A Compleat collection of papers in twelve parts relating to the great revolutions in England and Scotland from the time of the seven bishops petitioning K. James II. against the dispensing power, June 8. 1688. to the coronation of King William and Queen Mary, April 11. 1689.

A Discourse of Magistracy; of Pre∣rogative by Divine Right; of Obe∣dience, and of the Laws.

CHAP. I. Of MAGISTRACY.

I. RELATION is nothing else but that State of Mu∣tual Respect and Reference, which one Thing or Person has to another.

II. Such are the Relations of Father and Son, Husband and Wife, Master and Servant, Magistrate and Subject.

III. The Relations of a Father, Husband, and Master, are really distinct and different; that is, one of them is not the other; for he may be any one of these who is none of the rest.

IV. This distinction proceeds from the different Reasons, upon which these Relations are founded.

V. The Reason or Foundation, from whence arises the Re∣lation of a Father, is from having begotten his Son, who may as properly call every old Man he meets his Father, as any other Person whatsoever, excepting him only who be∣gat him.

VI. The Relation of an Husband and Wife is founded in Wedlock, whereby they mutually consent to become one Fle••h.

VII. The Relation of a Ma••ter is founded in that Right and Title which he has to the Possession, or Service of his Slave or Servant.

VIII. In these Relations, the Names of Father, Husband, and Master, imply Soveraignty and Superiority, which varies notwithstanding, and is more or less absolute, according to the Foundation of these several Relations.

IX. The Superiority of a Father is founded in that Power, Priority, and Dignity of Nature, which a Cause hath over its Effect.

X. The distance is not so great in Wedlock, but the Supe∣riority of the Husband over the Wife, is like that of the Right-Hand over the Left in the same Body.

XI. The Superiority of a Master, is an absolute Dominion over his Slave, a limited and conditionate Command over his Servant.

XII. The Titles of Pater Patriae, and Sponsus Regni, Father of the Country, and Husband of the Realm, are Metaphors and improper Speeches: For no Prince ever begat a whole Country of Subjects; nor can a Kingdom more properly be said to be married, than the City of Venice is to be Adriatick Gulph.

XIII. And to shew further, that Magistracy is not P••ternal Authority, nor Monarchy founded in Fatherhood; it is unde∣niably plain, that a Son may be the Natural Soveraign Lord of his own Father, as Henry the Second had been of Jeffery Plantagenet, if he had been an English-man; which, they say, Henry the Seventh did not love to think of, when his Sons grew up to Years. And this Case alone is an eternal Confutation of the Patriarchate.

XIV. Neither is Magistracy a Marital Power, for the Hus∣band may be the obedient Subject of his own Wife, as Philip was of Queen Mary.

XV. Nor is it that Dominion which a Master has over his Slave, for then a Prince might lawfully sell all his Subjects, like so many Head of Cattel, and make Mony of his whole Stock when ever he pleases, as a Patron of Algiers does.

XVI. Neither is the Relation of Prince and Subject the same with that of a Master and hired Servant, for he does not hire them, but as St. Paul saith, They pay him Tribute, in conside∣ration of his continual Attendance and Imployment for the Pub∣lick Good.

XVII. That Publick Office and Imployment is the Founda∣tion of the Relation of King and Subject, as many other Re∣lations are likewise founded upon other Functions and Admini∣strations. Such as Guardian, and Ward, &c.

XVIII. The Office of a King is set down at large in the 17th Chapter of the Laws of King Edward the Confessor, to which the succeeding Kings have been sworn at their Coro∣nation: And it is affirmed in the Preambles of the Statutes of(a) 1.1 Malbridg, and of the Statute of Quo Warranto, made at(b) 1.2 Glocester, That the calling of Parliaments to make Laws for the better Estate of the Realm, and the more full Admini∣stration of Justice, belongeth to the Office of a King. But the fullest account of it in few words, is in Chancellor Fortescue, Chap. XIII. which Passage is quoted in Calvin's Case, Coke VII. Rep. Fol. 5. Ad Tutelam nam{que} Legis Subditorum, ac eorum Cor∣porum, & bonorum, Rex hujusmodi erectus est, & ad hanc potesta∣tem à populo effluxam ipse habet, quo ei non licet potestate alia suo po∣pulo Dominari. For such a King (that is, of every Political Kingdom, as this is) is made and ordained for the Defence or Guardianship of the Laws of his Subjects, and of their Bodies and Goods, whereunto he receiveth Power of his People, so that he cannot govern his People by any other Power.

Corolary, A Bargain's a Bargain.

CHAP. II. Of Prerogatives by Divine Right.

I. GOvernment is not matter of Revelation; if it were, then those Nations that wanted Scripture, must have been without Government; whereas Scripture it self says, that Government is the Ordinance of Man, and of Human Extraction. And King Charles the First says of this Government in parti∣cular,

That it was moulded by the Wisdom and Experience of the People. Answ. to XIX. Prop.

II. All just Governments are highly beneficial to Mankind, and are of God, the Author of all Good; they are his his Or∣dinances and Institutions. Rom. 13.1, 2.

III. Plowing and sowing, and the whole business of prepa∣ring Bread-Corn, is absoluely necessary to the Subsistence of Mankind; This also cometh forth from the Lord of Hosts, who is wonderful in Counsel, and excellent in Working. Isa. 28. from 23d to 29th Verse.

IV. Wisdom saith, Counsel is mine, and sound Wisdom; I am Ʋnderstanding, I have Strength; by me Kings reign, and Princes decree Justice: By me Prinees rule, and Nobles, even all the Judges of the Earth. Prov. 13.14.

V. The Prophet, speaking of the Plow-man, saith, His God doth instruct him to Discretion, and doth teach him. Isa. 28.26.

VI. Scripture neither gives nor takes away Mens Civil Rights, but leaves them as it found them, and (as our Saviour said of himself) is no Divider of Inheritances.

VII. Civil Authority is a Civil Right.

VIII. The Law of England gives the King his Title to the Crown. For, where is it said in Scripture, that such a Person or Family by Name shall enjoy it? And the same Law of Eng∣land which has made him King, has made him King according to the English Laws, and not otherwise.

IX. The King of England has no more Right to set up a French Government, than the French King has to be King of England, which none at all.

X. Render unto Caesar the things which are Caesars, neither makes a Caesar, nor tells who Caesar is, nor what belongs to him; but only requires Men to be just, in giving him those supposed Rights, which the Laws have determined to be his.

XI. The Scripture supposes Property, when it forbids Steal∣ing; it supposes Mens Lands to be already butted and bounded, when it forbids removing the Ancient Land-marks: And as it is impossible for any Man to prove what Estate he has by Scripture, or to find a Terrier of his Lands there; so it is a vain thing to look for Statutes of Prerogative in Scrip∣ture.

XII. If Mishpat Hamelech, the manner of the King, 1 Sam 8.11. be a Statute of Prerogative, and prove all those Parti∣culars to be the Right of the King, then Mishpat Haccohanim, the Priests custom of Sacrilegious Rapine, Chap. 2.13. proves that to be the Right of the Priests, the same word being used in both places.

XIII. It is the Resolution of all the Judges of England, that even the known and undoubted Prerogative of the Jewish Kings, do not belong to our Kings, and that it is an absurd and impudent thing to affirm they do. Coke 11. Rep. p. 63. Mich. 5. Jac.

Note,* 1.3 upon Sunday the Tenth of November, in the same Term, the King, upon Complaint made to him by Ban∣croft, Arch-bishop of Canterbury, concerning Prohibitions, was informed, That when Que∣stion was made of what matters the Ecclesiastical Judges have Cognizance, either upon the Exposition of the Statutes concerning Tythes, or any other thing Ecclesiastical, or upon the Statute 1 Eliz. concerning the High-Commission, or in any other case, in which there is not express Authority by Law, the King himself may decide it in his Royal Person; and that the Judges are but the Delegates of the King, and that the King may take what Causes he shall please to determine from the Determination of the Judges, and may determine them himself.

And the Arch-bishop said, That this was clear in Divinity, That such Authority belongs to the King, by the Word of God in Scripture.

To which it was answered by me, in the presence, and with the clear consent of all the Justices of England, and Barons of the Exchequer, That the King in his own Person cannot adjudg any Case, either Criminal, as Treason, Felony, &c. but this ought to be determined and adjudged in some Court of Justice, ac∣cording to the Law and Custom of England. And always Judgments are given, Ideo consideratum est per Curiam; so that the Court gives the Judgment —. And it was greatly mar∣velled, that the Arch-bishop durst inform the King, that such Absolute Power and Authority, as is aforesaid, belonged to the King by the Word of God.

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 impowered 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 Viola∣tion of that Ordinance.

IV. The 13th of the Romans commands Subjection to our Temporal Governours, because their Office and Imployment is for the Publick Welfare; For he is the Minister of God to Thee for good. Verse 4.

V. The 13th of the Hebrews commands Obedience to Spiri∣tual Rulers, because they watch for your Souls. Verse 17.

VI. But the 13th 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 per∣fect Reverse of St. Paul's Spiritual Rulers, and whose Practice was murdering of Souls and Bodies, according to that true Cha∣racter of Popery, which was given it by the Bishops who com∣piled the Thanksgiving for the Fifth of November; but Arch-Bishop Laud was wiser than they, and in his time blotted it out.

The Prayer formerly ran 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 Re∣bellion, 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, and by the Duty of their place, to disobey all Writs, Letters, or Commands, which are brought to them, either under the Little Seal,* 1.4 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 13th 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 13th of the Romans?

IX. A Constable represents the King's Person, and in the Execution of his Office is within the purview of the 13th of the Romans, as all Men grant; but in case he so far pervert his Office, as to break the Peace, and commit Murther, Bur∣glary, or Robbery on the High-way, he may and ought to be resisted.

X. The Law of the Land is the best Expositor of the 13th of the Romans here; and in Poland, the Law of the Land there.

XI. The 13th of the Romans is received for Scripture in Poland, and yet this is expressed in the Coronation-Oath in that Country: Quod si Sacramentum meum violavero, Incolae 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 Superiour to the King, and made him King, (Lib. iii. cap. xxvi. Rex habet Superiorem 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 Ordinanee of God, to which the Higher Powers themselves ought to subject. Vol. iii. In his Commentary on the fifth Verse, (Wherefore ye must needs

be subject, not only for Wrath, but also for Conscience sake.) He has these words. Neque vero haec tantum pertinent ad Subdi∣tos, sed etiam ad Magistratum, qui cum fiunt Tyranni, non minus dissipant Ordinationem Dei, quam Seditiosi. Ideo & ipsorum Con∣scientia fit rea, quia non obediunt Ordinationi Dei; id est, Legibus, quibus debent parere. Ideo Comminationes hic positae etiam ad ipsos pertinent. Ita{que} hujus mandati severitas moveat omnes, ne viola∣lationem Politici status putent esse leve peccatum. Neither doth this place concern Subjects only, but also the Magistrates them∣selves; who when they turn Tyrants, do no less overthrow the Ordinance of God than the Seditious; and therefore 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 belong to them; wherefore, let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin.

Corolary. To destroy the Law and Legal Constitution, which is the Ordinance of God, by false and Arbitrary Expo∣sitions 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.

CHAP. IV. Of LAWS.

I. THere is no natural Obligation, whereby one Man is bound to yield Obedience to another, but what is founded in Paternal or Patriarchal Authority.

II. All the Subjects of a Patriarchal Monarch are Princes of the Blood.

III. All the People of England are not Princes of the Blood.

IV. No Man who is naturally free can be bound, but by his own Act and Deed.

V. Publick Laws are made by Publick Consent, and they therefore bind every Man, because every Man's Consent is in∣volved in them.

VI. Nothing but the same Authority and Consent which made the Laws, can repeal, alter, or explain them.

VII. To judg and determine Causes against Law, without Law, or where the Law is obscure and uncertain, is to assume Legislative Power.

VIII. Power assumed without a Man's Consent, cannot bind him as his own Act and Deed.

IX. The Law of the Land is all of a piece, and the same Authority which made one Law made all the rest, and in∣tended to have them all impartially executed.

X. Law on one side, is the Back-Sword of Justice.

XI. The best things when corrupted are the worst; and the wild Justice of a State of Nature, is much more desirable than Law perverted and over-ruled, into Hemlock and Op∣pression.

This Discourse of Magistracy, &c. and the former Rea∣sons, were written by the foresaid Mr. S. Johnson.

The Definition of a TYRANT, by the Learned and Loyal Abraham Cowley, (published by the pre∣sent Lord Bishop of Rochester) in his Discourse concerning the Government of Oliver Cromwel.

I Call him a Tyrant, who either intrudes himself forcibly into the Government of his Fellow-Citizens, without any Legal Authority over them, or who, having a just Title to the Government of a People, abuses it to the destruction or tormenting of them: So that all Tyrants are at the same time Usurpers, either of the whole, or at least of a part of that Power which they assume to themselves; and no less are they to be accounted Rebels, since no Man can usurp Authority over others, but by rebelling against them who had it before, or at least against those Laws which were his Superiours.

Several Queries proposed to the Sages of the Law, who have studied to Advance the Publick, equally with, if not more than their own private Interest.

Q. I. WHether the Legislative Power be in the King only, as in his Politick Capacity, or in the King, Lords, and Commons, in Parliament assembled? If in the latter, then,

Q. II. If the King grants a Charter, and thereby great Franchises and Priviledges, and afterwards, the Grantees obtain an Act of Parliament for the Confirma∣tion hereof, is this the Grant of the King, or of the Par∣liament? If the latter, as it seems to be, because it is done by the whole, and every part of the Legislative Power: then,

Q. III. To whom can these Grantees forfeit this Char∣ter? And who shall take Advantage of the Forfeiture? If the King; then an Act of Parliament may be destroyed without an Act of Parliament? If the Parliament only can call them to an Account; then,

Q. IV. Of what Validity is a Judgment pronounced (under a colour of Law) in B. R. against a Charter gran∣ted by Parliament? If it be of any force, then the King's Bench is Superior to the Legislative Power of the Kingdom: If not, then,

Q. V. What Reason can be assigned, why it is not as safe to Act pursuant to an Act of Parliament, notwith∣standing a Judgment entred in the King's Bench, as it was to Act against an Act of Parliament, before the Judg∣ment was entred? And then,

Q. VI. Whether they that did the latter, were not down∣right Knaves? and whether they that refuse to do the for∣mer, be not more nice than wise?

Notes

• (a) 1.1

  Prout Regalis Officii exposcit utilitas.
• (b) 1.2

  Sicome le profit de Office Demaunde. The Kingly or Regal Office of this Realm, Mar. Sess. 3. cap. 1.
• * 1.3

  Give us a King to judg us, 1 Sam. 8.5, 6, 20.
• * 1.4

  18 Edw. III. 20 Edw. III. Cap. 1, 2.