Christianity, a doctrine of the cross, or, Passive obedience, under any pretended invasion of legal rights and liberties Kettlewell, John, 1653-1695. 1691 Approx. 223 KB of XML-encoded text transcribed from 55 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A47289 Wing K358 ESTC R10389 12425134 ocm 12425134 61813 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 0 1.0 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 1, no. A47289) Transcribed from: (Early English Books Online ; image set 61813) Images scanned from microfilm: (Early English books, 1641-1700 ; 944:7) Christianity, a doctrine of the cross, or, Passive obedience, under any pretended invasion of legal rights and liberties Kettlewell, John, 1653-1695. [8], 97 [i.e. 95] p. Printed for Jos. Hindmarsh, and Rob. Kettlewell ..., London : 1691. Reproduction of original in Huntington Library. Attributed John Kettlewell. cf. NUC pre-1956. Table of contents: [6]-[7] Errata: p. [8] Created by converting TCP files to TEI P5 using tcp2tei.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. 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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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Government, Resistance to. 2004-05 TCP Assigned for keying and markup 2004-07 SPi Global Keyed and coded from ProQuest page images 2004-08 Rachel Losh Sampled and proofread 2004-08 Rachel Losh Text and markup reviewed and edited 2004-10 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 . 1691. 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 160. 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 1. Others Force , can never make us lose Religion . But only the external things about Religion . Nor binder the force of our Ministry . 2. 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 2. Line 11. Read of our Holy. p. 4. l. 21. r. of this World. p. 11. l. 33. r. that it is but fit . p. 14. l. 17. r. this external Force . p. 23. l. 6. in the Margin , r. cited . p. 3. p. 29. l. 15. in the Margin , r. Apol. p. 6. &c. 13. p. 38. l. 18. in the Margin , r. &c. l. 4. p. 39. l. 8. r. Romans . p. 43. l. 29. r. to bear . p. 46. l. 16. r. which no Judge . and l. 25 in the Margin , r. convenit eum . p. 51. l. 21. in the Margin , r. Vindemiam . p. 52. l. 11. r. Persecutors . p. 65. l. 1 : r. manner p. 66. l. 24. r. third . p. 67. l. 29. r. Houses . p. 68. l. 17. r. not on . p. 71. l. 7. r. Salvo p. 79. l. 1. 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 . 2 . It consists in a † New Nature , and the Renewal of the mind , says S. Paul , Rom. xii . 2 . 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 . 20 . 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 . 22 . 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 . 18 . 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 , 1 Cor. xi . 19 . Accordingly in the Scriptures , we read of Tryals and Temptations , meaning Persecutions , 1 Cor. x. 13 . Jam. i. 2 . and of the fiery Tryal , or Furnace of Affliction , that fines and purges the Gold from the Dross , 1 Pet. iv . 12 . † 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 . 7.22 . 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 . 5.6.21 . 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. 37.39 . Luc. xiv . 26 . If he take not his Cross and follow me , he is not worthy of me . Mat. x. 38 . If he doth not bear his Cross and come after me , he cannot be my Disciple . Luk. xiv . 27 . 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. 10 , 11 , 12. Luc. vi . 22 , 23. 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 , 1 Pet. iv . 12 , 13 , 14. Accordingly , says S. Paul , I take pleasure in necessities , in persecutions , in distresses for Christs sake , 2 Cor. xii . 10 . and the Hebrews took joyfully the spoiling of their goods , knowing they had in Heaven , a better and more enduring substance . Heb. x. 34 . 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 . 1 Jo. v. 8 . 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 . 2 Cor. xii . 12 . 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 , 2 Cor. vi . 4 , 5 , 7. 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. 1 Cor. iii. 19 , 20. 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 , 1. Cor. i. 25 . 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. 9 . 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 . 19 . 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 . 24 . 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 . 7.15 . 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 . 3 . 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 , 2 Pet. ii . 9 . 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. 8. 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 . 10 . A new commandment I give unto you , that ye love one another , Joh. xiii . 34 . And by this shall all men know that ye are my Disciples , if ye have love one to another , vers . 35. 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 . 21 . 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 . 2.5 . 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 . 1 Pet. ii . 13 , 14. 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. 1 Pet. ii . 19 , 20. 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 . 27 , 28. 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 . 25.29 . 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 . 37 , 38. 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. 19 . and Dan. vi . 8.12.15 . 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. 14 , 15 , 16. 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 . 1. 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 . 2. 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 . 16 . 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 . 3. 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 . 4. 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 . 5. 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. 17.2 , 3 , &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. 9.17 . 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. 13. and c. 17. 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 . 1 Sam. xxvi . 9 . 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 . 11 . 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. 8. 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 . 1 , 2. 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 41. 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 13. Car. 2. c. 6. and 14. Car. 2. c. 3. 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 37. H. 8. c. 4. & 25. H. 8. c. 11. & 19. H. 7. c. 18. & 23. & 3. Edw. 4. c. 4. & 7. Edw. 4 c. 3. & 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. 12. Edw. 4. c. 8. 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 39. 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. 25. H. 8. c. 21. 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. 12. Car. 2. c. 30. We your Majesties most Faithful and Loyal Subjects , the Lords and Commons &c. says Stat. 1. Jac. c. 1. 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. 1. Eliz. c. 1. and the like may be seen in the Acts under Q. Mary , as in Stat. 1. Mar. Sess. 2. c. 1. under King Edward 6. as Stat. 1. Edw. 6. c. 14. and K. Henry 8. as Stat. 37. H. 8. c. 4. &c. 17. 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 . 15 . 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 . 1. 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 . 1 Sam. xxvi . 9 . and c. xxiv . 6 . And he that resists , shall receive Damnation , saith S. Paul , as resisting the Ordinance of God , Rom. xiii . 2 . And he is the Minister of God , wherefore ye must needs be subject , not only for wrath , but also for conscience sake , v. 4 , 5. 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 1. 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 2. 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 . 2. 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 . 19 . 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 . 11 . Lo here is the Patience of the Saints , says S. John , noting what in their Persecutions they sought to Signalize . Rev. xiv . 12 . 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 . 3. 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 . 10 . 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 . 3 . 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 A47289-e940 * Tit. iii. 1 . † 1 Pet. ii . 13 . ‖ Rom. xiii . 1 . * Mat. x. 38 . Luk. ix . 23 . Mat. xvi . 24 . Luk. xiv . 27 . † Rom. xiii . 2 . ‖ Inquiry into the measures of submission to the Supreme Authority , Art. 9.12 . Discourse about the Justice of the Gentlemens undertaking at York , Nov. 1688. p. 4 , 5 , 6 , 7. & passim . Julian the Apostate , c. 9. p. 74.92 . And the Answer to Jovian , p. 160. And several others . † Jo. iii. 3 . and 2 Cor. ● 17. † In primis Deo digna , & , ut ita dixerim , necessaria , ad Probationem scilicet Servorum ejus , sive reprobationem . Tertull . de fug . in Perfec . c. 1. ‖ 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. 498 , 499 & Dial. cum Tryph. p. 337. & Lact. l. 5. c. 13. * Apol. 1. p. 50. * Libell . Precum p. 8. † Quas utinam nunquam possedisset ecclesia , ut Apostolico more vivens fidem integram inviolabiliter possideret . ib. p. 2. Ed. Ox. † Adv. Marc. l. 4. c. 39. † Homil. 34. in Mat. in c. x.16 . Be ye wise as Serpents , &c. † Ibid. ‖ Vid. Edwards Gangraena part 1. Ep. Dedicat. ‖ See the Authors cited p. 2. * Geog. l. 17. sub fin . † Lib. 53. ‖ ib. l. 53. * 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. 1. tit . 2.6 . † 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. 242. & Inscript , de Caesar. Suetonio Annexis Ed. Ox. sub Vespas . nu . 10. * Annal. l. 4. p. 190 , 191. Ed. Gryphii . † In Tiber. c. 30. ‖ Dio l. 53. † c. 31. vid. &c. 32. * Principem quem vos tanta ac tam Libera potestate instruxistis , Senatui servire debere . c. 29. * L. 66. † Harm . of New Test. ad An. Ner. 11. Christi 65. ‖ Joseph . de Bell. l. 2. c. 24. ‖ P. II. * Dec. 1. l. 2. † Vid. Paulum Manut. de Leg. Ro. p. 37 , 38. † Apol. p. 6. c. 13. ‖ 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. 1. p. 29. Ed. Gryph . ‖ In Calig . c. 16. ‖ Lib. 53. † Suet. in Aug. c. 53. ‖ Id. in Tib. c. 27. † In Calig . c. 22. ‖ Digna vox est Majestate Regnantis , Legibus alligatum se Principem profiteri . Cod. l. 1 . Tit. 14. De Legibus , &c. l. 4 . † Nihil tam proprium Imperii est , quam Legibus vivere . Cod. lib. 6. Tit. 23. de Testam . l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Soc. Hist. Eccl. lib. 1. c. 2. † Hoc imperium , cujus ministri estis , Civilis , non Tyrannica Dominato est . Apol . c. 2. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. Dio l. 53. p. 581 , 582. † Ut Populo praesunt magistratus , ita Magistratibus Leges . Cic. de Legib. lib. 3. initio . ‖ Ipsi Legibus teneantur . id . Orat. 8. quae est in Verrem , l. 3. in fine . † Judice , qui ex Lege jurati judicatis , Legibus obcemperare Debetis . l. 1. De Inventione . §. 60. so called juratorum hominum Orat. 5. because jurare in Legem judicaturi solebant , Gothofred Not. in loc . ‖ Haec sunt fundamenta firmissima nostrae Libertatis , sui quemque juris , & retinendi , & Dimittendi , esse Dominum . Orat. 35. 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. 29. Pro Domo sua ad Pontif. * Lib. 53. p. 582. † Ibid. † Dec. 1. l. 2. * Sacrosanctum-sanctione poenae , cum caput ejus , qui contra facit , consecratur . Cicero pro Cornel. Balbo Orat. 35. † Ibid. lib. 2. ‖ Vid. Macrob. Sat. l. 3 c. 7. p. 319 , 320. ‡ ib. p. 582. † Digest . lib. 1. tit . 3. l. 31. * 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. 1. Dig. Tit. 3. l. 31. † — Experiar quid concedatur in illos Quorum Flaminia tegieux cinis atque Latina . Juv. Sat. 1. ‖ ad Aen. 11. * Floriun Sparsio adjus Justin . p. 87. † Ex imperfecto Testamento nec imperatorem haereditatem vindicare posse saepe constitutum est . Cod. lib. 6. T it 23. de Testam . l. 3. ‖ Instit. l. 1. Tit. 2. * l. 1. Tit. 16. & l. 2 . Tit. 9. † Suet. in Aug. c. 40. ‖ l. 53. p. 570. * Facinus est vinciri civem Rom●num ; scelus verberari ; quid dicam in crucem tollere ? Cicero Orat. 10. quae est in Verrem l. 5. † 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. 2. pro Sexto Roscio . † De Provid . l. 8. in fine . ‖ Pro Domo sua ad Pontif. Orat. 29. * De Mort. Persec . c. 21.23 . † Digna vox est Majestate regnantis Legibus alligatum se Principem profiteri . Adeo de auctoritate juris nostra pendet Auctoritas . Cod. l. 1. Tit. 14. de Legibus &c. 4. ‖ Si quando cum Privatis disceptaret , forum & jus . Tacit. An. l. 4. p. 191. Ed. Gryphii . * Ex imperfecto Testamento nec imperatorem haereditatem vindicare posse saepe constitutum est . L. 3. de Testam . Cod. l. b. 6. Tit. 23. † De Mort. Persec . c. 21. ‖ In Psal. 118. Octon . 20. p. 500. 1 Vol. † Discourse about the Justice of the Gent. undertaking at York . p. 6. ‖ Cum accusati ut nocentes , à vobis aliter tractamur , quam pares nostri , id est , caeteri nocentes . Tert. Apol. c. 2. * Tormenta non pro poena adhibentur , soli quaestioni temperantur . Apol. c. 2. † Ib. & ad Nationes lib. 1. cap. 2. ‖ Vestram illis servate Legem , usque ad Confessionem . Hoc leges jubeni , hoc Senatils Consulta , hoc Principum m●ndata definiunt . Apol. c. 2. * In Octav. p. 31. † Ad Nationes l. 1. c. 2. ‖ Ista Perversitas — quae vos adversus Formam , adversus Naturam judicandi , contra ipsas quoque Leges ministret . Apol. cap. 2. † Ad Nationes l. 1. c. 2. ‖ In Octavio , p. 31. † Apol. c. 2. ‖ 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. 2. † In Octav. pag. 31. † 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. 2. & 〈◊〉 Nationes , l. 1. c. 2. &c. 6. ‖ Sed Christianis solis nihil permittitur loqui , quod causam purget , quod veritatem defendat , quod judicem non faciat injustum . Apol. c. 2. † Neque accusationi , neque recusationi , spacium commodetis . Ad Nation , l. 1. c. 2. ‖ Hos nec audiendos in totum putabamus , p. 31. † Apol. c. 2. & ad Nation . l. 1. c. 2. 6. ‖ Tertull● Apol. c. 7. Minut. Fol. p. 9. † Apol. c. 2. ‖ Ib. † Id. ad Nation . l. 1. c. 3. ‖ Apol. c. 7. † Et ideo Praeses Provinciae id sequatur , quod convenit cum ex fide eorum , quae probabuntur . Digest . lib. 1. tit . 17. l. 6. §. veritas . ‖ Licentia rerum omni●an solutis Legibus , assumpta , & judicibus data . De Mort. Persec . c. 22. † 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. 13. † 1. Invect . p. 91. ‖ Hist. Eccl. l. 4. c. 16. † Hist. Eccl. l. 6. c. 14. † Christianus non novit , de novo Caesare optare . Apol. c. 35 ▪ † In Pescen . Nig. pag. 218. 3. Part. Hist. Aug. Script . vid. Suet. in Domit. c. 6.10 . ‖ In Domitiano . † In his Letter , ap . Vulcatium in Avid . Cassio , pag. 120 , 121 , 123. 3. Part. Hist. Aug. Script . ‖ Vid. Vulcat . Gallic . in Avid . Cass. p. 127. † Vid. Vopifc . in Bonoso , p. 721. pt . 3. Hist. Aug. Script & in Probo ib p. 698.699 . ‖ Lib. 9. † Lib. 8. c. 6. Hist. Eccl. † Unde Cassii , & Nigri , & Albini ? Unde qui inter duas Laurus obsident Caesarem ? De Romanis ( nisi fallor ) id est De non Christianis . Apol. c. 35. — Nunquam Albiniani , nec Nigriani , vel Cassiani , inveniri potuerunt Christiani : ad Scap. c. 2. ‖ Sed & qui nunc Scelestarum Partium Socii aut Plausores , quotidie revelantur , post vindimiam Paricidarum racematio superstes . id Apol. c. 35. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Contra Cellum , lib. 3. pag. 115. † 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. 192. 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. 22. cap. 6. ‡ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Fragment . Epist. Jul. Imp. operum p. 528. * 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 . 350. † De Mor● . Persec . c. 7.8.23 . ‖ ib. c. 15. ‡ ib. c. 13. * ib. c. 22. † ib. c. 23. ‖ In Ner. c. 38. * Lact. ib. c. 21. † ib. ‖ ib. c. 23. * c. 27. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Euf Hist. l 8. c. 10. p. 304. ‖ ib. ap . Euseb. ‡ Hist. l. 8 . c. 14. * S●et . Ner. c. 38. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 34. † v. 9.11 . ‖ c. 13.8.9 . * 1 King. xix . 14 . † Luk. ix . 54 , 55 , 56. ‖ 1 King. xix . 16 . & 2 King. ix . 5 , 6 , 12 , 13 * 2 Chron. xxviii . 2 , 3 , 24. † 2 Chron. xxxiii . ‖ 1 Sam. xxii . 18 . * c. iii. 14 , 15. † Jer. xxii . 17 . ‖ Ezek. xxii . 27 . ‡ Hos. vi . 9 . * Am. v. 12 † Mich. iii. 1 , 2 , 3.9 , 10 , 11. ‖ Zeph. iii. 3 . ‖ See An Inquiry into the meas . of Submis . to the Sup. Au● . Art. 8. † 2 Chron. xxiii . 3 . ‖ Rom. xiii . 1 , 2.4 , 5. * Numb . xxvi . 53 , 54 , 55 , 56. and cap. xxxiv . 13.17.29 . † Ib. Art. ● ‖ Ib. Art. 10. † Vid. p ▪ 96 , 97 , 98 , 99. ‖ P. 70 , 71.88 , 90. † Art. 37. * l. 7. c. 8. ‖ Thoughts of a Private Person about the Justice of the Gentlemens undertaking at York . p. 9 , 10.23 . * Id. p. 2.12 . &c. † Id. p. 15.22 . ‖ Id. p. 12 , 23. And Inquiry into the Measures of Submission to Supreme Autority . Art. 14. † 1 Pet. ii . 19 , 20. † Mr. Johnson's Remarks on Doctor Sherlock ' s Case of Resistance &c. p. 19 , 20. * Deut. xvii . 18 , 19 † Nobis Romulus ut libitum imperitaverat . Tacit. Ann. l. 3. p. 152. ‖ Populus nullis Legibus tenebatur : arbitria Principum pro Legibus erant . Just. lib. 1. cap. 1. ‡ Hoc Priami Gestamen erat , cum jura Vocatis more dabat Populis . Aeneid . 7 * Proem : Magn. Chart. — Gaudet regno Trojanus Acestes , indicitque forum , & Patribus dat jura vocatis . Aen. lib. 5. † c. 1. * Julian Ap. p. 84. Thoughts of a Priv. Person about Justice of Gent. Undertak . at York , p. 11.14.16 . † Julian the Ap. p. 74 , 75.92 . & others . ‖ Thoughts of a Priv. Pers. &c. p. 11. * Apol. c. 30. † ib. c. 33. ‖ ib. c. 34. ‡ ad Scap. c. 2. * Legat. pro Christ. p. 17. † ap . Eus. Hist. Eccl. l. 7. c. 11. ‖ Ad Autolyc . l. 1. p. 76. † Lam. iv . 20 . ‖ De Civit Dei , lib 5. c. 21. † Part 1. ‖ Part 2. † Apol. c. 37. † Confidimus majestati ejus , qui tam contemptum sui , quam servoram injurias , possit ulcissi . — Cum tam nefanda perpetimur , Deo permittimus ultionem . Lact. l. 5. c. 20. ‖ Laesos u tio Divina Defendit . Inde est quod nemo nostrum reluctatur , etsi nimius & copiosus sit noster Populus Cyprian ad Demet. p. 192. Ed. Ox.