A discourse concerning supreme power and common right at first calculated for the year 1641, and now thought fit to be published / by a person of quality.

CHAP. III. That Resistance in the Subject, by force, against his Lawful Magi∣strate, is in no Case Lawful.

AS the great World (even the whole frame of Nature) stands by a wise and apt combination of se∣veral Beings so contempered by Divine Providence, as all agree in a subor∣dinate Obedience to make up one entire Body without any Reluctancy, Strife, or Rebellion against the superiour and first Mover, though they are sometimes ob∣structed even to the Interruption of the whole course of things, and unhinging of many goodly pieces of it, as it were involuntarily, (as at the time of Our

Saviour's Sufferings, when all the whole Creation seemed to have Compassion of him, except Man, for whom only he suffered; the glorious Sun withdrawing its light to put on blacks, and the dull Earth trembling under the weight of our Sins.)

So likewise Man, as a Rational and the noblest of all God's Creatures, should much more observe the Law of his Ma∣ker, even the whole Oeconomy or Model of Government so deeply imprint∣ed in his Soul, where Reason is enthron∣ed for Soveraign, as a Beam or Linea∣ment of God himself, (who is the only King of Kings upon Earth) to suppress and not suffer any exorbitant and tu∣multuous rising of the lower Passions and Affections to carry it to any exorbitancy, nor to indulge it to them, which still ought to observe a regular motion in their own Sphere, and leave the supe∣rior one to God's ordering in all their Irregularities. In that it is he alone that is the first Mover in, and sole Orderer of all Humane Affairs upon Earth, (for though the Obliquity of all ill Actions be from us, the Natural Power of doing any thing is from him) by it to shew us, as by a clear light, the absolute submissi∣on (which is our Passive Obedience) we

owe our Lawful Soveraign, though Wicked, with the active in lawful Com∣mands; yet not for themselves, but the Lord's sake, and as his Ordinance;c for we are not to revile them, no not in upbraiding words.d And if we must not speak evil of the Rulers of the people, a majore, we may much less bind our Kings with Chains, and our Nobles with Links of Iron, (which only is God's Prerogative) though they be Heathenish and Tyrannous; which made David always Loyal to Saul, in all his Persecutions. (thoughe a Tyrant by the abuse of Power, not Usurpation,) even when he himself was anointed of God, and chosen to succeed the other:f And this he performed as an Obe∣dience to God: (for, The Lord forbid that I should do this thing, saith he,g) to whom only his appeal lay against Saul; though he was guilty of Murder, Sacri∣ledge, Oppression, Witchcraft, and the greatest Crimes; because that by his Holy Oyl (which is ever uppermost a∣mongst all Liquors) God did design his Soveraignty and Superiority above all others, and made him capable of reser∣ving a charge only at the Divine Tribu∣nal.h

And St. Paul in his time commanded no less Obedience to Claudius, in whose Reign he lived, (as Baronius conjectures)i knowing that a Claudius, a Nero, or a Cyrus,k because of the odour of that Oyntment of Inauguration, are to be loved, never to be rejected by their Sub∣jects: For God's Commissions to Kings are [durante beneplacito] during his plea∣sure, (who can by millions of ways take away their Aiery Beings (the only dif∣ference between Sleep and Death) with∣out an unnatural Parricide, or the rising of their People, if he think fit to ease them of such a servile condition as cruel Tyrants bring upon them) and not quam∣diu se bene gesserint, by it to make their Subjects Judges of their Actions, who are only lyable to the Directive (not Coactive and Coercive) Power of Laws. For as the Moral Law to the lively and true Members of Christ, they are only a Rule to order and guide (not to con∣demn) Kings, though, as an Ashur, the Rod of God's Wrath, the King should ly heavy upon his People in himself, or by inferiour Powers.

Much more therefore ought we to bear the Yoak of Christian Princes, (es∣specially in such a mixed Government as ours, wherein the King de facto may

invade our Liberties, but cannot with∣out consent of both his Houses, de jure, change the Laws,) and much better in∣dure Transient Acts, than a Model of Man's framing, which will be always subject to Arbitrary Changes. And thus Calvin understandsm what was im∣posed upon the Jewsn not to be pe∣culiare mandatum to them, but general, cuicun{que} delatum est Regnum ei serviendum, when he says, Ex quibus apparet subditos Regibus nec posse nec debere adversus ipsos quicquam movere, licet tyrannidem exer∣ceant. So as by his sence the higher Pow∣ero is the Power above Subjects, and only below the highest Power of all, (even God) which St. Paul there expres∣ses in the singular number often, to de∣clare this Regal and Supreme Power to be in the King, and all others derivative from him, if St. Peter's be a good Com∣ment upon it,p where he styles the King as Supreme. For, Rex non debet esse sub homine sed sub Deo & Lege, the one for direction, the other for punish∣ment: Under the Law, as a Rule; under God, as Judge of his Actions:q which made David be put in Ballance with all the People;r for their telling him he was worth ten thousand was to be under∣stood of all: As in Jude,s where

God's coming at the last Judgment is said to be with ten thousand of his Saints, instead of all, as is expressed by the Pro∣phet Zachary.t

And therefore that now received (but much abused) Maxime, That the King is major singulis, universis minor, can in its just latitude be meant only of the Origi∣nal and Fundamental Right the People had in the first Election of the Person to the Power (where God did not immedi∣ately appoint him) not of giving the Power to the Person; for that is only from God, who claims the Sword as his own Right, and will not have it used by any hand, to which he conveyes it not by Humane (which is always accom∣panied with Divine) Right. And so it is to be esteemed of according to God's revealed Will, who never instituted o∣ther Government for Civil Regiment, but commands it (as other Spiritual Fun∣ctions in the Church) for Divine Admi∣nistration; there being no happy State in the perfection of Government with∣out a Lawful King; nor Glorious Church without Episcopacy. (Nor can any o∣ther justly intitle themselves to the hav∣ing a Divine Precept or Institution for their Practise.) So as if others have the esse, they want the bene esse of Govern∣ment,

though men have found out many other inventions for both.

And therefore whosoever resist their Lawful Rulers by force, purchase to themselves Damnation, as they op∣pose the Ordinance of God, though in wicked ones, (yet Rulers if wick∣ed, are to expect the same Reward.) For, saith Bucer, the word Subject signifies a fall and absolute Subjection to Rulers, and forbids all force; because, as another ob∣serves,u to be subject is to obey; and the rather because in the worst Government of any King, the protection we receive from it doth more than ballance the E∣vils we perhaps might suffer under ano∣ther Form.w And therefore, saith the Apostle) let every Soul (as well Spiritual as Temporal) be subject to Kings, (as the best Form of Ruling) in whom by Gods Ordination the Habit of all Power re∣sides (though the Act be in his Mini∣sters) in all Causes (though not over them, but their Persons) as Supreme; (and qui tentat accipere, tentat decipere, saith Bernard.) So as none, but those that swear falsly in making a Covenant, and fear not the Lord, will say what should a King do to us?x When, as it is in the Fable of Beasts, all should agree to choose the Lion for their King, rather

than have none: For, praestat unum ti∣mere quam multos. And therefore it is probable God in his Providence (to pre∣vent Inter-regnums, the mischiefs that did follow upon having no Kingy and the tumultuousness of Popular Ele∣ctions) did settle Regal Powers in a suc∣cession of Blood first in David, though promised to Abraham, and prophesied of to Judah.z

So as that Position of the Romanists, and our new Statists, (Simeon and Levi, Brethren in Iniquity) that Princes are made by the People, because made by the consent of the People; and that People Originally make the Magistrate, not the Magistrate the People, is most false; yet thus Parsons (in his Dolman) and many others, broached that sediti∣ous Position, with divers of the same nature, to stir up the People against Queen Elizabeth, perswading them they had power to dispose of the Crown, and might depose her, and transfer the Kingdom to the Infanta of Spain; and since that time both Junius Brutus, Bu∣chanan, and others, like Sampson's Foxes, have joyned with the Jesuits in this, though standing as Extreams in other things.

But this Opinion (as a most Reverend Divine of our Church hath shewed) hath no Foundation in Reason nor Scripture. For, saith he, from the Canon, the Powers that be are ordained of God. And how can man give the Sword (the power of Life and Death over others) that hath not power to take away his own life by any Natural or Divine Right? (For as hath been said, no man can convey to another what he hath not himself:) So that Power, wheresoever placed, is an Emanation from God immediately, and so to be obeyed only where orderly setled and constituted; For the Powers that be, saith the Apostle,a (whether by Election or Inheritance, Compact or just Conquest being once legally establish∣ed) are of God, and may not be disturb∣ed by their Subjects, in a way of Arms, or Force, for any Impiety, Tyranny or Oppression whatsoever; they having no Power over the person once invested in, and discriminated by the Power all Kings have by God's Ordination; for in all changes men can only choose the per∣son, but never give the Power. As Sil∣ver that is mere Plate, if it be tendered for exchange, may be taken or left at the liberty of him, to whom it is offered; but when once stampt by the King, and

Coyned becomes currant and not to be refused. Or as Acts of Parliament, whilest Voted by the two Houses, have to this time been only Consents, but after the King's concurrence Statutes that bind the persons that Voted them, and all o∣thers; and not to be altered by them without his assent: So in Governments, or Governours, as soon as any are creat∣ed by man, whether Kings Elective or by Succession, even St. Peter's Humane Creatures are by St. Paul called God's Ordinance,b and not to be resisted nor altered at the Will of the Electors, who irrevocably part with their own Right, as the Jewish Servant (by boring) made himself a Slave.

For if there remained in them a Pow∣er dormant, to over-rule and unmake them, whom they have once submitted to, then where were decency and order?c Nay what Tumults, Disorders, and Massacres would arise from it, when Revenge would remove the one, or Ambition, Faction, and the like, set up another, to compass their own ends? (like Herodet a Persian King, who being a cruel Tyrant, when he could not find out a Law to warrant his unlawful Acti∣ons, found out another that he might do what he list.) And those that fear not

God and the King (conjunctim, as one in regard of Divine Relation and Insti∣tution) are given to such changes,d though Christ himself, as man, gave the example of submission and acknowledg∣ment of the Divine Right of Caesar's (and his Deputy Pilate's) Power,e the convi∣ction of which Truth fetcht the Confessi∣on of it from a Popish Divine,f Rege constituto, non potest Populus jugum subje∣ctionis repellere.

And though Bellarmine lays it as a Position, (as cited by Suarezg) That the People never so give up the Act of Power unto the King, but that they re∣tain the Habit still in themselves, it is contradicted by Suarezh in these words. Non est simpliciter verum Regem pendere in sua potestate a Populo, etiamsi ab ipso eam acceperit: for he adds, Post∣quam Rex legitime constitutus est, supre∣mam habet potestatem in his omnibus, ad quae accipit, etiamsi a Populo illam accepe∣rit. So Cunerisi Principis (sive Ele∣ctione, sive Postulatione, vel Successione, vel belli jure Princeps fiat) Principi tamen fa∣cto divinitus potestas adest. Otherways there would be Sword against Sword, whereas God hath made but one, be∣cause for one hand, and will still be a Repressor of the Tumults of the People,

which are more raging than the Waves of the Sea.k For that keeps its bounds, when the other will know none.l

But here it is but he that resisteth, not he that obeyeth not, that purchases Damnation. For there may be not only a lawful but a necessary Disobedience, when the Commands of our Superiours run counter to God's revealed Will,m as in Daniel and the three Children.n But even then resist not though a Nero, under whom some think St. Paul writ his Epistle to the Romans, and a little after felt some sparks of his Persecution,o as he was flagellum Domini,p by an Ordinative Permission.

Nay further, our submission to such should be ex animo, (as Aquinas glosses) because the command is omnis anima. For it is not an Eye, but a Heart-service that God requires, even to our froward and perverse Masters;q knowing that God will both recompence and protect those that suffer according to his Will, and commit their Souls to him in well-doing;r which made David conclude, They that know thy name will put their trust in thee, for thou Lord hast not failed them that seek thee, but wilt be their refuge in such times of trouble.s

Nay the duty of not resisting may also be enforced from the contrary; when Christ in saying that, If his Kingdom were of this World, then would his Ser∣vants fight,t intimates, that we owe our lives for the protection of our King's just Rights, but ought not to do any thing against them or theirs, whether concerning the Person or Posterity.

For after the free Suffrage or Submissi∣on of a People to a Successive Monarchy, the Son and next in Blood have always a just right to the Crown (as in our Kingdom) upon the death of his Father, though wanting the Ceremony of Co∣ronation, which doth but declare not convey the Right. Nor is it in the Peo∣ples Power to revoke their former Con∣cessions, no more than a Wife when she hath taken a Husband can divorce her self, or justly refuse him other duties, though he grow froward and unjust. And if it were otherwise how should we imitate Christ our General in his Passive Obedience, (as is commanded,u) keep our Covenant in Baptism, (the Epitome of Christian Religion,) and make many living Christians by one dying Saint, (in that Sanguis Martyrum est semen Ecclesiae) or be Partakers of that Spiritual Good that comes by suffering, even the Tryal

of our Faithw and Improvement of our Glory.

So as the contrary Opinion must needs proceed from Infidelity or distrust, when we will be our own (God's) Deliverers, and not rely upon Providence for the E∣vent in all Distresses, in only using such means as by his word are warrantable. And the Weapons of our Warfare, we know, are not Carnal, but Spiritual;x even our whole Panoplie being but the Girdle of Verity, the Breast-plate of Righteousness, the Sword of the Spirit, the Helmet of Salvation, and Shield of Faith,y by which we overcome the World.z And therefore Tertullian in his Apology against forcible entrance,a begins with an Absit, and concludes, We must rather be slain than slay our Su∣periours. So Ambrose,b Prayers and Tears are our only Weapons. And to that purpose speaks St. Cyprian,c Gregory Nazianzen,d with all the concurrence of the Primitive times.

Nor are we to submit for fear, (unless filial) or want of force, but Conscience sake: Nor can the New-minted Jesuiti∣cal Distinctions (of differing between the Person and the Power in their Re∣bellions, by placing it in the People, and the Administration of it only in the

King) absolve their Consciences from the Guilt, who de facto have resisted in our times; it being but a Popish Riddle (such as their Transubstantiation) in which they turn the substance of the Regality of Kings into a mere Chymera, a fan∣cyed nothing, and make Accidents to subsist without a Subject, the Supreme Power without his Person; a Paradox that neither the Gospel nor the Law can unriddle.

For they speak the contrary, in making the Supreme Power inseparable from the Person of a King,e especially ours, which is setled as well by Municipal, as Divine Law; as may appear by all the Laws of this Kingdom, both Customs and Acts, as well as by the Oaths of Su∣premacy and Allegiance,f which con∣demn such Monsters of Opinion to be illegitimate:g And if the unhap∣piness of evil times and men have de facto done otherwise, and deposed, or destroy∣ed, or rejected their Princes, they are to expect no Lawrels nor Trophies for it; the memory and monuments of them being best buryed in Oblivion: In that such Victories ought to be ashamed of themselves; for though such ways may seem right to a man, the end thereof are the ways of death.h

And thus having taken the Timber that grows upon other Mens Soyles, and squared it into a less Model for use, gathered the choicest Flowers out of other mens Gardens, and made them into a Nose-gay, fit for every hand, to refresh the Spirits of such as are fainting under the persecution of these times for their Loyalties, (there be∣ing little of mine but the Thread that binds them) drawn my Oar out of others Mines to melt it into a small Wedg or Ingot, that every one might carry a stock of Knowledg about him, as a Coun∣ter-Charm to those seducing Spirits now raised among us, to withdraw men from their due Obedience, I desire every one to treasure up something for their use: and having proved all Power to be of Divine Right, and only subject to limi∣tation in regard of Exercise, with a se∣curity against Force, though a Nebucha∣donozor, or a Jeroboami be over us, I shall proceed to speak of the Duty of Kings; in which I shall not say much, since all are Doctors and read Lectures upon that subject, being all Eye for without (none for within) to take no∣tice of the slips and failings of their Prince, which they always behold in a Multiplying-Glass, though by making

too much Window they weaken the Walls, and cause Factions and Divisions that the Roof might fall, and then I am sure the Frame will not stand long, let them seem to underprop it with never so many specious pretences; (painted, but rotten Posts:) For as the firmness and uniting of the Walls support the Roof, so the Roof covers and preserves them from many an ill Blast that would otherwise weaken and overthrow them. But I spin this Thread too long on this Subject, and therefore I here wind it up, and proceed to consider,

Notes

• c

  Rom. 13.2 1 Pet. 2.13.14 15.
• d

  Ecc. 8.4. Ex. 22 28. Act. 23.5. 2 Pet. 2. 2 Tim. 3. Jud. Epist.
• e

  1 Sam. 24.
• f

  1 Sam 16.
• g

  1 Sam. 24.6.
• h

  1 Sam. 24.12.
• i

  1 Tom. 11. An. 45.
• k

  Isa. 45.1.
• m

  Inst. 4.20. Nu. 27.
• n

  1 Sam. 8. Jer. 27.
• o

  Rom. 13.
• p

  1 Pet. 2.13.15.
• q

  Eccle. 8.
• r

  2 Sam. 18.3.
• s

  vers. 14.
• t

  c. 14. v. 5
• u

  upon Tit. 3.
• w

  Jud. 17.
• x

  Hos. 10.3, 4.
• y

  Judg. 17.
• z

  Gen. 17.6.49.10. 1 King. 11.14. Jer. 41.1. 2 Chro. 22.10.
• a

  Rom. 13.
• b

  Rom. 13.
• c

  1 Cor. 14.
• d

  Prov. 24.21.
• e

  Mat. 17.27. Joh. 9.11.
• f

  Royard. in Dom in 1. Advent.
• g

  Li. 3. c. 3. p. 224.
• h

  Defend. Fid. Cath. l. 3. c. 3. p. 225.
• i

  L. de Of∣fic. Princi.
• k

  Ps. 65.7.
• l

  Hos. 5.10, 11.
• m

  Acts 4.18, 19.5.29.
• n

  Dan. 3.4.5. chap.
• o

  Ep. 3.
• p

  Hos. 13.11.
• q

  1 Pet. 2.18. Ep. 6.6.
• r

  1 Pet. 4.19.
• s

  Ps. 9.9, 10.
• t

  Joh. 18.36.
• u

  1 Pet. 2.21.
• w

  1 Pet. 1.7.
• x

  1 Cor. 10.4. 2 Tim. 4.7.
• y

  Eph. 6.
• z

  1 Joh. 5.4
• a

  Text. 37.
• b

  L. 5. Ep. ad Aurent.
• c

  Ad De∣metriad.
• d

  Orat. 2. in Julian.
• e

  1 Pet 2.
• f

  Cook. fol. 36. 37.
• g

  See Cook fol. 8. 35. So Pref. 4. part fol. 1. Bract. l. 1. c. 8. fol. 5. 6. 16. Ri. 2. cap. 5.24. Hen. 8. C. 12. D. &c. Stu. f. 43. Dier 29. Co. 11.90.93. 1 Eliz. c. 1. 5. Eliz. 1. Cook Calvin's Case f. 11. Exilium. Henricide Spencer. 1 Edw. 3. 3 Edw. 25. Calv. B. ••0. Cook 4. Parl. Inst. fol. 46. 7 fol. 30. 2 fol. 15. 1 Jacob. c. 1.10.33. Hen. 8.21.
• h

  Prov. 14.2.16.25.
• i

  Jer. 29 7. Hos. 13.11.