State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

CHAP. III. Of OBEDIENCE.

I. NO Man has any more Civil Authority than what the Law of the Land has vested in him; Nor is he one of St. Paul's Higher Powers any farther, or to any other purposes than the Law has impowr'd him.

II. An Usurped, Illegal and Arbitrary power, is so far from being the Ordinance of God, that it is not the Ordinance of Man.

III. Whoever opposes an Usurped, Illegal, and Arbitrary Power, does not oppose the Ordinance of God, but the Violation of that Ordinance.

IV. The 13. of the Romans commands Subjection to our Temporal Governours, * 1.1 be∣cause their Office and Imployment is for the publick welfare, For he is the Minister of God to Thee for Good.

V. The 13. of the Hebrews commands Obedience to spiritual Rulers, * 1.2 Because they watch for your Souls.

VI. But the 13. of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time, to obey such blessed Bishops as Bonner and the Beast of Rome, who were the perfect Reverse of St. Paul's Spiritual Rulers, and whose practice was murthering of Souls and Bodies, according to the true Character of Popery which was given it by the Bi∣shops who compiled the Thanksgiving for the Fifth of November, but Archbishop Laud was wiser than they, and in his time blotted it out.

The Prayer formerly run thus: To that end strengthen the Hands of our Gracious King, the Nobles and Magistrates of the Land, to cut off these workers of Iniquity (whose Religion is Rebellion, whose Faith is Faction, whose practice is murthering of Souls and Bodies) and to root them out of the Confines of this Kingdom.

VII. All the Judges of England are bound by their Oath, * 1.3 and by the duty of their place, to disobey all Writs, Letters, or Commands which are brought to them, either un∣der the little Seal, or under the great Seal, to hinder or delay common Right. Are the Judges all bound in an Oath, and by their places, to break the 13 of the Romans?

VIII. The Engagement of the Lords attending upon the King at York, June 13. 1642. which was subscribed by the Lord Keeper, and Thirty Nine Peers, besides the Lord Chief-Justice Banks, and several others of the Privy-Council, was in these words:

We do engage our selves not to Obey any Orders or Commands whatsoever, not warranted by the known Laws of the Land. Was this likewise an Association against the 13 of the Romans?

IX. A Constable represents the King's person, and in the Execution of his Office is within the purview of the 13 of the Romans, as all Men grant; but in case he so far pervert his Office, as to break the Peace, and commit Murther, Burglary, or Robbery on the Highway, he may, and ought to be Resisted.

X. The Law of the Land is the best Expositor of the 13 of the Romans, Here, and in Poland, the Law of the Land There.

XI. The 13 of the Romans is receiv'd for Scripture in Poland, and yet this is expressed in the Coronation Oath in that Country; Quod si Sacramentum meum violavero, Incola Regni nullam nobis Obedientiam praestare tenebuntur. And if I shall violate my Oath, the Inhabitants of the Realm shall not be bound to yield me any Obedience.

XII. The Law of the Land, according to Bracton, is the highest of all the Higher Powers mentioned in this Text; for it is superior to the King, and made him King, (Lib. 3. Cap. 26. Rex habet superiorum Deum, item Legem, per quam factus est Rex, item Curiam suam, viz. Comites & Barones) and therefore by this Text we ought to be subject to it in the first place. And according to Melancthon, It is the Ordinance of God, to which the Higher Powers themselves ought to be subject. Vol. 3. In his Commentary on the Fifth Verse, (Wherefore ye must needs be subject, not only for Wrath, but also for Conscience sake.) He hath these words, Neque vero haec tantum pertinent ad Subditos, sed etiam ad Magi∣stratum, qui cum fiunt Tyranni, non minus dissipant Ordinationem Dei, quam Seditiosi. Ideo & ipsorum Conscientia fit rea, quia non obediunt Ordinationi Dei, id est, Legibus, quibus debent parere. Ideo Comminationes hic positae etiam ad ipsos pertinent. Itaque hujus mandati seve∣ritas moveat omnes, ne violationem Politici status putent esse leve peccatum. Neither doth this place concern Subjects only, but also the Magistrates themselves, who when they turn Tyrants, do no less overthrow the Ordinance of God than the Seditious; and there∣fore their Consciences too are guilty, for not obeying the Ordinance of God, that is, the Laws which they ought to obey: So that the Threatnings in this place do also be∣long to them; wherefore let the severity of this Command deter all men from think∣ing the Violation of the Political Constitution to be a light Sin.

Corollary. To destroy the Law and Legal Constitution, which is the Ordinance of God, by false and arbitrary Expositions of this Text, is a greater Sin than to destroy it by any other means; For it is Seething the Kid in his Mothers Milk.

Notes

• * 1.1

  Verse 4.
• * 1.2

  Verse 17.
• * 1.3

  18 Edw. III. 20 Edw. III. Cap. 1.2.