The Sovereign Power of Parliaments and Kingdoms, Part 2 (3 of 4)

The Sovereign Power of Parliaments and Kingdoms · Part 2 (3 of 4)

p. 106Eighthly, the Apostle thus proceeds, Vers. 6. For this cause also pay you tribute, for they are Gods Ministers, attending continually upon this very thing. What, doe men pay any Tribute to Princes or Magistrates for this cause, that they may subvert Religion, Lawes, Liberties? that they may plunder, murther, warre upon, and expose them to the rapine of their ungodly Malignant Cavaliers? Or are Magistrates, Gods Ministers, attending continually upon this very thing, to ruine Parliaments, Church, State, people? would any men, thinke you, give Tyrants wages for such a service, to cut their throats, to devoure and undoe them in soule, body, estate? Or do not they pay tribute to, and Magistrates attend continually upon quite contrary imployments? If so, as none can contradict, then the resistance here is onelyonly intended of lawfull Magistrates, who continually attend upon their charge, to protect the good, and punish Malefactors; not of Tyrants, who doe quite contrary; and therefore are to be resisted.

Ninthly, he infers from the premises, Vers. 7. Render therefore to every man his due, tribute to whom tribute, custome to whom custome, feare to whom feare, honour to whom honour: By what Law of God are obedience, feare and honour due to Tyrants in their ungodly, exorbitant, unjust commands, to subvert Religion, Lawes, Liberties? Certainly the Apostle hath no where in this Text, nor God himselfe in any other Scripture expressed such obedience, resistance, feare or honour to be due unto them: and Elisha his speech to King Iehoram, 2 King 3. 13. 14 compared with Ezek. 21. 25. Iob 12. 19. 21. Ch. 34. 19. Nehem. 4. 7. to 20. Ch. 13. 17. Isa. 1. 23. Ch. 41. 25. Lam. 1. 6. Ch. 5. 2 proves directly, that they are not their due. Therefore this Text extends not to them, but onelyonly to lawfull Magistrates.

Lastly, he concludes hence, Vers. 8. Owe no man any thing, but to love one another: for be that loveth another hath fulfilled the Law. Now no such Love is owing to Tyrants who subvert Religion, Lawes, Liberties; but we are to hate them with a perfect hatr…d, as enemies both to God and man, borne for the publike prejudice, Psal. 139. 21. 22. Psal. 109. 1. to 21. 28, 29. but onelyonly just and upright Magistrates: Therefore this Text is intended onelyonly of them.

By all these premises it is undeniable, that the resistance here prohibited is onelyonly of lawfull Magistrates in the due execution of their Offices, according to the Lawes p. 107of God and the Realmes they live in; not of tyrannicall oppressing Princes, Rulers, or their instruments forcibly indeavouring to ruine Religion, Lawes, Liberties, Parliaments, Kingdomes; which fully refutes the Doctors fourth Observation; of which more anon.

I now proceed to some farther disquisitions for the finall clearing of this Text; and herein I shall examine,

First, what is meant by higher powers: whether Kings or the Roman Emperor onelyonly, as our objectors pretend, or all civill Magistrates whatsoever as well as Kings?

Secondly, whether the Roman Emperour in Pauls time were the highest Soveraign power in that State, or the Senate?

Thirdly, whether Tyrants and unjust oppressing Magistrates, as they are such, be within the intendment of this Text, and not to be resisted in any case.

Fourthly, whether Kings and kingdomes be Gods Ordinance; or an institution jure divino; or a humane ordinance jure humano; and how farre divine or humane?

Fiftly, what resistance of the higher powers is here prohibited?

For the first of these. By the higher Powers it is cleare, that Kings and Emperours onelyonly are not meant, as our opposites dreame; but all kinde of civill Rulers and temporall Magistrates whatsoever, from the King himselfe to the Constable and Tithingman: As is apparent, first, by the word, higher Powers, used indefinitely in the plurall number, without mentioning any speciall kind of power. Secondly, by those words; There is NO POWER but of God▪ the powers THAT ARE (that is, all lawfull powers whatsoever now in being) are ordained of God: which universall Negative, and Affirmative, must necessarily include all lawfull civill powers. Thirdly, by the following words:ddSee Exod. 16. 22. c. 34. …1 2 King. 10. 1. 1 Chron. 26. 32 Ezra 9. 2. c. 10. 14 N…h…m. 2. 16. c. 5. 17. c. 13. 11. Ezek. 23 6. Joh. 7. 48. c. 12. 42. Acts 4, 5. 8▪ 26.Exod 16:222 Kgs 10:11 Chr 26:32Ezra 9:2Ezek 23:6John 7:48Acts 4:5Acts 4:8Acts 4:26 For Rulers, &c. that is, all Rulers in the plurall number; a Title common to all inferiour Officers: witnesse Exod. 18. 21. 22. 25, 26. (See 1 Chron. 12. 14.) And Moses chose able men out of all Israel, and made them HEADS over the people: RVLERS of thousands, Rulers of hundreds, Rulers of fifties, and Rulers of tennes, (such as our Tithingmen are) and they judged the people at all seasons. So that the Tithingman is a Ruler, a higher power within this Text. Fourthly, the word Ministers, For they are Gods Ministers, &c. in the plurall too, extending generally to all officers. Fiftly, by v. 6, 7, 8. Render therefore to ALL their dues, (that is, to all Magistrates whatsoever; as these ensuing words evidence) tribute to whom tribu…e is due, custome to whom custome, feare to whom feare, honour to whom honour: Owe nothing to ANY MAN, &c. that is, to ANY Magistrate, or Ruler of what kind soever. Sixtly, by parallel Texts, extending as well to inferiour lawfull Magistrates and Officers, as to Kings, as … Tim. 2. 1. I exhort therefore, that first of all supplications, prayers, &c. be made for all men; for Kings, and ALL THAT BE IN AVTHORITIE, &c. Titus 3. 1. Put them in minde to be subject to principalities and powers, to obey Magistrates (all in the plurall:) 1 Pet. 2. 13. 14. Submit your selves to EVERY ORDINANCE of man for the Lords sake; whether it be to the King as supreame, or unto GOVERNORS, (in the plurall) as unto those that are sent by him, for the punishment of evill doers, and the prayse of them that doe well; Compared with Iosh. 1. 16. 17. 18. Ezra 7. 25, 26. Ephes. 6. 1. 5. Col. 3. 18. 20. 23. 1 Tim. 6. 1. Heb. 13. 17. Exod. 22. 28. Chap. 18. 21, 22. 25▪ 26. 2 Kings 11. 4. Seventhly, by all Expositors generally on this Text, ancient, moderne, Protestants, Papists, who grant, that this Text p. 108extends to all civill Magistrates, as well inferiour and subordinate, as superiour, (and many sticke not to straine it even to Ecclesiasticall ones) So Origen, Ambrose, Hierome, Remigius, Theodulus, Chrysostome, Theodoret, Primasius, Haymo, Rabanus Maurus, Theophylact, O…cumenius, Haymo, Aquinas, Anselm, Iyra, Bruno, Gorran, Hugo de Sancto Victore, Tostatus, Luther, Calvin, Erasmus, Melanchthon, Gualther, Musculus, Bucer, Hemingius, Ferus, Fayus, Soto, Alexander Alesius, Peter Martyr, Pareus, Beza, Piscator, Zuinglius, Tollet, Willet, Wilson, Nacclantus, Snecanus, Vignerius, Wenerichius, Winckelman, Estius, Faber, Cornelius a Lapide, Salmeron, Catharinus, Guilliandus, Adam Sasbout with sundry others. This then being irrefragable, hereby it is most apparent; First, that no resistance of the higher powers is here prohibited, but onelyonly in the due and legall execution of their offices: For if any inferiour Officers illegally indeavour to subvert Religion, Lawes, Liberties, and unrightly governe the people, they may lawfully be resisted by them: For example, if a Maior, Justice of Peace, Constable or other officer; extravagating from the common course of Law and Justice; shall with force of armes in a riotous manner assault any private man, or the whole Citie or Village where he lives, to beate, wound, kill, plunder, dispossesse the inhabitants of their houses, goods, franchises, or assult them on the highway side, to take away their purses; in these and such like cases, both in point of Law and conscience he may not onelyonly be forcibly resisted, but repulsed, apprehended, battered, if not lawfully slaine by the people, and proceeded against as a delinquent: The reason is, because these illegall unjust actions, are not onelyonly besides, without their Commissions, but directly contrary to their offices, and the Lawes, which never gave them authority to act such injustice: yet they are higher Powers ordained of God, within this Text, and no way to be resisted in the due execution of their Offices according to Law. If then these inferiour Officers may be thus forcibly resisted, repulsed, notwithstanding this Text, in such cases as these; then by the selfe same reason Kings and Emperours may bee thus resisted too; since the Text extends indifferently to them both. Let then the objectors take their choyce; either affirme, that no inferiour lawfull Officers whatsoever, may be forcibly resisted, by the people, or repulsed, arraigned, censured for their misdemeanour, by vertue of this Text; which would bring an absolute Tyranny, Anarchy and confusion presently into the world, and make every Constable as great a Tyrant, Monarch as the grand Emperor of the Turks; or else confesse, that this Text condemnes not such resistance, even of Kings and Princes, when they forcibly war upon their Subjects to subvert Religion, Lawes, Liberties, and ruine the republike; since it makes no distinction at all betweene the onespower and the others; but equally enjoynes subjection, prohibits resistance unto both; and that onelyonly in just administration of their severall authorities, not in the arbitrary unjust prosecutions of their wils and lusts.

Secondly, it followes, that the Kings Souldiers, Cavaliers and Forces now raised against Law, and armed onelyonly with illegall Commissions voyd in Law, as I have proved; are none of the high powers ordained of God, nor lawfull Rulers or Magistrates within the meaning of this Scr…pture; and so the forcible resisting of them, and of the Kings illegall commands and designes executed by them, is no resistance of the higher powers here prohibited.

Thirdly, that t…e Ho…ses of Parliament being in truth the highest powers ordained of God in this Realme, and their just legall Ordinances, Votes, Forces, for the p. 109necessary defence of Lawes, Liberties, Religion, against the Kings ill Counsellors, and Malignant Popish Forces, neither may, nor ought in conscience to be resisted by the King himselfe, or any of his Subjects, Souldiers, under the perill of that damnation mentioned in this Chapter.

For the second, Whether the Roman Emperor in Pauls time was the highest Soveraign power in the Roman State, Quest. 2.or not? It is taken for granted by Doctor Ferne and otheraaDoctor Ferne, Appeale to thy conscience; The necessity of subjection. opposites, that he was, as a thing past doubt, the Senate and people (as they say) having resigned up their power to the Emperour. But this no doubt is a grosse errour, (which I have largely refuted in the Appendix, and therefore shall be the briefer here) derived from some civill Lawyers; who out of Iustinian. Digest. lib. 2. Tet. 2. and Instit. Tit. 2. falsly affirme, that Lege Regia; by the regall Law the Senate and people transferred all their Empire and power unto the Emperour. For first the Senate and people (as Albericus Gentilis bbAlbericus Gentilis, de Iu. Belli. l. 3. c. 13. p. 309.well observes) did not by this Law give the Emperour all power and command to dispose of them, or the lands and revenues of the Empire, as he pleased; but onelyonly to governe them according to their Lawes, as men; not to slay and alienate them as beasts. Thus reason dictates, so the words of the Law sound. ccAlci. l. 3. de V. s. l. 35. & de pact.Divines are deceived, Lawyers flatter, who perswade, that all things are lawfull to Princes, and that their power is highest and free. It is ridiculous to affirme, that absolute power over the subjects belongs to Popes; which belongs not to the Emperours themselves over the Italians, from whom they derive it. Imagine therefore that the Emperour had a power never so free, yet it is not of dominion, but of administration. ddL. 7. de Don. l. 1. quae res, p. 1. da. ob. non. pos. l. 8. qui mo pi. so l. 17. pro. Emp….And he who hath but a free administration hath not the power of donation. (e) Agardian is then reputed in stead of a Lord, cum tutelam administrat, non cum pupillum spoliat; when he rightly administers his tutelage, not when he spoyles his pupill. So Gentilis. If then the Emperours had onelyonly a free legall administration, not an absolute dominion; granted them by the people, then this soveraigne power still resided in the Senate and people, as Iustinian Digest. lib. 1. Tit. 2. De Origine Iuris, will sufficiently manifest: Secondly,ffCommonweale, l. 2. c. 5. p. 221. Iohn Bodin a learned Civilian clearely proves: That the Roman Emperors were at the first; nothing else but Princes of the Commonweale, The SOVERAIGNTY NEVERTHELESSE STILL RESTING IN THE PEOPLE, and THE SENATE: So that this Commonwealth was then to have beene called a Principality; although that Seneca speaking in the person of Nero his Scholler, saith. I am the onelyonly man amongst living men, elect and chosen to be the Lieutenant of God upon earth: I am the Arbitratour of life and death; I am able of my pleasure to dispose of the state and quality of every man. True it is, that he tooke upon him this Soveraigne authority, by force wrested from the people and Senate of Rome, (therefore not freely given him by any Law) but IN RIGHT HE HAD IT NOT, the State being but a very principalitie WHEREIN THE PEOPLE HAD THE SOVERAIGNTY. In which case, THERE IS NO DOUBT but that IT IS LAWFULL to proceede against a Tyrant by way of justice, ggSuctonius, Zonaras, …rimst…n, Eutropius, Sabel…icus, Op…neerus, and others in his life.if so men may prevaile against him: or else by way of fact, and OPEN FORCE, if they may not otherwise have reason; As the Senate did in the first case against NERO: and in the other against Maximinus. So Bodin, who directly resolves, that even in Nero his raigne when this Epistle was written, the highest soveraigne power was not in the Emperour, but in the Senate and people: who notwithstanding this objected Text, had no doubt a lawfull Right, not onelyonly to resist Nero when he turned Tyrant with open force, but likewise judicially to arraigne p. 110and condemne him even to death, as they did, for his publike crimes. Now that the Soveraigne highest Power remained in the Senate and people notwiths…anding this Lex Regia, Marius Salamonius (an incomparable learned Roman Civilian) hath largely proved in his six Bookes De principatu (purposely written to refu…e the contrary common error) where he writes, First, that the Roman Emperors were created and constituted onelyonly by the Senat and people; and that the Creature should be superiour to the Creator, the child to the parent, is absurd. Secondly, that the Emperours were but the Senates and peoples publike servants; therefore they were their Lords; and not inferiour, but superiour to their servants. Thirdly, that they were subordinate and inferiour to the Lawes made by the Senate and people; and bound by all their Lawes, but such as the Senate and people did by speciall Acts exempt them from. Fourthly,hhMarius Salamonius de Principatu, l. 6. p. 122. to 126. that the people and Senate did by speciall Lawes create, limit, enlarge or abridge their Emperours power and jurisdiction, as they saw cause, giving sometimes more or lesse jurisdiction to one Emperour then another: which they could not justly doe, were they not the highest Soveraigne power. Finally he proves it by the very Lex Regia it selfe; which because rare and unknowne to most, I shall here recite, to informe and reforme our ignorant Court Doctors, Lawyers, with Salamonius his observations from it. Lex Regia, was not onelyonly one single Law: There was not one Law for all Emperours, but it was revived for every Emperour, yet not with the same conditions. The brasse Table which yet hangeth in the Lateran Church, proves that the Royall Law was accustomed to be altered in every Princes reigne AT THE PLEASVRE OF THE ROMAN PEOPLE; for it is part of the Royall Law of the Empire of Vespatian, that it should be altered: which had beene voyd, if from the beginning of the Empire a perpetuall Law had beene made for all successors; the words of the Law are these.

Faedusve …um quibus volet facere, ita ut licuit Divo Augusto, Tyber. Iulio Caesari Aug. Tyherioque Claudio, Iulio Caesari Aug. Germanico.

Vtique eum Senatum habere, relationem facere, remittere Senatus consulta, per relationem, discessionemque facere lic…at, ut licuit Divo Augusto, Tib…rio, Iulio Caesari Augusto, Tyberio, Claudio Caesari Augusto Germanico.

Vtique quum ex voluntate, auctoritateue, jussu, mandatione ejus, praesenteve eo Senatus habebitur, omnium rerum jus perinde habeatur, servetur, ac si elege Senatus edictus esset, habereturque.

Vtique Coss. Magistratus potestatem, imperium, curationemve cuivis rei petenti Senatui populoque Romano commendaverit, quibusve suffragationem suam dederit, promiserit, eorum Comitiis qui busque extra ordinem, ratio habeatur.

Vtique ei fines pomaerii proferre, procurare, cum e Rep. censebit esse, liceat; uti licuit Tiberio, Claudio Caesari, Augusto Germanico.

Vtique quaecunque ex usu R…ip. majestate divinar: humanar: publicar: privatarumque rerum esse censebit, ea agere, facere jus, potestasque sit, ita uti Divo Aug. Tyberioque, Iulio Caesari Aug. Tyberioque Claudi… Aug. Germanico fuit.

Vtique quibus legibus, Plehisve scitis scriptum fuit, ne Divus Augustus Tyberiusve, Iul. Caes. Aug. Tyberiusve, Claudius Caes. Aug. Germanicus tenerentur; his Legibus Plebisque scitis Imp. Aug. Vespatianus solutus sit; quaeque ex quaque Lege, Rogatione Divum Aug. T…b…riumve, Iul. Caesarem Aug. Tyb…iumve, Claudium Caes. Aug. Germanicum facere p. 111oportuer at, ea omnia Imperatori Caesari Vespatiano Aug. facere li…at.

Vtique quae a…tè hanc legem rogatam, acta, gesta, decreta, imperata, ab Imp. Caesare Vespatiano Augusto, jussu, mandatuve ejus a quoque sunt, ea perinde just a rata sint, ac si populi plebisve jussu acta essent. Sanctio▪ Si quis hujusce legis ergo adversus leges, rogationes, plebisve scitoe, senatusue consulta fecit, feceritve, sive quod cum ex lege, rogatione, plebisve scito, senatusve consulto facere oportebit, non fecerit, hujus legis ergo, id ei ne fraudi esto, neve quid … eam rem populo dari debeto, neve de ea re cui, actioneve judicato esto, neve quis de ea re apud eum agisinito.

This Law first shewes, that there was not one royall Law made for all Emperors, but that for every severall Emperour severall Lawes were necessary, containing the conditions whereupon the Principalitie was collated by the Roman people: For to Vespatian, it appeares power was granted, of enlarging or setling the bounds, as it was granted to Germanicus, but not to other Princes. And in the last Chapter but one, which saith: And by those things which by any Law, &c. it is lawfull to doe; a larger power is given to Vespatian then to the forenamed Emperours; and that they ought to doe some things, which Vespatian ought not to doe by Law. Likewise by these words; Vtique quibus legi…us, &c. solu…us sit: it appeares that Vespati…n was not freed from all Lawes, nor yet the Emperour before him. Likewise o…t of the Chapter where it saith, Ex usu Reip. Majestate, &c. it is evident that not an absolute free administration of things was committed to the Emperours, but onelyonly such as was usefull, that is, which should be for the profit and honour of the republike: whence is inferred, that those things which were not for the benefit and honour of the Commonweale, Emperors had no right nor power to doe. And in the last Chapter is perspicuo…sly set downe THAT SUPERIOUR POWER OF THE PEOPLE, GREATER THEN THE PRINCIPALITY IT SE…FE. How then doth Vlpian say, the Prince is loosed from Lawes? he saith not from all Lawes: verily that he was exempt from many is no doubt, &c. (yet it was by a speciall clause in th… Lex Regia.) This and much more Salamonius. All which considered, will infallibly evidence, the Roman Senate and People to be the highest power in Pauls time, not the Emperour; wh… even at this day (asiiCommonweale l. 2 c. 5. Bodin proves) is inferiour to the Germane States, who are the Soveraigne power: when King Henry the fourth of France, Anno 1600. used this speech to the Duke of Savoy; kkGenerall History of France, p. 965.If the King of F…ance wou…d be ambitious of any thing greater then his Crowne, it might be an Empire, but not in the estate that it is now, the title of Empire being little more then that of the Duke of Venice; the soveraingty (writes the Historian in the Margin) remaining in the States of the Empire.

All that is objected against the premises,Object. is that passage of T…rtullian, much insisted on: Colimus erg… & Imperatorē sic, llAd S…apulam, lib. p. 163. Objected by, The nec…ssity of Subjection, and others.quomodo & n…bis lic…t, & ipsi expedit, ut homi…em à DEO SECUNDUM; & quicquid est à De… c…secutum, SOLO DEO MINOREM. Hoc et ipse volet: Sic enim OMNIBUS MAJOR EST, DUM SOLO VERO DEO MINOR EST. Sic & ipsis Diis major est, dum & ipsi in potestate suntejus, &c.

To which I answer,Answ. that these words onelyonly prove the Emperour in the Roman State to be the highest Officer and Magistrate under God, of any one particular person; not that he was the Soveraigne highest power above the Senate and people collectively considered: And the occasion of these words will discover the Authors intention p. 112to be no other: which was this. The Christians in that age were persecuted and put to death by Scapula President of Carthage, to whommmRhe…an… Annot. I…d. Tertullian writes this Booke, because they refused to adore the Emperour for a God, to sweare by his Genius, and to observe his solemnities and triumphs in an Eth…icall manner; as is evident by the words preceding this passage: Sic & circa Majestatem Imperatoris infamamur, &c. and by sundry notable passges in his Apologeticus. In answer to which accusation Tertullian reasons in the Christians behalfe; that though they adored not the Emperour as a God; yet they reverenced him as a man next under God; as one onelyonly lesse then God; as one grea…er then all others, whiles lesse onelyonly then the true God, and greater then the Idol Gods themselves, who were in the Emperours power, &c. Here was no other thing in question; but whether the Emperour were to be adored as God? not, whether he or the Roman Senate and people were the greatest highest Soveraigne power? And the answer being, that he was but a man next under God, above any other particular officer in the Roman State; is no proofe at all, that he was paramount the whole Senate and people collectively considered, or of greater Soveraigne power then the…; which the premises clearely disprove. Adde; that this Father in his Apologie thus censures the Pagan Romans for their grosse flattery of their Emperours whom they feared more then their Gods, appliable to our present times; Siquidem majore formid…ne & callidiore timiditate Caesarem observatis, quam ipsum de Olympo Iovem, &c. …deo & in isto irreligiosi erga deos vestros deprehendimini, cum plus timoris, hum…no Domino dic…tis; citius denique apud vos per omnes Deos, quam per unum genium Caesaris pejeratur▪ Then he addes, Interest hominis Deo cedere; satis …abeat appellari Imperator: gr…nde & hoc nomen est, quod a Deo tradetur: negat illum imperatorem qui deum dicit; nist homo sit, non est imperator. Hominem se esse etiam triumphans in illo sublimissimo curru admonetur. Suggeritur enimei a tergo, Respice post te; hominem memento t…. Etiam hoc magis gaudet tanta se gloria coruscare, ut illi admonitio conditionis suae sit necessaria. Major est qui revocatur ne se deum existimet. Augustus imperii formator, ne Dominum quidem dici se volebat: et hoc enim Dei est cognomen. Dicam plane Imperato…em Dominum, sed m…re communi, sed quando non cogor, ut Dominum D…i vice dicam. Concluding thus: Nullum bonum sub ex…eptione personarum administramus, &c. Iidem sumus Imperatoribus qui & vicinis nostris. Male enim velle, male face…e, male dicere, male cogitare de quoquam ex aequo vetamur, Quod…unque non licet in Imperatorem, id nec in quenquam: quod in neminem, eo forsitan magis nec in ipsum qui per deum t…ntus est, &c. From which it is evident, that the Christians did not deifie nor flatter their Emperours more then was meet, and deemed they might not resist them onelyonly in such cases where they might resist no others, and so by consequence lawfully resist them, where it was lawfull for them to resist other private men who did injuriously assault them.

If then the Roman Emperors were not the highest. Soveraigne power in the Roman State when Paul writ this Epistle, but the Roman Senate and State, as I have cleared: and if the Parliament, not the King, be the supremest Soveraigne power in our Realme, as I have abundantly manifested; then this objected Text (so much insisted on by our opposites) could no wayes extend to the Roman Senate, State, or our English Parliament, who are the very higher powers themselves, and proves most fatall and destructive to their cause of any other, even by their owne Argument, which I shall thus doubly discharge upon them.

First, that power which is the highest and most soveraigne Authority in any State p. 113or kingdome by the Apostles and our Antagonists owne doctrine, even in point of conscience, neither may, nor ought in what case soever (say our opposites) to be forcibly resisted, either in their persons, ordinances, commands, instruments, offices, or Armed Souldiers, by any inferiour powers, persons or subjects whatsoever, especially when their proceedings are just and legall, under paine of temporall and eternall condemnation. But the Senate among the Romans, not the Emperour; and the Parliament in England, not the King, really were and are the higher Powers and most soveraigne Authority. Therefore by the Apostles owne Doctrine even in point of conscience, they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever, either in their Persons, Ordinances, Commands, Instruments, Officers, or Armed Souldiers, by the King himselfe, his Counsellors, Armies, Cavaliers, or by any inferiour powers, persons, or Subjects whatsoever, especially when their proceedings are just and legall, (as hitherto they have beene) under paine of temporall and eternall condemnation. I hope the Doctor and his Camerads will now beshrew themselves that ever they medled with this Text, and made such a halter to strangle their owne treacherous cause, and those who have taken up armes in its defence.

Secondly, that Power which is simply highest and supreame in any State, may lawfully with good conscience take up Armes to resist or suppresse any other power, that shall take up armes to subvert Religion, Lawes, Liberties, the Republike, or the ju…t Rights and Priviledges of the Subject, or of this higher power. This is our opposites owne argumentation. Therefore the Parliament being in verity the highest supreame Power in our State, may lawfully with good conscience take up Armes to resist or suppresse his Majesties Malignant, Popish Forces, or any other power which already hath, or hereafter shall be raised to subvert Religion, Lawes, Liberties, the Republike, just Rights and Priviledges of Parliament, or the Subjects; and every man with safe conscience may chearefully serve in such a warre, upon the Parliaments encouragement or command, without guilt of treason, or rebellion either in Law or Conscience.

For the third Question;Quest. 3. Whether Tyrants or unjust oppressing Magistrates, as they are such, be within the intendment of this Text, and not to be resisted in any case? I have fully cleared this before from the occasion, scope and arguments used in this Chapter; that they are not within the compasse of this Text; as they are such, and may be resisted in their Tyranny and oppressions notwiths…anding this inhibition; I shall not repeat, but onelyonly fortifie this Position with some new reasons and authorities.

First then, that which is not the ordinance of God, but rather of the Devill, and the me…re sinne and enormity of the Governour himselfe, not of the Government, is not within the intention of this Text, and may lawfully bee resisted without any violation of it. But Tyrants and unjust oppressing Magistrates as they are such, arennSee Mich. 3. 1. to 5▪ Isay 3. 4, 5. Ze ph. 3, 3. Ezech. 45. 8, 9.Mic 3:1–5Isa 3:4Isa 3:5Ezek 45:8Ezek 45:9 not Gods ordinance, but rather the Devills▪ and their Tyranny and oppression is onelyonly the sinne and enormity of the Governours themselves, not of the government; A truth granted by all men: Therefore they are not within the compasse of this Text, and may lawfully be resisted without any violation of it.

Secondly, that which is no point of the Magistrates lawfull power ordained of God, but diametrally repugnant to it, cannot be within the meaning of this Text, p. 114and may lawfully be resisted; but the tyranny, oppression, rapine, and violence of lawlesse Kings and Magistrates are such, as all must and doe acknowledge. Ergo, they are not within the verge and compasse of this Text, and may lawfully bee resisted.

Thirdly, all powers intended in the Text, are not only ordained, but ordered of God, that is, (asooIn Rom. 13. Col. 1266. Willet on Rom▪ 13 quest. 6. p. 583.Rom 13 Paraeus with others observe) they are circumscribed & bounded with certain Rules or Lawes of justice and honesty, within which they must containe themselves, else they exorbitate from Gods ordinance when they passe beyond these limits, and become none of Gods; This the Greeke word foreign, (which Arias Montanus and others render, ordinatae, and the Margin of our English Bibles, are ordered of God;) doth sufficiently warrant being coupled with the subsequent limitations; For rulers are not a terrour to good workes, but to evill, &c. they are Gods Ministers attending continually on this very thing. Now the Tyranny and oppression of Kings and other Rulers, are meere exorbitances, arbitrary illegall actions, exceeding the bounds of justice and honesty prescribed by the Lawes of God and men. Therefore not within the limits of this Text, and resistible.

Fourthly, it is generally accorded by all Commentators, that though the lawfull power of Princes or other Magistrates degenerating unto Tyrants, be of God, and not to be resisted; yet the Tyranny it selfe, and abuse of this power is of Satan, not of God, and the vice of the persons onelyonly, not of the Power it selfe; whence they conclude, that Tyrants are not within the meaning of this Scripture. So Origen, Paraeus, Willet, with m…t others on this Text; and Zuinglius most expresly Explanatio Artic. 41. Tom. 1. f. 82. 83. where he complaines, that many Tyrants, cheate, steale, rob, slay, plunder, and attempt any thing against their subjects to oppresse them; assuming a pretext and vayle of their ma…ice from this Text of Paul. Yea Dominicus Soto, Cajetan, Pererius, and other Popish commentators on this place observe; that Paul addes this Epithet, of higher or excelling powers (omitted by him in other parallel Texts) of purpose to exclude Tyrants, who are no excelling Lords, nor lawfull Powers; reigning oft times by Gods permission for the peoples punishment; not by his ordination for their good: and blame Bucer for saying, that Tyrants power is from God, as if he were the author of sinne and Tyranny.

This then fully answers that absurd errour of DoctoppSect. 2. Ferne, wherein all his force is placed: That the Powers in Pauls dayes which he here prohibits to resist, were subverters of that which was good; and the Roman Emperors Tyrants: where he sottishly confounds the tyranny, lusts, and vices of the Emperors persons, which were detestable, with their power it selfe, which was good and commendable; as if the Imperiall power it selfe was ill, because Nero was ill, and was qqGri…st…n, Suet…nius, Eut…opius, Zonaras, Volaterranus, Speed and others in his ….therefore justly condemned to death by the Roman Senate, as a publike enemy to the Roman State, though they approved and continued his just Imperiall principality, which lasted in succession for many hundred yeares after his censure, death. To which I shall onelyonly adde; that though Nero himselfe were a Tyrant, yet the Roman Senate, and all their Inferiour Offices were not Tyrants; many of them, no doubt, being just and upright Magistrates. The Precept therefore being thus in the generall, and the plurall number, Let every soule be subject unto the higher powers; nor personall; let them be subject to Nero; or speciall, to the Roman Emperour (whom Paul no doubt would haverrAs he doth▪ Phil. 4. 22. Act. 25▪ v. 10, 11, 12. c. 26. 32. c. 28. 19. See Matth 22. 17. 21. Luk. 2. 1. c. 23. 2. Acts 11. 28. c. 17. 7.Phil 4:22Acts 25:10Acts 25:11Acts 25:12Matt 22:17Matt 22:21Luke 2:1Acts 11:28 specified, had he specially intended them, as our opposites fondly dreame;) we may safely conclude, that the Apostle intended it onelyonly of lawfull powers and Magistrates, not of Nero p. 115or other Tyrants: And writ this to Christians onelyonly, to whom he dedicates this Epistle, witnesse Ch. 1. V. 7. To all that be at Rome beloved of God, called to be Saints, &c. not …o Pagan Romans, as the Doctor dreames, to whom he writes not; much lesse to the Roman Senate, who were then the soveraigne power; and therefore could bee subject to no other but themselves. Precepts of obedience to children and Servants, concerne not parents and matters as such, in point of submission or obedience.

For the fourth Quere:Quest. 4. Whether Kings and Kingdomes be Gods ordinance; or an institution Iure divino, not a humane ordinance, instituted Iure …umano? or, how farre divine or humane? Is a necessary considerable question grounded on this Text▪ and very needfull to be discussed to cleare the present controversie.

Some of our opposites are so intoxicated with the divinity of Monarchy, as they confidently ssDoctor Ferne, Sect. 2. 3 App…ale to the Conscience, p. 11. …0 15. The necessitie of subjection, Christus D…i, p. 11. 12. with others.determine; hat the efficient cause of royall Monarchicall power is onelyonly God; not the people. That Kings receive no power or regall Authority from the people, but from God alone; That the power of Kings is not a humane, but a divine power, of which God onelyonly is the efficient cause. That the people doe not make the King, but God properly and absolutely; this power, right and authority he hath from God. That the King hath no dominion and power from his Subjects by way of trust, but from God, from whom he hath his kingdome and power, so …hat by Idolatry and oppression, he breakes not the trust reposed in him by hi… Subjects, because the people HAVE COMMITTED NOTHING TO HIS CHARGE, but God onelyonly, &c. For proofe whereof they produce Prov. 8. 15. By me Kings reigne, Dan. 2. 21. God removeth Kings and setteth up Kings, Dan. 4. 17. 25. The most high ruleth in the kingdome of men, and giveth it to whomsoever he will; and setteth up over it the basest of men, with Hos. 13. 11. 1 Sam. 10. 1. Ier. 27. 5, 6, 7. Isay 45. 1, 2. and other Texts.

To this question distinctly, answerAnsw. and dissipate these grosse erroneous Paradoxes; we must distinguish:

First, betweene, Government it selfe in generall, and kingly or other kindes of government, in speciall, (as our opposites distinguish betweene, a Sabbath, and the Sabbath; the first they say is morall and of divine institution, the later not.)

Secondly, betweene the Regall power of Kings, the persons invested with this power, the manner of obtaining, and the administration of their power.

Thirdly, of Gods manner of instituting and ordaining things; which is two fold, immediately by himselfe, mediately by others. And these institutions of both kinds are either universall, extending to all places, Nations; or particular, concerning some Countries, and Nations onelyonly, and not others; Perpetuall for ever, or temporall onelyonly for some set time: Immutable, not capable of the least alteration; or mutable, and that either at the pleasure of God onelyonly; or at the will of men, when they shall see just cause, either in part or in whole.

Fourthly, in what severall senses things may be said to be of God. First, in respect of his owne immediate institution. Secondly, of his generall or speciall commands. Thirdly, of his generall or speciall disposing providence, without any speciall institution or command. Fourthly, of his approbation of, assent unto, and blessing on the meere institutions of men. Fiftly, of his permission onelyonly.

To apply these distinctions to the present occas…on.

First, it is cleare, that power and government in generall are Gods owne institution; who as he hath appointed (in the great fabricke of the world a ttGen… 1. 16. 18. 28. 29 …0. Jer. 31. 35, 36. Psael. 136. 8▪ ….Gen 1:16Gen 1:18Gen 1:28Gen 1:29Jer 31:35Jer 31:36certaine constant p. 116forme of government and subordination of one creature to another) so he hath for the good of mankinde, appointed that there should be some forme of government or other among men in the world; which in respect of families hee hath specially and universally d…creed,uuGen. 3. 16. Exod. 20. 12. Ephes. 6. 1, 2. 5 c. 5. 22. 24. Col. 3. 23. to 25. c. 4. 1, 2. 1 Tim. 6. 1, 2. 1 Pet. 2. 18. c. 3. 1, … 2, 3.Gen 3:16Exod 20:12Eph 6:1Eph 6:2Eph 6:5Col 3:23–251 Tim 6:11 Tim 6:21 Pet 2:18 as that the wife should be subject to the husband, the children to the parents, the servants to their masters; but in regard of Commonweales, or Nations, hee hath left it arbitrary and indefinite, leaving every Nation and Country free liberty to elect such a publike politike forme of government, as themselves should judge most expedient for their publike good, and that mutable (since all humane things are so) as they should see just occasion, not prescribing any sempiternall, immutable forme of government to any particular Nations, Regions, much lesse to all the world.

Secondly, government in generall being thus of God, but the kindes of it thus left arbitrary to mens institution and free election; the particular governments instituted by any Nation for the better regulating of their lives, the preservation of humane society, and advancement of Gods glory, may be truely said in some sense to be of God, though instituted, invented by men. Not because God himselfe did immediately ordain or prescribe them by speciall command to all, or any one people: or because God himself did immediately ordaine or prescribe them by speciall command to this, all, or any one people: but because hee by his generall or speciall providence did direct this Nation to make choyse of such a government, or gave them wisedome to invent and settle it, as most commodious for their republike, till they should see cause to alter it: or because he blessed and approved it, when invented and received by them.

Thirdly, Kingly powers, Kingdomes, Kings (the things now in question) are, and may be said to be of God, and ordained of God, in no other manner or sense, then all other particular Governments or Magistrates are. For this Text of the Romans, speaking onelyonly of the higher powers, the powers that are, and of Rulers; as doth that place of Titus 3. 1. And the Text of Prov. 8. 15, 16. (so much relied on by the objectors) extending as well to all subordinate Rulers as Kings; witnesse the subsequent words, By me Kings reigne, and Princes decree justice: by me Princes rule AND NOBLES, yea ALL THE JUDGES OF THE EARTH; (that is, all Magistrates whatsoever) it cannot but be yeelded; that all and every lawfull kinde of government, all lawfull Rulers and Magistrates of what sort soever are of Gods ordination, and his ordinance, as farre forth as Monarchies are; and what is truely affirmable of the one, is of the other too.

These generalls thus premised as indubitable; I say first of all: That Monarchy or regall power is not of God, nor yet Gods ordinance by way of immediate divine institution or speciall command from Gods owne free motion, as our opposites affirme it.

For first, God himself never immediately instituted a royall Monarchicall government in any Nation whatsoever, no not among his owne people; whose government was at firstyyIosephus A…tiq. Iud. l. 4. c. 8. Carolus Sigo…nius de Repub. Hecraeorum. l. 7. c. 5. Paternall and Pa…riarchicall; next Aristocraticall; then Regall; not by Gods immediate institution and vol…ary designation; but by the peoples earnest importunity, contrary … as is evident by 1 Sam. c. 8, and 9, and 10, and 11. Hos. 8. 4. and the Appendix.

Secondly,zzAristot. Polyt. l. 3. & 5. Polib. Hist. l. 6. Iust. in Hist. l. 1. Cassanaeus Catalog. Gloriae Mundi pars, 5. Consid. 1. Philochius Archila…us de Somnio Viridarii, c. 171. Fortescue c. 9. 13. 15. Mr. Seldens Titles of Honour, part. 1. c. 2, 3, 4, 5. All Poli…icians, and Historians grant, that the originall erection of all Monarchies was either by the peoples free consent and ordination; or by Tyranny and usurpation; or p. 117by conquest; none by divine institution or speciall command from God: And it must needs be so, because most aaGen. 14. 1 Sam. 8. 5. Seldens Titles of Honour, part 1. c. 1. 2. See the Appendix.Gen 141 Sam 8:5kingdomes were primitively erected, either among Pagan Nations and States, who knew not God nor his Word, or among Christian States since speciall commands and Revelations from heaven ceased: which if our opposites deny; I shall desire them to instance in any one Monarchy in the world, instituted immediately by God himselfe, or by speciall command from his owne free motion: Till this be done, all their asseverations will be accounted fabulous.

Thirdly, if Regall power be Gods ordinance by way of divine immediate institution and command; then this institution of Regall Monarchy, with the severall Prerogatives, and boundaries of it, would appeare in some Text of Scripture, and this government would be specially and perpetually prescribed either to all, or some particular Nations by God himselfe. But this institution, with the generall Prerogatives and bounds of Regall Authority, are no where extant in Scripture, neither this forme of government therein prescribed, but left arbitrary to all or any Nation in particular, for ought any man can demonstrate. Those Texts which concerne the Kings of the Israelites in point of soveraignty, and Prerogative, being judiciall onelyonly, and peculiar to that Nation, nor morall, or extending unto others. Therefore it is not Gods ordinance by way of divine immediate institution, or command.

Fourthly, if it were of divine ordination in this sense; then the Regall power and authority of all Kings and Monarchs in the world should bee equall, yea the very same; and there should be no different kinde of Kings; as the divine authority of all Ministers (being of Gods owne institution by one and the same commission) is one and the same: But the regall power and jurisdiction of all Kings and Monarchies in the world is not equall nor the same; for some have farre greater authority then others; there are many different sorts of Kings in the world, some onelyonly annuall, …thers for life, others hereditary, others at will, deposible at the peoples pleasures when ever they offended, (Such were the Kings of the bbProcop. Vand. l. 1.Vandalls in Africk, of the ccAmmon. l. 2. c. 2. l. 4. c. 25. Hugo Grotius de Iure Belli. l. 1. c. 3. c. 58. 72.Gothes in Spaine; cum ipsos deponerent populi quoties displicuissent: such the Kings of the Heruli (Procopius, Gothieorum) Of the Lombards, Paulus Warnafredi, l. 4. & 6. Of the Burgundians, Ammianus, 11. lib. 28. Of the Moldavians, Laonichus Chalcocandylas; the King of Agadis among the Africans, Ioannis Leo, lib. 7. Of the Quadi and Iazyges (in excerptis Dionis) with sundry others hereafter mentioned.) Some elective, others successive, some conditionall, others absolute, as I have plentifully mentioned in the Appendix. Therefore they are not of divine ordination in the objectors sense.

Fiftly, If Kings were of divine ordination in this sense, then their kingdomes and people upon their Elections, Institutions and Coronations could not justly prescribe any conditions, oathes or covenants to them, upon promise of performance whereof they onelyonly accept of them to be their Kings, refusing else to admit them to reigne over them; and such conditions, oathes, covenants, would be meere nullities, since men have no power at all to detract from Gods owne divine institutions, or to annex any conditions or restrictions to them. But our Antagonists themselves dare not averre, that Kingdomes and Nations upon their Kings Coronations, Institutions and elections may not lawfully prescribe conditions, oathes, and limitations to them, upon promise of performance whereof they onelyonly submitted p. 118to them as their Soveraignes, it being the received practise of our owne, of all or most other Kingdomes whatsoever,eeSee Part …. p. 51 to 76. Ed…t. 2▪ especially elective ones, and confirmed by divine Authority, 2 Chron. 10. 1. to 19. Therefore they are not of divine institution in the objected sense.

Sixthly, AllffBracton l. 3. c. 9. Fl…ta l. 1. c. 5. 17. See here, p. …5. & part 1. p. 8…. Lawyers and most Orthodox Divines determine, that Kings have no other just or lawfull royall Authority, but that which the Lawes and customes of their Kingdomes allot them, and that the Law onelyonly makes them Kings, from which if they exorbitate they become Tyrants and cease to be Kings. Their Royall authority therefore is of humane institution properly, not Divine; from their people, who both elect, constitute them Kings, and give them all their regall Authority by humane Lawes enacted, not from God as the onelyonly efficient cau…e.

Seventhly, All Kingdomes, Monarchies, Policies, are mutable and variable in themselves, while they continue such; yea, temporary and alterable into other formes of Government by publicke consent, if there be just cause; without any immediate command or alteration made by God himselfe, or his divine authority: There being no positive Law of God confining any Nation, (whose humane earthly condition is still variable) to a Monarchicall or any other constant forme of government only, much lesse for perpetuity without variation. Therefore, they are not of divine institution in this sense.

Eightly, St. Peter expressely defines Kings and Monarchies, in respect of their institution, to be humane creatures, or institutions, 1 Pet. 2. 13. Submit your selves to every ORDINANCE OF MAN for the Lords sake; whet…er it be to the King, as supreame, &c. And they are common to Pagans who know not God, as well as to Christians. Therefore, they are not simply divine, but humane Ordinances.

Ninethly, Our Antigonists will yeeld, that other formes of Government, whether Aristocraticall, Oligarchicall, Democraticall, or mixt of all three, are not absolutely and immediately of divine institution; nor yet Dukes, Principalities, with other inferior Rulers, though the Apostle in this Text makes them all equally Gods Ordinance, and Divine. Therefore Monarchy, Kings and Kingdomes are not so.

Tenthly, The very Text it selfe seemes to intimate, that Royalties and higher powers are not of God, by way of originall or immediate institution…, or command: for the Apostle saith not; that all powers whatsoever were originally instituted and ordained by God himselfe; but, There is no power but of God; The powers that be, are (not were at first) ordained (or rather, ordered) of God: that is; where powers and Governments are once erected by men, through Gods generall or speciall providence, there God approves and orders them for the good of men.

2. If Monarchies, and Kings themselves be not of divine institution, and Gods ordinance in the former sense, as is most apparent: & Aristotle, Plato, all Politicians grant; Then they are so onelyonly in some other sense, in what I shall truely informe you.

First, They are of God, and his Ordinance, by way of imitation, as derived from Gods owne forme of Government, which is Monarchicall; Whence he is called, ggPsal. 86. 10 Deut. 32. 39. Isa. 37. 16. c. 44 6. 1 Cor. 8 4. Ephes. 4. 6.Ps 86:10Deut 32:39Isa 37:161 Cor 8:4Eph 4:6The only God, God alone, hh1 Tim. 6. … 5 6. 15. Rom. 17. 14. c. 19. 16. Deut. 10. 17.1 Tim 6:5Deut 10:17the King of Kings, and Lord of Lords.

Secondly, By way of approbation; He iiDeut. 17. 14. 15, 16. 1 Sam. 8. 22. 2 …am. 7. 12.Deut 17:14Deut 17:15Deut 17:161 Sam 8:221 Sam 8:2approves and allowes this kinde of Government where it is re…ived, as well as other formes.

Thirdly, by way of direction, he gives divers generall kk2 Sam. 23. 3, 4. … King 11 11. 38 2 Chro. 9, 8. Prov. 31. 42 Sam 23:32 Sam 23:42 Chr 9:8Prov 31:4rules and directions to p. 119Kings (and to other Rulers and Magistrates also as well as them) in his sacred word how they ought to demeane themselves, towards him and their Subjects; and likewisell1 Tim. 2. 1, 2. 1 Pet. 2. 13, 14. Rom. 13. 1 to 7. Tit 3. 1.1 Tim 2:11 Tim 2:21 Pet 2:131 Pet 2:14Rom 13:1–7Titus 3:1 to Subjects, how they should carry themselves towards their Kings; and all other Rulers and Governours temporall or spirituall: in which sense they may be properly said, to be ordered and ordained too, of God.

Fourthly, By way of speciall providence and incitation; God excites and moves some people to make choyce of Kings, and Monarchicall formes of Government, rather than others; and to elect one man or family to that dignity rather than others, yea his providence mightily rules and swayes in the changes, the elections, actions, counsels, affaires of Monarchies, Kingdomes, Kings, States, to order them for his own glory, the Kings, the Subjects good or ill, in wayes of Justice or Mercy; as is evident by Dan. 2. 21. c. 4. 17. 25. Hos. 13. 11. Ier. 27. 5, 6, 7. Isa. 45. 1, 2, 3. c. 10. 5. to 20. Psal. 110. 5. Psal. 113. 7, 8. Iob 12. 18. to 25. Dan. 5. 26. 28. The genuine d…ift of all these Texts.

Fifthly, Kings may be said to be of God and his Ordinance, because they, (and so all other Rulers, Judges, Magistrates as well as they, in respect of their representation and the true end of Government) are said to be Gods; to be Gods Ministers and Vicegerents; to sit upon Gods Throne, and ought to reigne, to judge for God, and to rule Gods people according to Gods Word, with such justice, equity, integrity as God himselfe would Governe them. Exod. 22. 28. 2 Chron. 9. 8. Rom. 13. 4, 5. 2 Sam. 23. 3. Psal. 78. 72, 73, 74 2 Sam. 5. 2. Prov. 8. 15, 18. Psal. 82. 1. 1 Cor. 8. 5. Isa. 32. 1. c. 9. 7. c. 16. 5. Deut. 1. 17.

Sixthly, Ill Kings, and Tyrants, may be said to be of God, by way of permission, and of Ordination too, in reference to the peoples punishment, Iob 34. 30. Hos. 13. 11. 1 Sam. 8. 18. In these regards (common to all other Governours and lawfull Governments, as well as Kings and Monarchies) Kings and Kingly Authority, are and may be said to be of God, and Gods Ordinance; yet not immediately, or properly in the first acception, here refuted, but so as that still they are really the institutions and ordinances of men, of humane, not divine right, and authority.

As for the objected Scriptures to prove Kings jure Divino, Object.as Prov. 8. 15. By me Kings Reigne, &c. Ergo, they are of immediate divine institution, and have all their authority from God, not from the people, and may in no case be resisted, censured, deposed, or put to death for any misdemeanours; the consequences, thence inferred.

I answer,Answ. First, That this Text speakes onelyonly of the promotion or Reigne of Kings;mm2 Chro. 9. 8. Isa. 32. 2. c. 16. 5.2 Chr 9:8Isa 32:2 not of the erection and power of Monarchies; and so doe Daniel. 2. 21. c. 4. 17. 25. c. 5. 2…. 28. with the other objected Scriptures.

Secondly, If it be meant of the rule of Kings; then true it is, that good Kings Reigne by Gods direction, according to his word, executing justice, and judgement, … he enjoynes them; But then it is not true of wicked Kings and Tyrants, who though they Reigne by Gods Providence or permission, yet they rule not by his word and will as he prescribesthem.

Thirdly, If it be meant of the meanes and manner of Kings comming to their Kingdomes, as I conceive it is, and the Texts of Daniel perswade:

True it is: first, That some Kings Reigned and came to the Crowne by Gods immediate p. 120nomination and designation, as Saul, David, Solomon, Ieroboam, Iehu, and Hazael did: But that all, or most did heretofore, or now doe so, especially in Pagan Kingdomes, is a notorious falshood.

Secondly, it is true, That most lawfull Kings in hereditary or elective Kingdomes, come to their Crownes, and Reigne; though not by Gods immediate nomination, yet by his ordinary or speciall providence, (though it be untrue of Vsurpers, and Tyrants who come to Reigne by Treason, Murther, or other unlawfull meanes; and so by GodsllSee Doctor Willet, Paraeus, and others on Rom. 13.Rom 13 permission onelyonly, rather than his providence: and then the sense of the place is but this; That Kings receive their Crownes, and Reigne by Gods generall, or more speciall providence: Which I thinke is the full and proper sense of the place. In this sense C. Plinius Seeundus a heathen in his admirable Panegyric to the Emperour Trajan, a Pagan, Rhetorizeth thus of him: Quid enim praestabilius est, aut pulchrius munus Deorum, quam castus & sanctus & Diis simillimus Princeps? Ac si adhuc dubium fuisset sorte casuque Rectores terris, an aliquo numine darentur, Principem tamen nostrum liqueret DIVINITUS CONSTITUTUM. Non enim occulta potestate fatorum, sed ab Iove ipso, coram ac palam repertus, electus est, &c. Which**Apologeticus. Tertullian thus seconds, speaking even of the Roman Pagan Emperours. Inde est Imperator, under & homo antequam Imperator; inde Potestas ei, unde & spiritus: Per Deum tantus est: So Irenaeus, Cujus jussu homines nascuntur, hujus jussu & Reges constituuntur. And Diodorus Siculus of the Aegyptians; Existimant non SINE DIVINA QUADAM PROVIDENTIA, pervenisse ad summam de omnibus Potestatem: So the mmPorphyr.Esses, hold this opinion, Non obtingit cuiquam Imperium sine Dei cura speciali: So nnApud Cassiodoru….Vitigis, Omnis Provectus, maxime Regius, ad Divinitatis munera referendus est: and Clemens ooApostol. constit. 1. 7. c. 17.Romanus, too. Regem timeto, sciens Domini esse electionem. Which Grotius de Iure Belli, l. 1. c. 3. Sect. 8. confirmes with other Authorities; all concurring in this, That Kings and Emperours are such onelyonly by the selfe-same PROVIDENCE OF GOD, by which they were men before they were Emperours; which gives them no greater Prerogative in respect of irresistibility in unjust exorbitant actions, then their being men, by the selfe-same providence of God, gave them before they were Emperours, as Tertullians words most clearely prove.

But what priviledge this alone should yeeld to Kings, more than to any other Magistrates, Men or Beasts, for my part I cannot yet discerne. For doth not the same Text say of Nobles, Princes, Judges, as well as of Kings, Prov. 8. 15, 16. By me Princes (put as contradistinct to Kings) decree justice; By me Princes Rule AND NOBLES, YEA ALL JUDGES OF THE EARTH? Doth not David say of all kinde of Promotions whatsoever, Psal. 113. 7, 8. The Lord raiseth the poore out of the dust, and lifteth the needy out of the dunghill; that he may set him with Princes, even with the Princes of his people? And Psal. 75. 5, 6. Promotion commeth neither from the East, nor from the South; but God is the Iudge; he putteth downe one and setteth up another? Nay, doth not Christ informe usppMat. 10. 29 30. Luk. 12. 6, 7.Matt 10:29Luke 12:6Luke 12:7 That the very haires of our head are all numbred? That two sparrowes are sold for a farthing, and yet one of them shall not fall on the ground without our Fathers providence? Yea doth not every man, yea every Bird, Beast, Fish, Raven, and living creature whatsoever, (as the ScriptureqqPsal. 105. 27. to 32. Psal. 145. 14, 15, 16. Psal. 17. 27, 28.Ps 105:27–32Ps 145:14Ps 145:15Ps 145:16Ps 17:27Ps 17:28 expressely resolves) receive, enjoy their Lives, Honours, Offices, Estates, food, rayment, being, preservation, by Gods generall and speciall providence, as well as Kings their Crownes, Honours, Lives, Estates?

p. 121And is not the providence, yea are not the very ooPsa. 307. Psal. 92. 11, 12… Act. 12. 7, to 18. Heb. 1. 14.Ps 92:11Ps 92:12Acts 12:7–18Heb 1:14Angels of God, who are all ministring spirits, sent forth to minister to them who shal be heirs of salvation, as vigtiant …ver every pious Christian (though never so mean & despicable) as over the greatest Monarch in the world? If so, as all men must necessarily acknowledge (there being ppRom. 2. 1… Acts 10 34. 1 Pet 1. 17. Deut. …0. 17. Iob 34. 19, 20. 2 Chron▪ 19. 7. Gal. 2. 6. Ephes. 69 Col. 3▪ 25.Rom 2:1Acts 10:341 Pet 1:17Job 34:19Job 34:202 Chr 19:7Gal 2:6Col 3:25no r…spect at all of persons with God, who accepts not the persons of Princes, regards the rich no more th…n the poor, for they are all the work of his hands) then kings reigning by the Providence of God, can of itself no more …xemp… them from resistance▪ censures, deprivations, for their dete…table publike crimes, then it exempts any other Nobles, Princes, Iudges, Mag… strates, Christians, or the mean…st subiects whatsoever; which I shall make good by one more unanswerable demonstration. There is not one of our Antagonists but will acknowledge, that Prie sunder the Law, and all Ministers under the Gospell, if rightly qualified, are made such not only by Gods speciall P…ovidence, but likewise by Divine institution from God himself; Nay, Tollet, qqQuest. 4 … Rom. 13. p. 580. See Cassan…us, Catalogus Gl… riae Mundi, pars 4. Consid. 1▪ to 8.Rom 13Willet, and many others on this very Text of the Romanes, make a difference between the civill and Ecclesiasticall Regiment and Power: for the first (say they) is so from God, that yet the institution thereof may be devised and altered by man, and therefore Peter calls it, the Ordinance of man; but the spirituall Power is immediatelly instituted by God, and no wayes alterable or determinable by man: And therefore the Apostle saith Ephes. 4. 11. He gave some to be Apostles, some Prophets, some Evangelists, &c. So that by their determination, Ministers are more Gods Ordinance, and more jure Divino, then Kings; yea but few years since they all professed themselves to be as much, if not more, Gods anointed then Kings; and some of our**Archbishop Laud and Neal, in the High Commission and Starc…amber. Archest Prelates made publike challenges in …he open Court, That if they could not prove their Lordly Episcopacy to be Iure Divino, they would presently burn their Rochets, and lay down their Bishopricks; though they never made good their promises: & to doubt, whether the Pope and his supreme Authoritie be iure Divino by Christs own immediate institution, deserves a fagot in the Roman Church: Yet not withstanding all this Divine Right and institution, our Opposites will grant, That if Popes, Archbishops, Bishops, Priests,rrSee Bellar. de Rom. Pon…. Cassanaeus Catalog▪ gloriae Mundi, pars 4… consid. 7. Ministers preach false Hereticall doctrines, oppresse, wound, slay, rob, plunder the people committed by God to their cures; or attempt with force to subvert R…ligion, Laws, Liberties; or commit any capitall offences, they may not onelyonly with safe conscience be resisted, repulsed by their people, but likewise apprehended, arraigned, deprived, condemned, executed, by Lay Iudges, as infinite examples in our Hi…ories manifest, and the …xample of Abiathar the High Priest, 1 Kings 2. 26, 27. And if so, then why not Kings as well as they, or other temporall M…gist…ates, not withstanding any of the objected Texts? Either therefore our Oppo…ites must grant all Bishops, Priests, Ministers, yea, all o…her Magistrates whatsoever, as irresistible, uncensurable, undeprivable, uncondemnable, for any crimes whatsoever, as they say kings are, which they dare not do; or else make Kings as resistible, censurable, deprivable, and lyable to all kindes of punishments, (by their whole Kingdoms consent in Parliament) as far forth as they, notwithstanding all the former Objections, which quite subverts their cause.

Thirdly, Kings and Kingdoms are not so Gods Ordinance, as that they should be universall over all the world, and no other Government admitted; or so, as any one Nation whatsoever should be eternally tyed to a Monarchicall Government, without any power to alter it into an Aristocracy, or other form, upon any occasion; or so a… unalterably to continue the Soveraign power in one family alone, as not to be able p. 122to transfer it to another, when the whole State shall see just cause: Hereditary Kingdoms being but Offices of publike trust for the peoples good and safety, as well as elective; most of them were elective at first, and**F…xius de Rege, &c. p. 17. Grotius de iure Belli, l. 1. c. 3. n. 10. made hereditary onelyonly either by violent usurpation, or the peoples voluntary assents and insti…tution, and not by any immediate divine Authority, and so alterable by their joynt assents, asssExplan. Artic. 42. Zuinglius, ttDelure Reg. apud Scotos.Buchanon, vvDe Rege & Regis Instit. l 1. c. 4. to 8.Mariana observe, and the Histories of most Kingdoms, the experience of all ages evidence. Which truths being generally confess…d by allxxArist. Polit. l. 3. & 5. Polyb. Hist. l. 6. Gen. Hist. of France, Spain, Hungary, Bohemia, England. Grotius de iure Belli, l. 1. c. 4. n. 7. Covaru. Quaest. Illustr. T, 2. 396, n. …. 4. Vasquries Contr. Illustr. 59. n. 8, 6…. n. 22 100. n. 29. Hookers Eccles. Po…l. 1. sec. 10. p. 69. 70, 71. Polititians, Historians, Statists; by many judicious Divines, contradicted by no one text of Scripture that I have met with which our Opposites have objected hitherto, they will finde all Monarchies upon the matter, to be meer humane Institutions, alterable still by that humane Power which did at first erect them, and subordinate still thereto, as the Creature to its Creator; and to be Gods Ordinance onelyonly in regard of speciall providence, and the like, a… other inferiour Magistrates, Rulers are, who may be justly resisted, altered, removed, censured, notwithstanding the objected Text. From which whiles some men earnestly presse, that every soul by Gods own Ordinance, ought to be subject to some publik… civill power, (whichyySee Scripture and reason pleaded for defensive Arms, p 30, 31, 32. others saf…ly deny, since the Patria…ks, the first families of most Nations and Countries were not so, and all Nations, all people before setled publi…e governments, were erected, which in many places are not very ancient; since those whose Parents are dead, and are not by them sub…ected to a Government, are naturally free; and none bound to part with their freedom to any other, unlesse they see a necessitie, a great advantage, and that upon such terms and conditions as they deem meet,) they involve even Kings and Emperours themselves by Gods own Ordin…nce, in a subiection to a superiour earthly c…vill power, to wit, to their Laws, Parliaments, Kingdoms, (which I have proved Paramount them, collectively considered) according to the common proverbezzSen…ca Grotius de Iure Belli, l. 1. c. 4. sect. 6. p. 84. Omne sub Regno graviore Regnumest; and that ofaaEccles. 5. …. Quest. 5.Eccl 5 Solomon (concerning oppressing Kings and Judge…) He that is higher then the Highest considers, and there be higher then they: And so make kings …ot onelyonly resistble by their whole Kingdoms the supreme Soveraign power, but likewise subiect to their Realms superiour commands, and uncapable to resist their lawfull power and Forces even in point of Conscience, by vertue of this very Text. And so much for the fourth Question.

For the fifth and last,bbSee Paraeus, Willet, Tollet, Soto, Marlora…. and others on this Text. What kinde of resistance of the Higher powers is here prohibited? I answer briefly, That resistance is here forbidden, which is con…rary to subiection or obedience, as the words, Let every soul be subject to the higher Powers, coupled with the ensuing reason, Whosoever therefore resisteth (that is, disobeyeth, or is not subiect to) the Power, resisteth the Ordinance of God; and they that resist shall receive to themselvs damnation. In the Greek there are two distinct words used, foreign, & foreign, the Latine, English, French, Dutch use them both as one, without distinction: The first word signifies properly disordered, counter-ordered, on ordered against, (as Paraeus, Willet, and others observe) and it is thus used by the Apostle, 2 Thess. 3. 6, 7, 11; or disobedient. 1 Tim. 1. 9. The later word signifieth properly to resist, withstand, or oppose; in which sence it is used, Matth. 5. 39. Luk… 21. 1, 5. Act. 6. 10. Rom. 9. 19. Gal. 2. 11. 2 Tim. 3. 1. Hebr. 12. 4. Iam. 4. 7. chap. 5. 6. 1. Pet. 5. 9. and applied indiffer…tly both to a spirituall, corporall, and verball resistance of the Holy Ghost, the Devill, or men: Since▪ then the Apostle in this Text useth the Hebrew phrase Soul, not Man, Let every Soul be subject to the High…r Powers: because p. 123(as Haymo, Tollet, Willet, Soto, and most other Interpreters observe) weccIudg 5. 2. 9. 1 Cor. …. 3. 12. 1 Cor. 9. 17. 1. Pet. 5. 2. Philem 14. 1 Chron. 29. …. 9 14. 1 Tim. …. 18. Exod. 35. 21, 22. 29. 1 Chron. 28, 9. Psal. 100. 3.Judg 5:2Judg 5:91 Cor 9:171 Pet 5:2Phlm 1:141 Chr 29Exod 35:21Exod 35:22Exod 35:291 Chr 28:9Ps 100:3 ought willingly and cheerfully to submit to the higher Powers, not only with our bodies, but soules and spirits too: I may hence cleerly inferre, that the resistance of the higher Power here prohibited as contrary to this subjection, is not only that which is corporall and violent by force of armes, as the Objectors glosse it; but that likewise which is verball, mentall, spirituall in the soule it selfe without the body, and no more then a meer passive resistance, or not obeying: For not to doe what the higher Powers enjoyn, is in verity actually to resist, to withstand them; as not to doe the will, not to yeeld obedience to the motions, dictates of the Holy Ghost or devill is really to resist them, even in Scripture phrase: Yea, corporall resistance or opposition by way of force is only an higher degree of resistance, but not the onelyonly or proper resistance here prohibited, which relates principally to the Soule and Spirit. For as corporall forced obedience against a mans will which still holdsdd2 Cor. 9. 7.2 Cor 9:7 out, is no true obedience in the esteem of God or men: and as the very essence, life of all outward obedience consisteth eeSee (c) beso. 2 cor. 9. 13. 7. Rom. 12. 8. 11.Rom 12:8Rom 12:11principally in the cheerfull submission or activity of the soule or will: So a forced corporall resistance against the mind or conscience, is in a manner no resistance; and the very malignity, quintessence of all inward or outward resistance, disobedience, rests only in the mind, soule, will; and is here principally forbidden, as is evident by the 5. verse; Wherefore ye must needs be subject, not onelyonly for wrath (which relates only to the body, which mens wrath can only harm in case of disobedience, Mat. 10. 28.) but also FOR CONSCIENCE SAKE, which principally, if not wholly relates unto the soule, of which the conscience is a chief-overruling part. This then being altogether irrefragable, gives our Antagonists, with Dr. Fern, an etern all overthrow, and unavoidably demonstrates the resistance of the Higher Powers here prescribed, to be only of iust lawfull powers in their l…st commands or punishments▪ which we must neither corporally, verbally, nor so much as mentally resist, but readily submit too with our very soules, as well as bodies: not of Tyrants or ungodly Rulers uniust oppressions, Forces, proceedings to subvert Religion, Lawes, Liberties, which all our Opposites, all Divines whatsoever grant, we are bound in conscience passively to resist, and disobey; yea, with our Tongues to ggLevit. 19. 17. Mat. 14. 4. Psal. 139. 21. 22. P…. 29. 27. Ps. 11. 5.Lev 19:17Matt 14:4Ps 139:21Ps 139:22Ps 11:5reprehend, and our Souls and spirits to oppose, detest, abhorre, hate in the very highest degree of opposition, notwithstanding this inhibition: And therefore by like reason are no wayes prohibited, but authorized by it, even forcibly to resist to our utmost power, have we meanes and opportunity so to doe, as the Parliament now hath: That power and proc…edings which Christians may lawfully with good conscience, yea and are bound to resist with all their souls, minds, tongues, they justly may and must likewise resist with all their corporall might and strength; especially if they have good opportunity, publike encouragements, and meanes to do it, as Deut. 6. 12. 1 Pet. 5. 9. Iude 3. 4. Phil. 1. 27, 28. 1 Cor. 16. 13. compared together, and with the premised Scriptures, fully evidence. But Christians may lawfully with good conscience, yea must resist with all their souls, minds, tongues, the fore-named violent proceedings of kings, Oppressors, ill Counsellors and Cavaleers, and no wayes submit unto them with their souls, minds, tongues, lest thereby they should approve and be partakers, with promoters of their execrable de…ignes; therefore they may and must with safe conscience resist them with all their corporall might and strength, having now opportunity, a Parliamentary publike command and sufficient p. 124meanes to execute it. And thus have I now at last not onelyonly most clearly wrested this sword out of the hands of our great opposite Goliahs, but likewise cut off their heads, and so routed all their forces with it, as I trust they shall never be able to make head againe.

Yet before I wholly take my leave of this Text, to gratifie our Prelaticall Clergy, I shall for a parting blow adde this one observation more, That all ouriiSee Tostatus, Caietan, Cornelius a Lapide, Soto Estrus, with most Popish Commentators, & Dr. Will…t on this Text, Bellarm. de Clericis, and the Canonists, de exemption ibus, & Immunit. Clericorum. Popish Clermen heretofore (and many of them till this day) notwithstanding the universality of this Text, Let every soule be subject to the higher Powers, &c. not only Pretended themselves to be of right exempted from the jurisdiction, censures, taxes of Emperours, Kings, and all Civill Magistrates, (Which priviledges some of our late Prelates began to revive, as the late cases of Mr. Shervill, the Maior of Arundel, and some others evidence, censured for punishing drunken Priests:) but likewise held it lawfull to censure, excommunicate, depose even Emperours and Kings themselves, and interdict their Kingdomes; witnesse not only the kkBp. Bilsons t…ue Difference &c. par. 3. p. 369. to 376. 10. VVhites Defence of the way▪ c. 6. p. 14. to 22.Popes excommunications of many Emperours and Kings, by apparant usurpation and injury; but of sundry Prelates excomunications of their own Soveraigns as of right, and putting them to open penances;llPag. 62. G…. hist. of Spain. as K. Suintilla, Sancho, Ramir in Spain, and others elswhere, of which you may read divers presidents in my Appendix: The History ofmmTheod. Eccles. hist l. 5. c. 17, 18. Sozam. l. 7. c. c. 24. St. Ambrose his excommunicating the Emperour Theodosius for the bloody murther of those of Thessalonica, is so commonly known, that I need not spend time to recite it, nor yet thennSee Math. VVestm. Math. Paris, Hov…d…n Polychron. Fa…. Caxton, Polidor, Virgil, Holinsh. Stow, Grafton, Speed, Daniel in the Lives of Hen …. K. Iohn and Hen. 3. excommunications and censures of our King Iohn, or Henry the 2. and 3. Suano King of Denmark (as Saxo-Grammaticus records) was not onelyonly sharply reprehended, but excommunicated in a most bold and solemn manner by one of his Bishops for his uncleannesse, and murthering some eminent persons, of whom he was jealous, whiles they were at their devotions in the C…urch. ooDanicae hist. l. 11. p. 189, 190. 19….This Bishop instead of meeting this King when he came to enter into the Church, with accustomed veneration, clad in his Pontisicalibus, with his Crosier Staffe; kept him from entring so much as within the Court thereof; calling him not by the name of a King, which he suppressed, but a shedder of mans blood; and not content to chide him, he fixed the point of his Staffe in his brest, preferring the publike scandall of Religion before private society, not being ignorant, that the Offices of familiarity were one thing, the rights of Priesthood another thing, that the wickednesses of Lords as well as servants ought to be revenged, nor are Noble-mens crimes to be more partially censured, then ignoble ones: And not content thus to repulse him, he added an execration therunto and denounced a sentence of damnation against him in his presence, so as he left it doubtfull, whether he repulsed him more valiantly with his hand, or voyce. Hereupon the King considering this Act to proceed from zeale and publike seve…ity against wickednesse, and being confounded with the blush of his guilty conscience, forbad any to resist his violence, and patiently underwent, heard both his repulse and reprehention; After which, this King laying aside his royall Robes, put on old course apparell, desiring rather to testifie his sorrow by the deformity of his habit, then his contempt by the splendor of it. And struck with so sad a sentence of the Bishop, he would not indure to carry about the ornaments of Royall Magnificence; but casting away the ensignes of Regall Majesty, he put on sack-cloth the badge of peni…ence; putting off his power likewise together with his vestment, and of a sacrilegious Tyrant, became a faithfull reverencer of holy things. For p. 125returning bare-foot to the Church-porch, he cast himselfe prostrate in the entrance thereof, and humbly kissed the ground, suppressing, the griefe which is wont most sharply to be inflicted from contempt, with shamefac'…nesse and moderation, redeeming the fault of his bloody reigne with shame and penitence: After which confessing his fault, and craving pardon with teares of the Bishop, he was absolved, and then putting on his Royall Robes, admitted into the Church, and brought up to the Altar, to the exceeding joy of the people, who applauding the kings humiliation and modesty; plus poenitentia pium, quam imperio scelestum euasisse co… fessus: A memorable story of a zealous stout Prelate, and of a penitent submissive wild Prince: I shall only adde to this some few domestick presidents of our Welch KingsppSpelm. Co… cil. tom. 1. p. 381 382. Godwin. Catal. of Bish. Edit. 2. 2. p. 328. Teudur king of Brecknock, for his periury and murther of Elgistill, another King of that Countrey, was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy, in a Synod assembled for this purpose, by uncovering the Altars, casting the Crosses and Reliques on the ground, and depriving him of all Christian communion, Whereupon Teudur unable to undergoe this malediction and rigorous iustice, with a contrite heart, and many teares powred forth, craved pardon of his crimes, and submitted himselfe to the penance imposed on him according to his quality and greatnesse.qqSpelm Concil. p. 382, 383. King Clotri slaying Iuguallaun treacherously, contrary to his League and Oath, Berthgwin the 14. Bishop of Landaffe, hearing thereof, assembled a Synod of his Clergy at Landaffe, and solemnly excommunicated the King with all his Progeny and Kingdom, by uncovering the Altars, casting down the Crosses on the earth, and depriving the Countrey both of Baptisme and the Eucharist. Whereupon the King unable to endure so great an excommunication, with great deiection submitted himselfe to the Bishop, and leaving his Kingdom, went on pilgrimage into forraign parts for a long space; after which returning, by the intercession of king Morcant, he obtained ab…olution from the Bishop, to whose enioyned penance he submitted himself, conferring divers Lands upon the Church. And in another Synod at Landaffe under this Bishop, King Gurcan, for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid; whereupon he craved pardon, resolved to put away his Mother-in-law, promised satisfaction by k. …udhail his Intercessor; upon which he was absolved, upon promise of amendment of life, with fasting, prayer and almes; after which he bestowed divers Lands on the Church. rrSpelm. Con. p. 383, 384. Godw. Catal. of Bish. p. 523.Houell king of Gleuissig, contrary to his Oath & League, trecherously circumverring and slaying Gallun, hereupon Cerenhir the 18. Bishop of Landaffe, calling a Synod, solemnly excommunicated him by laying all the crosses on the ground, overturning the Bells, taking the Reliques from the Altar and casting them on the ground, depriving him of all Christian communion, under which excommunication he remained almost a whole yeers space; After which, this king came bare-foot to the Bishop, imploring his absolution from this sentence with many teares, which he obtained after publke penance enoyned. Not long after the same Bishop and his Clergy in another Synod, for the like crime, in the self-same forme excommunicated Ili sonne of Conblus, till he came bare-footed with teares and prayed absolution; which upon performance of enjoyned penance, promise of future reformation, with prayers, fasting, almes, and the setling of some Lands on the Church, was granted him by the Bishop. SossSpelm. Concil. p. 385, 386. Loumarch son of Cargnocaun, was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See, for violating the patrimony of the Church; and king p. 126Brochuail, with his family convented before a Syno…e, threatned Excommunication, enjoyned Penance and satisfaction by the Synode, for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe. **Goduin. Catalog. of bis…. p 527.Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe, for treach… rously putting out the eyes of Etguin during the truce between them; After which he was again publikely exc…mmunicated in a Synode, for violating the Sanctuarie of the Church of Landaffe, and hurting some of this Bishops servants; and not absolved till he made his submission, and did his Penance, and gave some la…ds to the Church for satisfaction of these offence. ThusuuSpeknanim. Concil Tau. 1. p. 626, 627. Goduin. Edit. 2. p. 528. Calgucam King of Morganauc, and his whole family were solemnly excommunicated by Her…wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy, onelyonly because one of the Kings followers being drunk, laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day, Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground, the Bells overturned, the Church doors stopped up with thorns, so as they continued without a Pastor and Divine Service day and night for a long season, till the King (though innocent) submitted himself to the Bishop; and to obtain his absolution, gave Hen…inguinna to him and his Successors for ever, free from all secular and royall services, in the presence of all the Clergie and people. SoxxMat. Paris, H…st. p. 551. 715 Goduin. catalo. p. 537. 547. Richard the tenth Bishop of Bangor, excommunicated David ap Lhewelin, Prince of Wales, for detaining his brother Griffith prisoner, contrarie to his Oath, repairing to him upon the Bishops word for his safe return, who never left vexing him, till he had delivered him up to to the King of Englands hands. Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie, which for brevity I pretermit; onelyonly I shall inform you, thatyyAntiqu. Eccles. Bul. p. 245. See Walsingh. Hist. Angl p. 138. to 144. Iohn Stratford Archbishop of Canterbury, in the 14. year of K. Edw. 3, contesting with this King, and excommunicating divers of his followers, and all the infringers of the Churches Liberties, presumed to write thus unto his Soveraign; There are two things by which the world is principally governed, The sacred Pontificall authority, and the royall power, of which the Priesthood is by so much the more weighty, ponderous, and sublima, by how much they are to give an account of kings themselves at the Divine audit: And therefore the kings Majesty ought to know, that you ought to depend on their judgement, not they to be regulated according to your will. For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings, Princes, and all faithfull Christians? Is it not known to be a part of miserable madnesse, if the son should endeavour to subjugate the Father, the servant the master to himself? The Canonicall authority of Scriptures testifieth, that divers Pontiffs have excommunicated, some of them Kings, others Emperours: And if you require somewhat in speciall of the persons of Princes; Saint Innocent smote the Emperour Archadius with the sword of excommunication, because he consented that Saint John Chrysostom should be violently expelled from his See. Likewise Saint Ambrose Archbishop of Millain, for a fault which seemednot so hainous to other priests, excommunicated the Emperour Theodosius the great: From which sentence, having first given condigne satisfation, he afterwards deserved to be absolved; and many such like examples may be alleaged, both more certain for time, and nearer for place. Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power, if they chance to offend through humane frailtie: For it is the duty of a good and religious Prince to honour the Priests of God, and defend them with greatest reverence, inimitation p. 127of the Pious Prince of most happy memory, Constantine, saying, when the cause of Priests was brought before him, You cannot be iudged by any, to wit, of the secular judges, who are reserved to the iudgement of God alone; according to the assertion of the Apostle (very ill applied) saying, The spirituall man is iudged of no man, 1 Corinth. 2. 15. (Not mean of Bishops or Clergie-men, but Saints alone, endued with Gods Spirit, not of judging in courts of iustice, but of discerning spirituall things, and their own spirituall Estates, as the Context resolves.) Thus and much more this Prelate, who notwithstanding this text of the Romanes, pleads an exemption of all Bishops and Priests from the kings secular power, by Divine Authority, and arrogates to Priest and Prelates, a iudiciary lawfull power over Kings themselves, to excommunicate and censure them for their offences. And to descend to later times, even since the the Reformation of Religion here, Iohn Bridges Dean of Sarum, and Bishop of Oxfort, even in his Book intituled, The supremacy of Christian Princes over all persons thorowout their Dominions, in all causes so well Ecclesiasticall as spirituall, printed at London, 1573. p. 1095. writes thus; But who denies this (M. Saunders) that a godly Bishop may upon great and urgent occasion, if it shall be necessary to edifie Gods Church, and there be no other remedy, flee to this last censure of Excommunication AGAINST A WICKED KING? Making it a thing not questionable by our Prelates and Clergie, that they may in such a case lawfully excommunicate the King himself: And Doctor Bilson Bishop of Winchester, in his True difference between Christian subiection and unchristian Rebellion, dedicated to Queen Elizabeth her self, printed at Oxford, 1595. Part. 3. Page 369. to 378. grants, That Emperours, Kings and Princes, may in some cases be Excommunicated and kept from the Lords Table by their Bishops; and grants, That with Hereticks and Apostates, be THEY PRINCES or private men, no Christian Pastor nor people may Communicate: Neither finde I any Bishop o… Court Doctor of the contrary opinion, but all of them readily subscribe hereto. If then not onelyonly the ill Counsellors and Instruments of Kings, but Kings and Emperours themselves, may thus not onelyonly be lawfully, iustly resisted, but actually smitten and excommunicated by their Bishops and Clergy, with the spirituall sword, for their notorious crimes and wickednesses, notwithstanding this inhibition; (which**Theod. Eccles. Hist. 1. 4. c. 5, 6. Valentinian the Emperour confessed; and therefore desired, that such a Bishop should be chosen and elected in Millain after Auxentius, as he himself might really and cordially submit to him and his reprehensions, since he must sometimes needserre as a man, as to the medicine of souls; as he did to Ambrose, when he was elected Bishop there;) why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword, and subjected unto the censures of the whole Kingdoms and Parliaments, transce…ds my shallow apprehension to conceive, there being as great, if not greater, or the very self-same reason for the lawfulnesse of the one, as of the other. And till our Opposites shall produce a substantiall difference between these cases, or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours, they must give me and others liberty to conceiye, they have quite lost and yeelded up the cause they now contend for, notwithstanding this chief Text of Roma…es 13. the ground of all their strength at first, but now of their ruine.Object. 10.

The tenthxx… Fern Sect. 2. Ap…eal to thy Conscience. Objection is this, that of 1 Pet. 2, 13, 14, 15, 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake, whether it be to p. 96The King AS SVPREAME, or unto Governours, as unto them that are scut by him (to wit, by God, not the King, as the distribution manifests, and Rom. 13. 1, 2, 3, 4.) For the punishment of evill doers, and for the praise of them that doe well, &c. Feare God, Honour the King; wee must submit to Kings and honour Kings, who are the supream Governours; therefore we may in no case forcibly resist them or their Officers, though they degenerate into Tyrants.

To which I answer;Answ. that this is a meer inconsequent; since the submission here injoyned is but to such Kings, who are punishers of evill doers, and praisers of those that do well; which the Apostle makes the Ground and motive to submission; therefore this text extends not to Tyrants and oppressors, who doe quite contrary. We must submit to Kings when they rule well and justly, is all the Apostle here affirms; Ergo wee must submit to, and not resist them in any their violent courses to subvert Religion, Lawes, Liberties; is meer non-sence both in Law, Divinity, and common Reason.

If any reply,Reply. as they doe, that the Apostle, vers. 18, 19, 20. Bids servants be subject to their Masters with all feare, not onelyonly to the good and gentle, but also to the froward: For this is thank-worthy, if a man for conscience towards God endure griefe suffering wrongfully, &c. Ergo this is meant of evill Magistrates and Kings, as well as good. I answer 1.Answ. That the Apostles speaks it onelyonly of evill …asters not Kings; of servants, not subjects; there being a great difference between servants, Apprentices, Villaines, and free-borne subiects, as all men know, the one being under the arbitrary rule and government of their Masters; the other only under the just, setled, legall Government of their Princes, according to the Lawes of the Realme: S…condly, this is meant onelyonly of private personall iniuries, and undue corrections of Masters given to servants without iust cause, as vers. 20. For what glory is it, if when yee be BVFFETED FOR your faults, &c. intimates: not of publike iniuries and oppressions of Magistrates, which indanger the whole Church and State. A Christian servant or subiect must patiently endure private**See Heb. 12. 10. M…tth. 5. 39, 40.Heb 12:10 undue corrections of a froward Master or King: Ergo whole Kingdomes and Parliaments, must patiently without resistance suffer their kings and evill Instruments to subvert Religion, Lawes, Liberties, Realms, (the proper deduction …een) is but a ridiculous conclusion.

Secondly, This Text enjoynes no more subjection to kings, then to any other Magistrates; as the words: Submit your selves TO EVERY ORDINANCE of Man; Or unto Governors, &c. prove past all contradiction; And vers 6 which bids us, Honour the King; bids … first in direct tearmes, HONOVR ALL MEN; to wit, All Magistrates at least, if not all men in generall, as such: There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses, more then there is to any other Magistrate or person whatsoever; God giving no man any Authority to injure others without resistance, especially if they assault their persons or …nvade their Estates to ruine them: Since then inferiour Officers, and other men may be forc…bly resisted when they actually attempt by force to ruine Religion, Lawes, Liberties, the republike, a… I hauehave proved, and our Antagonists must grant; by the self-same reason kings may be resisted too, notwithstanding any thing in this Text, which attributes no more irresistability or authority to Kings, then unto other Magistrates.

p. 129Thirdly, Kings are here expresly called; AN ORDINANCE OF MAN, not God; as I have formerly proved them to be. If so; I then appeal to the consciences of our fiercest Antagonists, whether they do beleeve in their consciences, or dare take their Oathes upon it; That ever any people or Nation in the world, or our Ancestors at first, did appoint any Kings or Governours over them, to subvert Religion, Laws, Liberties; or intend to give them such an unlimited uncontroulable Soveraignty over them, as not to provide for their own safety, or not to take up Arms against them, for the necessary defence of their Laws, Liberties, Religion, Persons, States, under pain of high Treason, or eternall damnation, in case they should degenerate into Tyrants, and undertake any such wicked destructive designe. If not (as none can without madnesse and impudence averre the contrary, it being against all common sence and reason, that any man or Nation should so absolutely, irresistably inslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants, and such a thing as no man, no Nation in their right sences, were they at this day to erect a most absolute Monarchie, would condescend to;) then clearly the Apostle here confirming onelyonly the Ordinances of men, and giving no Kings nor Rulers any other or greater power then men had formerly granted them (for that h…d been to alter, not approve their humane Ordinances) I shall infallibly thence inferre; That whole States, and Subjects, may with safe conscience resist the unjust violence of their Kings in the foresaid cases, because they never gave them any authority irresistably to act them, nor yet devested themselves (much lesse their posterity whom they could not eternally inslave) of the right, the power of resisting them in such cases; whom they might justly resist before, whiles they were private men, and as to which illegall proceedings they continue private persons still, since they have no legall power given them by the people to authorize any such exorbitances.