The Nonconformists Plea for Peace Part 2, Chapter 3
CHAP. III.
Of the Power of Kings, and the peoples obedience.
1. KIngs and all other ſupream Powers are the Officers of God the Creator, and of Chriſt the Redeemer, to whom all power is given by the Father.
2. All their Power is derived from God, and ſubordinate to him.
3. Therefore they can have no more than he giveth them.
4. He is the End as well as the Original of their power; and they have none but for him and his ends, which is His Pleaſure and Glory and the publick good.
5. Their own Honour is included in both theſe; both as part of the ſplendor or Glory of God in the Image of his ſoveraingty, and as part of the common good, they themſelves being a Conſtitutive part of the ſociety.
6. Therefore it is lawful for Kings and all Magiſtrates to go much further than private men in preſ…rving their Honour; (Though even they are in very great danger of exceſs, and pride.)
7. Therefore no Creature hath an Abſolute or unlimited power; becauſe they are all limited by God the univerſal Soveraign. They that with fiery indignation have numbered this doctrine with our errors, ſhould have conſidered, that how ſmall a matter ſoever it is, to ſay that all the lives and eſtates of the ſubject, are unlimitedly at every Soveraigns will, yet it is not a ſmall thing for a Divine to hold, that a King may make Laws to command men to curſe God or deny him, or renounce Chriſt and the hope of ſalvation, or to kill father, or mother without cauſe &c. which muſt follow if he be unlimited by God. Dr. Sibthorpe never ſaid ſo.
8. It is one of the tricks of the Enemies of Soveraignty, cunningly to maintain that Kings have a Power to do all the miſchief in the world, and want nothing but a will; that ſo they may put the ſubjects in a fright when they hear the deſcription of one that is impowred to do ſo much evil, and may make them ſtill diſtruſtful, as thinking that one mans will is inſufficient ſecurity for all their eſtates and lives and ſouls; and ſo may turn their Love and truſt, into hatred and diſtruſt. Therefore ſuch flatterers are hated by wiſe Princes.
9. The people have not (as many Politicians ill affirm) the Majeſtas realis, the ſupream power, either to give or to exerciſe; no nor any Governing power at all, qu… populus; but only where the Government being in part or in whole Democratical, the conſtitution giveth it them as Rulers.
10. It is not every mans natural power over himſelf conjoyned by the voluntary conſent of many, that is the Original of Political power (or Soveraignty) they being ſpecifically diſtinct: nor is it left to the will of men whether there ſhall be Government or not.
11. Nor doth the Power of Kings ariſe naturally from Paternal Power; nor do they need to prove themſelves of the eldeſt houſe, to prove their right to Government.
12. But God as the Vniverſal Ruler hath ſignified his will in the nature of man and of things, than he will have the world live in Political order, and have Government and obedience; ſo that it is Commanded by him in the Law of Nature, antecedently to mens voluntary conjunction (though it may poſſibly fall out that ſome uncapable Individuals, (as thoſe caſt upon a foreign continent or ſolitude) may be under no ſuch obligation.)
13. The people therefore give not the King or any other Soveraigns their Power.
14. Their power reſulteth from Gods Law which inſtituteth Government, under him, and that Immediately, as to any mediate Donor, though not Immediately as without any mediate condition ſine qua non. For though Originally the peoples conſent was neceſſary to determine of the perſon, or in hereditary Government, of the family, that ſhould receive the power from God; yet that is no Donation of the Power it ſelf. Even as the Kings Charter immediately giveth the power of a Mayor or Bailiff to a Corporation, though by the ſame Charter the people chooſe that perſon that ſhall receive it. Or as a woman chooſeth the man that ſhall be her Husband, but giveth him not the Government of her, for that is given by Gods inſtitution, to that perſon whom ſhe contracteth with▪ and if ſhe ſhould agree with him that he ſhould not be her Governour, it were a nullity.
15. The chief uſe of Kings and Magiſtrates is, to rule according to Gods Univerſal Laws, and to ſee them put in execution as far as the Ends of Government require in this world.
16. To which end they are to make Laws of their own.
17. Their own Laws argue not the imperfection of Gods Laws, nor ſtand in co-ordination with them as a ſupplement, but are meerly like the by-Laws, or Local Laws of Corporations, ſubordinate to the Univerſal Laws of the King, and made only by a power given by him: Kings themſelves being much more under God, than Juſtices are under them.
18. The Soveraign Power is unlimited and abſolute, to as any limitation of any ſuperiour humane Power (elſe it were not Soveraign).
19. But beſides that it is ever limited by God, it may be alſo limited by Contract with the people, called by ſome Fundamental or Conſtitutive Laws, when a people that have a right to their lives, limbs, liberties and eſtates, do in the conſtitution of the Common-wealth, ſecure theſe from the abſolute will of the Soveraign▪ and reſerve caſes of innocency in which they ſhall not be taken away: which are called the peoples Liberties.
20. Abſolute ſlaves have no Liberties or ſecurity for their Lives, limbs or eſtates.
21. A Domination over ſlaves is not finally for their good, but for the will or benefit or ends of the Lord or proprietary.
22. A Common-wealth is not a ſociety of ſlaves, but of free ſubjects and of ſuch a Soveraign as is to Rule for the publick Good of the ſociety.
24. He is the wiſeſt and happieſt King, that by his Government moſt promoteth the publick Good; which alſo is his chiefeſt Honour.
23. They are the wiſeſt Counſellours of Kings that moſt inſeparably twiſt their intereſt with the peoples, and ſo promote them: And they are their moſt pernicious enemies, that would untwiſt and ſeparate their intereſts, and ſet them in jealouſies of one another, and in a ſtriving how to get all from one another to themſelves.
25. Humane Lawgivers may ſubordinately determine of thoſe things in particular, which God hath only commanded in general; when the ends of Government require a Legal determination of them.
26. As Gods Laws bind us by Primitive power to a conſcientious obedience, ſo the Kings Laws bind us by a Derived power to conſcientious obedience, which ſome ineptly call binding Conſcience]: The meaning is, mens Laws bind the man, and therefore primarily the ſoul (which they call the Conſcience); And there is no obligation at all of Laws, which is not primarily on the ſoul. And this obligation we muſt be conſcious of: Irons and Cords to bind the body immediately. To deny therefore that mens Laws thus bind the Conſcience is to deny them to be Laws.
27. But as Conſcience is taken Theologically, for the judgement of a man of himſelf, as he is ſubject to the judgement of God, ſo it is all one to ſay, [men rule our Conſciences] and [men are God]. It is contradiction, and can be no controverſie. Therefore we verily believe that there is no difference among us in this point, which confounded heads pretend ſo wide a difference in: For it is ſcarce poſſible.
28. Though men may as aforeſaid bind Conſciences, that is, bind the ſoul to conſcionable obedience under God, yet can they not bind us againſt Conſcience, that is, againſt the Conſcience of our duty to God, when we do not err; for that is to bind us to ſin againſt God when we know it to be ſin.
29. Whoever diſobyeth Gods known Law, becauſe man commandeth him; preferreth man to God, and incurreth Gods diſpleaſure and judgements.
30. Conſcience is not a Law-giver, Governour, or maker of duty, but a diſcerner of duty made by Laws.
31. It is therefore their error that ſay Conſcience maketh it a mans duty to ſin, or maketh it no ſin to do what God forbiddeth: An erring Conſcience ligat non obligat; enſnareth in a neceſſity of ſinning till it be rectified, but doth not make ſin to be none.
32. It is therefore the practice of the muddy-headed troublers of the world, to pretend that the Controverſie betwixt us is, whether the King or Conſcience be the ſupream Governour; whenas we hold that Conſcience is no Governour at all unleſs as your eyes that read the Law, or your underſtanding which knoweth it and your duty, may be equivocally called Governours. But the queſtion (if they will make any difference from us) muſt be this, [whether the Conſcience or apprehenſion of our duty to God, and of his Commands, or of the Kings Commands, ſhould be moſt prevalent with us for obedience?] Either diſpute this, or go on to rave againſt us in your dreams.
33. God doth not change his Laws, becauſe or when men err in their underſtanding of them: But whatever antecedently is commanded, he ſtill commandeth though men think he forbiddeth it. And whatever he forbids he ſtill forbiddeth, when men think that he forbiddeth it not or commandeth it.
34. The eſſe vel non eſſe is antecedent to the ſcire eſſe vel non eſſe: And when ever men ask, [How ſhall we know? or, who ſhall judge?] every man of brains will conſider, that [either the thing really is, or it is not; which is to be known and judged of.]
35. The common cheat of the ignorant in all theſe kind of diſputes is, by ſuppreſſing or overlooking the queſtion do eſſ…, and beginning with the queſtion de ſcire vel judicare: and asking firſt, [who ſhall be the judge?]
36. So ſome ask [what is our duty when one ſaith this is the truth, and another ſaith nay but that is the the truth?] Anſw. It is antecedently true, that either this, or that, or neither is the truth] And (ſuppoſing it revealed to you) God bindeth you to believe that which really is the truth, whatever men ſay againſt it.
37. So ſome ſay, that if the King command one thing, and Conſcience tell me, that God doth command another thing, which muſt I obey?] Anſw. It is antecedently true, that either God doth command the contrary, or he doth not: If he doth, you are bound to obey him, and not the King. If he do not, you are bound to obey the King. For your knowledge or ignorance changeth not Gods Laws.
38. So it is asked, what ſhall a man do whoſe (Conſcience telleth him that this or that (commanded perhaps by man) is duty or ſin, commanded or forbidden by God, but yet is not abſolutely certain?] Anſw. Either (antecedently) it is a duty, or ſin, or it is not: If it be, he is bound to do it, or forbear it accordingly; whatever he think of it himſelf: His doubts change not Gods Laws.
39. So the queſtion is, what a man ſhould do that hath an erring Conſcience? Anſw. 1. An erring Conſcience is improperly called Conſcience; becauſe error is not properly ſcience: But let that paſs. 2. He is under a double obligation: The firſt is to obey Gods Laws, about which he erreth: The ſecond is, to lay by his error.
40. Queſt. But muſt he in the mean time go againſt his Conſcience? Anſw. No; nor againſt Gods Law: what God hath conjoyned, none of your queſtions muſt tempt us to put aſunder: He is ſtill under the double obligation of rectifying Conſcience, and obeying God. And both muſt be done and not one alone.
41. Queſt. But it is ſuppoſed that he cannot change his judgement. What then muſt he do? Anſw. Were it through a natural inculpable impotency and impoſſibility, the Law would not oblige him, and ſo there would be no Law and no tranſgreſſion: But that which we ſpeak of is a moral Impotenc…, through the vicious blindneſs of the mind, and corruption of the will; and God will not change his Laws, becauſe men are ſinfully indiſpoſed to obey them: When you have queſtioned to the utmoſt, the double obligation ſtill remaineth: And ſo you muſt be anſwered.
42. But what order here muſt we obſerve; muſt we not change our judgement before we can obey? Anſw. The obligations to both are both at once; But becauſe an undiſcerned command cannot be obeyed, the order of natural neceſſity, is, that you firſt rectifie your judgement, and then obey the other commands.
43. But how ſhall a man rectifie his erring judgement? Anſw. Gods means are commonly known, though not commonly uſed. Hear, read, meditate, pray, forbear the ſin which grieveth your Guide; caſt out corrupt affections, paſſions and luſts, and lay by carnal intereſts that would pervert the judgement.
44. Queſt. But what muſt we do till all this can be done? Anſw. You muſt haſten your cure with all diligence. For till it be done you will certainly live in ſin.
45. So alſo if the Magiſtrates commands be lawful (the eſſe ſtill being antecedent to the ſcire) and yet the ſubject think them unlawful, his error will not juſtifie his diſobedience: but he is bound to judge better and to obey.
46. And if the Magiſtrates commands be againſt our duty to God, and the ſubject think them to be lawful, his errors will not make them or his obedience to them to be lawful.
47. Thoſe perſons who make it the principle of their obedience, that [we muſt obey the Magiſtrate when we are uncertain, whether it be ſin which he commandeth or not; becauſe we are certain that obedience is a duty, and the certain part muſt be preferred before the uncertain] I hope do not err with the flagitious aggravations (villanie, pious-wickedneſs, impudency &c.) which the Non-conformiſts errors are charged with; But rather only the duſt of worldly buſineſs and contention may have confounded and ſullied Natures tables, or the heat of paſſion may have melted down its tender Characters.
48. Were this univerſally and formally true, it would follow, that a mans blindneſs, error, ignorance, and ſo his doubtfulneſs, and uncertainty would juſtifie him in any villany againſt God and nature, that man can command: For inſtance, An Indian may be certain that it is his duty to obey his King, and yet uncertain whether it be a ſin to murder his parents, to eat his enemies, to be adulterous, perjured, &c. A Turk may know that it is his duty to obey his Prince, but be uncertain whether it be a ſin to curſe Jeſus Chriſt and renounce him, and to believe in Mahomet &c. A Papiſt may know that it is his duty to obey his King, and yet not know whether it be a ſin to worſhip the bread as God, and to torment thoſe that are called Hereticks, or to worſhip Images, or ſuppreſs the Scriptures, &c. And all this ſhould be done according to this rule, if Rulers be but bad enough to command it. Nay if the Popes own ſubjects at Rome do but doubt whether it be a ſin when he commandeth them, to go and murder a forreign Prince; muſt they do this think you, becauſe of their uncertainty of the matter?
49. If the matter were unrevealed, and ſo men were uncertain, becauſe God had not made known his mind, then their Rule of precedency were to be regarded; But if God have ſufficiently revealed his will, no vicious uncertainty of it will make it a duty or lawful, to obey the contrary command of man.
50. It is one thing to be ſure that I muſt obey my Rulers in all things lawful, another thing to be ſure that I muſt obey them hic & nunc: The Rule obtruded on us confoundeth theſe; And ſo is meerly fallacious. For the former is nothing at all to our buſineſs: And of the ſecond, I can be no more certain, than I am whether it be a lawful thing which is commanded by them: for as I am ſure in general that I muſt obey them in things lawful, I am as ſure that I muſt not obey them in things forbidden by God. Therefore ſo far as I am uncertain whether the thing be ſinful or not, I muſt be as uncertain whether I muſt or may obey my Rulers in that thing.
51. And we called Puritans (being the more out of love with Confuſion for the effects of it in this age among Divines) do uſe alſo farther to diſtinguiſh, of a greater evil and a leſſer, (when neither of them is to be choſen becauſe neither is good.) And we ſay it is an aggravated Crime to chooſe a Greater ſin before a leſs, when a man hath brought himſelf into a preſent moral impotency of avoiding both: we diſtinguiſh alſo between the Matter, or Nature and weight of the things doubted of.
And ſo we reſolve, that if I be certain that I who am a poor low ſubject, am bound to obey a Juſtice of Peace, in all things lawful (by Gods Laws and the Kings); And a Juſtice commandeth me to do ſome little act, which I know not whether the Law forbid or not, I will obey him: But if he bid me do that, which I am in doubt whether it be Treaſon, and would endanger the life of the King, or the ſafety of his Kingdoms, though I be uncertain, yet I will forbear.
And if a Ruler bid me read a Chapter in the old Teſtament to day, and I be uncertain whether God would not have me read one in the New Teſtament, as fitter to the Auditors, I will obey my Rulers in this caſe, not becauſe I am certain at all that hic & nunc it is my duty formally to obey them; but becauſe I take the diſobeying them, in caſe it ſhould now prove a ſin, to be a Greater ſin than the miſchooſing of the Chapter would be if that ſhould prove the ſin; and to chooſe the greater ſin, is a greater aggravation of that great ſin.
But on the other ſide, if man command me the doings, or the omiſſions, which if they ſhould prove unlawful would prove to be Perjury, yea the ſtigmatizing of Cities and Corporations, Church and Kingdoms in the front with PER, or would prove a murdering of mens ſouls; and if on the contrary, it ſhould prove lawful to do theſe things, yet the not doing them will have no other evil, than not obeying the Law; (in ſuch uncertainty) or my own perſonal ſuffering; here I would rather not obey, being uncertain of the matter commanded. Not becauſe I am ſure which is my duty at all in it ſelf; but that I am ſure that to prefer the greater evil, when I know not the good, is an aggravation of that evil: And ſo to ſin, is a double and more dangerous ſin.
52. Every Rational creature under Heaven hath a judgment of Diſcerning, called a Private judgment, by which all muſt try, know and guide their duties to God and man: And to deny them this is to make them Bruits, and Kings to be but Governours of Cattel; and to tell men, that they muſt not know when to obey or whom: And it is to go againſt the judgment of all the ſober world.
53. But no ſubject as ſuch, or private man, hath any Publick deciſive judgment; nor muſt in caſes Religious or Civil claim the leaſt degree thereof.
54. Inferior Magiſtrates have all their Power from the King as ſupream.
55. There is no external coactive or forcing power, no not about matters Religious or Eccleſiaſtical, but in the King and Magiſtracie; and therefore none in Churchmen or in any ſubjects, unleſs as Magiſtrates under the King. That is, no other hath the power of the ſword, or to touch the Bodies or Eſtates of men.
56. Power may be called [EXTERNAL] or Internal in ſeveral reſpects; 1. In regard of the Agent: And ſo the Spirit of God hath the Internal Power, and Magiſtrates, Parents and Paſtors have External.
2. In regard of the Actions commanded, Internal or external: And ſo the Power of Magiſtrates is both Internal and External, that is, They may command inward fidelitie, honour, &c. to God to Parents and to themſelves (though they cannot ſee when it is performed alone;) And they may command outward actions; But the later is their moſt common work. And Paſtors have both Internal and External power; And may in Gods name as his Miniſters, command inward Love and Repentance, and outward worſhipping of God, Prayers, Sacraments, Aſſemblies, Confeſſions, learning Catechiſms, obeying the King and Parents, &c.
3. In regard of the Act or inſtrument of Government. And ſo God hath the Internal Power, becauſe he only can by Internal ſpiritual agency rule the mind: And Kings and Paſtors have the external Power, that is, do Govern by Voice and Writings, which are external ſigns and means.
4. In regard to the part of the ſubject Governed: And ſo the Power of Magiſtrates is both Internal and external; for they Govern both mind and body: For there is no Ruling of mens Bodies by Laws, unleſs they firſt rule the mind: for Laws force not the Locomotive power immediately. And ſo Paſtors have both External and Internal Power, becauſe by Gods word they Rule firſt the mind, and by that the Body; as to forbear ſin, to worſhip God, &c.
5. In regard of the Neareſt Ruling Act. And ſo the King and Magiſtrate hath the Internal and External Power: Internal; becauſe he may ſpeak in his Precepts to the Mind even in Gods name, as well as Miniſters may: External, becauſe he may puniſh the body immediately. But Paſtors ſo have none of the External Power, becauſe they touch not the outward man, that is, Body or Purſe immediately, nor Rule it but only mediately by perſwading the Mind: ſo that if you will ambiguouſly apply the name of External Power, only to Coercive or Coactive Power by Outward force, no ſubject, no Paſtors have any ſuch, but only the King and Magiſtrates.
57. O that Kings would once all agree to make the Church and world ſo happy, as to keep all this External forcing power to themſelves: and not to truſt it in the hands of Clergymen, nor lend their ſwords to angry Prieſts to revenge their quarrels on one another; nor yet be themſelves the meer Executioners of the ſentences of the Presbyters or Prelats; but if they will needs quarrel, leave them to do it with their proper weapons, while the Magiſtrate himſelf doth repreſs their inſolencies, and keep the peace. The worſt Magiſtrates almoſt were like to uſe the ſword more harmleſly, than the Secular Clergy hath hitherto done, through moſt of all the Chriſtian world.
58. Though Kings have no Authority againſt God, they have a Power which it is too poſſible to abuſe to ſin, againſt many of Gods Laws, and yet not forfeit their office or true Authority thereby.
59. In caſe of ſome abuſe of Power, the ſubject may be bound to obey him that abuſeth it in that very act or thing. That is, when it is a thing that God forbiddeth the Magiſtrate to command, but doth not forbid the ſubject to do, it may become a duty on ſeveral accounts to do that thing.
60. The reaſon is, becauſe it is Gods Law to ſubjects, and not Gods Law to Kings, which ſubjects muſt be ruled by, and their actions judged by.
61. And modeſt ſubjects muſt rather ſtudy what Laws God hath made for themſelves, than what Laws he hath made for Kings: and what is their own duty than what is the Kings: (Though of this they are not bound to be ignorant.)
62. When ſubjects may not obey, yet may they not by arms reſiſt authority.
63. To pretend Religion for Rebellion or ſedition (which is the greateſt enemy to it in the world) is to aggravate the ſin, by intimated blaſphemy againſt the Author of Religion.
64. When ſubjects ſuffer from Kings for obeying God, they muſt not take occaſion by it to diſhonour Kings by aggravating the injury: Becauſe the Kings honour is more neceſſary to the publick peace and welfare, than the righting of a ſubjects injured reputation is.
65. Therefore we muſt nor make too great a noiſe in complaining of ſuch ſufferings, nor make them ſeem greater than they are; but rather (ſecretly rejoycing in Gods juſtification of the innocent) openly take as much of the blame to our ſelves as we can in truth, and mention the benefits which we have by ſuffering, and the Commonwealth by Magiſtracie.
66. It is not lawful for any Paſtors to publiſh excommunications againſt Kings, (no nor againſt Parents, or any Magiſtrates, on whoſe Honour the publick good dependeth.) The reaſon is, becauſe that the Natural Law … honouring Rulers taketh place of the poſitive inſtituti… of excommunication: the later being but a means to … ends which are collateral with the former; are … when contrary to ſuch ends or greater duties: which made Chriſt ſend the Phariſees to learn [what that meaeth, I will have mercy and not ſacrifice] And affirmatives bind not ad ſemper.
67. But if a Pope or Prelate or Presbytery, to whom Kings never committed the care of their ſouls, ſhall by uſurpation pretend to a power over Kings, which they have not, and ſo excommunicate them to their publick diſhonour, this is a more hainous crime; being treaſonable in ſubjects, and hoſtility in foreigners.
68. Yet thoſe Paſtors whom Princes have choſen to that ſpecial truſt, muſt be very faithful in acquainting them with their ſins and duty to God, and not for fear or flattery betray their ſouls and the publick good.
69. And ſo great is the ſin of Tyranny and oppreſſion and perſecution, and ſo grand an impediment to the Goſpel and mens ſalvation among Turks, Tartarians, Indians, Perſians, and the far greateſt part of all the world, that all wiſe and good Princes will take thoſe for their moſt pernicious enemies, that would by flattery tempt them to ſo great a ſin, (though on pretence of honouring them)