The Nonconformists Plea for Peace Part 2, Chapter 4

The Nonconformists Plea for Peace Part 2 · Chapter 4

p. 50CHAP. IV.

The Judgement of the Author concerning the Power of Princes and the obedience of ſubjects, more fully; with his Profeſſion of Loyalty, and Renunciation of Treaſonable, Seditious and Rebellious Principles and Practices.

THat miſtake, deſign or malice may not make a charge of diſloyalty, or ſeditious principles and minds, to paſs for a pretence of our reſtraint from the preaching of the Goſpel, which we were devoted to in our Ordination, three things ſeem needful for us to make known. I. What are the principles of policie, which we hold. II. Our profeſſion, reſolution and promiſe as to our practice. III. what diſloyal, Traiterous and ſeditious opinions and practices we renounce.

I. About the firſt our ſtraight is great: If we make not known our principles, we ſhall be ſuſpected for concealing them; And any miſtake which any one of us was guilty of, even in our unexperienced youth, though corrected and rejected, will be charged ſtill on him, and on others that never owned it; And ſhameleſs falſe accuſers will defame us, as holding that which never came into our thoughts. And if we publiſh our judgements, how eaſily and certainly will ignorance and ill-will take occaſion to calumniate, and draw blood from the trueſt ſoundeſt words? But we will do what we judge to be our duty, and leave it to God to ſtop the mouth of all p. 51iniquity, and will ſtay till malice and falſehood be ſilenced by the Father of lights.

1. We hold that though it be very uſeful to the Miniſters of the Goſpel to ſtudy Politicks, yet is to not neceſſary that they be able to decide political controverſies; much leſs that they equall Lawyers in the knowledge of the Laws; and therefore that they ſhould not without neceſſity, be forward to meddle in ſuch matters, much leſs to take on them to condemn the moſt of the Lawyers of the world, as if we were wiſer in the matters of their profeſſion than they: And leaſt of all ſhould we ſwear againſt their common ſentiments, or that they are all deceived, and that we are wiſer than all they. Though yet we ſhould know ſo much, as is requiſite to our due underſtanding of the matter of our duty and our doctrine, which we muſt teach.

2. By [Authority] here we mean [A Right and Obligation to Govern particular ſocieties by Legiſlation (or precept) and Judgement, for the Common good, in ſubordination to God, the only ſupream univerſal Governour, and his univerſal Laws and final judgement.]

3. GOD is the fountain or firſt efficient chief Ruler, and ultimate end, of all true Authority (or Right of Government): For of him, and through him, and to him are all things.

4. God hath made no Univerſal Vicarious meer humane Governour under himſelf, Civil or Eccleſiaſtical, Perſonal or Collective, (Pope or Council): nor ordained any Univerſal Teacher or Apoſtle; Though he ſent forth many into all the world Indefinitely to Teach as many as they could. For no mortal man, or Collective body is naturally capable of it.

5. Therefore he that claimeth ſuch an Apoſtolick and Eccleſiaſtical Power as Vicarious with Obligation to exerciſe p. 52it, condemneth himſelf for betraying the moſt of mankind, for he doth not exerciſe it at the Antipodes, or to the fifth part of the world.

Obj. No more doth Chriſt who yet is the Vniverſal Teacher. Anſw. Chriſt is the Light of the world, and all things are committed into his hand: And though he ſend not preachers of the Goſpel eventually to all, he ſendeth them all that commoner Light, means and mercies which call them to Repentance, and to ſeek to a pardoning gracious God; ſo that his Teaching and Rule is univerſal, though not equally.

6. The Pope claimeth an Univerſal Power of Government, over all Chriſtian Princes and States, yea over all the world: And the Papiſt Doctors aſſert it in their writing; ſome in things ſpiritual; ſome in things ſpiritual and temporal, and ſome in things ſpiritual and in temporals in order to ſpirituals. Accordingly in their Councils they make Decrees which ſhall be obligatory to Kings and Kingdoms, and have declared themſelves empowered to ſet up Princes and pull them down, to excommunicate and depoſe them, and force them to Oaths and obedience, or elſe to give their Dominions to others that will obey: yea if they will not burn or exterminate all as Hereticks who hold the Chriſtian Doctrine which we call Proteſtant, yea that will not in the matter of Tranſubſtantiation, deny belief to all mens ſenſes. By which claim of Government over all Kings, and Laws for ſuch execution, we ſuppoſe that the Roman Pope declareth himſelf to be Hoſtis publicus to all Chriſtian Princes and States who do not voluntarily make themſelves his ſubjects, and alloweth them to judge and uſe him accordingly.

7. God hath given Power to none againſt himſelf, or his Laws.

p. 538. God hath given power to none to deſtroy the Common good; except ſuch Kingdoms as the Canaanites, &c. that by revelation were judged to deſtruction, or ſuch particular Countries as by unjuſt enmity to their neighbours may by the Law of Nature and Nations be deſtroyed for the neceſſary preſervation of the reſt.

9. Therefore all Laws and Mandates that are notoriouſly againſt God or his Laws, or the common ſafety (that is, deſtructive to the Common-wealth and welfare) are ipſo facto null, or not obligatory, no more than a Juſtices precepts againſt the King.

10. Submiſſion yet may be a duty, and reſiſtance a ſin, where obedience is not due; of which more anon in due place.

11. The people are not the fountain of power, nor the donors of it; nor, as ſuch, have they any right to Governing, either to uſe themſelves or to give to others; Though they or part of them may have ſome in Democracies by the ſpecies of the Government, or in mixt Governments; but otherwiſe they have none by Nature. The Government of Republicks is not by an arbitrary Collation of each mans perſonal power to ſome one: But God hath prevented them, and made it neceſſary by the Law of Nature and Scripture, that there be Governours as his Officers under him, to whom the people ſhall ſubmit, in all caſes where ſuch can be had; and hath given them univerſal Laws according to which they muſt Rule.

12. But becauſe Nature hath given no one perſon or family a Right more than others, to Rule Kingdoms antecedently to the peoples conſent, therefore the people had at the forming of ſuch ſocieties the choice of thoſe perſons or families that ſhould govern, and without their conſent none were capable recipients of that power: ſo p. 54that as the Kings Charter immediately giveth the power of a Mayor, or Bailiff to the perſon whom the Citizens ſhall chooſe, which choice giveth him no power but only maketh him capable to receive it from the Kings Charter; even ſo Gods Law and Charter obligeth the people to chooſe or conſent to that family or perſon that ſhall Rule them, and giveth Authority (with obligation to uſe it) to thoſe whom the ſaid conſent hath made the capable due recipients.

13. Therefore Mr. Hookers maxime is falſe as to Governing Power, that [the King is ſingulis major, but univerſis minor:] and ſo is his aſſertion that all power of Legiſlation is naturally in the whole body (what it may be by the Conſtitution or ſpecies of the Government, is nothing to that queſtion), and his talk of the Soveraigns dependence on, yea and ſubjection to the body, and his aſſertion that when the line is extinct [the power cometh by eſcheate to the people] and many ſuch like; In all which he miſtaketh Power of chooſing Governours, who ſhall receive power from God only, for the power it ſelf of Governing, which the people as ſuch have not at all. The King is not Vniverſis melior indeed, but the Bonum publicum is the end of his Government, and the good of all the Kingdom is better than his own, and more his end; but yet even there his own Honour and welfare, is part of the Publick Good and End. But whoever hath the whole ſupream power in any Kingdom or other Republick, is univerſis major.

14. Propriety is naturally antecedent to Government, which doth not Give it, but regulate it to the Common good: Every man is born with a propriety in his own members, and nature giveth him a propriety in his Children, and his food and other juſt acquiſitions of his induſtry. Therefore no Ruler can juſtly deprive men of their propriety, p. 55unleſs it be by ſome Law of God (as in execution of Juſtice on ſuch as forfeit it) or by their own conſent, by themſelves or their Delegates or Progenitors; And mens lives and Liberties are the chief parts of their propriety. That is the peoples juſt reſerved Property, and Liberty, which neither God taketh from them, by the power which his own Laws give the Rulers, nor is given away by their … foreſaid conſent.

15. Uſurpers have no true Power (or Jus regendi); nor do their commands (whether they be Civil or Eccleſiaſtical Uſurpers) bind any one in Conſcience to formal obedience; nor may they be ſet up and defended againſt the Lawful Governour. But materially many good and lawful things may be done which they command when the Common good and perſonal ſafety require it, without owning their authority as true, which is none, and without formal obedience.

16. Thoſe are Uſurpers, Civil or Eccleſiaſtical, who have not authority given them by God, immediately nor mediately: Inferior Magiſtrates have authority from God, in that they have it from the King, or other ſupreme Rulers, whom God empowereth to make inferior Magiſtrates, as their officers.

17. A Perſon utterly uncapable receiveth no Authority from God.

18. Thoſe are Uſurpers (Civil or Eccleſiaſtical) who by force or fraud depoſe the Lawful Governour and take his place: And thoſe that ſede vacante ſeize on the place without any conſent of the people; either on pretence of meer conqueſt, or (as Mahomet) on falſe pretence of Divine revelation or Commiſſion, or on pretence of their greater worthineſs: ſaving that the ſupream Power may impoſe on the people his inferior officers, and they are bound to obey them.

p. 5619. They that are made Rulers only of one kind or from of a Republick, and ſhall without authority from God or the peoples conſent change that kind or form of Government into another, and aſſme that other, are Uſurpers as to that new uſurped form, though not as to the former.

20. Government is the conjunct exerciſe of Power, wiſdom and Love, for the right ordering of the Commonwealth for the preſent and future happineſs of the people and the Governours.

21. God is Love and ruleth us as our Father; and his works of Love are his moſt Lovely repreſentation; And that is the beſt Governour who is likeſt unto God: when Love is the predominant principle in Government, and Prince and people dearly love each other; that Kingdom is likeſt unto heaven! Yet muſt Rulers be a terrour to the wicked.

22. Subjects are bound to take their Rulers, not as their own creatures, to ſet up and take down as the Roman Souldiers did: (For then to obey a Ruler would be but radically to obey themſelves, or to obey their ſervants): But as the Officers of God, who communicateth authority to them, and ſo to honour and obey God in them, as we do the King in his inferiour Magiſtrates: And ſo to obey for Conſcience ſake.

23. Subjects are bound not only to fear their Rulers, but to Love them: and to ſhun that fear which tendeth to hatred.

24. God muſt be firſt obeyed, and no man againſt him, by breaking any of his Laws, particular or general.

25. But if Governours command us to ſin againſt God, though Subjects muſt not obey them, yet muſt they patiently ſuffer wrong and not reſiſt them by rebellion: Much leſs may they uſe arms without their conſent, to p. 57reform others, or to bring in any novelty, yea or the true Religion by ſuch unauthorized violence.

26. The inferior Magiſtrates are the ſubjects of the King, as well as the meaneſt men, and therefore have no power to depoſe him, or to take up arms againſt him any more than other ſubjects.

27. Subjects muſt not only forbear all Treaſon, ſedition or rebellion by arms, but muſt preferr the Kings life before each of their own, and muſt hazard their lives when called to it, to preſerve him; and muſt reſiſt all conſpiracies againſt him.

28. If we are wronged by unjuſt defamations or oppreſſion or perſecution, as long as Rulers deſtroy not the Common-wealth, particular Subjects muſt not vindicate their own right ſo much as by diſhonouring their Soveraign; becauſe his honour is more neceſſary than our Rights to the common good.

29. The Union of the King and people is the life of the Kingdom; and dividing is deſtroying: Therefore an Vniting of their Intereſts is a chief point in policie; and ſetting their Intereſts as divided in oppoſition or ſupicion of each other is pernicious.

30. Therefore it is againſt the Conſtitution of the Common-wealth, for the King to raiſe war againſt his Kingdom as their enemy, or for the Kingdom to raiſe war againſt the King: King James aſſerts the firſt, and the Reaſon of Government proveth both.

31. The command of a Prince, (whether ſober or in drink, or paſſion) to any ſubject, to deſtroy the Prince himſelf (as Saul did command one) or to deſtroy the Common-wealth, or to break the Laws of God, or the fixed Laws of the Land, will not juſtifie the ſubject that obeyeth that command, nor doth give him right to impunity p. 58before God, or in the Courts of Juſtice, except in ſuch caſes as the Law it ſelf excepth.

32. The Time, Place and other circumſtances of duty are not always to be the ſame; And the Rulers command to alter ſuch unfixed circumſtances, when it deſtroyeth not the ſubſtance, is to be obeyed; though the prohibition of the duty it ſelf (Praying, preaching, hearing, Sacraments, alms) is not to be obeyed, becauſe Gods authority is the higheſt.

33. Though no mans command can warrant us to ſin againſt God, yet ſome things which are antecedently ſinful but by a ſmaller Accident (as that it offendeth one of my neighbours) may become a duty by the Law of the King, that Law and the conſequents of the action, being more preponderating circumſtances to oblige us to do it, than the other is againſt it.

34. Though Princes are under the obligation of Gods Laws and their own contracts, as well as others; yet as Laws are the Inſtruments of Government, no one is under a Law as ſuch that is not under Government. And therefore no Soveraign is under his own Laws as Governing Laws; though he may by the bonds of fidelity and juſtice and for the Common good be obliged to Govern the ſubjects by them, and to be exemplary in what concerneth himſelf, and be under thoſe contracts which are called Fundamental or Conſtitutive Laws, made by common conſent to ſecure the ſubjects rights: which I ſuppoſe is R. Hookers meaning when he ſaith that Lex facit Regem, and that the King hath ſo much power as the Law giveth him.

35. Though Politicks and Lawyers tell us that Legiſlative power is the firſt part of the ſupreme power, and who ever hath part in the Legiſlative power hath part in the ſupream power, yet that is not meant of ſuch a p. 59derived power as Corporations may have by Charter, to make only Local by-Laws for themſelves, which bind not the Common-wealth.

36. As to the caſes which Politicks, Lawyers, and Divines, Papiſts and Proteſtants, inſtance in (ſuch as Barclay, Grotius, Bilſon, &c.) in which ſubjects may reſiſt Kings by arms, we leave them to thoſe that are ſitter Judges; concluding only that, 1. No humane power can abrogate the Law of Nature; 2. that God hath limited all humane power; 3. that their own contracts limit them; 4. That ſubjects ſhould not be tempted to odious thoughts of Kings, by the ſavage deſcription of them, as being authorized to burn, rob, kill the innocent at their pleaſure, if they will not renounce God, Chriſt or humanity, and to deſtroy all the people. Such deſcriptions are made by the enemies of Government. 5. That commiſſioned ſubjects or Souldiers are not Kings, but ſubjects ſtill, and under Law. 6. That if we ſhould ſee a Commiſſion under the broad Seal, to ſeize on the Kings guards, forts, treaſure, navy, or hurt the King, or deſtroy Monarchy, or deliver the Kingdom to foreigners, or to deſtroy the Kingdom, Laws, Property, Parliament, City cauſeleſly, we are bound to judge that the treachery of the keeper of the Seal or ſome other and not the King was the author of ſuch a Commiſſion. 7. All men ſhould love their Country and the common good better than their lives.

THat it may appear that we refuſe not the Corporation Oath and Declaration, the Oxford Oath, or the ſubſcription required by the Act of Uniformity, out of any diſloyalty or ill deſign, we offer to declare, ſubſcribe, profeſs and promiſe as followeth.

p. 60I. I do unfeignedly Aſſent and Conſent to every word of God in the ſacred Scripture, which deſcribeth the Power of Kings, or other Governours, and which deſcribeth or commandeth the Subjects duty to their governours, and which forbiddeth rebellion, or any other ſin againſt them.

II. Though I take not General Councils for the Rule of my faith or obedience,This profeſſion I drew up even by Dr. Stamans advice who was taken to be no more compliant with the preſent Government than other Nonconformiſts. yet having with ſome diligence peruſed the Decrees of thoſe that are ſo called, I find not in any of them any more Power aſcribed to Kings or other civil Governours, than I do willingly ſubſcribe to and acknowledge; excepting the powers which the Papal King of Rome doth arrogate to himſelf, or pretend to give to others, or place in them as his executiners.

III. I find not in the publick Confeſſions of faith of any of the Proteſtant Churches, or any of the Greek Churches, or of the Roman, any more power aſcribed to Kings or other Civil Governours, than I ſubſcribe to and acknowledge; except as before excepted of the Roman Papacie.

IV. I find not any commonly named Parties of Divines in their writings (Greeks, Papiſts, Proteſtants, whether Lutherans, Reformed, Epiſcopal, or Presbyterian,) who wrote before the year 1640. who do generally (as to the ſtream or commoneſt doctrine) aſcribe any more to Kings or other civil Governor, than I willingly ſubſcribe to and acknowledge, except as before excepted of the Pope and Papiſts.

p. 61V. Of all the Greek, Roman and Arabian Philoſophers, and Orators, of all the Hiſtorians, the Authors of Politicks, and Civil Lawyers that I have read, I find many that are againſt Monarchy, but no party or ſort of them that commonly give more Power to Princes than I willingly ſubſcribe to and acknowledge, excepting as before excepted, the Papal Uſurpation and the flatterers thereof.

VI. I do and ſhall acknowledge in the Kings Majeſty all that Power whatſoever is aſcribed to him in the Laws of the land, or that ſhall hereafter by any Law be aſcribed to him, ſo be it, it be not contrary to the certain Law of God in Nature or Scripture, nor againſt the eſſential Conſtitution of the Kingdom.

VII. I do willingly take the Oath of Allegiance, and take it to be the duty of his Majeſties Subjects to take the ſame, and faithfully to keep it.

VIII. I do willingly take the Oath of ſupremacy, and think that it is their error and ſin who do refuſe it; ſeeing there are ſo many publick declarations of the ſenſe of it made, that his Majeſty doth not hereby claim any of the Prieſtly Office, but only to have the power of the ſword, ſo far as it is to be exerciſed about Cauſes and perſons called Eccleſiaſtical and Civil.

IX. I do hold that it is not Lawful for any of his own Subjects to raiſe war or take arms againſt the King, either his Perſon, Authority, Dignity or Rights: Nor againſt any Lawfully Commiſſioned by him in his execution of that Commiſſion; nor againſt any unlawfully p. 62Commiſſioned by him, except the King himſelf by his Laws or by a croſs Commiſſion do allow ſuch reſiſtance, or the notorious Law of Nature doth require it.

X. Though I like not ſwearing obedience to any in a Kingdom but the King, yet if the King will command me to ſwear due obedience to any Judge, Magiſtrate, Biſhop or Chancellor, in their exerciſe of any true power which they receive from him, (which puts me upon no ſinning againſt God) I will obey him in taking ſuch an Oath.

XI. Though I like not ſwearing obedience to Eccleſiaſtical perſons, yet if the King command me to ſwear juſt obedience to Lawful Paſtors that are over me, and that I will never endeavour the alteration of any Office or ordinance inſtituted by Chriſt, or by the Holy Ghoſt in his Apoſtles, I will obey him in ſo doing.

And though my judgement after 40 years diligent ſtudy be againſt many things in the preſent Dioceſane Government, eſpecially Lay Chancellors uſe of the Keys of Excommunication and Abſolution, and the impoſſibility of the true and ancient diſcipline by the largneſs of the Dioceſs and paucity of Biſhops, and the unchurching of all the Pariſhes of England, and the oppida or great Towns except one in a Dioceſs, making them all (though many hundreds or above a thouſand) to be but particles of one Dioceſane Church; (when Ignatius ſaith, that [To every Church there is one Altar, and one Biſhop with his fellow Presbyters and Deacons] as the common note of Individuation: And Cyprian ſaith, Vbi Epiſcopus ibi Eccleſia: And therefore one only Biſhop in a Dioceſs ſheweth that they hold that there is but one Church in a Dioceſe) Yet notwithſtanding my diſſent, I take it to be my duty to live p. 63ſubmiſſively and peaceably; and if the King command me I will promiſe or ſwear never to endeavour …ny alteration or reformation by ſedition, rebellion, or any other unlawful means.

XI. I do renounce all Doctrines and practices contrary to any of theſe aforeſaid profeſſions: And I do hold that neither the Oath nor Vow called [the ſolemn League and Covenant], nor any other Vow or Covenant, can diſoblige me or any other ſubject from any of the aforeſaid, or any other duty to God, the King, or my neighbour, or can oblige me to any ſin againſt God or man; nor juſtifie my diſobedience to the King in things which antecedent to his command were indifferent. Otherwiſe a Subject might by Vowing prevent all obligations in ſuch caſes to obey his Governours. And though I know not with what ſenſe or intention other men make Vows, I do declare that that Vow or Covenant bindeth me to nothing, which I had not been bound to had I never taken it; becauſe I never intended it to make me a new religion or duty, but only to be a ſecondary obligation to what God had obliged me to before.

III. The diſtoyal, Trayterous, ſeditious or▪ rebellious opinions and practices which we reject.

WE mention not theſe opinions by way of accuſation of others, but to vindicate our own calumniated innocency.

I. We reject the inhumane opinion of Spinoſa in Tract▪ p. 64Theol. Polit. and ſuch other Infidels, who hold that ſenſuality is mans chief intereſt, and that every man hath right to any thing that he deſireth if he can but get it, and that he is bound to keep his Oaths and Covenants no longer than it is for his own intereſt, and that he hath as good title as the Governour or poſſeſſor had, if he can but get his place or poſſeſſions, and may deſtroy any if he can, that hinder his deſires.

II. I do (with due reverence to the perſons) reject the opinion of many Authors of Politicks, and great Lawyers, who ſay that the Majeſtas realis is in the people, and the Majeſtas Perſonalis in the King, and that Governing Power is but the Collation of each mans ſingular power over his own perſon and eſtate, and the committing it to one for the Common ſafety. And that the people give the power, and may queſtion the Prince, and reſume it when there is cauſe. And ſo we reject the doctrine of Mr. Richard Hooker in his Eccl. Polit. lib. 1. and 8. (with due reſpect to his judiciouſneſs) and all other Epiſcopal Divines of his mind, who ſaith that [By the natural Law whereto God hath made all ſubject, the lawful power of making Laws to command whole ſocieties of men, belongeth ſo properly to the ſame entire ſocieties, that for ANY Prince or Potentate, of WHAT KINDSOEVER upon earth, to exerciſe the ſame of himſelf, and not either by expreſs Commiſſion immediately and perſonally received from God, or elſe by Authority derived at firſt from their conſent upon whoſe perſons they impoſe Laws, it is no better than meer Tyranny: Laws they are not which publick approbation hath not made ſo.] He maketh the peoples [giving Authority] neceſſary, where their Conſent to the family or perſon that ſhall receive it from God is enough: And … maketh p. 65a part in Legiſlation (the chief ſlower of Soveraignty) which only ſome of the people in ſome Countreys have meerly by the Conſtitution, to be a Common effect of the Law of Nature: Lib. 1. §. 10. pag. 21. ſo Lib. 8. 192, 193, 194, 220, 221, 218, 223, 224, 225. I reject what he ſaith [ Ʋnto me it ſeemeth almoſt out of doubt and controverſie that every Independent multitude before any certain form of regiment eſtabliſhed hath under God, ſupream authority, full dominion over it ſelf—In Kingdomes of this quality as this we live in, the higheſt Governour hath indeed Univerſal dominion; but with Dependencie on that whole entire body, over the ſeveral parts whereof he hath dominion: ſo that it ſtandeth for an axiom in this caſe, The King is ſingulis major, but univerſis minor—Neither can any man with Reaſon think but that the firſt inſtitution of Kings (a ſufficient conſideration wherefore their power ſhould always depend on that, from which it did always flow) by original influence of power from the Body into the King, is the cauſe of Kings dependency in power upon the body. By Dependency we mean ſubordination and ſubjection: A manifeſt token of which dependency may be this; As there is no more certain argument that lands are held under any as Lords, than if we ſee that ſuch lands in defect of heirs fall unto them by eſcheat; In like manner it doth follow rightly, that ſeeing Dominion when there is none to inherite it, returneth to the body, therefore they which before were inheritors of it did hold it in dependence on the body; ſo by comparing the body with the head, as touching power it ſeemeth always to reſide in both, Fundamentally and Radically in one; in the other derivatively: In one the Habit, in the other the Act of Power (vid. caet. paſſim)—When all which the wiſdom p. 66of all ſorts can do, is done for deviſing of Laws in the Church, it is the general conſent of all that giveth them the form and vigor of Laws; without which they would be no more to us than the Counſels of Phyſicians to the ſick: well might they ſeem as wholſome admonitions and inſtructions; but Laws could they never be without conſent of the WHOLE CHURCH to be guided by them, whereunto both nature and the practice of the Church of God ſet down in Scripture, is found every way ſo fully conſonant, that God himſelf would not impoſe his own Laws upon his people by the hand of Moſes, without their free and open conſent. May a body Politick then at all times withdraw in whole or in part, the influence of dominion which paſſeth from it, if Inconveniences do grow thereby?—It muſt be preſumed that ſupream Governours will not in ſuch caſes oppoſe themſelves, and be ſtiff in detaining that, the uſe whereof is with publick detriment.—And pag. 205. [ If Magiſtrates be Heads of the Church, they are of neceſſity Chriſtians.]

I preſume not to ſet my weak judgement in matter of policie in conteſt with thoſe very many Learned Lawyers or Divines who think all this, and much more like it to be ſound; But I muſt ſay that my judgment doth reject it;Chriſt. Directory. The reaſons whereof I have given in a particular Confutation of each of theſe paſſages and more.

And againſt this doctrine of the Peoples giving the power by conjoyning all their own in one, ſee D. Cawdry a Nonconformiſt's Review of Mr. Tho. Hookers ſurvey pag. 154. &c. And ſee Groti…s de Imperio, &c. pag. 270. both concurring with me.

p. 67III. We reject their opinion who hold that the Law of Nature alloweth an Innocent ſubject to ſave his own Life by taking away the Kings, or by raiſing war againſt him.

IV. We reject (as is aforeſaid) their opinion who hold that it is Lawful to take up Arms againſt the King, his perſon, authority, dignity or right **whether it may be done againſt his will, ſee before., and to pretend his own authority, or Laws for ſo doing: Or that it is lawful to take Arms againſt any lawfully commiſſioned by him; yea or unlawfully, unleſs he himſelf by his Laws or croſs Commiſſion, or the ſure Law of Nature do authorize it.

V. We reject the Papal Uſurpation of a Government over Princes, by claim of an Univerſal Vicarſhip under Chriſt: And becauſe the Decrees of their General Councils approved by the Pope, are their very Religion, and e. g. the Lateran Council ſub Innoc. 3. decreeth that thoſe that hold not Tranſubſtantiation be exterminated as Hereticks, and that the ſecular powers ſhall ſwear to exterminate them; and if any Temporal Lords do it not, the Pope may excommunicate them, and abſolve their Subjects from their Allegiance, and give their dominions to others that will do it; we therefore are conſtrained to reject ſuch parts of the very Religion of the Papiſts as a Rebellious Religion, and the Pope as a declared enemy to Chriſtian Kings and Kingdoms, which are not his Voluntary Subjects.

VI. Seeing that by the ſaid Papal Religion or Laws, all Proteſtants and others that are not Papiſts, are Dead men in Law where thoſe Laws are received, and muſt be burnt as Hereticks or exterminated, and the Princes p. 68or other ſecular Powers that will not ſwear it and execute it, are themſelves to be excommunicate and depoſed; we do therefore deteſt as treacherous to Princes, the practice of all ſuch as would perſwade any Prince or Ruler of a Proteſtant, Greek or other Countrey not yet Papiſts, to become a Papiſt: and thereby to expoſe himſelf to the Popes depoſing of him, or to deſtroy his own kingdom, & to caſt before his ſubjects a temptation to diſpute ſuch queſtions, as [whether any Prince have Power from God to burn or exterminate his Kingdom? & how far they ſhould own him which by his very Religion is obliged ſo to do on pains of excommunication, depoſition and damnation. But where the Kingdom are already Papiſts, it is only the ſin againſt God in the deſtruction of ſome innocents or the Princes depoſition, and not the Kingdoms deſtruction that is in the way.

VII. We reject the opinion whether of the Papiſts or of any Proteſtants (if there be ſuch) who hold that Kings or other Rulers on whom the Government and welfare of the Kingdom or other Republick lyeth, may be excommunicated to their publick diſhonour: Becauſe Gods moral Law▪ which bids Honour our Father and Mother and our King, doth bind before Laws of meer Rites and order, And the moſt publick good is to be preferred: And the Honour of the King is neceſſary to his ſucceſsful Government, and ſo the publick good and ſafety: Chriſt taught us even in caſes of ſuch nature to remember, that God will have mercy and not Sacrifice; And order is for the preſervation and not for the deſtruction of the ſociety ordered: Therefore though Baptiſm and the Lords Supper and Abſolution may be denyed to a King that is utterly uncapable of them, yet is he not to be diſhonoured by an open excommunication (which is purpoſely to ſhame offenders) much leſs by any of his p. 69Subjects that never were called by him to be his Guides; And leaſt of all by a foreign Uſurper.

VIII. We reject their doctrine who ſubject Chriſtian Princes and States to the Power of foreigners under the name of General Councils: As if Chriſt had given a power of Univerſal Legiſlation and Judgement, though not to a Perſonal yet to a Collective body; whoſe Laws all the Chriſtian world is bound to obey: when indeed there never was, will be, or can be any true General Council of all the Churches in the world, nor did ever Chriſt inſtitute ſuch a thing. The firſt controverſie between us and the Papiſts is not, Who it is that is the Univerſal Governour of the Chriſtian world (or Church) under Chriſt, See the ſecond part of Baxters Key for Catholicks where it is fully proved that General Councils never were or can be or ought to be.whether Pope or Council: But whether there be any ſuch Univerſal Governour at all? which we utterly deny; were there any at all, we would ſooner yield that it is the Pope (who is in being) than that it is a true General Council which never was in being: And if any called Proteſtants would betray King and Kingdom into Subjection to a foreign Power under the falſe name of a General Council, we waſh our hands from ſuch diſloyalty; as knowing well by the Map of the Roman Empire, and the Notitiae Epiſcopatuum, and by the names of the ſubſcribing Biſhops, and by the power of the Emperours that called them, and other notices of hiſtory, that even the four firſt great approved Councils were but ſome part of the Biſhops of the Empire, (unleſs ſome borderer accidentally ſtept in) and not at all of the reſt of the Chriſtian world: And if England were ſometime ſubject to that Empire, yet is it not ſo now. The Clergy of one Prince have no power of Government over all other Princes and their Clergy.

p. 70IX. We reject their doctrine who teach that the King or other Rulers are bound to puniſh men by the ſword, meerly becauſe being excommunicate they repent not and reconcile not themſelves to the Clergy; As if Princes were the Lictors or executioners of the Clergy, or were bound to burn, baniſh, impriſon or fine their Subjects, becauſe the Clergy (Pope, Prelates or Presbyteries) do excommunicate them, and require it of them; be the ſentence right or wrong: And we much deſire that Princes would not ſo nearly annex their puniſhments to the Clergies cenſures, as may ſeem to countenance ſuch injurious and diſhonourable expectations of the Clergy, or as may countenance them that ſcorn Church diſcipline as a leaden ſword or uneffectual, unleſs the ſword of the Magiſtrates enforce it.

X. We like not the dangerous Concluſion of [No Biſhop No King], though we judge not ſuch a word when by a ſound expoſition the danger is avoided.

XI. We reject their doctrine who hold that the Clergy is exempt from the Government of the King,The Papiſts. as if they were not his Subjects, and he might not puniſh them for common enemies, yea and for groſs male-adminiſtration and unfaithfulneſs in the Miniſtry, as he may puniſh Phyſicians, or Lawyers for the like in their profeſſions.

XII. We deteſt their doctrine who debaſe Kings and magiſtrates,Papiſts. by ſaying that they are Governors only of the body, and not of the ſoul (when it is only ſouls that are commanded by Laws, and immediately obey), or that it is only the civil peace p. 71and bodily proſperity which is the end of the Government of Kings, and not mens ſpiritual good and ſalvation: And ſo that the King and Magiſtrates are to be valued as much leſs than the Clergy, as the concerns of the body are leſs valuable than the concerns of the ſoul: As Pope Innocent 3. ſaid**Vide Coſins Hiſt. Tranſub. pag. 147, 148. [God made two great Lights in the ſirmament of heaven and of the univerſal Church, that is, he inſtituted two dignities, which are the Pontifical authority and the Regal power; But that which ruleth the Day, that is, things ſpiritual, is the greateſt, and that which ruleth Carnal things is the leſs; that it may be known that the difference between Popes and Kings, is ſuch as is the difference between the Sun and the Moon.] No wonder therefore if in his Serm. 2. he ſay [To me it is ſaid I have ſet thee over Nations and Kingdoms, to pluck up and deſtroy and ſcatter. I am ſet up as a middle perſon between God and man; On this ſide God, but beyond man, yea greater than man, who judge all, and can be judged of none: I am the Bridegroom, &c.] And if Pope Gregory 7. in his Roman Council declare, that he hath power to ſet up and take down Emperors, &c. Whenas in truth things ſpiritual and eternal are the end of the Kings Government alſo; though by puniſhing ſin and ruling Miniſters and others by the ſword, and not by becoming a Prieſt himſelf, he ſeek that end.

XIII. We deteſt their doctrine who ſay that not Kings, but only the Clergy are Judges in matters of faith, or Religion, or of Hereſie: whenas every man is to judge where he is to Govern and execute. And as every Subject hath a Diſcerning judgement to know what is his own Duty and what is ſin; and the Paſtors of the Church have that publick Ecceſiaſtical Judgement, which is called, p. 72The uſe of the Keys, to judge who is fit or unfit for the communion of the Church within their charge, and ſo who is to be Baptized, excommunicated or abſolved; ſo alſo the King and Magiſtrates are Judges, who is by them to be puniſhed by the ſword, as abuſers of ſacred doctrine or worſhip, as Heretical ſeducers, or unfaithful Paſtors.

XIV. Though there be ſome reverend perſons that hold that Miniſters only hold their power from Chriſt as Redeemer, and Magiſtrates not ſo, but only from God the Creator as ruling by common providence, and not by Chriſt, we greatly diſſent from this conceit, and believe that God who after the fall ſet up a Law or Covenant of Grace to all mankind, in Adam and Noah, doth govern none on earth, either by ſuch providence as he governeth bruits without Law; nor yet by the firſt Law of Innocency or perfection alone (making Innocency the condition of Life, to them that are already guilty) but all are under a Law of grace: And all perſons and things are delivered to Chriſt, and put into his hands and power, and he is made Head over all things to the Church, even the Lord of dead and living, and the general adminiſtrator, even among them that hear not of his name: All judgement is committed to him, (Joh. 5. 22. Eph. 1. 22, 23. Rom. 14. 9, 10, &c.) He is the Alpha and Omega; the Giver and the end of Power. And they that ſay that the world hath ſo good a thing as Magiſtracy without Chriſts procurement, may next feign many more mercies to be given to the miſerable without Chriſt, and ſo that God could pardon ſin without him, and next that we be ſaved and come to heaven without him, and his grace.

p. 73XV. We renounce the opinion of them that hold, that circa ſacra, the King hath no power to command▪ us circumſtances of worſhip. And that if the King by his Law or Mandate impoſe on the ſeveral Churches, One Tranſlation of the Scripture, one Verſion of the Pſalms, one Lecture day or hour, &c. and the Biſhop another, that we muſt obey our Diocesane rather than the King.

XVI. We renounce their opinion who hold that the Act of Uniformity, and ſuch other Laws as are made about Church matters, eſpecially ſuch as impoſe the 39 Articles of Religion, the Subſcriptions, Declarations, Oaths and Practices, are to be eſteemed by our Conſciences, but as Laws of the Church, or Clergy confirmed by King and Parliament, and that the Church men are the proper expoſitors of them; And that out of the ſitting of the Convocation, it is the Biſhops that muſt give us the ſence which our Conſciences muſt follow: For we believe that the Law-makers are the only expoſitors of their own Law, by an expoſition commonly obligatory to the Subject, and the ſeveral Judges are the expoſitors for the deciſion of ſuch particular cauſes as belong to their Courts; and that if Biſhops, or Convocation ſhould put a wrong ſence on ſuch Oaths and ſubſcriptions,Elſe Biſhop might ſet up what Religion they would by an expoſitory power, and indeed be the only Law-makers, the King and Parliament making but the words, and the Biſhops the ſence. we may not take them in their ſence, and that if they ſhould expound our 39 Articles as Franc…a Sancta Clara did, we may not take them in that ſence, nor may they ſo change the Proteſtant Religion, by changing the ſence and keeping the words.

p. 74XVII. We approve not of their judgement, who (when the bonds of mutual Oaths between King and Subjects, according to the fundamental Conſtitution of the Kingdom, declareth the unchangeableneſs of our Monarchical Government) would have alſo certain Inferior powers made as unchangeable by publick Oaths; which powers antecedently to thoſe Oaths the King may change, as being not (at leaſt in their various Circumſtances) ſettled by Chriſt; Thereby depriving the King of his Power, and ſwearing the Subjects never to endeavour any alteration of ſuch inferior Government, not excepting [though the King and Parliament command it;] And ſo making mutable Miniſters as neceſſary and unchangable as the King.

XVIII. We deteſt the treachery of ſuch as would divide the Intereſt of the King and his Kingdom further than they are unavoidably differenced by Nature; and that would perſwade Kings that the Common Good is not the end of Government, but that it is their Intereſt to take down the welfare of the people, and get them as low as to liberties and wealth as they can: For the Uniting of the Intereſts and Affections of King and Kingdom, is the ſumm of the true Art of Governing, next to the pleaſing of God.

XIX. Much more do we abhorr their treachery againſt Kings, who would both expoſe them to Gods Juſtice, and the peoples hard thoughts, by ſetting them either above God or in competition with him, or building their Kingdoms in the air and not on God; we mean ſpecially ſuch as deny all Monarchs to be Limited by God, p. 75and to be ſubject to his Laws: And were they Abſolute and not limited by God, they might command all the Subjects to curſe God, to renounce Chriſt and their Salvation, to worſhip the Devil, and to violate all the Laws of Nature; which would ſubvert their own foundation.

XX. Accordingly we reject their treachery, that would make it the peoples duty to be of the Kings Religion, be it what it will be, and ſo among Turks, and Papiſts and Pagans, to be Mahometans, Papiſts or Heathens; and to obey the King againſt God; Nothing more diſhonouring Kings than when they are ſet up as in Gods place or as againſt him.

XXI. We alſo renounce their treachery, who would deny the ſubjects, a judicium diſcretionis, a judgment diſcerning duty from no duty and from ſin: For ſo they deprive the King of his Subjects and make them no men, nor capable of obeying him: And they deprive him of their aid, in caſe any Uſurper claim the Crown, if they muſt not judge, who hath the true right.

XXII. We renounce the treachery of ſuch as repreſent Monarchs odious to the very nature of their Subjects, (who are ruled by intereſt), by terrible deſcriptions of their Power, as abſolute; and as ſuch as may when they pleaſe ſeize on all mens eſtates, deſtroy the Innocent, Commiſſion their ſervants to kill Parliaments, burn Cities, ſell all as ſlaves to others, and the inſtruments may not be reſiſted: when it is known that terrible deſcriptions breed ſuch fears as tend to hatred; And hatred is virtual rebellion: And when all people ſee that their lives, liberties and eſtates have no ſecurity but the will of one mutable man, it maketh them like men among p. 76enemies, in continual ſuſpicion; when Love and Truſt are the chief affections of true Subjects to which fear muſt be but ſubſervient: How can treacherous men more undermine a Prince, than by ſuch terrible deſcriptions, and by perſwading him to rule by Fear rather than Love, to render him hated by his Subjects that ſhould love him and defend him?

XXIII. We take it for a traiterous opinion that, It is not lawful to take Arms againſt any that have a Commiſſion with the Kings Name under his Great or Little Seal, without exception: For then the keepers of his Majeſties Seals may depoſe the King, by Sealing Commiſſions as in his name, to traytours, to ſeize on his guards, forts, navies, Magazines, treaſures, ſervants, &c. and no loyal ſubjects might reſiſt them, no not they who by Law or former Commiſſion were obliged to it.

XXIV. We renounce their treachery who would weaken the Kings Intereſt by dividing his Subjects, and building up unneceſſary walls of partition between them▪ to keep them in ſuch diviſions, and would thereby cheriſh hatred, contention and mutinies among them, ſeeing, a Kingdom divided againſt it ſelf cannot ſtand: And it is unſafe and uncomfortable to a Prince to rule a divided mutinous people, and ſweet and ſafe to rule them that are united in mutual Love: Therefore we deteſt their way that would lay the peoples Concord upon uncapable terms, and bring the Kings intereſt in his peoples Love and willing obedience and ready defence of him, into too …rrow a bottom, making him the King of ſome cauſeleſly divided and eſpouſed party which muſt be ſet up to the oppreſſion of all the reſt, who are as wiſe and juſt and loyal as they.

p. 77XXV. It is treachery againſt Princes to tell them that they are not bound by their Oaths, Vows, and Promiſes; that thereby their Subjects may be brought into utter diſtruſtfulneſs of them. And how can there be due obedience and adhering to Rulers where there is no Truſt?

XXVI. They are great enemies to Princes who tempt them to notorious viciouſneſs of life, againſt God's Laws: ſeeing all that believe a God will honour him, and his Laws and intereſt, and will judge of men as they keep or break them; and will think worſe of the evil than the good: And God hath ſaid, Thoſe that honour me I will honour, &c. And even Princes muſt contemn a vile perſon, and honour thoſe that fear the Lord, Pſal. 15. Even among Heathens, how great was the peoples Love and Honour to an Antonine (even to deiſie him) to a Titus, a Trajan, an Alexander Severus; &c. and what excellent names have they left behind them! And how contrary was it with a Nero, a Caligula, a Commodus, a Heliogabalus, &c. He is the great enemy of Princes that would render them bad, moſt unlike to God, and the examples of iniquity, and enemies of the good.

XXVII. We deteſt their opinion who think that a ſtrong and proſperous Uſurper may be deſended againſt the King, or that the King is not to be defended againſt him, to the hazard of our eſtates and lives.

XXVIII. We renounce their opinion who think that it is Lawful for the Kings Subjects meerly to propagate Religion or Reformation in the Kingdom, by entring into Leagues, Covenants and Arms againſt him (of which before) and without his conſent and Laws.

p. 78XXIX. We diſown their opinion that think that though the inferior Subjects may not do this, yet the Inferior Magiſtrates may; and have power to queſtion and judge the King; (of which alſo before.)

XXX. We reject them that ſay, that The Perſon of the King is not inviolable, which no Subjects may aſſault or invade, much leſs take away his life.

XXXI. We deteſt the doctrine of thoſe Popiſh Doctors (at large cited in terms by Henry Fowlis and the Biſhop of Lincoln) who teach that when the Pope hath excommunicated and depoſed a King, he is no King, and may be killed, at leaſt by the Popes command, and that to kill him is not to kill a King: And we deteſt ſuch Treaſons as were executed on Henry 3. and H. 4. of France, and on our late King.

XXXII. We deteſt that opinion, that none are bound to the King, nor bound to forbear treaſon or to diſcover it, unleſs they have taken ſome Oath of fidelity to him or made ſome promiſe; As if a Papiſt or any other that cometh from beyond Sea and hath avoided ſuch Oaths and promiſes might lawfully do that which elſe were treaſon: As if our Anceſtors Covenants, and our living under the Laws and protection of a Soveraign did not oblige us.

XXXIII. We diſclaim the treacherous opinion of ſuch as would have Kings build their titles on no better ground than an Uſurper may plead, that ſo it may fall by the ſandineſs of that foundation; that is, either on meer Conqueſt, (and then a ſtronger may conquer them) p. 79or on pretence of their ſpecial fitneſs, by wiſdom and Goodneſs (and ſo if any were wiſer or better, he would have more right), or as Mahomet on pretended revelation from heaven (as aforeſaid.)

XXXIV. We renounce their opinion who hold that they may break their Oaths of Allegiance; or that the Pope or any other can diſpenſe with ſuch Oaths, according to the aforeſaid Laterane General Council.

XXXV. We diſown their diſloyalty, who would have ſuch Oaths put upon Subjects, whoſe matter is contrary to the common judgement of Philoſophers Heathen and Chriſtian, and Politicians, and Lawyers, and Hiſtorians, and Divines of all ſides, of the Chriſtian Religion; that ſo they may ingage the Common judgment of mankind againſt their Princes, under pretence of exalting them to more power than all or any of theſe parties do allow of.

XXXVI. We are the more unwilling our ſelves to make Vows and Oaths raſhly, or to renounce any lawful part of ſuch as were (though unlawfully) made: and that Miniſters of Chriſt ſhould really or ſeemingly be branded with the mark of PERJURY, or that any Cities or Corporations or Kingdoms in the world ſhould be ſo branded, leſt it ſhould weaken and looſen the publick bonds of Oaths with the Subjects, by which the lives of Princes are ſecured from Treaſons and Conſpiracies; And we think that when Oaths are deſpiſed and made as a ſport, it is an act of treachery againſt Princes lives: Beſides that the Guilty may expect Gods judgements; And if Perjury be revenged with Plagues, and flames and poverty, and a famin of the word, eſpecially p. 80reſtrained from the guiltieſt places, it is no wonder; at leaſt, till they as openly REPENT, as they have ſinned.

XXXVII. In General (becauſe all particulars cannot be remembred) we renounce all Principles and Practices of diſloyalty, ſedition, faction, Schiſm, treaſons, Conſpiracies and rebellion, againſt Kings or any rightful Governours.

WE have thus faithfuly given the world an account of our judgements, of the Power of Kings, the obedience of Subjects, and the miſchiefs of diſloyalty and rebellion: If we live in ſuch a time and place where all this is not enough to excuſe us from being ſuſpected of poyſoning men with ſeditious and rebellious doctrines; Yea if this very profeſſion, extorted from us by many publiſhed accuſations and reproaches, after ſo many years ſufferings and ſilence, ſhall be made the matter of our farther accuſation, reproach or ſuffering, we appeal to the final judgement of the moſt righteous God which we are near; and leave this for the information of poſterity and forreigners when we are dead. We know no man that can write ſo as that no word might not be wiſelier or better ſaid, or with which malice cannot pick a quarrel. If this be yet our lot, we muſt bear it.

We add this caution, That though ex ſuper abundanti we that concur in the foregoing Profeſſion, do to ſtop the mouth of calumnie, mention our conſent to all that General Councils, the Confeſſions of the Churches, the writings of Philoſophers, Politicians, Lawyers and Divines do ſay for the Power of Kings and the obedience of ſubjects, we do think it unreaſonable and dangerous, that ſuch redundancies ſhould be commonly impoſed on others, as a teſt of their fidelity.