performed by solomon , v. . . quest . but shimei's case can be no precedent to us , who are not governed by the iudicial law of moses , but by the common law of england , and the ruled cases in that law ▪ and therefore tell me , if you can , whether our own books of afford you any of the like examples . answ. our own books do afford us many : as viz. in the case of walker a citizen g of london , and that of mr. burdet g an esquire of warwickshire , both executed in the time of king edward th ▪ for words which might be construed to a treasonable and rebellious sense , tho perhaps no ill meaning was intended ; that of the windsors h butcher in the reign of king henry th ▪ for saying that rather than sell his meat at so mean a rate , he would send it to the rebels in the north ; and finally of one oldnoll , one of the yeomen of the guard in queen maries time , i who had judgment of death for certain traiterous and seditious words spoken against her majesty , altho no insurrection or rebellion did ensue upon them . for the particulars , i must refer you to our law books and the common chronicles . . quest . proceed we now unto your third and last sort of rebellion , and tell me what you mean by the rebellion of the hand , and how many sorts there are of it . answ. the rebellion of the hand is of two sorts , whereof the first is the composing & dispersing of false & scandalous books and pamphlets , tending to the dishonour of the king , his subordinate officers , & form of government , of purpose to alienate the affections of his subjects from him , and make them the more apt to rebel against him . and this is punishable with death also by the law of england , as may appear by the examples of k bugnall , scot , heath , and kennington , being sanctuary men , in s. martins legrand london , who had judgment to be hanged , drawn , & quartered in the time of k. hen. th ▪ for setting up seditious bills to the scandal of the king and some of his council : of penry , udall , barrow , greenwood , studley , billott , and bowdler , l zealous puritans all , all of which were condemned and three of them hanged in q. elizabeths time , for writing treasonable & seditious books , by wch the peace of the kingdom might have been disturbed , tho no rebellion followed on them : of copping and thacker , m who were hanged at s. edmunds bury in the said queens time , for publishing the pamphlets writ by rob. browne against the book of common-prayer ; which compton thus reports in his lawyers french , n deux executez pour poublier les livres de robert browne , encontre le livre de common praut . and finally witness the example of mr. williams o a barrister of the middle temple , who was executed in king iames his reign for writing a defamatory book , against the said king and his posterity . . quest . what is the other sort of that rebellion , which you call the rebellion , of the hand . answ. the other sort of the rebellion of the hand , is that which commonly is called actual rebellion , and is defined by the statute of the of king edward . p to be a levying of war against our sovereign lord the king in his realm , or an adhering to the kings enemies in his realm , giving to them aid and comfort in the realm or elsewhere . and so it is determined also in the civil laws , by which all those , q qui arripiunt arma contra eum cujus jurisdictioni subditi sunt , who take up arms against such persons to whose authority they are subject , are declared to be rebels . where note , that not the open act only , but the attempt & machination is brought within the compass of rebellion . rebellio ipse actus rebellandi est , qui non solùm facto sed machinatione committitur , as those lawyers tell us . r and it is worth our observation that not only the bearing arms against the king is declared to be rebellion by the law of england , but that it was declared to be rebellion by the chief judges of this kingdom s at the arraignment of the earl of essex ( the father of him who now is in the head of this rebellion ) for any man to seek to make himself so strong , that the king should not be able to resist him , altho he broke not out into open act . . quest . what is the end that rebels do propose unto themselves , when they put themselves into rebellion ? ans. the deposition & destruction of the king in possession , & an alteration of the present government . and so it was determined by the joint consent of all the judges t at the arraignment of the earl of essex above mentioned , by whom it was resolved for law , that in every rebellion there was a plot upon the life and deposition of the prince ; it being not to be conceived that the rebels would suffer him to live or reign● who might have opportunity in the change of things , to punish them for their rebellions , and avenge himself upon them for their treasons . and this they did confirm by the civil laws , and further justifie and confirm by the strength of reason , with which it seemed inconsistent , ut qui semel regi jus dixerit , that he who had once over-ruled his king by force of arms , should either suffer him to live , or recover the possession of his realm again . all which they made good by the sad examples of king edward the second , and king richard the second , who did not long enjoy either life or crown , after they came into the hands of those who rebelled against them . . qu. but those examples which you speak of , were in times of popery ; have you the like to shew since the reformation ? answ. i would to god we had none such , but we have too many . for not to look into our neighbouring realm of scotland , and the proceedings of some there ( who called themselves protestants ) against their queen ; the rebellion plotted by the earl of essex in queen elizabeths time , ( though there was nothing less pretended ) was to have ended in the death of the queen , and the alteration of the government . for as was afterwards confessed by some of his accomplices , the secret part of the design , was to have seized upon the queen , and secured his adversaries in the court ; whom when he had condemned and executed , u parliamento indicto reipub ▪ formam immutare statuit , he then resolved to call a parliament , and settle a new form of government . which how it could be done , and the queen alive , i believe you know not . and so much was acknowledged by the earl himself , after the sentence of death was passed upon him , when he affirmed to certain of her majesties council , reginam sospitem esse non posse si ipse supersit , x that whilst he lived it was not possible for the queen to continue in safety . thus have you seen the main design of that rebellion ( as of all others whatsoever ) what his pretences were which he cast abroad , the better to seduce the people , i shall not stick to tell you if you put me to it . . quest . i shall not trouble you with that at this present time . but being you say , that levying of war against the king is properly and truly to be called rebellion , i would fain ask , whether you mean it only in such cases where the subjects take up arms out of pride and wantonness ; or in such also when they are necessitated and inforced unto it in their own defence ? answ. i mean it equally in both cases , tho of the two , the former be more odious in the sight both of god and man . for even defensive arms , as your party calls them , are absolutely unlawful in the subject against his sovereign : in regard that no defensive war can be undertaken , but it carrieth a resistance in it y to those higher powers , to which every soul is to be subject . which powers being obtained by almighty god , it followeth by the apostle's logick ( who was a very able disputant ) that they who do resist the powers , resist the ordinance of god , z and consequently shall receive to themselves demnation . a rule which took such deep impression in the primitive christians , that though for personal valour , numbers of men , and leaders able to conduct them , they were superiour to the adverse party in the roman empire ; yet they chose rather to expose their lives unto the merciless fury of the persecutors , than take up arms against their princes , or disturb the peace of their dominions , under pretence of standing in their own defence , being so tyrannically and unjustly handled . for proof whereof , we may alledg tertullian , a cyprian , b lactantius , c and some other d antients , whose words we will produce at large , if you think it necessary . . quest . you need not put your self to that trouble . for we deny not that the antient christians did rather choose to suffer , than to take up arms ; e but when we say , that tho they were exceeding numerous , yet they were not formed into states and kingdoms , and that when they were once estated in laws and liberties , as in france , holland , scotland , germany , they made no question then to defend themselves . what can you answer unto that ? answ. i trow the roman empire was a setled state , as strongly cemented with all the ligaments of power and policy , as any one of these you mention ; and that the subjects of that empire had their laws and liberties , which as their ancestors had received from the indulgence of their emperors , and the roman senate , so they transmitted them to their posterity . and yet when all the empire had received the faith in the time of constantine , and that no religion but the christian had publick countenance from the laws , during the most part of his reign , and the whole reign of his three sons ( which was for fifty five years , no fewer , ) the subjects kept themselves to their former principles . insomuch that when the emperour iulian began to intrench upon their liberties , and infringe those laws , which had been granted them by the grace and goodness of those princes ; they knew no other way , nor weapons , by which to make resistance to such lawless violence , but their prayers and tears . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , f and this was all the medicine which they had to cure that malady , as we find in nazianzen . the like i could produce from st. ambrose also , g were not this sufficient . and for your instances of france , holland , scotland , germany , which you have mustered up to make good your cause ; i am sorry for the protestant religions sake , that you have furnished me with so many examples of rebellions since the reformation ; some of which ended in the death , and others in the deposition of their natural princes . which was a point you seemed to doubt of in your tenth question . . quest . but tell me seriously , do you conceive that all resistance of this kind made by force of arms , may be called rebellion ; and that there are no cases which may make it lawful , and warrantable by the laws of god or man ? answ. your question hath two several parts , and must receive two several answers . and to the first i answer seriously ( it being now no time to trifle ) that all resistance of the kind you speak of , nor only may be called rebellion , but is rebellion in the true and natural sense of the word . for if ( as the civilians say ) rebellis dicitur inobediens principi circa concernentia prosperitatem imperii , h that every one may be said to be a rebel , who yieldeth not obedience to his prince in all such particulars , as do concern the flourishing estate of his dominions ▪ assuredly he is a rebel in the highest degree , who takes up arms against his sovereign ( whatever his pretences be ) and by so doing doth embroil his kingdoms in all these miseries , which most inseparably are annexed to a civil war . now frame the second part of the present quere , into a distinct question of it self , and i will give such answer to it , as i hope shall satisfie . . quest . my question is , whether the condition of the persons which are ingaged in such resistance , the grounds on which they go , and the end they aim at , make not an alteration in the case : so that resistance qualified by these several circumstances , become not warrantable by the laws both of god and man ? answ. the answer unto this is already made in the book of homilies ; where it is said , that " though not only great multitude of the rude and rascal commons , but sometimes also mention of great wit , nobility , and authority , have moved rebellion against their lawful princes ; though they should pretend sundry causes , as the redress of the commonwealth , or reformation of religion , tho they have made a great shew of holy meaning by beginning their rebellion with a counterfeit service of god , and by displaying and bearing about divers ensigns and banners , which are acceptable unto the rude ignorant common , people , ( great multitudes of whom by such false pretences and shews they do deceive and draw unto them ) yet were the multitudes of the rebels never so huge and great , the captains never so noble , politick and witty , the pretences feigned to be never so good and holy , yet the speedly overthrow of all rebels , of what number , state or condition soever they were , or what colour or cause soever they pretended , is , and ever hath been such , that god doth thereby shew that he alloweth neither the dignity of any person , nor the multitude of any people , nor the weight of any cause , as sufficient for which the subjects may move rebellion against their princes . " so far the very words of the book of homilies . . quest . why do you tell us thus of the book of homilies , composed by a company of ignorant bookmen , men utterly unskilful in the laws of the land . think you that we ascribe to them so much authority , as to be over-ruled by them in this case ? answ. it may be not . but i must tell you that there was a statute made in the thirteenth year of queen elizabeth , k entituled , an act for reformation of disorders in the ministers in the church , &c. in which it was enacted amongst other things , that all who were to be admitted unto holy orders , or instituted into any ecclesiastical preferment should first subscribe unto the articles of religion agreed upon in convocation , anno ● . one of which articles recites the names and titles of each several homily , and approves their doctrine . so that although the homilies were at first composed by men unskilful in the laws , as you please to say , yet they received both strength and approbation from the skilfullest lawyers of those times , convened with the nobility and gentry in the court of parliament , and consequently have as much authority as the parliament could add unto them . but since you are not pleased with this general answer , give me your doubts and queres in particular , and see what i can say unto them . . quest . first then , i ask , whether if the king become a tyrant , it be not lawful in that case to bear arms against him ? answ. yes , if g. buchanan may be judg , l who tells us plainly , that he would have rewards proposed to such as should kill a tyrant , as formerly there were for those who destroyed wolves . but if s. paul may rule the case we shall find it otherwise . for if we ask to whom it was that the apostle did command subjection to be given even by every soul , to whom it was that he forbad resistance to be made upon pain of damnation ; m we shall find it was no other than the emperour n nero , the greatest tyrant , the bloudiest and most terrible prince , the greatest monster of mankind , that ever yet was born of woman . yet st. paul writing to the romans , over whom he did so cruelly tyrannize , commanded every soul to be subject to him , not for wrath only but for conscience sake , and that upon the pain and peril of damnation , no man should be so bold as to resist his power , or rebel against him . and doubtless nebuchadnezzar was a mighty tyrant , one who had taken from the iews , their , laws , their liberty , their religion , o and whatsoever else was most dear unto them . yet were the iews commanded to submit unto him , and patiently to bear the yoak which was laid upon them ; and not to hearken to their prophets , not to their diviners , nor unto their dreamers ( mark it , for this is just your case ) which speak unto you , saying , ye shall not serve the king of babylon , for they prophesie a lye unto you that ye should perish , jerem. . v. . finally , to oppose the saying of an heathen man , unto that wicked speech of him who did pretend so much unto reformation , we find it thus resolved in plutarch , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , p that it was contrary both to positive laws , and the law of nature , for any subject to lift up his hand against the person of his sovereign . . quest . is it not lawful to bear arms against sovereign princes , for the preservation of religion ? answ. yes , for those men who place religion in rebellion , and whose faith is faction ; but for no men else . the iews might well have pleaded this against nebuchadnezzar when he destroyed their temple , and forbad their sacrifices ; and the christians in tertullian's time ( when they were at the strongest ) against the emperour severus , who did not only labour to suppress religion , but utterly to root out the professours of it ; and yet the contrary doctrine was then preached and practised , as before was shewed you . what weapons the poor christians did make use of in the time of iulian the apostate , in his endeavours to subvert the gospel , and establish paganism again in the place thereof , we told you lately out of nazianzen : and shall now add , that the christian party was then so strong and powerful in the roman armies , that when iovinian was elected emperour on the death of iulian , the soldiers with one voice cried out , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , q that they were all christians . so that it was not consciousness of their own weakness , nor the fear of wrath ; but conscience of their duty , and the fear of god , which made them patiently submit to the present storm . thus when the younger valentinian endeavoured to supplant the true religion , and to set up arianism , to which he strongly was addicted , the tyrant maximus made offer to s. ambrose of his arms and forces , the better to inable him to resist the arians , and to preserve the true religion : r but the good father absolutely refused the offer . and though he was so well beloved and honoured by the people generally , that he could easily have armed them against the emperor , & crushed the arian faction in the court , by whom his councils were directed ; yet he betook himself to no other weapons than his prayers and tears , the ancient weapons of the christians . coactus repugnare non novi , dolere potero , potero flere , potero gemere ; aliter nec debeo nee possum resistere ; s other resistance knew he none , tho prest and opprest too , then his tears and prayers . . quest . what if he violate our laws , and infringe our liberties , may we not then bear arms against him ? answ. somewhat in answer unto this you received before , in the command imposed upon the iews by the prophet ieremy , not to rebel or take up arms ( which come both to one ) against nebuchadnezzar king of babylon , t although he did so tyrannize and lord it over them , that neither their old laws nor liberties were a jot regarded . but that which i shall tell you now , it s. pauls case in the . of the acts . being brought to plead his own cause , and the gospels too , before the council of hierusalem , in the first entrance of his plea , the high priest ananias commanded them that stood by to smite him on the mouth ; u and sitting there to judge him after the law , commanded him to be smitten contrary to the law . s. paul , upon the apprehension of so great an injury , so plainly contrary unto the laws , and liberties of the iewish subject , calls him whited wall , and threatneth him with vengeance from almighty god . x but finding that it was the high-priest whom he had reviled ( who had sometimes the supream government of the iewish state ) he cried peccavi out of hand , imputed his offence to ignorance , y i wist not , brethren , that he was the high priest ; and finally condemned himself with a scriptum est , saying , z it is written , thou shalt not speak evil of the ruler of thy people , if so , in case we may not speak evil of our rulers , when they smite us contrary to the laws , the subjects liberty , which is the rebellion of the tongue ; assuredly we may not take up arms against them under those pretences , which is the rebellion of the hand . . quest . what if the king be in the hands of evil counsellors , may we not take up arms to remove them from him ? answ. yes , if the earl of essex may be judg , whose father fell into rebellion under that pretence , a ut regnum ab impotenti quorundam dominatu liberaret , as to free the kingdom from some men who had got the queen into their hands , and consequently ingrossed unto themselves the principal managery of the commonwealth . but he had other aims than that , as before was told you ; and so had they that went before him in the self same road . when as watt tiler , and jack straw , and the residue of that rascal rabble had took up arms against king richard the second , they made the londoners believe ( who have been always apt to be deluded by the like pretences ) that when they had seized on the evil counsellors , b which abused the king , and brought them to a legal trial , then they would be quiet . but under this pretence they broke open prisons , robbed churches , murdered the king's good subjects , and finally arrived to so high an impudence , that watt tiler did not stick to say , that within four days all the laws of england should proceed from his mouth . c and when jack cade had drawn the kentish to rebel against king henry the sixth , he gave it out , that if he could get the king and queen into his hands , he would use them honourably ; d but if he could lay hands on any of the traytors which were about them , he would take care to see them punished for their misdemeanours . but in good truth the end and aim of the rebellion , was to depose king henry and the house of lancaster , in favour of the title of the duke of york . . quest . what if the king assaults a subject , or seek to take away his life ; may not the subject in that case take up arms against him ? answ. yes , if e paraeus may be judg , and some of the genevian doctors who have so determined . but david's case , which commonly is alledged in defence hereof , if looked on with the eyes of judgment , doth affirm the contrary . for david , though he had a guard of some friends and followers to save him from the hands of such wicked instruments , as saul in his unjust displeasure might have used against him : yet he preserved himself from saul not by resistance , but by flight , f by flitting up and down as the king removed , and approached near him with his armies . for had he had a thought of war , though defensive meerly , 't is probable he would have took the opportunities which were offered to him , either of seizing on sauls person when he had him all alone in the cave of engeddi , g or suffering abishai to smite him as he lay asleep in the hill of hachilah , h or at the least in making sure of abner and the host of saul , who lay sleeping by him . i but david was not so well tutored in the art of rebellion , as to secure himself this way , and wanted some of our new masters to instruct him in it . if from the practice of a pious and religious iew , we will look down upon the precept of a grave , wise , and learned gentile , we shall find this rule laid down in aristotle , k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that if the magistrate assault the person of a private subject , the subject may not strike again , nor lift hand against him . finally , that you may perceive how much all sorts of men do oppose your doctrines , calvin himself , although no friend to monarchy , doth affirm thus much , l qui privatus manum intulerit , &c. that any private person of what sort soever , who shall lift up his hand against his sovereign ( though a very tyrant ) is for the same condemned by the voice of god . . quest . perhaps we may so far agree with you , as to disable private persons from bearing arms , and lifting up their hands against kings , and princes of their own authority : but think you that inferiour magistrates are not inabled by their offices to protect the people , and arm them if occasion be , in their own defence ? answ. 't is true that some divines of the reformed churches , who either lived in popular states , or had their breeding at geneva , or thought the discipline by them defended could not be otherwise obtruded upon christian princes , than by putting the sword into the hands of the people , have spared no pains to spread abroad this dangerous doctrine ; in which they have not wanted followers in most parts of christendom . but s. paul knew of no such matter when he commanded every soul to yield obedience and subjection to the higher powers , and upon no occasion to resist those powers to which the lord had made them subject . so that although inferiour magistrates may expect obedience from the hands of those , over whom and for whose weal and governance they are advanced and placed by the prince in chief ; yet god expects that they should yield obedience to the powers above them , especially to the highest of all , than which there is not any higher . there is a golden chain in polities , and every link thereof hath some relation and dependence upon that before ; so far forth as inferiour magistrates do command the people , according to that power and those instruments which is communicated to them by the supreme prince , the subject is obliged to submit unto them , without any manner of resistance . men of no publick office must obey the constable , the constable is bound to speed such warrants as the next iustice of the peace shall direct unto him ; the iustices receive the exposition of the law from the mouth of the iudges ; the iudges have no more authority but what is given them by the king : and thereupon it needs must follow , that though the iudges direct the iustices , and the iustices command the constables , and the constables may call the people to their aid , if occasion be ; yet all must yield a free obedience , without reluctancy or resistance to the king himself . the reason is , because as kings or supreme magistrates are called gods ministers by s. paul , m so the inferiour or subordinate magistrates are called the kings ministers by s. peter , n submit your selves to the king , as unto the supreme ; next to such governours as are sent ( or authorized ) by him for the punishment of evil doers . besides , there is no inferior matistrate of what sort soever , but as he is a publick person , in respect of those that are beneath him , so is he but a private man in reference to the powers above him ; and therefore as a private person disabled utterly ( by your own rules ) from having any more authority to resist his sovereign , or bear defensive arms against him as well as any other of the common people . the government of states may be compared most properly unto porphyries tree , in which there is one genus summum , and many genera subalterna . now 't is well known to every young logician who hath learnt his predicabiles , that genus subalternum is a species only as it looks up to those above it ; a genus in relation unto these below it . if you have so much logick in you as to make application of this note to the present case , you will perceive inferiour magistrates to be no magistrates at all , as they relate unto the king , the genus summum in the scale of govenment , and therefore of no more authority to resist the king , or call the people unto arms , than the meanest subject . . quest . if so , then were the christian subject of all men most miserable , o in being utterly deprived of all ways and means , by which to free his country from oppression , and himself from tyranny . and therefore tell me if you can , what would you have the subject do in these extremities , in which you have deprived him of all means to relieve himself ? answ. that which the lord himself prescribed , and the saints have practised . when first the lord acquainted those of the house of israel , how heavy a yoke their violence and importunity in asking for a king , had pulled upon them ; he told them of no other remedy for so much affliction , but that they should cry out in that day , because of the king whom they had chosen . p no casting off the yoke when we find it grievous , nor any way to make it lighter and more pleasing to us , than either by addressing our complaints to the lord our god , or tendring our petitions to our lord the king . kings are accomptable to none but god , if they abuse the power which he gives unto them : nor can we sue them for a trespass in any other court , than the court of heaven . therefore when david had defiled the wife , and destroyed the husband , he thought himself responsal for it unto none but god , against whom only he had sinned , q as he saith himself . and thereupon s. ambrose gives this gloss on those words of david , homini ergo non peccavit cui non tenebatur obnoxius . r david , saith he , confesseth no offence to man , by whom he could not be impleaded ; but only unto god who had power to judg him . st. gregory of tours understood this rightly , when he did thus address himself to a king of france , si quis de nobis , &c. s " if any of us ( o king ) do transgress the laws , thou hast power to punish him ; but it thou goest beyond thy limits , who can punish thee ? we tell thee of thy faults as occasion serves , and when thou listest to give ear , thou dost hearken to us : which if thou shouldest refuse to do , who shall judg thee for it , but he that calls himself by the name of justice . " and that you may be sure , that it is no otherwise in england than in france and iewry , bracton , a great and famous lawyer of this kingdom , doth affirm expresly , that if the king proceed not in his government according unto law and right , there is no legal remedy to be had against him . what then is to be done by the injured subject ? locus erit supplicationi quod factum suum corrigat & emendet ; quod si non fecerit , satis ei sufficit ad poenam , quòd dominum expec●et ultorem . t all that he hath to do ( saith he ) is , that the doth petition him for relief and remedy ; which if the king refuse to consent unto , it will be punishment enough unto him , that he must look for vengeance from the hands of god . which said , he given this reason for it , because that no man is to call the kings acts in question , multò fortiùs contra factu● suum venire , must less , to go about to annul and avoid them by force and violence . . quest . we grant it to be true which you cite from bracton , as it relates to private and particular men ; but think you that it doth concern or oblige the parliament , which is the representative body of the kingdom ? answ. hoc sumus congregati quod & dispersi , u as tertullian tells us of the christians in another case . we shewed before that subjects were in no case to resist their sovereigns , in the way of arms , either as private persons on inferiour magistrates . and thereupon we may conclude , that the people of this realm in the diffusive body of it , having no power of levying war or raising forces to resist the king , without being punishable for the same , as in case of treason ; cannot enable the two houses of parliament , which are the representative body of it , to do those acts , which they want power to do themselves ; for no man can confer a power upon any other which is not first vested in himself , according to that good old rule , nemo dat quod non habet , and therefore if it be rebellion in the english subject out of times of parliament , to levy war against the king in his realm , or to adhere unto his enemies , and be aiding to them : i know not how it can excuse the members of the two houses of parliament from coming within the compass of that condemnation , if they commit such acts in time of parliament , and under the pretence of the power thereof , which are judged treason and rebellion by the laws of england . . quest . but master prynne hath learnedly removed that rub , x who tells you that the statute of . edward . runs ( only ) in the singular number , if a man shall levy war against the king , and therefore cannot be extended to the houses , who are many and publick persons ; what can you answer unto that ? answ. that mr. prynne having so often shewn malice , may have a little leave sometimes to shew his folly , and make some sport unto the kingdom in these useful times : for if his learned observation will hold good in law , it is not possible that any rebellion should be punished in a legal way ; because so many ( and some of them perhaps may be publick persons ) are commonly ingaged in actions of that wicked nature . and i suppose that mr. prynne with all his learning , did never read of a rebellion , that is to say , of a war levyed by the subject against his sovereign , plotted and executed by one man only , in the singular number . had master prynne affirmed on his word and credit , that the members of the two houses were not men but gods , he had then said somewhat which would have freed them from the guilt and danger of that dreadful statute . if he admit them to be men , and grant them to have levyed war against his majesty , or to be aiding to the rebels now in arms against him ; he both conclude them to be guilty of this great rebellion , with which this miserable kingdom in almost laid desolate . his sophistry and trim distinctions touching their quality and numbers will but little help them . . qu. we have another plaister which will salve that sore , viz. the difference that is made between the king's person and his power by which is it made visible to discerning eyes , that though the parliament have levyed war against the person of the king , yet they do not fight against his power , but defend it rather . and 't is not a resistance of the person but the power of princes , which is forbidden by saint paul . how do you like of that distinction ? answ. as ill , or worse than of the other , as being of the two the more serious folly ; and coming from an author no less factious ( but far more learned i confess ) than your other was . for if i do remember right , buchanan was the first that broached this doctrine in his book de jure regni apud scotos ; in which he tells us that saint paul in the place aforesaid doth not speak of magistrates , sed de functione & officio eorum qui aliis praesunt , but of the magistracy it self , the function or office of the magistrate , which must not be resisted , though his person may . which foolish fancy serving fitly for a cloak or vizard , wherewith to palliate and disguise rebellions , hath since been ofen used by those who pursue his principles , ( though never worn so thred-bare as of late , in your treacherous pamphlets : ) but draweth after it as many and as gross absurdities as the other did . for by this strange division of the king from himself , or of his person from his power ; a traitor may kill charles , and not hurt the king , destroy the man and save the magistrate , the power of the king in one of the armies may fight against his person in the other army , his own authority may be used to his own destruction , and one may lawfully set upon him , beat , assault , and wound him , in order to his preservation . so that you make the king like sosia in the ancient comedy , who being well beaten , and demanded who it was that did it , made answer , egomet , memet , qui nunc sunt domi , z that sosia , who was at home in his masters house , did beat that sosia which was abroad in his masters business . but questionless saint paul did better understand himself than either buchanan , or any of his followers since his time have done : who doth interpret the word power , which he useth in the first and second verses , by that of principes & ministri , rulers and ministers , which be useth in the third and fourth : which as it plainly shews that he meaneth the magistrate , and not the function or the office , as your masters tell you ; so doth it leave you liable to the wrath of god , if you endeavour to defend these wicked and rebellious courses by such wretched shifts . . quest . what say you then , if it appear that the two houses of parliament , ( for i use your terms ) are not subordinate to the king , but coordinate with him : y i hope then you will yield so far that the two houses have a power , if they cannot otherwise provide for the common safety , to arm the people of the realm against him , as against an equal . answ. we grant indeed , that people which have no superiour , but stand on equal terms with one another , if injured by their neighbours , and not receiving satisfaction when they do desire it , may remedy themselves by force , and for so doing by the law of nations , are esteemed just enemies ; but so it is not in the point which is now in question , the realm of england ( as it is declared by act of a parliament ) being on empire , governed by one supreme head and king , having the dignity and royal estate of the imperial crown of the same , unto whom● body politick compact of all sorts and degrees of people , divided in ●erms and by names of spirituality and temporality , been bounden and ought to bear next to god , a natural and humble obedience . assuredly , had the lords and commons then assembled , conceived themselves coordinate with the king in the publick government , they would not have so wronged themselves and their posterity , as to have made this declaration and acknowledgment so prejudicial thereunto , not only in a parliament time , but by act of parliament . besides , if this coordination which you dream of could be once admitted , it must needs follow thereupon , that though the king hath no superiour , he hath many equals , and where there is equality there is no subjection . but bracton tells you in plain terms , not only that the king hath no superiour in his realm , except god alone , but that he hath no equal , neither , parem autem non habet in regno suo , as his words there are b and then he gives this reason of it , quia sic amitteret praeceptum , cum par in parem non habet imperium , because he could not have an equal but with the loss of his authority and regal dignity , considering , that an equal hath no power to command another . now lest you should object that is spoken of the king out of times of parliament , but that when once the lords and commons are convened in parliament , the case is otherwise . first , you must think that had this doctrine been on foot in the times preceding , it would have been a great impediment unto frequent parliaments ; and that our king ▪ ( as others ) being very jealous even of the smallest points of sovereignty , would not admit of partners in the crown imperial , by the assembling of a parliament , having been used to reign alone without any rivals . and secondly , you may call to mind , that even sedente parliamento , during the sitting of the court , the lords and commons call themselves his majesties most humble and obedient subjects , which is not only used as a stile of course in such petitions as they use to present unto him , ( and by the way , 't is not the use for men of equal power to send petitions unto one another ) but it is the very phrase in some acts of parliament , c for which i do refer you to the book at large . and if they be his subjects , as they say they be , they cannot be his equals , as you say they are ; and therefore not coordinate with him , but subordinate to him ; by consequence the levying war against the king , no more excusable in them than the meanest subject . . quest . you take great pains to make the parliament , or the two houses , as you call them , to be guilty of rebellion against his majesty without ground or reason . for tell me seriously , think you the parliament hath not power to arm the people , and put them into a posture of defence against the enemies of the kingdom , if they see occasion ? answ. yes , if the king do give consent , and that there be such enemies against whom to arm them . for properly , according to the ordinary rules of polities , there is no power of raising forces , and putting the people into arms , but only in the prince or supreme magistrate . the civil laws have so resolved it . nulli prorsus , nobis insciis & inconsultis , quorumlibet armorum movendorum copia tribuatur d ; let none presume to levy forces , whatsoever the pretence or occasion be , without our privity or consent , saith the constitution . if you consult with the divines , saint austin , a most learned father , will inform you thus , that the natural course and arts of government accommodated to the peace and welfare of us mortal men do require thus much , ut suscipiendi belli autoritas atque consilium penes principes sit , e that all authority of making war and levying forces appertain only to the prince . and if you please to look on bracton , or any of the lawyers of your native country , they will tell you this , that the material sword is put into the hands of the king by almighty god , f that by the material sword is meant a power and right to look to the defence and preservation of the kingdom ; and that it is no less than treason to enter into any association , g or to raise a war without the kings consent , or against his will . and this the houses , as it seems , understood full well , when purposing to levy forces to begin the war , they took the kings authority along for company , and raised them in the name of the king and parliament , the better to seduce the people to a blinded rebellion . as for the enemies of the kingdom , against whom the subjects were to arm themselves by the appointment of the houses , i can tell of none ; no nor they neither , as i take it , unless they saw them in their dreams . and for your posture of defence , as you please to phrase it , ( besides that i have proved before , that even defensive arms are absolutely unlawful on the subjects part ) the war hath been offensive plainly on the part of the houses , which as it was contrived and followed without the least colour of necessity to induce them to it , so did it aim at nothing else than the destruction of the king , and the alteration of the government , which are the purpose and design of all rebellions , as before was told you . . quest . how prove you that the parliament did begin the war , that on their parts it was offensive , not defensive only , or that they had a purpose to destroy the king ? if you can make this good you shall gain me to you . answ. this point hath been so agitated and discoursed already , it were but labour lost to speak further in it . the votes and orders of the houses for putting the kingdom into a posture of war , the taking into their own hands the whole militia of the kingdom , raising of money , men , and horses , in all the quarters of the land , mustering their new-raised house and foot in finsbury-fields , and tuttle-fields , seizing upon the arms and ammunition which the king had bought with his own money , and laid up in his own magazines , before the king had either money enough to pay a soldier , powder enough to kill a bird , or men enough about him to guard his person from any ordinary force and violence ; what was all this but a beginning of the war ? and who did this but some prevailing men in the two houses of parliament , under the name and stile of the lords and commons ? then for the managing of the war , if it had been defensive only , as you say it was , what needed a commission to the earl of essex to kill and slay all such as opposed their doings ? what needed they have sent some part of their forces into hampshire , to pluck the town of portsmouth out of the kings hands , which by reason of the distance of it could not do them hurt ; another into dorsetshire to beat the marquess of hertford out of sherborne castle ; a third , and that the greatest part as far as worcester , and beyond it , to find the king , and give him battel before he was within an hundred miles of them ? what needed they have sent their emissaries into all the counties of the kingdom , to put the people into arms , in which the king had neither power nor party that appeared for him ; or to exhaust the blood and treasure of this nation , under pretence of settling their own privileges and the subjects liberties , when the king offered more by his frequent messages than they had reason to expect ? doubtless they could pretend no danger , as the case then stood , which might necessitate them to take arms in their own defence : and therefore now of late they have changed their terms , and do not make the war defensive meerly , but in part preventive . h it seems their consciences told them what they had deserved , and so for fear the king might right himself upon them when he was of power , they thought it best to strike the first blow and begin the quarrel ; in hope to make such sure work of it , that he should never strike the second . but to say truth , the war was not preventive neither on the houses part , but a design that had been plotted long before , and was made ripe for execution , when there was neither ground nor colour to possess the people with the fancy , that the king intended force against them . for what purpose else did sir arthur haslerig and m. pym sojourn two years together with mr. knightly , so near the habitation of the good lord say ? to what end held they correspondence with the discontented party in the country , and took such pains in canvassing for knights and burgesses ( when this present parliament was called ) in most counties , & c ? or to what end and purpose had the zealous citizens so used themselves unto their weapons , frequented the artillery garden , and stored themselves with arms in so large a measure , but that they were resolved to be in readiness when the time should come ? this if it were not a design , must be done by prophecy , not in the way of a prevention . . quest . but to the other point you spake off , touching the purpose which you say they had to destroy the king ; can you make any proof of that ? answ. i have already told you from the mouths of our greatest lawyers , that all rebellions aim at no other end then the destruction of the king , and the change of government ; and that this end was aimed at more especially in this particular rebellion . i shall tell you now , you cannot chuse but call to mind with what heat and violence , multitudes of the rascal people , as they flocked towards westminster , clamoured against his sacred majesty , even at whitehall gates ; and how seditiously they expressed the secrets of their traitorous hearts : some saying openly as they passed along , that the king was the traitor ; some , that the young prince would govern better ; and others of a more transcendent wickedness , l that the king was not fit to live . next look upon these very men , ( for out of them the body of their army was at first compounded ) trained to the wars , well armed , and marching furiously to find out the king , against whose sacred person , and most precious life , they had before expressed such a dangerous malice . then add to this , that when they came unto edge-hill , they bent their canon more especially , and spent the hottest part of their shot and fury towards that part of the battel in which ( according unto that advertisement which the villain blague had given their general , a man as full of discontent and malice , as the worst amongst them ) the king in person , and the two young princes meant to be . put this together , and compare it with some subsequent passages which have been desperatly vented in the house of commons ( touching the deposition of the king ) without check or censure ; and the inviting of a forreign nation to invade this kingdom , the better to effect their business , and tell me , if you can , what is aimed at else , then the destruction of the king , and his royal issue ? . quest . i must confess you put me to it , but i must take some time to consider of it , before i tell you what i think . in the mean season i have one more doubt to propose unto you , which if you can remove , i am wholly yours . the name of parliament is sacred to me , and i am loth to scruple any of those actions , which receive countenance and authority from the awful body . can you make proof that the party which remains at westminster have not the full authority of the two houses of parliament ? if you could make that clear , then the work were done . answ. i dare not take that task upon me ; it is too invidious : but i shall offer these few things to your consideration . first , it would seriously be considered , whether the king , whose presence , as the head of that awful body , gives life and motion to the acts and results thereof , do purposely absent himself to make their consultations frustrate and their meeting fruitless ; or that he hath been driven from them by force and violence ? secondly , whether such considerable numbers of the lords and commons , as are now absent from the houses , have left the houses and the service , for no other reason than for compliance with the king , and to serve his ends ( in hope of getting honours and preferments by him , ) or on the motion made by the rascal multitude , to have the names of these given up , who voted not with say , and pym , and other the good members of both houses ? thirdly , what mischief would ensue both to the church of christ , and the states of christendom , if when the greater and sounder part of parliaments and general councils shall be driven away , either by the threats and practices of the lesser , and the worse affected ; the less and the worse affected part may have the reputation of the whole body , and their actions countenanced by the name thereof ? fourthly , whether it be not one of the greatest prejudices which the protestants have against the council of trent , k that it was held in an unsafe place , which they could not come to without danger ; and that the prelates there assembled , were so prelimited by the popes instructions , or awed with an italian guard which was set upon them , under pretence of safety to their persons , from affronts and injuries , that they had neither freedom to debate the points which were there propounded , nor liberty of suffrage to determine of them ? fifthly , whether the king calling the expulsed party of the lords and commons to some other place , and summoning all the rest also to assemble there , may not with greater reason take unto themselves the name , the power , and reputation of a parliament , than the remaining party now at westminster , consisting seldom of above an hundred commons , and sometimes not above three lords , have challenged and usurped the name of the two houses ? sixthly and lastly , — . quest . hold , i must interupt you there . the king by writ appoints his parliament to be held at westminster , and by a subsequent act or statute hath so bound himself , that he can neither dissolve nor adjourn it without their consent ; how can he then remove it to another place , than that which was at first appointed ? answ. no doubt but he may do it with as good authority , as the two houses , or either of them may adjourn to london , which you cannot choose but know hath been often done , since the beginning of this session . for tho they sit not there as houses , but by turning the either of the houses into a committee of the whole house : yet this is but an artifice to elude the writ , and act their business in a place of more advantage . the change is only in the name , but the power the same . witness those votes and declarations which they have passed and published in the said committees , as binding and effectual to their ends and purposes , as any thing transacted in the several houses . nor is the place so necessary and essential unto the being of parliament , but that the major part with the kings consent , may change it if they think it profitable for the common wealth . otherwise we might say of parliaments , as once victorinus did of christians , l ergone pariete ; faciunt christianum ? is it the place and not the persons which do make a parliament ? or grant we , that of common course the houses cannot regularly be adjourned to another place , but the adjournment must be made in the house it self ; yet this is but a circumstance , or at most a ceremony , not of the substance of the work . and if that speech of caesar carrieth any weight , ( as all wise men conceive it doth ) legem necessitati cedere oportere , m that even the strictest laws must yield to the necessities and uses of the common-wealth : no question but so slight a circumstance , as that of place must needs be thought in the present business , is to give way unto the peace and preservation of this wretched kingdom . . quest . these points i shall consider of as you have advised ; only at present i shall tell you , that i am very well resolved of the unlawfulness of this war against his majesty , and think them guilty of rebellion , who either laid the plot thereof , or have since pursued it . tell me now for the close of all , what punishment the laws do inflict on those who are convicted of so capital and abhorred a crime ? answ. you cannot be so ignorant of the laws of england , as not to know , that a convicted rebel is condemned to be hanged , drawn , and quartered , his belly to be ripped up , and his bowels to be taken out , whilest he is yet living , his head and limbs to be advanced on some eminent places , for a terrible example unto others , his blood attainted , his estate confiscate , his possessions forfeited . the civil laws go somewhat further , and execute them after death in their coats of arms , which are to be defaced and razed , in what place soever they are found . rebellium arma & insignia delenda sunt , ubicunque inveniuntur , n as bartolus hath it . i end as i began with the book of homilies ; " turn over and read the histories of all nations , look over the chronicles of our own country , call to mind so many rebellions of old time , and some yet fresh in memory , ye shall not find that god ever prospered any rebellion against the natural and lawful prince , but contrariwise , that the rebels were overthrown and slain , and such as were taken prisoners dreadfully executed . consider the great and noble houses of dukes , marquesses , earls , and other lords , whose names ye shall read in our chronicles , now clean extinguished and gone , and seek out the causes of the decay , you shall find that not lack of issue and heirs male hath so much wrought that decay , and waste of noble bloods and houses , as hath rebellion . " sam. . . who can stretch forth his hand against the lords anointed , and be guiltless ? prov. . , . my son , fear thou the lord and the king , and meddle not with them that are given to change , for their calamity shall rise suddenly , and who knoweth the ruin of them both ? finis . notes, typically marginal, from the original text notes for div a e- a first part of the homily against rebellion . b aristot. in problem . sect. . c merc. an●i● . sept. . d v. stamfords pleas cap. . coke on littleton i. . c. . §. . e stat. . ed. . cap. . f bracton . l. . g v. speed , hollingsh ▪ and others , in the life of edw. . g v. speed , hollingsh ▪ and others , in the life of edw. . h id. in hen. . i compton in his book of justices . k stow. in hen. . l id. in elizabeth . m hollingsh . in the life of q. elizabeth . n compton in his book of justices . o howe 's addition to stowes chronicle . p cap. . q spiegel in lexico ●ur . civil . r bartolus in constitut. hen. . s camden annal. eliz. an. . t camden ibid. u id. ibid. x idem . ibid. y rom. . . z rom. . a in apolog. b cyprian ▪ epistola ad demetrian . c lactant ▪ institut . divin. l. . d eucher : lugdun●●ns . & alii . e mercur ▪ britannicus . num . . f nazianzen . oratio . in julian . g ambros. orat. . h bartolus in repertorio . first part of the homily against rebellion . k s●at . . eliz. cap. ● . l buchanan . de jure regni . m rom. . v. , , . n baron . & chronol. alii . o kings . & chron. c. . p plutarch . in agis & ceolmenis . q socrat. eccl. hist. l. . c. . r theodoret. hist. eccl. l. c. . s ambr. orat. . t jerem. . , . u acts . v. , . x ibid. v. . y ibid. v. . z ibid. v. . a camden , annal. eliz. anno ● . b hollingsh . in rich. . c id. ibid. d id. in the life of henry . e paraeus in ep. ad rom. c. . f sam. . v. . . v. . , , &c. g sam. . v. . h sam. . v. . i ibid. v. . k aristot. in polit. l calvin institut . l. . c. . , . m rom. . vers. . n pet. ● . vers. . o merc. brit. numb. . p sam. ● . vers. . q ps. . v. . r ambros. in locum . s s greg. tur. hist. franc. t bracton . . cap. . u tertull. apologet . c. . x in his disloyalty of papists , &c. z plaut. in amphitr . act. . y observations on his majesties answers , &c. a statut. . henr. . ● . . b bract●n i. . c . ● . c . hen. . c. , &c. d constitut. valentin . & valent . e august . f bract. l. . c. . ● . . & l. . c. . g proclam . feb. . h merc. brit. numb. , . l l. digbies apol. p. . k histor con ▪ triden . sleid. & alii . l s. august . confess . l. . c. . m val. max. l. . c. . n. . n bartochinus in repertorio aureo .