The lawfulnes of obeying the present government and acting under it with some other additions to a former edition / by one that loves all presbyterian lovers of truth and peace and is of their communion. Rous, Francis, 1579-1659. This text is an enriched version of the TCP digital transcription A57696 of text R28815 in the English Short Title Catalog (Wing R2021). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 53 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A57696 Wing R2021 ESTC R28815 10763348 ocm 10763348 45725 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. A57696) Transcribed from: (Early English Books Online ; image set 45725) Images scanned from microfilm: (Early English books, 1641-1700 ; 1410:2) The lawfulnes of obeying the present government and acting under it with some other additions to a former edition / by one that loves all presbyterian lovers of truth and peace and is of their communion. Rous, Francis, 1579-1659. [2], 25 p. Printed for John Wright, London : 1649. Attributed by Wing and NUC pre-1956 imprints to Francis Rous. Reproduction of original in the Bodleian Library. eng Great Britain -- History -- Civil War, 1642-1649. Great Britain -- Politics and government -- 1642-1649. A57696 R28815 (Wing R2021). civilwar no The lavvfulnes of obeying the present government· And acting under it, with some other additions to a former edition. By one that loves all Rous, Francis 1649 9504 167 0 0 0 0 0 176 F The rate of 176 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2003-08 TCP Assigned for keying and markup 2003-09 Aptara Keyed and coded from ProQuest page images 2003-10 John Latta Sampled and proofread 2003-10 John Latta Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion THE LAVVFULNES of obeying the Present Government . And Acting under it , With some other ADDITIONS to a former EDITION . By one that Loves all PRESBYTERIAN lovers of Truth and Peace , and is of their Communion . JOHN 7. 24. Iudge not according to the appeareance , but judge righteous judgement . LONDON : Printed for Iohn Wright , at the Kings Head in the Old-Bayley , 1649. The lawfullnesse of obeying the present Government . And acting under it A Declaration hath beene lately published , wherein the grounds are exprest of setling the present Government , with which if any be not so far satisfied as to thinke that setlement lawfull , yet even to such is this Discourse directed , which proposeth Proofes , that th●ugh the change of a Government were beleeved not to be lawfull , yet it may lawfully be obeyed . THe Apostle intreating of purpose upon the duty of submission and obedience to Authority , layes down this precept ; Let every soul be subject to the higher powers , for there is no power but of God ; the powers that are , are ordained of God ; and hereupon infers , Wherefore ye must needs be subject not only for wrath , but for conscience sake . And that he speakes not in this place meerly of power or authority abstracted from persons , but of persons cloathed with that authority , appeares in that he saith ; For , rulers are not a terrour to good workes . So that he speakes of persons ruling , as well as of the power by which they rule . And againe , He is the Minister of God , and they are Gods Ministers ; & accordingly he directs Timothy , to pray for a blessing upon those that are in authority . Now if the Powers , Rulers , and those that were in authority in that time were ordained of God , and were to be obeyed for conscience sake , let us consider how lawfully they came into that power , rule , and authority . This Epistle most probably , if not certainly , was written in the time of Claudius Caesar , or Nero , the former of which banished the Jews out of Rome , upon which occasion Aquila and Priscilla came out and met with Paul at Corinth : and by the sentence of the latter , Paul having made his appeale to Caesar finished his course , and passed unto a crowne of righteousnesse . And now , behold the lawfulnesse by which these two persons came to be invested in their power and authority . Of Claudius Caesar the Story tells us this ; After the death of Caius Caligula , the Consuls and Senate of Rome entred into a consultation , how they might restore the Common-wealth to her ancient freedom , which by the Caesars had been taken from them . So that the taking in of an Emperour , and consequently of Claudius for Emperour , was directly against the wills and resolution of the Consuls and Senate ; yet these anciently for many hundred yeares had the chiefe power of Government ; But see the way of Claudius his coming to the Empire ; during the Inter-regnum , Claudius being frighted with the news of Caligula's death , and fearing himselfe might be enquired for upon suspition with-drew , and hid himselfe behind the Hangings , or covering of a doore ; where a Souldier seeing his feet , and desirous to know what he was drew him forth , and upon knowledge of him saluted him Emperour , though even then for feare falling downe low before him . This one Souldier brought him forth to his fellow Souldiers , who lifted him up as Emperour ; and thus while the Senate was slow in executing their purposes , and differences grew among them , Claudius , who was sent for by the Senate to give in his councell concerning the common freedome , undertooke the Empire . Thus in one Souldier at first , and then in more , was the foundation of Claudius his Emperiall power , against the will , consultations , and endeavours of Consuls and Senate . And for Nero ( his Successor ) Britannicus , who was nearer of kin to Claudius , being his Son , was kept in by the cunning of Neroes mother , and by the same craft Nero being brought forth to the Souldiery , was first saluted Emperour by them . This sentence of the Souldiers was followed with the consent of the Senate , and then it was not scrupled in the Provinces ; so that the Souldiery was also the foundation of Neroes Empire . Thus we see Rulers put by Souldiers into that power which is said by the Scripture to be ordained of God ; and even to these Rulers men must be subject for conscience . But passing from the Romane state to our owne , sure we are that in this Nation many persons have beene setled in supreame power and authority by meere force without title of inheritance , or just conquest . And it hath been observed by some that accurately have looked into our story , that not any three immediately succeeding each other , come to the Crowne by true lineall succession and order of blood . Neither is there any great difficulty in finding it , untill we come to Queene Mary , whose title being by an incestuous marriage , these observers say that Queene Elizabeth should have raigned in her stead ; However , we are cleerly told by story , that five Kings on a row ( of which the Conqueror was the first ) had no title at all by lineall descent and proximity of blood . The first came in by force ; The second and third had an elder Brother living when they came to the Crowne ; The fourth raigned when his Predecessor had a Daughter , and Heire living which was Mawd the Empresse ; The fifth being the Son of that Empresse , raigned while his Mother was alive , by whom his Title came . But leaving these , and Edward the third who raigned in his Fathers life time , and the three Henries ; fourth , fifth , and sixt , who raigned upon the Lancastrian ( that is a younger Brothers ) Title , Let us more particularly consider Henry the seventh ; This Henry came in with an Army , and by meere power was made King in the Army , and by the Army ; so that in the very field where he got the Victory , the Crowne was set upon his head , and there he gave Knight-hood to divers ; And upon this foundation of military power , he got himselfe afterwards to be solemnely Crowned at Westminster . And soone after upon authority thus gotten , he called a Parliament , and in that Parliament was the Crowne entailed upon him and his Heires . Thus both his Crowne and his Parliament were founded upon power ; As for any right Title , he could have none ; for he came from a Bastard of Iohn of Gaunt , which though legitimated by Parliament for common Inheritances , yet expressely was excluded from right to the Crowne . And for his wives Title , that came in after his Kingship , and his Parliament , which before had setled the Crowne upon him and his Heirs . And he was so farre from exercising authority in her right , that her name is not used in any Lawes as Queene Maries was , both before and after her marriage with the Spanish King . Now this and the rest who came in by meere power without Title of inheritance , being in their opinion who are now unsatisfied , to be held unlawfull , yet the maine body of this Nation did obey them , whilst they ruled , yea doth yield subjection to their Lawes to this very day . And the learned in the Lawes doe continually plead , judge , justify , and condemne according to these Lawes ; So that herein the very voyce of the Nation with one consent seemes to speake aloud ; That those whose Title is held unlawfull , yet being possest of authority may lawfully be obeyed . And hereunto Divines and Casuists give their concurrence ; among them one that is resolute both for Monarchy and lineall Succession , thus expresseth his judgement , both for seeking of right and justice from an usurper ( whom he calleth a Tyrant , in regard of an unjust Title , not in respect of Tyranicall oppression ) and for obeying his commands . First , that Subjects may lawfully seek justice of him ; And secondly , that if his commands be lawfull and just , they must be obeyed . And another well esteemed in the Reformed Churches , is of the same judgement . Paraeus saith , That it matters not by what meanes or craft Nimrod , Jeroboam , got Kingdomes to themselves ; For the power is onething which is of God , and the getting and the use of the power is another ; And after : The beginning of Nimrods power was , indeed evill , as to the getting and usurping power , because abusing his strength , force , and wealth , he violently subbued others , and compelled them to obey ; but not the power or force wherewith he seemed to be indued by God above others ; And another more plainely . When a question is made whom we should obey ; it must not be lookt at what he is that exerciseth the power , or by what right or wrong he hath ●nvaded the power , or in what manner he doth dispen●● it , but onely if he have power . For if any man doth excell in power , it is now out of doubt , that he received that power of God ; Wherefore without all exception thou must yield thy self up to him , and heartily obey him . And the same Author againe ; When a question is made to whom obedience should be given : A Christian is taught out of the Apostle , that he should looke onely to this , who hath the power in that place where he lives . Another thus , It often comes to passe , that Alians or Natives by seditions or force invade the Common-Wealth . But in any of these cases Subjects may not when they list goe about to change the forme of the Common-Wealth nor dispute seditiously of the Right or authority of their Ruler , but should singly obey the PRESENT Magistrates in all things which may be done without wrong to Conscience and Piety . And another thus , The Apostle seemes here to goe about to take away the frivolous Curiosity of men , who often use to enquire by what right those which have command did get their authority ; But it ought to be sufficient to us , that they are in preheminence . For they did not get up to his height by their owne strength , but they are set over by the hand of God . Yet another , ( And all these chiefe pillars of the reformed Churches ) It shall not here be scrupulously disputed by what right or by what wrong Princes have gotten their power . This rather is to be done that we reverence the PRESENT Magistrates . For this Epistle was written when the Romanes had now gotten the Empire of the world , which we know they did possesse by force ; and that afterwards the Emperours by policies nothing better drew to themselves an universall power . Yet Paul doth command that Magistrates without all exception must be obeyed . And indeed how can it be otherwise ? for when a person or persons have gotten Supreme power , and by the same excluded all other from authority , either that authority which is thus taken by power must be obeyed , or else all authority and government must fall to the ground ; & so confusion ( which is worse then tituler Tyranny ) be admitted into a Common-wealth ; And ( according to the doctrine of King Iames ) the King being for the Common-wealth , and not the Common-wealth for the King , the end should be destroyed for the meanes , the whole for a part . If a Masters mate had throwne the Master over Board , and by power would suffer no other to guide the Ship but himselfe ; if the Marriners will not obey him commanding aright for the safe guiding of the Ship , the Ship must needs perish and themselves with it . So that whereas some speake of ill consequences , if this Doctrine be received , they may here see worse consequences if it be not received ; and wise men should see the consequences on all sides , and judge upon the whole . And surely whatsoever ill consequences may appeare upon obeying , they appeare at more distance , but confusion and destruction come in presenty upon disobeying . The Common-VVealth is presently put unto Ungovernment and Confusion by inobedidience ; or into sedition , civill warre , yea destruction , by striving against a prevalent power . Therefore as that which hath the lesse ill consequences , not ours only , but generally all Nations have given obedience to power ; and both sought and received Lawes and Government from those , that have overpowred them . But indeed the question is properly here what is lawfull , and not what ill consequences the corruption of man may worke upon that which is lawfull . And as to the lawfulnesse , we have seen before what Scripture , Divines , Reason , and general practice have resolved , and taught . And whereas some speake of a time for settlement , they indeed doe rather speake for a time of unsettlement ; for they will have an unsettlement first , and a setlement after . And whereas like doth produce its like ; yet they would have an unsetlement to beget a setlement . They would have confusion , distraction , destruction to bring forth order and safety . But the former Scriptures speake not of the future , but of the present time ; not of obeying those that shall be powers , and shall be in authority ; but the powers that are , and those that are in authority . Neither doe the Casuists and Divines speake of obedience to those that shall be setled but those that are in actuall possession of authority . Neither did our Ancestors in the former examples defer obedience to the Kings that came in by power without Title ; but gave it presently , being presently vested and possessed of authority . Besides , let it be considered whether that may not be called a settlement , how soone soever it is , when there is such a way setled that men may have Justice if they will , and may enjoy that maine end of Magistracie , to live a peaceable life in godlinesse and honesty . And indeed when one is in possession by power , and another pretends a Title , what can the maine body of a Nation which consists of the Common-people doe in this case ? They cannot judge of Titles ; but they see who doth visibly and actually exercise power and authority . Yea even learned men , and States men have beene found ignorant of the former observations , of the not succeeding three in order of blood since the Conquest ; and then how should the Common people know it ? Yet further , even Peeres , chiefe Cities , Parliaments , and all having to one in every three , thus subjected themselves upon termes of power and not of right ; what can be expected but that what hath been done , may or shall be done hereafter ? especially when in this present age obedience is given to the Lawes and Commands of those Princes . But some say that there are Oathes that justifie disobedience to the present Government . Surely Oathes are sacred bonds and reverent obligements , and where they doe not themselves leave or make us free , we are not to cut or breake them in pieces ; Yet concerning these there are faults on both hands : On the one side the slighting of an Oath , ( and such is the comparing it with an Almanack ) which is a light aswell as an unproper comparison ; except it were such an Oath as was made onely for a yeare ; But we finde some part of the Vow and Covenant to speake of all the dayes of our lives , which doubtlesse may lye on many of the takers for many years ; True it is that the obligation of some things may end , because they can no longer be kept , as that of the Kings person ; for to impossible things there is no obligation : but will any man that understands , and savours Religion and Piety , say that the clauses which concerne Religion and Piety are expired ? Did we promise to God in our severall places and callings , to extripate Profanenesse , Heresie , and Blasphemy , and to endeavour a reformed life in our selves and ours ; onely till our Enemies were overcome , and then to make an end ? What were this but to say unto God , If thou wilt deliver us , we will be bound to thee till we are delivered and no longer ? Would this invite God to deliver us from our enemies , or rather to keepe our Enemies still in strength against us ? least we being delivered from our Enemies should not serve him in righteousnesse and holinesse all our lives . Surely this is too like that course of carnall Israel , of whom it is written , When he slew them , then they sought him , and they enquired early after God ; but their heart was not right with him , neither were they stedfast in his Covenant . Much more piously and faithfully a reverend and truly spirituall Divine ; A well grounded Covenant is a sure , a firme and an irrevocable Act. When you have such an All This ( and such you have ) as is here concentred in the Text , to lay into , or for the foundation of the Covenant ; the superstruction ( is aeternitati sacrum and ) must stand for ever . But on the other side there are other faults ; such are the urging of an Oath or Covenant against enemies , and not against friends in one and the same Action ; and if not altogether so , yet a slight and diminishing charge of it upon one , and a vehement and aggravating charge of it upon the other . Another fault may be , a stiffe insisting on one part , and a neglect , or at least silence in another part ; as likewise when by event two parts of it come to be inconsistent , to chuse and inforce the keeping of the lighter or lesse necessary part , and to give way to the losse and not keeping of the greater . There is another , in racking an Oath or Covenant , to make it speake that which it meant not . And here it were good to consider , whether there be any clause in any Oath or Covenant , which in a faire and common sence forbids obedience to the commands of the present Government and Authority , much lesse when no other can be had , and so the Common-wealth must goe to ruine . And whether it forbids obedience to the present Authority more then to Lawes that have beene formerly enacted , by those which came in Authority meerely by power ? If it be said that in the Oath of Allegiance , Allegiance is sworne to the King , his Heires , and Successors , if His Heires be not his Successors , how doth that Oath binde ? either the word Successors must be superfluous , or else it must binde to Successors as well as to Heires ; and if it binds not to a Successor , that is not an Heire , how can it binde to an Heire that is not a Successor ? And if you will know the common and usuall sense ( which should be the meaning of an Oath ) of the word Successors , you need not so much aske of Lawyers and learned persons , as of men of ordinary knowledge , and demand of them , Who was the Successor of William the Conqueror , and see whether they will not say William Rufus , and who succeeded Richard the third , and whether they will not say Henry the seventh ? and yet ( as it appeares before ) neither of them was Heire . So it seemes in the ordinary acception the word Successor is taken for him that actually succeeds in Government , and not for him that is actually excluded . And as in Language the ordinary acception of a word is to be taken for the meaning , so that meaning is to be understood as most proper to have been taken in an Oath . Yet withall this Quaere may be added ; While the Son is in the same posture in which the Father was , how comes this Oath at this time to stand up and plead for disobedience in regard of the Son , that was asleep and silent in regard of the Father ? But now let us enter into the question of active obedience , and Acting under this present power and Government . But first let this be premised , That this present power is in possession of the whole Land , and no visible force to oppose or overbeare it , and so it is not like that betweene David and Absalom , where David had an Army in veiw that might , and did overcome . And next , That a course of Justice , or giving right is opened at Westminster , and through the whole Nation ; And this being the present state of the Nation , let us examine whether it be lawfull to Act in such a State ? True it is that some hold it wisedome , and some hold it duty , to be quiet , and not to Act. But , first , it hath bin proved before that obedience to such a power in good things is lawfull . Now if obedience in good things be law full , then Acting for Justice and Order being good things , and commanded , it is lawfull to obey that command . Secondly , if all should not Act , I think the not Actors would fall short of their supposed and intended quietnesse , and the wisedome they placed in it : For by non-Acting in the way of justice the whole ( and themselves among the rest ) would lye open to Injustice spoyle and destruction , and so be far from quietnesse . And indeed what reason is it , that those that will not Act , because they hold it unlawfull , should expect that others should doe an unlawfull Act to benefit them ? And why should others give right to them that will not give right to others ? Thirdly , It is cleared in this discourse , that those who have gotten to be powers ( though by force ) yet ought to give justice to those whose Goverment they have undertaken . And againe , That the people may lawfully demand it . But is it possible that one or a few persons in supreme power can distribute justice to a whole Nation without subordinate Agents ? So that to say , None may lawfully Act under the supreme power in distributing of Justice , and Government , were to say upon the matter , That he should give no justice , and that the people should have no justice at all . And then how absurd is it to teach that the people may lawfully seeke justice of him , which they cannot receive ? and that he is bound to give justice , but none are allowed by whom he may give it ? Fourthly , This Doctrine of not Acting is the very Doctrine of Levelling . For when no man may Act to give justice , may not every man take freely from his Neighbour , what he list , and so levell the Rich with the Poor ? unlesse this make it unlike , because worse then Levelling , That those who have most force , will have most ; yea some all , and others nothing ; and so to avoid Acting under a supposed Tyrannical Government unto justice and order ; there shall be Tyrants in every place or parish , who shall Act to disorder and oppression , and no property , justice , nor Government at all left amongst us . And surely I thinke David out of his love to Israel would not have wished such an Estate , to Israel under Absalom , had he the whole in possession , and himselfe no force on foote to recover it ; nor would he have desired such an unsettlement to procure his settlement . And hence ariseth that which they call an Interpretative consent of the people ; because it is understood and supposed that every rational man doth consent , that there should be order , property and right given to every Member of a Common-Wealth under a Tyrant , rather then all to be under confusion oppression , Robberies , & Murders . Fifthly , how could Ezra and Nehemiah justifie their Acting under the Persian Monarch , who had no right to the Crown of Iudah either by blood or just conquest ? Yet Ezra was authorized by him to set Magistrates , fine and imprison and put to death ; And he exerciseth authority , in making the people of Israel to sweare , and to enter into a Covenant , & in sending forth a Proclamation to all the Children of the captivity , that they should gather themselves together to Jerusalem ; And that whosoever would not come within three dayes , all his substance should be forfeited . Nehemiah also Acts as Governour , and rebuketh the Nobles , and Rulers , and sets a great assembly against them , because of their usury . He also called the Priests and took an Oath to performe the promise of leaving that Vsury . He acknowledgeth also that he was Governour there about twelve yeares , and he gave his Brother Hanani and Hanaiah Ruler of the Palace charge over Jerusalem . So he did both Act himselfe , and others Acted under him . We finde also that at that time there were Rulers of the people that dwelt at Jerusalem , and Nehemiah contended with the Rulers and Nobles , made Treasurers , commanded the Gates●to be shut before the Sabbath , threatned to lay hands on the Merchants , that lay at the Gates , smote certaine of the Jewes , and pluckt of their haire , because having married wives of Ashdod , their Children spake halfe in the language of Ashdod . Sixthly , Let us heare what before these times and before our case was in being hath bin taught in point of Acting ; and upon what grounds it hath bin aproved . An author eminently learned and skilfull in the doctrine of lawgiving saith thus : No man may punish or condemn another even with a just punishment , except he have publique power , which a Tyrant cannot give . But in this there must be a consideration or subdistinction . For in rigor this is true as to the Tyrants part ; yet it so happens that the Common-wealth because it cannot resist him , doth tolerate him , and suffers it selfe to be Governed by him ; and doth tacitely consent , and will that justice be administred by him , for the reason already touched , because it is a lesse evill to be Governed by him , then altogether to want just coaction and direction ; and then it shall not be a sin to obey even in the things aforesaid , because the consent of the Common-wealth doth supply the defect of the Tyrants power . Another thus , That his sentences are valid , is proved . Because his sentences , and just commands although they have not force from a Tyrannicall power , yet they have it from elsewhere . First , and inchoatively from the law of nature , which such a State of things being supposed , doth dictate that obedience must be given for the Common good , otherwise all will be full of Thefts and Roberies . Secondly , and compleately from the Common-wealth ; and that either because while that State endures , it gives authority to him by a tacite consent , while it will's that he administer justice , and use his usurped Office in a due maner , or rather because it doth tacitely approve his commands , and Acts being agreeable to the Lawes and Common good , and will's that his just sentences , whereby the suites of the people are decided , and the guilty are punished , shall be valid and binde the subjects ; for except they were valid and did binde , no man would obey , but onely in shew but every man would secretly doe the contrary with a great inconvenience to the Common-wealth . Now the Common-wealth may give this force to the sentences , and Acts of a Tyrant , because it is superiour to all single persons , though it be opprest with Tyranny , and may account the just sentence of a Tyrant as its owne . Thou wilt aske , whether a Tyrant doe sinne the sin of murder , and be bound to restitution , if he put to death guilty persons , or deprive them of their goods according to Law ? I answer negatively ; Because the Common-wealth doth tacitely give him authority hereunto , while it doth consent , and desire , that this should be done by him . Thus is the authority of Acting in this case grounded upon a tacite or implyed consent , which consent is the very dictate of nature or common reason , because it is better to have some justice then none at all , some coercive power and Government , then that all be left to disorder , violence , and confusion . I will shut up all with the result of a disputation more full and comprehensive , then most I have met with on this subject . And therein I present to consideration , First , The moment and weight of the Authors reasons . Secondly , The probability and likely-hood of the clearenesse of his reasons ; bebause they seeme to proceed from a judgement cleare and free from the Byas of affection . Yea his judgement herein did swim against the streame of his affection ; for he perswades an obedience to the Government of a Governor that he loved not . And I wish this Ingenuity and clearenesse , were at least no lesse amongst us . He wrote in the raigne of Queene Elizabeth to whom in the language of Rome he gives the terme of impious , &c. and takes notice of her as a Tyrant , and by sentence of the Church turned out of all right to princely authority , yet after some praevious Assertions concerning this subject , he comes to A fourth Assertion . To a Tyrant in facto esse ( or possession ) by Tyrannicall usurping a Kingdome , or tyrannicall holding it , being by the sentence of the Church deposed from it , but yet governing because he cannot be repelled by the subjects , The people are bound in Conscience to give obedience , if he command and decree things that are just . Having laid down this Assertion , he proceeds thus ; As Christians dwelling in Asia , are bound to obey the just lawes of the Turke , and the Catholikes in England , the just lawes of that Impious Queene ; This is thus proved ; The people are bound in conscience to agree unto , and observe those things which are altogether necessary , to their Common-wealth , either simply and absolutely , or at least for that State wherein they are . But to obey a Tyrant , commanding just things as long as he cannot be repelled , and a lawfull Prince obtained , is for that State and Time altogether necessary to the Common-wealth , for the preservation of it . Therefore the people are bound to obey him . The Major with the consequences is manifest . The minor is proved : First , because that a Tyrant being powerfull in strength , and now peaceably ruling , there would follow an extreame perturbation , and confusion in the Common-wealth by not obeying him ; and the people should more hurt their Common-wealth by not obeying then the Tyrant himself , when he commands just things , by his Tyranny . Secondly , Because to the good Government of a Common-wealth , especially when things are so desperate and deplorable , it is requisite , as an onely remedy , that there be a judge which should compose strifes and controversies among the people , and to whom all then should give obedience ; otherwise men in such a time could not live civilly , nor be secure in their Houses ; a lodger could not be safe from him , with whom he lodgeth , nor a Neighbour from his Neighbour : But at such a time no other judge may be had that may performe this but the Tyrant . Therefore when he commands just things , the people are bound not onely outwardly , but even in conscience to obey him . Thirdly , When a Tyrant doth now peacebly govern and cannot be repelled , it would be a great scandall and perturbation to the Common-wealth not to obey him . And it is thus proved ; In the common opinion of Doctors there is this difference betweene an expresse consent of the Common-wealth and an interpretative , that an expresse consent is required to choose a person , and make him a true Prince ; But that Subjects be bound to obey , even one that is not a true Prince , an interpretative consent is sufficient , because the publique good of their Common-wealth doth require it . For rationally and prudently people are judged to consent to those things that are necessary for their Common-wealth ; But in this case ( as it is plaine ) it is most expedient for the peace and good of the Common-wealth that people should obey such a Tyrant . Therefore at le●st by an interpretative consent they are bound in conscience to performe and obey his just and honest commands . All these things are confirmed ; First , out of the sacred Scriptures , out of which and Histories it is manifest that the Romans by Tyranny did possesse Iudea in that very time wherein Christ and John Baptist did preach ; But neither Christ nor John nor the Apostles did teach that the people should not obey them , but the contrary . Christ , Matthew 22. did teach that Triubte was to be given to Caesar , yea himself did give it . Neither did he say , that he was free , because obedience should not be given to one that Tyrannically Reigned , but because he was the Son of God , and of David . Iohn Baptist , Luk. 3 , when the Souldiers ( which no doubt were the Souldiers of the Romanes ) did aske of him what they should doe , he did not command them to quit their Souldiery as servants of a Prince that was a Tyrant , but this onely that they should doe violence to no man a●d be content with their wages . Wherein he did rather perswade them to continue in the service of Caesar . Moreover , Christ said unto Pilate who had no authority but from Caesar , thou shouldst have no power of me , &c. and 1 Pet. 2. Be ye subject either to the King as supreame , or unto Governors as those that are sent by him . Now there was no King then but Caesar , nor any Governor but such as was appointed by him . Lastly , to an Argument objecting that the judgement of a Tyrant is of his part usurped and void because his authority is usurped he saith : That nevertheles on the peoples part they ought in conscience to obey him , if his sentence were Iust and his Iudgement lawfull , because the people are bound to chuse a lesse temporall evill to avoid a greater . By the lesse evill which is obeying him , they avoid the perturbation of the Common-wealth , which would be a much greater evill ▪ And againe , because his judgements may in some reason be called the judgements of a true judge inasmuch as he is tollerated of the Common-wealth by an interpretative consent , which is sufficient that the people are bound to obey him in conscience , whence also it doth follow that not onely the people ought to obey him in conscience , but that the Tyrant himselfe which giveth such judgements doth not sin , yea rather he should sin if he did not give them , as long as he retaineth the Office of a Prince , though he be bou●d in conscience to leave his principality , or endeavor by honest meanes , that by the Common-wealth he may be chosen for their Prince . A taking leave of this subject . I have ( I confesse ) in this subject gone out of the ordinary path of my employments in meditation and writing , but I did it occasionally out of zeale to peace ; and that which I beleeve to be truth ; being very sorry to see well meaning and ( I hope ) pious persons , by not obeying , swiftly and resolutely to goe out of the way of Peace , and ( as I suppose ) of truth ; At least it seemed to me a sad thing that those who had not searched the grounds of that which they held to be truth , yet did certainely endanger the losse of peace for that which they had not searched , and by searching found certainely to be truth . Yet I wonder not much if truth in this point be not commonly knowne in this Nation , since amongst the Protestants in this Nation for these last fourescore years there hath been little debate of it . But having gathered the substance and summe of those grounds which in my judgement make out this truth , That it is lawfull to obey the present Government , and having shewed that this truth hath beene anciently held and is not newly invented to serve present turnes , and that either it may be beleeved , or at least not condemned , unheard and unknowne , I shall now desire leave to retire and return to my more proper worke , whereof I have so much in my hands that I cannot well expect a life now come farre into the yeare accounted to be the terme of life should have time to dispatch . If the grounds proposed be sound ( as we have seene them thought so by men of great judgement ) I hope they will stand against all waves and winds , and they will finde Patrons who have both strength of body and minde to maintaine them ; if they be proved unsound , I would not mainetaine them if I could . FINIS . Notes, typically marginal, from the original text Notes for div A57696e-120 Rom. 13. Potestatis nomine , intelligo Magistratum , qui est cum porestate & autoritate ; maluit ●amen Apostolus ipsam potestatem nominare quàm hominem , &c. R●lloc . in locum . 1 Tim. ● . ● . Acts. 18. 1. 2. Timore cadis exterritus prorepsit ad solari●m pr●ximum , interque praetenta foribus vela se abdidit ; la●entem , discurrens sorte gregarius miles ●im●dversis pedibus , èstudio sciscitandi quisnam esset , agnovit , extractumque & prae metu ad gen●a sibi accidentem Imperatorem saluta . vit. Hinc ad alios commilitones fl●ctuantes , nec quic quam ad huc quàm frementes perduxit . Ab his lecticae impositus , & quia servi diffugerant , vicissim succollantibus , in castra delatus est . tristis ac trepidus miserante obvia turba , quasi ad paenam raperetur insons . Receptus intrae vallum inter excubias militum pernoctavit , aliquanto minore spe quàm fiducia . Nam Consule cum Senatu , & cohorribus urbanis forum capitoliumque occuparunt , asser●uri comunem liber●atem , accitusque & ipse per Tribunum plebis in curiam ad suadenda quae viderenter , vi se & necessitate teneri respondit . Verum postero die Senatu segniore in exequendis c●natibus per taedium ac dissentionem diversa censentium & multitudine quae circumstabat , unum rectorem jam & nominatim exposcente , a●matus proconciene jurare in nomen suum passus est , promisitque singulis q●i●adena H. S. primus Caesarum fi●em militis , etiam premio pigneratus . Sueton in Claudio . Agrippina velut dolore victa , & solatia conquirens , tenere amplexu Britannicum , veram paterni o●is effigiem appellare , &c. & Antoniam quoque & Octaviam atti●uit , & cunctos aditus cust●diis clouserat , crebroque vulgaba● ire in melius valetu dinem principis , quò miles bo●a in spe●●ge●et , tem usque prosperum ex monitis Chaldaeorum attentaret . Tunc medio die● , tertio ante idus Octobr. foribus pala●ii repente diductis , comitante Burrho Nero egreditur ad cohortem , quae more mili●i● excubiis adest , ubi monente praefecto , festis vocibu● exceptus , inditur lecticae . Dubitavisse quosdam ferunt resp●ctantes rogitanesque ubi Britannicus esset ? Mox●nullo in diversum auctore , quae offerrebantur secuti sunt . Illatusquecastris Nero , & congruen●ia tempori praefatus , promisso donativo ad● exemplum paternae largitionis Impe●ator consalu●atur . Sententiam militum ecuta patrum cousul●a , nec dubita●um est apud provi●cias . Tacit. Annal. Lib. 12. See Speed in H. 7. n. 1. & Seq. Dicendum est , licitè subditos ab eo ( qui●y rannus jure & titulo est ) jus pe●ere , quià quamvis jus & titulum non habeat , respublica tamen tacitè consemit in hoc ut civibus ipsi Tyranno , Facto , non jure subditis , jus dicat , a●si esset competens j●dex & ●legitimus superior . Item , si mandat● tyranni sint aequa , & justa , parendum est . Azor. Inst. Mor. Par. 2. Lib. 11. Cap. 5. Non peceat subditus tyranni , qui dominium & jurisdictionem alicujus di●ionis usurpavit , petendo ab eo justitiae administrationem , &c. Si quidem dat operem ut qui pe●●at jurisdictionem usurpando , non peccet etiam justitiae administrationem praetermittendo ; Ex Navarri manual . cap. 1● . n. 41. Si mandata principis , alioqui Tyanni , sint aequa & justa , parendum est . Alsted . Theol. Cas. Cap. 17. Civilem & ●erilem expresso verbo sanxit . Gen. 9. Qui sanguiuem hominis fuderit , ejus sanguis etiam fundetur a● homine . Non u●ique à quovis ; prohibuit enim , non occides : Sed à Magistratu divin●●us ordinato . Nec refert quibus modis vel ar●ibus Nimrod , Ierob●am , ou● alii regna sibi paraverint . Nam aliud est po●estas quae à Deo est ; aliud acquisitio et usus potestatis . P●rae . in Rom. 13. Potestatis Nimrodi initium fuit quidem malum , &c. Quum igitur quaeritur cui parendum , non est spectandum qualis sit qui potestatem exercet , nec quo jare vel in injuriâ , quis potestatem in vaso●it , quave ratione eam administret , sed tantum si potestatem habeat . Si enim quis potestate ●lle● , ●am in dubitatum est illum adeo cam potestatem accepisse , unde si●e omni exce●tio ne illite permi●●as opertet & pareas exanimo . Bucer in Rom. 13. Ex Apostolo estensum christian●cum quaeritur cui parendum , in hoc unum respiciend●m esse , quisnam ibi , u●bi ipse agit , potestatem habeat . id . Ibid. Fit frequenter ut , vel alieni vel in●igene , 〈◊〉 seditiones aut vi operta Remp invadant . At quicquid horum sit , non est sub ditorum vel Reip. forman mutare velle pro suo arbitrio , vel de sui principis jure seditiosius distu●a● , sed simpliciter Praesentibus Magistratibus obe●ire debeut in omnibus quae illaesa con●cien●i● , & salvâ pietate fieri possant , Gaulter in Rom. 13. Vide●ur Apostolus voluisse tollere frivol●m hominum curiositatem , qui saepe solent inquirere , quo jure adepti fuerint potestatem , qui rerum potinatur . Satis qutem nobis esse debit quod praesum . Non enim cons●enderunt sua ipsi virtute ad hoc fa●●igium sed monu domi●i sunt impositi . Calvin in Ro. 13. Nihil hic auxie dispu●andum est quo jure , quive injuriâ principes adepti sint potestatem suam Illud potius agendum est , ut Magistatus Praesentes revereamur , Haec enim Epistola scribebatur , cum Romani jam adepti●ssen● imperium ocbis terrarum , quod eos per vim scimus occupasse , & posteà Imperatores a●●ib●s ●ihilo melio●ibus rerum summam ad se pertraxisse . Paulus tamen sine omni exceptione praecipit obedie d●m esse magistratibus . Pet. Martyr in Rom. 13. Ad pauca respicien●es è facili judicant . Attestatur hoc esse lici●um c●●n unis usus Omnium qui sub Tyrannis & dubjis dominus degunt dum absque conscientiae scrupulo passim omnes ad ●yrannos & dubios dominos recurrunt , acsi essent Domini . Caje● . Sum. Verbo Tyrannus . What right had William surnamed the Conqueror ? what right ( we speake of a Right of equity ) had his Son William the second , and Henry the first , while their elder brother lived , &c. Parliaments as Kingdomes , give their voice with power ; & he who hath the force doth commonly carryed the effect of Right Speed in H. 4. The King ( H 7. ) made speed to London as to the chiefe seate and Epitome of the English Monarchy , &c. The Mayor of London and his Fellowship received him in Violet at Ho●nesey Parke ; but his entrance ( which was at Shordi●ch ) was honoured with a very great troope of the Peeres and Nobles in his Trayne , &c. The whole House of Parliament concurring finally in establishing by a solemne Act , the Crowne upon him and his Heires for ever . Id. in H. 7. Regula juris . Impossibilium ●ullaest oblgatio Psal. 78. 34. Mr. Carill in his Sermon upon Nehe. 9. 38 concerning the Covenant . Octob. 6. 1643 Quando res illa quam quis jurame●●o confirmavit , est nimis ardua ; aut quando quis qui juravit , ex mutatione virium vel for●●ae effectu● est parum a●●us ad id exequendum ; aut deniq , quando res juramen●o confirmata est juranti impedime●o , n● bono publico consulat , tunc est legitima caus● dispensandi in jur●mento . Sayr . lib. ● . c. 8. n. 12. Si id quod jura mus primò fueri●li ci●um , poste● causis aliis intervenientibus illicitum ●i at , aut etiam impossibile , tum nullo modo conscientiam obligat . Alsted . cap : 15. n. 13. Iusjurandum in foro conscientiae semper est interpretandum juxta mentem jurantis ; at inforo exteriori seu ju diciali semper est judicandum secundum communem sensum , quem ipsa verba reddunt , & secundum communem hominum usum . Alsted . cap. 15 n. 13. And one who hath lately written for infant Baptisme , according to our Saviours rule of salt , and peace , with sharp reasons and milde language , hath these words . If one of our late Kings Sons should be crowned King of Scotland or Ireland onely , he could not be said to succeed the King of England ; because the subject of his Government in regard of latitude , is changed , and he comes not in his Fathers roome as King of England . Mr. Drew . page . 32. See Master Aschams Discourse ( that hath in it both judgement and learning ) concerning possession , part . 1. chap. 6. & sequ. & part 2. ch. 4. pa. 88. Ezra 7. 25. Ezra 10. 7 , 8. Neh. 5. ● . &c. Neh. 7. 2. Neh. 13. Nullus potest exequi vel condemnare alium etiam in poena justa , nisi habe at publicam potestatem quam Tyrannus dare non potest . Sed in hoc etiam advertendum seu subdis●in guendum est . Nam hoc in rigore verum est , quantum ex parte Tyranni ; contingit autem ut Resp. quia non potest illi resistere , toleret illum & ab eo se gubernari sinat , & tacitè consentiat , ac veli● justitiam per ipsum administrari propter rationem tactam , quia minus malum est per illum gubernari , quàm omnino carere justa coactione , & directio e , & ●u●c non erit peccatum obedire etiam in dictis rebus , quia Reip. consensus supplet defectum , potestatis Tyranni . Suarez . de Leg. lib. 3. cap. 10. Sententias ejus esse validas probatur . Quia ejus sententiae & justa mandata et si non habent vim à Tyrannica potestate , habent tamen aliunde primò & inchoative à jure Naturali , quod supposito tali rerum statu , dictat esse obtemperandum propter bonum commune ; alioqui omnia essent plena furtis e● latro●i●ijs . Secu●● & completè à republica , idque vel quia durante illo statu , tacito quodam consensu dai ei authoritatem , dum vult ut ille justitiam administret , & officio usurpato debito medo fungatur , vel potius quia tacite approbat ejus mandata , & acta , legibus & utilitati communi consentanea , & vul● sententias justas quibus lites civium dirimuntur , & sontes plectantur , esse valida● , & subditos obligare nisi enim validae essent & obligarent , nemo nisi in speciem ob●emperaret sed quisque occulte faceret contrarium , cum magno Reipublicae incommodo potest autem Republica hanc vim sententiis & actis Tyranni dare , quia est singulorum superior , etiamsi Tyrannide sit oppressa , & justas Tyranni sententias pro suis habere . Petes , utrum Tyrannus peccet peccato homicidii , & teneatur ad restitutionem , si s●ntes secundum ordinem juris interficiat aut bonis spolier ? Respondeo , negamus ; Quia Respublica tacitè ad hoc tribuit illi authoritatem dum consentit & cupi● ut hoc faciat . Le●●ius de Justitia & Jure , lib. 2. cap. 25. Dubitat . 9. Quarta assertio . Tyrann● in facto esse , sive quia tyrannicè regnum usurpavit , sive quia Tyranniceillud reti●et , quo jam per sententiam Ecclesiae expoliatus est , regnat autem quia à subditis non potest repelli , tenentur cives in foro animae si justa pr●cipiat & judicet , ●bedire . Vt Christiani degen●es Asiae tenentur justis Turcae , & Catholici agentes Angliae , legibus justis illius impiae Reginae obedire : Probatur . Tenentur Cives in conscientia consentire & servare ea quae sunt omnino necessaria suae Reip. vel simpliciter & absolute , vel saltem pro tali statu : sed obedire Tyranno justa praecipienti quandiu repelli non potest , & haberi legitimus princeps , est pro tali statu & tempore omnino necessarium Rei● ▪ ad ejus conservationem . Ergò tenentur cives illi obedire . Maior cum consequentia aper●a est ▪ Minor probaiur . Primò quia cum Tyrannus ille sit poten● viribus , & jam pacificè dominetur , sequeretur maxima perturbatio , & confusio in Republicâ non obediendo illi , & plus no●erent cives suae Reip. non obediendo quam ipsemet Tyrannus cum justa praecipiat , sua Tyrannide . Secundò , quia ad bonam Reip. gubernationem maxime in rebus tam desperatis & deploratis , expedit tanquam unicum remedium ut sit aliquis Iudex qui componat lites & controversias inter cives , & cui ●uno omnes obediant aliter non possent homines tunc civiliter vivere , nec securi esse in domibus suis , non esset hospes , ab hospite tutus , n●e vicinus a vicino ; At tunc n●● potest haberi alius judex qui i● praeste● nisi ille Tyrannus . Ergo cum justa praecipiat , non solum exterius , verum etiam in conscientia tenentur , cives obedire illi . Tertio quando Tyrannus jam pacifice gubernat nec potest repel●● esset grave sca●dalum , & perturba●io Rep. illi non obedire . Et confirm . Hoc interest ex communi sententia D. D. inter consensum exp essum Riep , et interpretativum , quod expressus requiritur ut quis eligatur & instituatur ve●us princeps , at ut subditi 〈◊〉 ●antur obedi re etiam non vero principi , sufficit interpretativus , quandoita exigit b●num commune suae Rep. quia rationaliter ▪ & prudenter judicantur cives consentire in necessaria suae Reip. Sed. in hoc casu ( u●constat ) maxime expedit ad 〈◊〉 & bonum Reip. cives tali Tyranno obedire : Ergo per 〈◊〉 sa●●m interpretativum 〈◊〉 in conscientia justis & honestis praecepis illius stare & 〈◊〉 Con●●rman●●r haec omnia prim● ex sacrascrip tura , ex qua & historiis constat Romanos per Tyrannidem occupasse Iudaeam eo tempore quo Christus , & ● Iohannes Baptista praedicabant ; at neque Christus , neque Iohannes neque , Apostoli docuerunt , ne illis obedirent , imò ipse & reddidit , nec asseruit se liberiū , quia non esset obediendum Tyrannice imperanti ; sed quia erat Filius dei & Davidis . Joan Bap. Luc. 3. militibus quaerentibus ab ips● ( quos dubium non est quin essent milites Romanorum ) quid facerent non praecepit ut militiam desererent quasi ministri principis Tyranni , sed hoc tantum [ ut neminen concuterent , & contenti essent stipendijs suis ] ubi potius suasit stare in mili●ia Caesa●is . Pilato etiam qui nullam authoritatem habebat nisi a Caesare , dixit Christus [ non haberes in me potestatem , &c. ] Et. 1. Pet. 2. [ subjecti estote sive Regi tamquā praeexcellenti , sive ducibus tanquam ab eo missis● ] Nullus autem Rex tunc erat nisi Caesar , neque ullus Dux nisi constitutus ab eo . Ad argumen●um in appositum dico judicium Tyranni ex parte judicantis esse reverà usurpatum , & sententiame jus nullam , quia proxim● causa talis judicij & sententiae , nempe authoritas ejus est reverà usurpata & nulla , ex parte veriò civium esse illi obedi●ndum in conscientia tanquam justae sententiae , & legitimo judicio , quia tenentur cives eligere minus malum temporale , ad vi●andum majus , & per minus malum , quod est obedire illi , vitant perturbationem suae Rep. quae esset multo majus mal●m . Tum enim quia judicia hujus possunt quadam ratione dici judicia veri judicis , qua●enus tolerantur a Rep. per consensum interpretavum , qui suffcit ut tenantur cives obedire illi in conscientiá . Ex quo etiam sequitur , non modo ●ives debere il●i in conscienti● obedire , ve●um etiam tyrannum ferentem tales sententias non peccare , quini●o peccaret nisi i●tas f●rret , quandu mu●us principis retinet , quamvis teneatur in conscientià principatum relinquere , aut eni●i medijs honestis ut a Rep. in suum principem eligatur . Michael Salon de justitia . 〈◊〉 jure . Quaest. 60 Art. 6.