Remarks upon Dr. Sherlock's book intituled The case of resistance of the supreme powers stated and resolved, according to the doctrine of the Holy Scriptures written in the year 1683, by Samuel Johnson.
         Johnson, Samuel, 1649-1703.
      
       
         
           1689
        
      
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             Remarks upon Dr. Sherlock's book intituled The case of resistance of the supreme powers stated and resolved, according to the doctrine of the Holy Scriptures written in the year 1683, by Samuel Johnson.
             Johnson, Samuel, 1649-1703.
          
           [6], XVIII, 56 p.
           
             Printed by the author, and are to be sold by Richard Baldwin,
             London :
             1689.
          
           
             Reproduction of original in the Union Theological Seminary Library, New York.
          
        
      
    
     
       
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           Sherlock, William, 1641?-1707. -- Case of resistance of the supreme powers stated and resolved, according to the doctrine of the Holy Scriptures.
           Divine right of kings.
           Church and state -- England.
        
      
    
     
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           REMARKS
           UPON
           Dr.
           SHERLOCK'S
           BOOK
           ,
           INTITULED
           The
           Case
           of
           Resistance
           of
           the
           Supreme
           Powers
           Stated
           and
           Resolved
           ,
           according
           to
           the
           Doctrine
           of
           the
           Holy
           Scriptures
           .
        
         
           Written
           in
           the
           Year
           1683
           ,
           By
           
             SAMVEL
             IOHNSON
          
           .
        
         
           London
           ;
           Printed
           for
           the
           Author
           ,
           and
           are
           to
           be
           sold
           by
           
             Richard
             Baldwin
          
           ,
           1689.
           
        
      
       
         
         
         
           To
           the
           Right
           Honourable
           WRIOTHESLY
           Lord
           RVSSEL
           .
        
         
           
             My
             Lord
             ,
          
        
         
           YOur
           Lordship
           has
           the
           largest
           Inheritance
           of
           Honour
           of
           any
           Englishman
           besides
           ,
           and
           your
           very
           early
           Years
           promise
           to
           the
           World
           ,
           that
           you
           will
           rather
           improve
           than
           waste
           your
           Patrimony
           .
           I
           hope
           
           your
           Great
           Father
           will
           Live
           in
           You
           ,
           and
           that
           there
           never
           will
           be
           wanting
           a
           Great
           Lord
           Russell
           in
           Succession
           ,
           which
           is
           the
           only
           way
           wherein
           Mortal
           Men
           can
           stay
           any
           while
           here
           upon
           Earth
           .
           That
           You
           may
           follow
           Him
           in
           his
           Piety
           ,
           in
           his
           Devotedness
           to
           his
           Religion
           and
           Countrey
           ,
           in
           his
           Integrity
           ,
           Wisdom
           ,
           Magnanimity
           ,
           Constancy
           ,
           and
           all
           the
           Parts
           both
           of
           a
           Christian
           and
           a
           Nobleman
           :
           And
           that
           
           You
           may
           be
           the
           Joy
           and
           Delight
           of
           your
           Countrey
           (
           as
           He
           was
           ,
           )
           but
           Never
           their
           Grief
           ,
           is
           the
           Hearty
           Prayer
           of
        
         
           
             My
             Lord
             ,
          
           
             Your
             Lordship
             's
             Most
             Humble
             and
             Most
             Obedient
             Servant
             SAMUEL
             JOHNSON
             .
          
        
      
       
         
         
         
           THE
           PREFACE
           .
        
         
           I
           Have
           Published
           these
           Papers
           ,
           which
           I
           had
           not
           seen
           for
           above
           five
           Years
           before
           ,
           to
           rid
           my
           Hands
           of
           the
           baffled
           Cause
           of
           Non-Resistance
           ,
           and
           to
           offer
           my
           Service
           to
           do
           as
           much
           for
           some
           Men's
           new-fashioned
           Loyalty
           ,
           which
           is
           in
           election
           likewise
           to
           be
           Adopted
           for
           Church-of
           -
           
           England-Doctrine
           ,
           as
           the
           other
           was
           .
           It
           consists
           in
           being
           Discontented
           with
           the
           present
           Government
           ,
           in
           loathing
           our
           late
           and
           wonderful
           Deliverance
           ,
           and
           in
           hankering
           after
           Egypt
           again
           ;
           in
           refusing
           to
           swear
           Allegiance
           to
           the
           King
           ,
           and
           in
           effect
           forbidding
           him
           to
           be
           King
           without
           their
           leave
           :
           And
           after
           all
           it
           lies
           hid
           in
           lurking
           
           Scruples
           ,
           and
           in
           Reasons
           best
           known
           to
           Themselves
           .
           Now
           till
           we
           are
           worthy
           to
           know
           to
           whom
           these
           Persons
           think
           themselves
           under
           Engagements
           ,
           whether
           to
           the
           late
           King
           ,
           or
           to
           the
           Prince
           of
           Wales
           ,
           or
           to
           Tyrconnel
           ,
           or
           to
           what
           Foreign
           Prince
           or
           Potentate
           it
           is
           ,
           And
           for
           what
           Reasons
           they
           are
           not
           free
           to
           take
           the
           present
           Oaths
           ,
           it
           is
           impossible
           to
           say
           any
           thing
           in
           particular
           to
           them
           .
           For
           the
           Errors
           and
           Windings
           of
           Ignorance
           and
           Interest
           are
           intricate
           and
           endless
           :
           And
           the
           Reasons
           of
           a
           self-willed
           Obstinacy
           ,
           which
           is
           in
           it self
           an
           unreasonable
           Principle
           ,
           must
           needs
           be
           Incomprehensible
           .
           If
           any
           Man
           had
           told
           me
           seven
           Years
           ago
           ,
           that
           the
           Doctrine
           of
           Passive
           Obedience
           should
           be
           maintained
           by
           such
           Arguments
           as
           I
           have
           since
           met
           with
           ,
           I
           could
           not
           have
           believed
           him
           :
           For
           no
           Man
           ,
           who
           has
           used
           his
           Thoughts
           to
           Evidence
           and
           Coherence
           ,
           could
           possibly
           foresee
           or
           forestall
           those
           Arguments
           .
           And
           therefore
           till
           these
           Reserved
           Persons
           will
           please
           to
           let
           their
           Scruples
           see
           the
           Light
           ,
           and
           bring
           forth
           all
           their
           strong
           Reasons
           ,
           
           they
           must
           enjoy
           the
           Priviledg
           of
           being
           Vnanswerable
           .
        
         
           But
           in
           the
           mean
           time
           we
           are
           able
           to
           Prove
           ,
           if
           the
           Nation
           wanted
           any
           Satisfaction
           in
           that
           Point
           ,
           That
           King
           William
           (
           a
           Prince
           of
           God's
           sending
           ,
           and
           whom
           He
           have
           in
           his
           especial
           keeping
           !
           )
           is
           the
           Rightfullest
           King
           that
           ever
           sat
           upon
           the
           English
           Throne
           .
           For
           he
           is
           set
           up
           by
           the
           same
           Hands
           which
           made
           the
           First
           King
           ,
           and
           which
           hereafter
           will
           make
           the
           Last
           ,
           and
           which
           have
           always
           unmade
           all
           Tyrants
           as
           fast
           as
           they
           could
           :
           And
           the
           Realm
           has
           not
           chosen
           him
           like
           a
           Persian
           King
           ,
           by
           the
           neighing
           of
           an
           Horse
           ,
           or
           by
           some
           light
           Accident
           ;
           but
           in
           the
           wisest
           way
           ,
           and
           upon
           the
           most
           weighty
           and
           valuable
           Considerations
           .
           For
           if
           he
           had
           not
           come
           ,
           there
           had
           not
           been
           a
           Kingdom
           for
           him
           to
           Govern
           ;
           England
           had
           now
           been
           a
           Wilderness
           of
           howling
           Irish
           ,
           a
           Rendevouz
           of
           French
           Apostolick
           Dragoons
           ,
           a
           Nest
           of
           Priests
           and
           Iesuits
           ,
           and
           any
           thing
           but
           a
           Kingdom
           .
           So
           that
           he
           is
           a
           Prince
           who
           Governs
           his
           Own
           Kingdom
           ,
           which
           he
           first
           saved
           
           from
           Perishing
           ;
           and
           though
           Conquest
           never
           was
           a
           Title
           ,
           yet
           Redemption
           is
           .
           In
           such
           Cases
           Men
           used
           heretofore
           to
           become
           Slaves
           to
           their
           Deliverers
           :
           Now
           this
           indeed
           is
           a
           thing
           impossible
           for
           English-men
           ,
           but
           they
           never
           had
           such
           a
           Temptation
           to
           it
           before
           .
           The
           least
           they
           can
           do
           ,
           is
           to
           make
           him
           a
           Present
           of
           their
           Lives
           and
           Fortunes
           ,
           not
           in
           foolish
           and
           flattering
           Addresses
           ,
           but
           in
           real
           Services
           ;
           and
           to
           perpetuate
           his
           Benefits
           to
           this
           Nation
           to
           the
           World's-end
           ,
           by
           passing
           them
           into
           such
           advantageous
           Laws
           for
           the
           Publick
           ,
           as
           could
           not
           be
           had
           in
           other
           Reigns
           .
        
         
           We
           are
           able
           to
           prove
           likewise
           ,
           That
           if
           the
           Realm
           has
           a
           Right
           to
           provide
           themselves
           of
           a
           King
           when
           they
           have
           none
           ,
           much
           more
           they
           may
           do
           so
           when
           they
           have
           one
           ,
           who
           has
           made
           himself
           a
           thousand
           times
           worse
           than
           none
           .
           One
           who
           was
           long
           since
           known
           to
           be
           a
           publick
           Enemy
           to
           this
           Kingdom
           ,
           and
           had
           utterly
           unqualified
           himself
           for
           the
           Government
           ,
           and
           forfeited
           his
           Remainder
           in
           the
           Crown
           ,
           by
           rendring
           himself
           uncapable
           of
           the
           Regal
           Office.
           For
           
           we
           knew
           before-hand
           that
           he
           was
           not
           capable
           of
           taking
           the
           Coronation-Oath
           ,
           with
           any
           other
           Intention
           than
           to
           break
           it
           ;
           and
           that
           he
           wanted
           to
           be
           let
           into
           the
           Government
           ,
           only
           to
           spoil
           and
           subvert
           it
           .
           And
           therefore
           in
           Pursuance
           of
           the
           Ancient
           Rights
           of
           the
           Realm
           ,
           (
           whose
           Consent
           is
           the
           Foundation
           of
           all
           Government
           ,
           and
           who
           never
           made
           any
           Establishment
           of
           the
           Crown
           for
           the
           Destruction
           of
           the
           Nation
           ,
           nor
           ever
           intailed
           the
           Government
           but
           upon
           the
           Terms
           of
           the
           Government
           ,
           )
           He
           was
           Excluded
           by
           no
           less
           than
           three
           Successive
           Houses
           of
           Commons
           :
           Which
           was
           such
           a
           Caveat
           entred
           by
           all
           the
           Counties
           and
           Boroughs
           of
           England
           against
           his
           Succession
           ,
           as
           never
           was
           against
           any
           other
           .
           This
           had
           passed
           into
           an
           Act
           of
           Parliament
           ,
           had
           it
           not
           been
           for
           the
           mean
           and
           indirect
           Practices
           of
           some
           Persons
           ,
           who
           owed
           their
           Native
           Country
           better
           Offices
           ,
           than
           to
           bring
           the
           Calamity
           and
           Vengeance
           of
           a
           Popish
           Successor
           upon
           it
           .
           After
           this
           Successor
           ,
           with
           the
           help
           aforesaid
           ,
           had
           paved
           his
           Way
           to
           the
           Throne
           upon
           the
           Ruins
           of
           
           the
           Franchises
           of
           most
           Corporations
           ,
           and
           upon
           the
           Heads
           of
           the
           Best
           Men
           in
           England
           ,
           of
           a
           sudden
           ,
           when
           for
           many
           Years
           before
           the
           King
           was
           to
           out-live
           the
           Duke
           ,
           on
           the
           other
           Hand
           the
           Duke
           out-lives
           the
           King
           ,
           and
           makes
           himself
           King.
           But
           if
           he
           had
           been
           a
           Rightful
           King
           when
           he
           took
           Possession
           of
           the
           Crown
           (
           as
           he
           was
           not
           ,
           but
           a
           publick
           Enemy
           )
           he
           has
           since
           that
           time
           broken
           the
           Fundamental
           Contract
           ,
           or
           Covenant
           of
           the
           Kingdom
           ,
           or
           Coronation-Oath
           ,
           (
           for
           they
           are
           but
           several
           Names
           for
           the
           same
           Thing
           )
           with
           that
           Perjury
           and
           Perfidiousness
           as
           never
           any
           Prince
           did
           before
           him
           .
           I
           will
           not
           mention
           his
           smothering
           of
           all
           the
           Laws
           against
           Popery
           and
           Priests
           ,
           whom
           he
           ought
           immediately
           to
           have
           apprehended
           ,
           prosecuted
           ,
           and
           hanged
           ,
           if
           he
           had
           taken
           the
           Oath
           in
           Good
           Faith
           ,
           which
           according
           to
           the
           Constitution
           he
           was
           bound
           to
           do
           .
           For
           according
           to
           ancient
           Custom
           he
           was
           to
           be
           Adjured
           not
           to
           meddle
           with
           the
           Crown
           ,
           unless
           he
           would
           take
           his
           Oath
           ,
           
             sine
             Fraude
             &
             malo
             ingenio
          
           ,
           and
           mean
           Honestly
           .
           Neither
           
           need
           I
           say
           any
           thing
           of
           his
           holding
           Correspondence
           with
           the
           Foreign
           Tyrant
           ,
           Vsurper
           ,
           and
           publick
           Enemy
           of
           this
           Kingdom
           ,
           by
           sending
           a
           pompous
           Embassy
           to
           Rome
           ,
           and
           by
           obtruding
           a
           Nuncio
           upon
           the
           Nation
           ,
           with
           that
           insolence
           that
           he
           must
           dine
           at
           Guildhall
           .
           But
           the
           Things
           I
           shall
           mention
           are
           ,
           The
           keeping
           a
           Mercenary
           in
           constant
           Pay
           ,
           to
           deprave
           ,
           ridicule
           ,
           and
           pervert
           the
           English
           Constitution
           ,
           and
           to
           Banter
           the
           Nation
           out
           of
           all
           their
           Laws
           ,
           by
           two
           or
           three
           authorized
           Observators
           every
           Week
           :
           The
           Murthering
           of
           great
           Numbers
           in
           the
           West
           in
           cold
           Blood
           ,
           without
           any
           Process
           of
           Law
           :
           The
           garbling
           of
           Iudges
           ,
           and
           perverting
           of
           all
           Iustice
           in
           Westminster-Hall
           :
           The
           breaking
           the
           Peace
           of
           the
           Nation
           ,
           (
           the
           keeping
           whereof
           was
           a
           principal
           part
           of
           his
           Office
           )
           by
           keeping
           up
           a
           standing
           Army
           ,
           for
           several
           Years
           together
           ,
           in
           the
           Bowels
           of
           the
           Kingdom
           ,
           not
           only
           at
           the
           Charge
           ,
           but
           to
           the
           Terror
           and
           Disherison
           of
           his
           People
           :
           Whereas
           ,
           as
           I
           remember
           ,
           it
           was
           a
           considerable
           Article
           in
           the
           Deposing
           of
           Edward
           the
           
           Second
           ,
           That
           he
           went
           into
           Glocestershire
           with
           a
           thousand
           Horse
           .
           The
           five
           Positions
           of
           the
           Eleven
           Iudges
           ;
           The
           Yearly
           Declarations
           of
           Dispensing
           with
           the
           Laws
           ,
           that
           is
           ,
           violating
           them
           by
           whole-sale
           ,
           instead
           of
           Annual
           Parliaments
           :
           The
           High-Commission
           Court
           ;
           and
           at
           the
           latter
           end
           of
           the
           Day
           the
           Tyranny
           and
           Oppression
           was
           coming
           home
           to
           those
           ,
           who
           had
           long
           been
           made
           the
           Instruments
           of
           Oppressing
           and
           Destroying
           all
           others
           .
        
         
           Besides
           ,
           these
           were
           all
           of
           them
           Instances
           of
           an
           open
           and
           avowed
           Tyranny
           ,
           which
           was
           to
           have
           been
           the
           Inheritance
           of
           our
           miserable
           Posterity
           ,
           under
           a
           Pretence
           of
           Prerogative
           ,
           Soveraignty
           ,
           Imperial
           Laws
           ,
           Dispensing
           Power
           ,
           and
           the
           like
           ;
           So
           that
           our
           Children
           should
           never
           have
           known
           ,
           but
           that
           they
           had
           been
           born
           Slaves
           
             at
             Common-Law
          
           ,
           and
           so
           never
           have
           aspired
           after
           their
           English
           Freedom
           more
           :
           And
           to
           make
           all
           sure
           ,
           by
           Packing
           the
           only
           Parliament
           in
           that
           Reign
           ,
           by
           Closetting
           the
           Members
           of
           it
           ,
           by
           Regulating
           Corporations
           ,
           and
           by
           their
           last
           Project
           of
           a
           
           Supernumerary
           Nobility
           ,
           we
           were
           likewise
           in
           a
           fair
           way
           to
           have
           been
           made
           Slaves
           by
           Statute
           .
           I
           have
           not
           mentioned
           his
           Desertion
           all
           this
           while
           ,
           neither
           will
           I
           take
           any
           Advantage
           of
           it
           ,
           because
           I
           look
           upon
           it
           as
           the
           very
           best
           Action
           of
           his
           whole
           Life
           ,
           and
           the
           stopping
           him
           in
           it
           was
           an
           ill
           Day
           's
           Work
           :
           And
           if
           he
           had
           absented
           himself
           for-ever
           ,
           as
           for
           me
           ,
           he
           had
           carried
           his
           Tyranny
           and
           all
           the
           Faults
           of
           his
           Mis-rule
           along
           with
           him
           ,
           neither
           should
           I
           ever
           have
           mentioned
           them
           in
           this
           manner
           .
           But
           being
           he
           has
           altered
           his
           Measures
           ,
           and
           Deserted
           his
           Desertion
           ,
           and
           wants
           more
           Blood
           ,
           and
           is
           come
           back
           in
           a
           War
           upon
           the
           Kingdom
           ,
           whereby
           the
           Subjects
           of
           England
           will
           have
           occasion
           to
           stake
           down
           their
           Lives
           in
           the
           Field
           against
           him
           ;
           I
           thought
           it
           necessary
           ,
           thus
           far
           ,
           to
           open
           the
           Merits
           of
           our
           Country's
           Cause
           against
           him
           :
           And
           to
           shew
           ,
           that
           we
           shall
           venture
           our
           Lives
           in
           the
           best
           Cause
           in
           the
           World
           ,
           against
           the
           very
           worst
           ;
           in
           Defence
           of
           our
           Religion
           and
           Countrey
           ,
           against
           the
           irreconcileable
           Enemy
           of
           both
           ;
           who
           
           has
           been
           just
           such
           a
           Father
           of
           our
           Countrey
           ,
           as
           he
           was
           a
           Defender
           of
           our
           Faith.
           
        
         
           Besides
           ,
           we
           are
           able
           to
           produce
           the
           Original
           of
           an
           English
           King
           ,
           and
           the
           very
           Fundamental
           Contract
           made
           with
           him
           before
           they
           made
           him
           King
           ,
           out
           of
           the
           8th
           Page
           of
           the
           Mirror
           ,
           out
           of
           the
           
             Saxon
             History
             and
             Laws
          
           ,
           out
           of
           Bracton
           and
           Chancellour
           Fortescue
           ,
           who
           writ
           his
           Book
           on
           Purpose
           to
           shew
           the
           English
           Constitution
           ;
           where
           it
           is
           demonstrated
           to
           be
           a
           perfect
           Stipulation
           and
           a
           down-right
           English
           Bargain
           .
           Part
           of
           which
           was
           ,
           
             For
             the
             King
             to
             be
             obeysant
             to
             suffer
             the
             Law
             as
             others
             of
             his
             People
          
           ;
           And
           it
           is
           likewise
           declared
           ,
           to
           be
           the
           
             First
             and
             Soveraign
             Fraud
             ,
             Abusion
             and
             Perversion
             of
             the
             Law
             for
             the
             King
             to
             be
             Lawless
             ,
             whereas
             he
             ought
             to
             be
             subject
             to
             it
             as
             is
             contained
             in
             his
             Oath
             .
          
           And
           he
           that
           makes
           strange
           ,
           and
           wonders
           at
           such
           a
           National
           Covenant
           ,
           never
           yet
           knew
           where
           he
           lived
           ,
           whether
           Here
           or
           in
           Turkey
           ,
           or
           at
           Algiers
           ;
           neither
           could
           he
           ever
           tell
           ,
           whether
           he
           
           and
           his
           Children
           were
           born
           Freemen
           or
           Slaves
           .
           And
           tho
           the
           Phrase
           and
           Form
           of
           this
           Contract
           has
           varied
           upon
           occasion
           in
           the
           Coronation-Oath
           ,
           yet
           the
           Effect
           and
           Substance
           of
           it
           has
           always
           been
           Preserved
           .
        
         
           We
           are
           able
           further
           to
           prove
           ,
           That
           the
           Oath
           of
           Allegiance
           being
           the
           Counterpart
           of
           the
           Coronation-Oath
           ,
           and
           containing
           the
           Subjects
           Duty
           as
           the
           other
           does
           the
           King's
           ,
           is
           of
           the
           nature
           of
           all
           Covenants
           ,
           and
           is
           a
           Conditional
           Oath
           .
           Suppose
           ,
           in
           a
           lower
           Instance
           ,
           an
           Apprentice
           were
           sworn
           to
           his
           Indenture
           ,
           would
           he
           be
           bound
           in
           Conscience
           to
           perform
           his
           Master's
           Service
           ,
           when
           his
           Master
           instead
           of
           finding
           him
           Maintenance
           and
           Lodging
           ,
           would
           allow
           him
           neither
           ,
           but
           turned
           him
           out
           of
           Doors
           ?
           Such
           a
           Master
           must
           even
           do
           his
           own
           Business
           himself
           ,
           or
           Travel
           abroad
           to
           find
           him
           out
           a
           new
           Apprentice
           ,
           if
           he
           can
           ,
           notwithstanding
           his
           former
           Apprentices
           Oath
           .
        
         
           Moreover
           ,
           we
           are
           able
           to
           prove
           ,
           That
           the
           Oath
           of
           Allegiance
           taken
           to
           a
           Tyrant
           
           would
           be
           a
           void
           unlawful
           and
           wicked
           Oath
           ;
           Void
           ,
           because
           it
           is
           an
           Obligation
           of
           Obedience
           according
           to
           the
           Laws
           ,
           which
           a
           Tyrant
           makes
           it
           his
           business
           to
           destroy
           ,
           so
           that
           it
           is
           swearing
           to
           things
           Inconsistent
           ;
           Vnlawful
           ,
           because
           the
           English
           Constitution
           will
           not
           admit
           such
           a
           Person
           to
           be
           King
           ,
           it
           knows
           no
           King
           but
           such
           a
           one
           as
           can
           do
           no
           wrong
           ;
           and
           Wicked
           ,
           because
           it
           strengthens
           his
           Hands
           in
           the
           Destruction
           of
           our
           Countrey
           .
           He
           that
           swears
           Allegiance
           to
           a
           known
           publick
           Enemy
           ,
           and
           engages
           to
           be
           aiding
           and
           assisting
           to
           him
           ,
           is
           so
           far
           a
           publick
           Enemy
           himself
           .
           If
           some
           Persons
           knew
           him
           not
           to
           be
           a
           Tyrant
           when
           at
           the
           first
           they
           were
           sworn
           to
           him
           ,
           yet
           as
           soon
           as
           they
           do
           know
           him
           to
           be
           such
           ,
           or
           especially
           if
           the
           Realm
           declare
           him
           to
           be
           such
           ,
           their
           Oath
           of
           Allegiance
           becomes
           a
           void
           ,
           unlawful
           and
           wicked
           Oath
           to
           them
           ,
           and
           they
           cannot
           possibly
           keep
           it
           any
           longer
           if
           they
           would
           .
           And
           therefore
           to
           ask
           ,
           
             Who
             shall
             Absolve
             us
             from
             our
             Oath
             to
             King
             James
             ?
          
           is
           to
           ask
           ,
           Who
           
           shall
           Absolve
           us
           from
           an
           Oath
           which
           cannot
           bind
           ;
           from
           an
           Oath
           which
           ought
           not
           to
           have
           been
           made
           ,
           and
           is
           now
           ,
           at
           least
           ,
           as
           if
           it
           had
           never
           been
           made
           ;
           which
           was
           ill
           made
           ,
           and
           would
           be
           worse
           kept
           .
           Such
           an
           Oath
           is
           so
           far
           from
           needing
           any
           Absolver
           ,
           that
           on
           the
           other
           hand
           an
           Angel
           from
           Heaven
           cannot
           oblige
           us
           to
           keep
           it
           .
        
         
           And
           whereas
           it
           is
           the
           Maxim
           of
           the
           Malecontents
           to
           the
           same
           Purpose
           ,
           
             Better
             Popery
             than
             Perjury
          
           ;
           They
           may
           remember
           if
           they
           please
           ,
           That
           the
           Popery
           and
           the
           Perjury
           have
           always
           gone
           together
           ,
           and
           have
           been
           both
           of
           a
           Side
           .
           They
           may
           remember
           ,
           That
           their
           Popish
           King
           ,
           while
           he
           was
           Duke
           ,
           was
           the
           Cause
           of
           almost
           an
           Vniversal
           Perjury
           in
           Corporations
           by
           delivering
           up
           their
           Charters
           ;
           and
           that
           he
           got
           the
           best
           Franchises
           of
           his
           greatest
           Village
           in
           Europe
           to
           be
           betrayed
           and
           surrendred
           ,
           by
           the
           help
           of
           such
           another
           Maxim
           ,
           
             Better
             half
             a
             Loaf
             than
             no
             Bread.
          
           That
           he
           was
           Perjured
           in
           the
           very
           taking
           of
           the
           Coronation-Oath
           ,
           
           which
           he
           did
           not
           and
           could
           not
           take
           in
           Good
           Faith
           ,
           and
           all
           the
           World
           knows
           how
           well
           he
           kept
           it
           .
           That
           he
           likewise
           by
           his
           own
           Perjury-Prerogative
           of
           a
           Dispensing
           Power
           ,
           brought
           an
           Vniversal
           Perjury
           upon
           the
           Magistrates
           of
           England
           ,
           who
           were
           sworn
           to
           the
           Execution
           of
           the
           Laws
           .
           And
           throughout
           the
           late
           Reign
           of
           Treason
           ,
           I
           would
           fain
           know
           the
           Man
           that
           kept
           his
           Oath
           of
           Allegiance
           ,
           in
           discovering
           to
           a
           Magistrate
           the
           High-Treason
           against
           the
           King
           and
           the
           Realm
           ,
           of
           Persons
           being
           Reconciled
           to
           the
           Church
           of
           Rome
           ,
           and
           of
           those
           who
           endeavoured
           to
           Reconcile
           others
           ;
           and
           that
           did
           not
           conceal
           these
           Treasons
           which
           he
           knew
           of
           ,
           and
           thereby
           make
           himself
           guilty
           of
           Misprision
           .
           No
           ,
           they
           were
           Happy
           Men
           who
           laid
           down
           their
           Lives
           betimes
           ,
           and
           did
           not
           stay
           to
           see
           the
           Guilt
           and
           Misery
           in
           which
           a
           Popish
           Successor
           has
           since
           involved
           their
           Country
           ,
           the
           Foresight
           of
           which
           made
           them
           not
           count
           their
           Lives
           dear
           to
           them
           ,
           but
           they
           endeavoured
           to
           prevent
           such
           a
           Calamity
           
           at
           the
           expence
           of
           their
           last
           Blood
           ,
           and
           died
           the
           true
           Martyrs
           of
           their
           Religion
           and
           Countrey
           .
           But
           as
           for
           us
           who
           are
           left
           behind
           ,
           we
           must
           see
           the
           Wretches
           ,
           who
           shed
           that
           more
           than
           Innocent
           Blood
           ,
           wash
           their
           Hands
           in
           it
           ,
           and
           justify
           the
           shedding
           of
           it
           ,
           and
           cause
           it
           to
           cry
           afresh
           .
           This
           is
           particularly
           done
           in
           an
           Infamous
           Libel
           ,
           entituled
           ,
           
             The
             Magistracy
             and
             Government
             of
          
           England
           Vindicated
           ;
           wherein
           the
           Murthering
           of
           the
           
             Greatest
             English-man
          
           we
           had
           ,
           for
           endeavouring
           to
           save
           his
           Country
           ,
           is
           still
           avowed
           .
           If
           these
           Men
           had
           the
           Trying
           of
           Causes
           once
           more
           ,
           no
           doubt
           we
           should
           have
           our
           late
           Deliverance
           Arraigned
           for
           an
           Invasion
           ,
           and
           every
           brave
           English-man
           ,
           who
           joined
           with
           that
           unexpected
           Helping
           Hand
           out
           of
           the
           Clouds
           ,
           Indicted
           and
           Condemned
           for
           a
           Traytor
           .
           I
           shall
           only
           say
           in
           general
           ,
           That
           that
           Vindication
           wants
           another
           ,
           as
           much
           as
           the
           Magistracy
           and
           Government
           which
           it
           pretends
           to
           Vindicate
           ;
           for
           there
           is
           not
           one
           material
           Word
           of
           it
           true
           .
           For
           
           instance
           ,
           A
           Consult
           to
           levy
           War
           is
           not
           an
           Overt
           Act
           of
           Compassing
           the
           Death
           of
           the
           King
           ,
           because
           the
           Actual
           levying
           of
           War
           is
           often
           done
           without
           any
           such
           Tendency
           ;
           as
           I
           could
           instance
           over
           and
           over
           again
           in
           former
           Times
           ,
           but
           I
           love
           to
           quote
           what
           is
           fresh
           in
           Memory
           .
           My
           Lord
           Delamere
           (
           whom
           I
           mention
           out
           of
           Honour
           to
           him
           )
           did
           very
           lately
           levy
           War
           ,
           and
           when
           he
           had
           the
           late
           King
           in
           his
           Power
           at
           Whitehall
           ,
           was
           so
           far
           from
           Compassing
           his
           Death
           ,
           that
           he
           only
           delivered
           him
           a
           Message
           to
           remove
           in
           Peace
           .
           And
           being
           that
           Illegal
           Tryal
           is
           still
           justified
           ,
           I
           must
           needs
           add
           this
           ,
           That
           if
           there
           had
           been
           Law
           enough
           left
           to
           have
           Tried
           a
           Felon
           in
           the
           Counties
           of
           London
           and
           Middlesex
           ,
           that
           Great
           Man
           had
           never
           been
           brought
           upon
           his
           Tryal
           .
           But
           because
           the
           Parties
           concern'd
           desire
           to
           answer
           it
           only
           in
           Parliament
           ,
           I
           only
           desire
           that
           there
           they
           may
           be
           put
           to
           make
           out
           ,
           how
           known
           Vnlawful
           Sheriffs
           ,
           
             de
             Facto
          
           ,
           obtruded
           upon
           the
           City
           of
           
           London
           against
           their
           own
           Lawful
           Choice
           ,
           on
           purpose
           to
           be
           Instruments
           of
           destroying
           the
           Lives
           ,
           Liberties
           and
           Estates
           of
           the
           best
           Subjects
           ,
           could
           be
           at
           the
           same
           time
           Lawful
           Sheriffs
           
             de
             Jure
          
           :
           And
           on
           the
           other
           Hand
           it
           is
           easy
           to
           make
           it
           good
           ,
           That
           the
           Validity
           of
           that
           Tryal
           and
           Proceedings
           depending
           upon
           the
           Legality
           of
           the
           Sheriffs
           and
           Iury
           ,
           that
           pretended
           Court
           was
           of
           no
           Authority
           ,
           and
           was
           such
           another
           Low
           Court
           of
           Iustice
           ,
           as
           the
           Black-Guard
           are
           able
           to
           make
           among
           themselves
           every
           Day
           .
           Perhaps
           they
           may
           plead
           Ignorance
           of
           so
           notorious
           a
           Matter
           ,
           and
           that
           they
           could
           take
           no
           Cognizance
           of
           it
           ,
           because
           it
           did
           not
           come
           Iudicially
           before
           them
           :
           But
           that
           cannot
           be
           said
           ,
           for
           the
           Nullity
           of
           those
           very
           Sheriffs
           was
           before
           that
           brought
           in
           that
           very
           Place
           ,
           in
           a
           Special
           Plea
           ,
           and
           Over-ruled
           .
           Their
           best
           and
           their
           truest
           Plea
           is
           this
           ,
           That
           they
           never
           Dreamed
           of
           the
           Prince
           of
           
           Orange's
           
           coming
           over
           to
           restore
           Iustice
           to
           this
           lost
           Nation
           ,
           which
           we
           doubt
           not
           he
           will
           cause
           to
           run
           down
           like
           a
           Mighty
           Stream
           :
           For
           otherwise
           (
           as
           appears
           by
           the
           repeated
           Choice
           of
           the
           Never-to-be-forgotten
           Sir
           
             John
             Moor
          
           )
           these
           Men
           must
           have
           the
           Destroying
           of
           their
           Countrey
           over
           again
           ,
           only
           to
           Iustify
           their
           having
           Destroyed
           it
           once
           before
           .
        
      
    
     
       
         
         
           REMARKS
           UPON
           Dr.
           
           Sherlock's
           late
           Book
           ,
           ENTITULED
           ,
           The
           Case
           of
           Resistance
           of
           the
           Supreme
           Powers
           ;
           Stated
           and
           Resolved
           ,
           according
           to
           the
           Doctrine
           of
           the
           Holy
           Scriptures
           .
        
         
           THE
           Case
           which
           the
           Title
           of
           this
           Book
           promises
           to
           Resolve
           ,
           is
           a
           very
           plain
           Case
           ,
           and
           soon
           resolved
           :
           for
           it
           never
           was
           made
           a
           Question
           ,
           Whether
           Men
           might
           lawfully
           Resist
           any
           Legal
           Subordinate
           Powers
           ,
           much
           less
           the
           Supreme
           Powers
           ;
           and
           they
           
           are
           ordinary
           Readers
           indeed
           ,
           that
           are
           to
           be
           instructed
           ,
           That
           Resistance
           is
           unlawful
           in
           this
           Case
           .
        
         
           But
           under
           the
           shelter
           and
           countenance
           of
           this
           plain
           and
           unquestioned
           Case
           ,
           and
           under
           the
           covert
           of
           these
           Names
           ,
           
             Sovereign
             ,
             King
             ,
             Prince
             ,
             Authority
             ,
          
           and
           the
           like
           ,
           this
           Author
           has
           slily
           convey'd
           into
           his
           Book
           the
           Resolution
           of
           another
           Case
           ,
           of
           a
           far
           different
           nature
           ;
           and
           determines
           ,
           That
           as
           well
           inferiour
           Magistrates
           as
           others
           ,
           imploy'd
           by
           a
           Popish
           or
           Tyrannical
           Prince
           in
           the
           most
           illegal
           and
           outragious
           Acts
           of
           Violence
           ,
           such
           as
           cutting
           of
           Throats
           ,
           or
           the
           like
           ,
           are
           as
           Irresistible
           as
           the
           Prince
           himself
           ,
           (
           under
           pretence
           of
           having
           the
           Prince's
           Commission
           and
           Authority
           to
           do
           these
           Acts
           )
           and
           must
           be
           submitted
           to
           ,
           under
           pain
           of
           Hell
           and
           Eternal
           Damnation
           .
        
         
           I
           fully
           agree
           with
           this
           Author
           in
           his
           Resolution
           of
           the
           first
           Case
           ,
           but
           I
           crave
           leave
           to
           dissent
           from
           him
           in
           the
           Resolution
           of
           the
           latter
           Case
           ;
           and
           to
           enter
           the
           Reasons
           of
           my
           dissent
           .
        
         
         
           But
           though
           I
           agree
           with
           him
           in
           his
           Resolution
           of
           the
           first
           Case
           ,
           yet
           I
           do
           not
           in
           his
           Reasons
           of
           that
           Resolution
           ,
           which
           are
           utterly
           insufficient
           ,
           and
           betray
           the
           Cause
           which
           he
           seems
           to
           maintain
           .
           His
           Reasons
           why
           the
           King
           is
           Irresistible
           in
           all
           Cases
           ,
           are
           such
           as
           these
           :
           
           1.
           
           
             That
             the
             King
             has
             a
             Personal
             Authority
             ,
             antecedent
             to
             all
             the
             Laws
             of
             the
             Land
             ,
             independent
             on
             them
             ,
             and
             superiour
             to
             them
             .
          
           Which
           is
           not
           true
           ;
           for
           the
           King
           is
           King
           by
           Law
           ,
           and
           Irresistible
           by
           Law
           ,
           and
           has
           his
           Authority
           from
           the
           Law.
           Indeed
           our
           Author
           says
           ,
           That
           the
           Great
           Lawyer
           Bracton
           ,
           by
           those
           very
           words
           of
           his
           ,
           
             Lex
             facit
             Regem
          
           ,
           
           was
           
             far
             enough
             from
             understanding
             that
             the
             King
             receives
             his
             Sovereign
             Power
             from
             the
             Law.
          
           I
           confess
           I
           never
           was
           so
           well
           acquainted
           with
           Bracton
           ,
           as
           to
           know
           what
           secret
           meanings
           he
           had
           ,
           contrary
           to
           the
           sense
           of
           his
           words
           ,
           and
           therefore
           cannot
           tell
           how
           far
           he
           was
           from
           understanding
           that
           the
           King
           receives
           his
           Sovereign
           Power
           from
           the
           Law
           ;
           but
           I
           am
           sure
           he
           was
           not
           far
           from
           saying
           so
           ;
           for
           he
           says
           it
           in
           the
           very
           next
           words
           :
           
             Attribuat
             igitur
             
             Rex
             Legi
             quod
             Lex
             attribuit
             ei
             ,
             videlicet
             ,
             Dominationem
             &
             Potestatem
             .
          
           He
           proves
           ,
           that
           the
           King
           is
           under
           the
           Law
           ,
           and
           ought
           to
           govern
           by
           Law
           ,
           because
           he
           is
           made
           King
           by
           the
           Law
           ,
           and
           receives
           his
           Power
           and
           Authority
           from
           the
           Law
           ;
           and
           then
           adds
           what
           this
           Author
           is
           pleased
           to
           cite
           ,
           
             Non
             est
             enim
             Rex
             ,
             ubi
             dominatur
             Voluntas
             ,
             &
             non
             Lex
             :
          
           He
           is
           no
           King
           who
           governs
           by
           Arbitrary
           Will
           ,
           and
           not
           by
           Law
           ;
           that
           is
           ,
           no
           lawful
           English
           King
           ,
           Bracton
           must
           mean
           ;
           for
           still
           he
           may
           be
           a
           good
           outlandish
           and
           Assyrian
           King
           ,
           and
           no
           Tyrant
           ,
           though
           his
           Arbitrary
           Will
           does
           all
           .
           For
           our
           Author
           (
           pag.
           41.
           )
           quotes
           out
           of
           Dan.
           5.
           18
           ,
           19.
           
           That
           God
           gave
           Nebuchadnezzar
           such
           an
           Absolute
           Kingdom
           ,
           that
           
             whom
             he
             would
             he
             slew
             ,
             and
             whom
             he
             would
             he
             made
             alive
             ;
             and
             whom
             he
             would
             he
             set
             up
             ,
             and
             whom
             he
             would
             he
             pulled
             down
             .
          
           And
           I
           hope
           no
           Man
           tyrannizes
           over
           his
           People
           ,
           who
           uses
           the
           Prerogatives
           which
           God
           has
           given
           him
           ;
           tho'
           He
           does
           over
           Authors
           ,
           who
           quotes
           what
           he
           will
           ,
           and
           suppresses
           what
           he
           will
           ,
           and
           construes
           them
           how
           he
           will
           ,
           and
           renders
           
           
             Lex
             facit
             Regem
             ,
             To
             govern
             by
             Law
             ,
             makes
             a
             Sovereign
             Prince
             a
             King
             ,
             and
             distinguishes
             him
             from
             a
             Tyrant
          
           ;
           which
           will
           pass
           with
           none
           but
           such
           
             Ordinary
             Readers
          
           as
           he
           writ
           his
           Book
           for
           ,
           and
           who
           never
           saw
           Bracton
           .
        
         
           Chancellor
           Fortescue
           likewise
           says
           ,
           That
           a
           Limited
           Monarch
           receives
           his
           Power
           
             a
             Populo
             efluxam
          
           ,
           which
           unriddles
           our
           Author's
           Riddle
           in
           the
           same
           place
           ,
           How
           the
           Law
           can
           make
           the
           King
           ,
           when
           the
           King
           makes
           the
           Law
           ?
           But
           is
           it
           such
           a
           wonderful
           thing
           ,
           that
           there
           should
           be
           a
           Law
           to
           create
           a
           King
           ,
           and
           to
           enable
           him
           so
           far
           in
           the
           making
           of
           Laws
           ,
           as
           to
           make
           his
           Consent
           necessary
           to
           the
           Being
           of
           all
           future
           Laws
           ?
           Was
           it
           not
           thus
           when
           the
           Two
           Houses
           were
           erected
           ,
           and
           endowed
           with
           the
           like
           Power
           ?
           For
           our
           Author
           says
           amiss
           ,
           when
           he
           says
           ,
           
             The
             Law
             has
             no
             Authority
             ,
             but
             what
             it
             receives
             from
             the
             King
             :
          
           for
           the
           Laws
           are
           made
           
             Authoritate
             Parliamenti
          
           ,
           which
           is
           by
           the
           Authority
           of
           the
           King
           ,
           Lords
           ,
           and
           Commons
           .
        
         
         
           But
           ,
           to
           lay
           aside
           Bracton
           and
           Fortescue
           at
           present
           ,
           let
           us
           a
           little
           reason
           the
           matter
           .
           This
           Personal
           Authority
           of
           the
           King
           ,
           antecedent
           to
           all
           the
           Laws
           of
           the
           Land
           ,
           independent
           on
           them
           ,
           and
           superiour
           to
           them
           :
           whence
           is
           it
           ?
           Has
           He
           a
           Throne
           like
           God
           ?
           Is
           he
           
             of
             Himself
          
           ,
           and
           
             for
             Himself
          
           ?
           Or
           has
           he
           a
           Personal
           Authority
           from
           God
           ,
           antecedent
           to
           Laws
           ,
           to
           be
           a
           King
           ?
           Then
           shew
           a
           Revelation
           from
           God
           where
           he
           is
           named
           .
           Or
           has
           he
           the
           Natural
           Authority
           of
           a
           Father
           to
           govern
           his
           Children
           ?
           Then
           it
           must
           be
           proved
           that
           he
           has
           begotten
           his
           Three
           Kingdoms
           ,
           and
           all
           the
           People
           in
           all
           other
           His
           Majesty's
           Dominions
           ?
           Or
           has
           he
           a
           Personal
           Patriarchal
           Authority
           ,
           which
           is
           set
           up
           as
           a
           Shadow
           of
           the
           Authority
           of
           a
           Father
           ,
           whereby
           the
           eldest
           Son
           is
           his
           Father
           by
           Representation
           ?
           Then
           it
           must
           be
           proved
           ,
           that
           the
           King
           is
           the
           Eldest
           Son
           of
           the
           Eldest
           House
           of
           all
           the
           Families
           of
           the
           Earth
           .
           Or
           were
           Mankind
           made
           in
           the
           day
           of
           their
           Creation
           ,
           by
           Nations
           ,
           and
           created
           Prince
           and
           People
           ,
           as
           they
           were
           created
           Male
           and
           Female
           ?
           But
           if
           none
           of
           
           these
           things
           can
           be
           said
           ,
           then
           it
           remains
           ,
           that
           a
           Civil
           Authority
           ,
           that
           is
           ,
           a
           mutual
           Consent
           and
           Contract
           of
           the
           Parties
           ,
           first
           founded
           this
           Civil
           Relation
           of
           King
           and
           Subject
           ,
           as
           we
           see
           it
           every
           day
           does
           of
           Master
           and
           Servant
           ,
           which
           is
           another
           Civil
           Relation
           ;
           and
           that
           the
           Consent
           of
           a
           Community
           or
           Society
           ,
           is
           a
           Law
           ,
           and
           the
           Foundation
           of
           all
           Civil
           Laws
           whatsoever
           ,
           is
           proved
           beyond
           all
           Contradiction
           by
           Mr.
           
             Hooker
             ,
             Eccl.
             Pol.
          
           Lib.
           1.
           
           Cap.
           10.
           
        
         
           And
           as
           this
           Personal
           Authority
           of
           the
           King
           ,
           which
           is
           antecedent
           to
           all
           the
           Laws
           of
           the
           Land
           ,
           and
           independent
           on
           them
           ,
           is
           airy
           and
           imaginary
           ,
           and
           has
           no
           Foundation
           ,
           but
           is
           of
           this
           Author
           's
           own
           making
           :
           so
           he
           has
           been
           pleased
           to
           make
           it
           very
           large
           and
           lawless
           ;
           and
           though
           he
           be
           but
           a
           Subject
           ,
           yet
           ,
           like
           Araunah
           the
           Iebusite
           ,
           he
           gives
           like
           a
           King.
           For
           it
           is
           a
           Personal
           Authority
           Superiour
           to
           the
           Laws
           of
           the
           Land
           ,
           whereby
           all
           manner
           of
           Arbitrary
           Acts
           are
           binding
           ;
           whereby
           the
           Prince
           may
           trample
           upon
           all
           the
           Laws
           ,
           
           and
           in
           vertue
           whereof
           he
           still
           governs
           ,
           in
           the
           violation
           of
           all
           these
           Laws
           ,
           by
           which
           he
           is
           bound
           to
           govern
           :
           Whereas
           the
           Law
           of
           England
           absolutely
           denies
           that
           the
           King
           has
           any
           such
           Personal
           Authority
           .
           For
           ,
           not
           to
           mention
           King
           
           Edward's
           Laws
           ,
           Chap.
           17th
           ,
           
             De
             Officio
             Regis
          
           ,
           which
           were
           confirmed
           by
           William
           the
           Conqueror
           ,
           and
           sworn
           to
           by
           all
           succeeding
           Kings
           ;
           nor
           to
           mention
           the
           Mirror
           ,
           which
           page
           8.
           gives
           us
           a
           far
           different
           account
           of
           things
           ;
           nor
           to
           mention
           
             Magna
             Charta
          
           ,
           which
           Chap.
           37.
           says
           ,
           That
           if
           any
           thing
           be
           procured
           by
           any
           person
           ,
           contrary
           to
           the
           Liberties
           contained
           in
           that
           Charter
           ,
           
             it
             shall
             be
             had
             of
             no
             force
             or
             effect
             :
          
           So
           that
           a
           Personal
           Authority
           ,
           which
           can
           trample
           upon
           the
           Liberties
           of
           the
           Subject
           ,
           and
           violate
           the
           Laws
           ,
           is
           an
           Authority
           of
           no
           force
           nor
           effect
           ,
           a
           void
           Authority
           ,
           or
           ,
           in
           other
           words
           ,
           it
           is
           nothing
           .
           I
           say
           ,
           not
           to
           insist
           upon
           any
           of
           these
           ,
           I
           shall
           quote
           some
           passages
           out
           of
           my
           Lord
           Chancellor
           Fortescue
           ,
           where
           he
           professedly
           handles
           the
           difference
           betwixt
           
           an
           Absolute
           Monarchy
           ,
           and
           a
           Limited
           Monarchy
           ;
           and
           after
           he
           has
           shewn
           the
           different
           Original
           of
           them
           ,
           he
           thus
           proceeds
           in
           the
           13th
           Chap.
           
           
             Now
             you
             understand
             ,
             most
             Noble
             Prince
             ,
             the
             form
             of
             Institution
             of
             a
             Kingdom
             Politick
             ,
             (
             
               or
               limited
               Monarchy
            
             )
             whereby
             you
             may
             measure
             the
             Power
             ,
             which
             the
             King
             thereof
             may
             exercise
             over
             the
             Law
             ,
             and
             Subjects
             of
             the
             same
             .
             For
             such
             a
             King
             is
             made
             and
             ordained
             for
             the
             Defence
             of
             the
             Law
             of
             his
             Subjects
             ,
             and
             of
             their
             Bodies
             and
             Goods
             ,
             whereunto
             he
             receiveth
             Power
             of
             his
             People
             ;
             so
             that
             he
             cannot
             govern
             his
             People
             by
             any
             other
             Power
             .
          
           To
           whom
           the
           Prince
           thus
           answer'd
           ,
           
             in
             the
          
           14th
           Chap.
           
           
             You
             have
             ,
             good
             Chancellor
             ,
             with
             the
             clear
             light
             of
             your
             Declaration
             ,
             dispelled
             the
             Clouds
             wherewith
             my
             Mind
             was
             darkened
             ;
             so
             that
             I
             do
             most
             evidently
             see
             ,
             that
             no
             Nation
             did
             ever
             of
             their
             own
             voluntary
             mind
             incorporate
             themselves
             into
             a
             Kingdom
             ,
             for
             any
             other
             intent
             ,
             but
             only
             to
             the
             end
             that
             they
             might
             enjoy
             
             their
             Lives
             and
             Fortunes
             (
             which
             they
             were
             afraid
             of
             losing
             )
             with
             greater
             security
             than
             before
             .
             And
             of
             this
             intent
             ,
             should
             such
             a
             Nation
             be
             utterly
             defrauded
             ,
             if
             then
             their
             King
             might
             spoil
             them
             of
             their
             Goods
             ,
             which
             before
             was
             lawful
             for
             no
             Man
             to
             do
             .
             And
             yet
             should
             such
             a
             People
             be
             much
             more
             injured
             ,
             if
             they
             should
             afterwards
             be
             Governed
             by
             foreign
             and
             strange
             Laws
             ,
             yea
             ,
             and
             such
             as
             they
             peradventure
             deadly
             hated
             and
             abhorred
             ;
             and
             most
             of
             all
             ,
             if
             by
             those
             Laws
             their
             Substance
             should
             be
             diminished
             ,
             for
             the
             safegaurd
             whereof
             ,
             as
             also
             for
             the
             security
             of
             their
             Persons
             ,
             thcy
             of
             their
             own
             accord
             submitted
             themselves
             to
             the
             Governance
             of
             a
             King.
             No
             such
             Power
             for
             certain
             could
             proceed
             from
             the
             People
             themselves
             ;
             and
             yet
             unless
             it
             had
             been
             from
             the
             People
             themselves
             ,
             such
             a
             King
             could
             have
             had
             no
             Power
             at
             all
             over
             them
             .
          
        
         
           Now
           this
           Discourse
           of
           the
           Institution
           of
           a
           Political
           Kingdom
           was
           to
           shew
           the
           Prince
           of
           Wales
           ,
           that
           he
           
           ought
           to
           study
           the
           Laws
           of
           England
           ,
           and
           not
           the
           Civil
           Laws
           ,
           by
           which
           an
           English
           King
           cannot
           Govern
           ;
           whereof
           the
           Prince
           stood
           in
           doubt
           ,
           Chap.
           9.
           
           But
           now
           you
           see
           that
           Cloud
           is
           dispelled
           ,
           and
           he
           is
           convinced
           by
           this
           ,
           
             That
             a
             Political
             Kingdom
             cannot
             be
             govern'd
             by
             foreign
             and
             strange
             Laws
             ,
          
           which
           had
           signified
           nothing
           toward
           his
           Conviction
           ,
           if
           England
           were
           not
           a
           Political
           Kingdom
           .
           And
           I
           think
           there
           cannot
           be
           a
           plainer
           Comment
           upon
           those
           former
           words
           of
           Bracton
           (
           
             Lex
             facit
             Regem
             ,
             attribuat
             igitur
             Rex
             Legi
             quod
             Lex
             attribuit
             ei
             ,
             videli
             et
             ,
             Dominationem
             &
             Potestatem
             ,
          
           &c.
           )
           than
           this
           Discourse
           of
           Fortescue
           is
           .
        
         
           2.
           
           Another
           Reason
           which
           he
           gives
           why
           the
           King
           is
           Irresistible
           in
           all
           Cases
           ,
           is
           ,
           Because
           he
           is
           a
           Sovereign
           ,
           and
           it
           is
           essential
           to
           Sovereignty
           to
           be
           irresistible
           in
           all
           Cases
           .
           Which
           is
           false
           :
           For
           the
           King
           of
           Poland
           is
           a
           Sovereign
           ;
           He
           coins
           Money
           with
           his
           own
           Image
           and
           Superscription
           upon
           it
           ,
           which
           according
           to
           our
           Author
           ,
           p.
           50.
           
             is
             a
             certain
             Mark
             of
             Sovereignty
          
           ;
           and
           p.
           51.
           
             by
             the
             very
             Impression
             on
             their
             Money
             it
             
             is
             evident
             that
             he
             is
             their
             Sovereign
             Lord
          
           :
           He
           stiles
           himself
           by
           the
           same
           Grace
           of
           God
           with
           any
           King
           in
           Christendom
           ,
           and
           wears
           the
           like
           Crown
           :
           He
           assembles
           Dyets
           ;
           he
           disposes
           of
           all
           Offices
           ;
           he
           judges
           the
           Palatines
           themselves
           ,
           and
           is
           full
           of
           the
           Marks
           of
           Sovereignty
           .
           And
           yet
           he
           that
           shall
           take
           a
           
             Polish
             Peny
          
           ,
           and
           make
           such
           work
           with
           it
           as
           our
           Author
           does
           with
           the
           
             Roman
             Tribute
             money
          
           ,
           
           and
           out
           of
           it
           read
           Lectures
           either
           of
           Active
           or
           
             Passive
             Obedience
          
           in
           all
           Cases
           ,
           will
           read
           amiss
           .
           For
           ,
           in
           case
           he
           break
           his
           Coronation-Oath
           ,
           they
           owe
           him
           no
           Obedience
           at
           all
           ,
           of
           any
           kind
           ;
           for
           this
           is
           one
           Clause
           in
           it
           :
           
             Quod
             si
             Sacramentum
             meum
             violavero
             ,
             incoloe
             Regni
             nullam
             nobis
             obedientiam
             praestare
             tenebuntur
             .
          
           So
           that
           in
           case
           he
           violate
           his
           Oath
           ,
           his
           Irresistibility
           departs
           from
           him
           ,
           and
           he
           becomes
           like
           other
           Men.
           
        
         
           3.
           
           A
           third
           Reason
           is
           ,
           Because
           the
           Iewish
           Kings
           in
           the
           Old
           Testament
           ,
           and
           Caesar
           in
           the
           New
           Testament
           ,
           were
           Irresistible
           in
           all
           Cases
           .
           Now
           that
           is
           more
           than
           I
           know
           ,
           and
           I
           
           leave
           it
           to
           Divines
           to
           examine
           ,
           whether
           it
           was
           so
           or
           no
           ,
           as
           also
           to
           enquire
           why
           the
           Christians
           of
           
           Nero's
           Houshold
           did
           not
           shew
           their
           Loyalty
           in
           defending
           their
           Master
           ,
           after
           the
           Senate
           had
           pronounced
           ,
           That
           he
           was
           
             Hostis
             Humani
             generis
          
           ?
           But
           this
           I
           say
           ,
           That
           if
           they
           were
           
             thus
             Irresistible
          
           ,
           and
           if
           this
           be
           a
           good
           Argument
           here
           ,
           it
           is
           a
           good
           Argument
           in
           Poland
           ;
           and
           thither
           I
           would
           desire
           our
           Author
           to
           send
           it
           by
           the
           next
           Shipping
           ,
           for
           the
           Law
           of
           the
           Land
           has
           furnish'd
           us
           with
           those
           which
           are
           much
           better
           .
        
         
           I
           come
           now
           to
           the
           second
           Case
           ;
           which
           ,
           as
           I
           said
           before
           ,
           is
           resolved
           under
           the
           covert
           and
           countenance
           of
           the
           former
           ,
           That
           as
           well
           inferiour
           Magistrates
           ,
           as
           others
           imploy'd
           by
           a
           Popish
           or
           Tyrannical
           Prince
           in
           the
           most
           Illegal
           and
           Outragious
           Acts
           of
           Violence
           ,
           such
           as
           cutting
           of
           Throats
           ,
           &c.
           are
           as
           Irresistible
           as
           the
           Prince
           himself
           ,
           (
           under
           pretence
           of
           having
           the
           Prince's
           Authority
           to
           do
           these
           Acts
           )
           and
           must
           be
           submitted
           to
           ,
           under
           pain
           of
           Hell
           and
           Eternal
           Damnation
           .
        
         
         
           Now
           this
           Resolution
           is
           very
           false
           ;
           which
           I
           shall
           shew
           ,
           1.
           
           By
           confuting
           all
           the
           Reasons
           which
           are
           brought
           for
           it
           ;
           and
           ,
           2.
           
           By
           producing
           some
           Reasons
           against
           it
           .
        
         
           His
           Reasons
           are
           ,
           1
           st
           ,
           A
           Personal
           Authority
           in
           the
           Prince
           ,
           antecedent
           and
           superior
           to
           all
           Laws
           ,
           which
           makes
           himself
           inviolable
           ,
           tho
           he
           trample
           upon
           all
           Laws
           ,
           and
           exercise
           an
           Arbitrary
           Power
           ,
           and
           makes
           all
           others
           inviolable
           under
           him
           ,
           who
           act
           by
           this
           Authority
           .
           But
           I
           have
           shewed
           already
           ,
           that
           this
           Personal
           Authority
           is
           false
           and
           groundless
           ,
           and
           that
           the
           King
           is
           inviolable
           by
           Law
           ,
           and
           that
           this
           Prerogative
           is
           highly
           just
           and
           reasonable
           ,
           and
           can
           never
           prejudice
           the
           Subject
           ,
           for
           
             the
             King
             can
             do
             no
             wrong
             .
          
           And
           it
           is
           plain
           ,
           that
           he
           cannot
           give
           such
           an
           illegal
           and
           miscalled
           Authority
           to
           others
           ,
           if
           he
           have
           it
           not
           himself
           .
        
         
           To
           shew
           that
           the
           Authority
           ,
           to
           which
           we
           are
           bound
           to
           submit
           ,
           
             is
             not
             in
             Laws
             ,
             but
             in
             Persons
             ,
          
           tho
           acting
           contrary
           to
           Law
           ,
           he
           has
           brought
           this
           following
           Argument
           ,
           which
           is
           the
           most
           
           laboured
           of
           any
           in
           his
           Book
           .
           
           
             Nay
             ,
             it
             is
             very
             false
             and
             absurd
             to
             say
             ,
             that
             every
             Illegal
             ,
             is
             an
             Vnauthoritative
             Act
             ,
             which
             carries
             no
             Obligation
             with
             it
             .
             This
             is
             contrary
             to
             the
             Practice
             of
             all
             Humane
             Iudicatures
             ,
             and
             the
             daily
             Experience
             of
             Men
             ,
             who
             suffer
             in
             their
             Lives
             ,
             Bodies
             and
             Estates
             ,
             by
             an
             unjust
             and
             illegal
             Sentence
             .
             For
             the
             most
             illegal
             Iudgment
             is
             valid
             ,
             till
             it
             be
             revers'd
             by
             some
             Superior
             Court
             ;
             which
             most
             Illegal
             ,
             but
             Authoritative
             Iudgment
             ,
             derives
             its
             Authority
             not
             from
             the
             Law
             ,
             but
             the
             Person
             of
             him
             whose
             Iudgment
             it
             is
             .
          
        
         
           Now
           to
           use
           his
           own
           words
           ,
           this
           is
           
             very
             false
             ,
             and
             absurd
          
           all
           over
           .
           For
           1
           st
           ,
           Legal
           and
           Authoritative
           are
           all
           one
           ;
           and
           Illegal
           Authority
           is
           in
           English
           unlawful
           lawful
           Power
           .
           2
           dly
           ,
           It
           is
           not
           true
           ,
           That
           an
           Illegal
           Judgmen
           is
           valid
           ,
           till
           it
           be
           revers'd
           .
           For
           the
           Judgment
           of
           a
           Man
           to
           Death
           in
           an
           Arbitrary
           way
           ,
           either
           contrary
           to
           the
           Verdict
           of
           his
           Jury
           ,
           or
           without
           a
           Jury
           ,
           is
           not
           Authoritative
           nor
           Valid
           at
           all
           ,
           no
           not
           for
           an
           hour
           .
           But
           ,
           I
           suppose
           ,
           by
           
             Illegal
             Iudgments
          
           ,
           this
           
           Author
           means
           legal
           Judgments
           which
           have
           Error
           in
           them
           ;
           and
           if
           these
           should
           not
           be
           Valid
           ,
           and
           stand
           Good
           ,
           till
           that
           Error
           be
           found
           in
           some
           Higher
           Court
           ,
           there
           could
           not
           be
           Legal
           ,
           nor
           Illegal
           ,
           nor
           any
           Judgments
           at
           all
           ,
           but
           all
           humane
           Judicatures
           must
           come
           to
           an
           end
           .
           For
           if
           Judgment
           cannot
           be
           given
           ,
           till
           we
           have
           Judges
           who
           are
           not
           subject
           to
           Error
           ;
           the
           Laws
           must
           lie
           by
           and
           rust
           ,
           and
           there
           can
           be
           no
           Administration
           of
           Justice
           .
           3
           dly
           ,
           The
           Authority
           of
           a
           Judgment
           which
           is
           Erroneous
           ,
           is
           not
           from
           the
           Judges
           Personal
           Authority
           above
           the
           Law
           ,
           nor
           from
           his
           mistakes
           beside
           the
           Law
           ,
           but
           from
           that
           Jurisdiction
           and
           Authority
           which
           the
           Law
           has
           given
           to
           Courts
           and
           Judicial
           Proceedings
           which
           ,
           if
           they
           be
           in
           due
           Course
           o●
           Law
           ,
           are
           legal
           ,
           and
           are
           presumed
           to
           be
           every
           way
           right
           ,
           and
           as
           they
           should
           be
           ,
           and
           free
           from
           Error
           ,
           til●
           the
           contrary
           appears
           in
           some
           Highe●
           Court.
           But
           if
           the
           Judges
           in
           Westminster-Hall
           should
           use
           a
           Personal
           Authority
           superiour
           to
           Law
           ,
           in
           judging
           Men
           to
           Death
           without
           a
           Jury
           ,
           or
           in
           
           condemning
           a
           Man
           when
           his
           Jury
           acquits
           him
           ,
           or
           the
           like
           ,
           the
           Law
           having
           given
           no
           Authority
           to
           any
           such
           Proceedings
           ,
           these
           Judgments
           would
           be
           illegal
           and
           void
           ,
           and
           have
           no
           Authority
           at
           all
           .
        
         
           And
           herein
           I
           say
           no
           more
           than
           this
           Author
           himself
           has
           said
           in
           another
           place
           .
           For
           where
           he
           professedly
           lays
           down
           the
           difference
           betwixt
           an
           Absolute
           Monarchy
           ,
           and
           the
           English
           Constitution
           ,
           pag.
           208
           ,
           209.
           he
           has
           these
           words
           :
           
             An
             Absolute
             Monarch
             is
             under
             the
             Government
             of
             no
             Law
             but
             his
             own
             Will
             ,
             and
             is
             not
             ty'd
             up
             to
             strict
             Rules
             and
             Formalities
             of
             Law
             in
             the
             execution
             of
             Iustice
             ;
             but
             it
             is
             quite
             contrary
             in
             a
             Limited
             Monarchy
             ,
             where
             no
             Man
             can
             lose
             his
             Life
             or
             Estate
             ,
             without
             a
             Legal
             Process
             and
             Trial.
          
           But
           thus
           do
           men
           contradict
           themselves
           ,
           who
           write
           by
           rote
           ,
           and
           without
           considering
           things
           !
           and
           thus
           does
           their
           blind
           Passive
           Obedience
           tie
           us
           up
           to
           Impossibilities
           ,
           and
           oblige
           us
           to
           lose
           our
           Lives
           and
           Estates
           without
           a
           Legal
           Process
           and
           Trial
           ,
           where
           ,
           even
           as
           this
           Author
           
           confesses
           ,
           no
           man
           can
           lose
           them
           in
           such
           a
           way
           .
        
         
           2
           dly
           .
           Another
           reason
           why
           we
           must
           submit
           to
           Illegal
           Violence
           ,
           is
           this
           :
           
             Because
             though
             they
             have
             no
             Legal
             Authority
             for
             it
             ,
          
           
           
             yet
             we
             have
             no
             Legal
             Authority
             to
             defend
             our selves
             against
             it
             .
          
           But
           he
           himself
           has
           given
           as
           full
           an
           Answer
           to
           this
           as
           can
           be
           desir'd
           ,
           in
           these
           words
           ,
           pag.
           59.
           
           
             For
             no
             man
             can
             want
             Authority
             to
             defend
             his
             Life
             against
             him
             that
             has
             no
             Authority
             to
             take
             it
             away
             .
          
        
         
           3
           dly
           .
           We
           must
           submit
           to
           illegal
           Violence
           ,
           
           
             because
             the
             people
             cannot
             call
             inferiour
             Magistrates
             to
             an
             Account
             ,
             page
          
           191.
           
           But
           sure
           the
           People
           may
           defend
           themselves
           against
           the
           murderous
           Attempts
           of
           inferiour
           Magistrates
           ,
           without
           pretending
           to
           call
           them
           to
           an
           Account
           ,
           or
           sitting
           in
           Judgment
           upon
           them
           :
           And
           when
           they
           themselves
           are
           called
           to
           an
           Account
           for
           this
           Defence
           ,
           they
           may
           give
           a
           very
           good
           Account
           of
           it
           ,
           by
           the
           24
           H.
           8.
           cap.
           5.
           
        
         
         
           4
           
             thly
             .
             We
             must
             not
             defend
             our selves
             when
             we
             are
             persecuted
             to
             Death
             for
             our
             Religion
             contrary
             to
             the
             Laws
             of
          
           England
           ,
           
           
             because
             we
             must
             not
             defend
             our selves
             when
             we
             are
             thus
             persecuted
             contrary
             to
             the
             Laws
             of
             God
             and
             Nature
             ,
             which
             are
             as
             sacred
             and
             inviolable
             as
             the
             Laws
             of
             our
             Countrey
             .
             Answ.
          
           I
           grant
           that
           the
           Laws
           of
           God
           and
           Nature
           are
           more
           sacred
           and
           inviolable
           than
           the
           Laws
           of
           our
           Countrey
           ;
           but
           they
           give
           us
           no
           Civil
           Rights
           and
           Liberties
           ,
           as
           the
           Laws
           of
           England
           have
           done
           .
           Every
           Leige-Subject
           of
           England
           has
           a
           Legal
           Property
           in
           his
           Life
           ,
           Liberty
           ,
           and
           Estate
           ,
           in
           the
           free
           Exercise
           of
           the
           Protestant
           Religion
           established
           amongst
           us
           ;
           and
           a
           Legal
           Possession
           may
           be
           Legally
           Defended
           .
           Now
           the
           Laws
           of
           England
           in
           Queen
           Maries
           time
           were
           against
           the
           Protestants
           ,
           and
           stript
           them
           of
           this
           unvaluable
           Blessing
           ;
           and
           therefore
           ,
           tho
           they
           chose
           rather
           to
           observe
           the
           Laws
           of
           God
           and
           Nature
           ,
           than
           those
           of
           their
           Countrey
           ,
           which
           at
           that
           time
           violated
           
           both
           the
           other
           :
           yet
           withal
           they
           submitted
           to
           the
           Laws
           of
           their
           Countrey
           ,
           which
           alone
           give
           and
           take
           away
           all
           Legal
           Rights
           and
           Titles
           ,
           and
           ,
           when
           all
           is
           said
           ,
           are
           the
           only
           Measures
           of
           Civil
           Obedience
           .
        
         
           5
           
             thly
             .
             Men
             must
             not
             defend
             their
             Lives
             against
             a
             Lawless
             Popish
             Persecution
             ,
          
           
           
             when
             they
             are
             condemned
             by
             no
             Law
             ,
             because
             they
             must
             not
             defend
             their
             Lives
             when
             they
             are
             condemned
             by
             a
             wicked
             persecuting
             Popish
             Law.
             For
             such
             a
             lawless
             Persecution
             has
             as
             much
             Authority
             as
             such
             a
             wicked
             persecuting
             Law.
          
           This
           is
           manifestly
           false
           :
           For
           a
           lawless
           Popish
           Persecution
           has
           no
           Authority
           at
           all
           ,
           but
           has
           all
           the
           Authority
           of
           Heaven
           and
           Earth
           against
           it
           ;
           whereas
           a
           wicked
           Popish
           persecuting
           Law
           ,
           tho
           as
           it
           is
           wicked
           it
           cannot
           command
           our
           Obedience
           ,
           yet
           as
           it
           is
           a
           Law
           it
           may
           dispose
           of
           our
           Civil
           Rights
           .
           If
           Queen
           Maries
           Laws
           were
           no
           Laws
           ,
           because
           they
           were
           wicked
           persecuting
           Laws
           ,
           why
           were
           they
           repealed
           ?
           why
           were
           they
           not
           declared
           to
           be
           null
           from
           the
           
           beginning
           ?
           I
           know
           the
           Protestants
           in
           her
           time
           ,
           and
           in
           Queen
           Elizabeths
           time
           before
           they
           were
           repealed
           ,
           disputed
           the
           validity
           of
           them
           ,
           and
           would
           not
           allow
           them
           to
           be
           of
           any
           Force
           or
           Authority
           ,
           as
           appears
           particularly
           from
           Mr.
           Hales
           Oration
           to
           Queen
           
             Elizabeth
             ,
             Fox
             Vol.
          
           3.
           p.
           997
           ,
           978.
           
           But
           their
           Reasons
           were
           ,
           because
           the
           Parliaments
           were
           not
           legally
           constituted
           .
           Queen
           Maries
           
             first
             Parliament
             was
             of
             no
             Authority
             ,
             because
             ,
          
           as
           his
           words
           are
           ,
           
             the
             Commons
             had
             not
             their
             free
             Election
             for
             Knights
             and
             Burgesses
             :
             for
             she
             well
             knew
             ,
             that
             if
             either
          
           Christian
           men
           
             or
             true
          
           English
           men
           
             should
             be
             elected
             ,
             it
             was
             not
             possible
             that
             to
             succeed
             which
             she
             intended
             ;
             and
             therefore
             in
             many
             places
             divers
             were
             chosen
             by
             force
             of
             her
             threats
             ,
             meet
             to
             serve
             her
             malicious
             affections
             .
             Also
             divers
             Burgesses
             being
             orderly
             chosen
             ,
             and
             lawfully
             returned
             ,
             as
             in
             some
             places
             the
             people
             did
             what
             they
             could
             to
             resist
             her
             purposes
             ,
             were
             disorderly
             and
             unlawfully
             put
             out
             ,
             and
             others
             without
             any
             order
             of
             Law
             in
             their
             places
             placed
             .
             For
             the
             which
             cause
          
           that
           Parliament
           
             is
             
             void
             ,
             as
             by
             a
          
           President
           
             of
             a
          
           Parliament
           
             holden
             at
          
           Coventry
           in
           38
           H.
           6.
           appears
           ,
           And
           the
           third
           Parliament
           he
           says
           
             was
             void
             ,
             because
             the
             Writs
             of
             Summons
             were
             contrary
             to
             a
             Statute
             .
          
           Now
           these
           were
           needless
           and
           frivolous
           Exceptions
           ,
           if
           a
           wicked
           persecuting
           Law
           were
           no
           Law
           ,
           without
           any
           more
           ado
           .
           And
           I
           desire
           no
           greater
           Advantage
           in
           a
           Civil
           Question
           ,
           than
           to
           reduce
           an
           Adversary
           to
           this
           Absurdity
           ,
           of
           making
           no
           difference
           betwixt
           Laws
           and
           
             no
             Laws
          
           .
        
         
           6
           
             thly
             .
             That
             Non-Resistance
             of
             illegal
             Violence
             is
             the
             best
             way
             to
             secure
             the
             publick
             Peace
             and
             Tranquility
             ,
          
           
           
             and
             the
             best
             way
             for
             every
             man's
             private
             defence
             :
             for
             self
             defence
             may
             involve
             many
             others
             in
             blood
             ,
             and
             besides
             exposes
             a
             man's
             self
             .
          
           That
           is
           to
           say
           ,
           when
           the
           publick
           Peace
           is
           violated
           in
           an
           high
           manner
           ,
           the
           best
           way
           to
           secure
           it
           ,
           is
           quietly
           to
           suffer
           it
           still
           to
           be
           broken
           further
           ;
           a
           man's
           best
           defence
           is
           to
           die
           patiently
           ,
           for
           fear
           of
           being
           killed
           ;
           and
           when
           Murtherers
           are
           broke
           loose
           ,
           the
           only
           way
           to
           prevent
           the
           effusion
           of
           more
           
           Christian
           Blood
           ,
           is
           to
           let
           them
           alone
           .
           Now
           in
           opposition
           to
           this
           Doctrine
           I
           shall
           only
           remember
           our
           Author
           ,
           that
           if
           there
           had
           not
           been
           a
           Defence
           made
           against
           the
           Irish
           Cut-throats
           in
           
             Forty
             One
          
           ,
           though
           they
           had
           the
           impudence
           to
           pretend
           the
           King's
           Commission
           ,
           there
           had
           hardly
           been
           a
           Protestant
           left
           ,
           but
           the
           
             pestilent
             Northern
             Heresie
          
           had
           been
           throughly
           extirpated
           in
           that
           Kingdom
           .
        
         
           7
           thly
           .
           Another
           Reason
           is
           ,
           
           
             Because
             Non-Resistance
             is
             certainly
             the
             best
             way
             to
             prevent
             the
             change
             of
             a
             Limited
             into
             an
             Absolute
             Monarchy
             .
          
           Now
           this
           is
           so
           far
           from
           being
           true
           ,
           that
           ,
           on
           the
           other
           hand
           ,
           absolute
           Non-Resistance
           ,
           even
           of
           the
           most
           illegal
           Violence
           ,
           does
           actually
           change
           the
           Government
           ,
           and
           sets
           up
           an
           Absolute
           and
           Arbitrary
           Power
           ,
           in
           the
           shortest
           way
           ,
           and
           by
           the
           surer
           side
           .
           For
           a
           Prince
           ,
           whom
           the
           Laws
           themselves
           have
           made
           Absolute
           ,
           has
           thereby
           no
           more
           than
           a
           Right
           aud
           Title
           to
           an
           Absolute
           Subjection
           ;
           but
           Non
           Resistance
           puts
           him
           into
           the
           actual
           
           Possession
           of
           it
           .
           Our
           Author
           himself
           has
           made
           this
           out
           beyond
           all
           contradiction
           ;
           for
           ,
           pag.
           44.
           he
           says
           ,
           
             That
             Non-Resistance
             is
             as
             perfect
             Subjection
             as
             can
             be
             paid
             to
             Sovereign
             Princes
          
           ;
           and
           ,
           pag.
           115.
           he
           calls
           it
           ,
           
             The
             only
             perfect
             and
             absolute
             Subjection
             we
             owe
             to
             Princes
             .
          
           Now
           the
           most
           perfect
           and
           absolute
           Subjection
           that
           can
           be
           paid
           ,
           erects
           the
           most
           absolute
           Government
           that
           can
           be
           devised
           .
           For
           those
           words
           are
           of
           Eternal
           Truth
           ,
           which
           we
           read
           in
           pag.
           63.
           of
           this
           Book
           :
           
             For
             Authority
             and
             Subjection
             are
             Correlates
             ;
             they
             have
             a
             mutual
             respect
             to
             each
             other
             ,
             and
             therefore
             they
             must
             stand
             and
             fall
             together
             :
             There
             is
             no
             Authority
             ,
             where
             there
             is
             no
             Subjection
             due
             ;
             and
             there
             can
             be
             no
             Subjection
             due
             ,
             where
             there
             is
             no
             Authority
             .
          
           And
           is
           not
           this
           as
           bright
           and
           as
           evident
           a
           Truth
           :
           There
           is
           no
           absolute
           Authority
           ,
           where
           there
           is
           no
           absolute
           Subjection
           due
           ;
           and
           there
           can
           be
           no
           absolute
           Subjection
           due
           ,
           where
           there
           is
           no
           absolute
           Authority
           ?
        
         
         
           I
           shall
           now
           briefly
           run
           over
           his
           Scripture-proofs
           ,
           so
           far
           as
           they
           concern
           this
           second
           Case
           :
           For
           if
           he
           had
           multiplied
           his
           Texts
           of
           Scripture
           ,
           to
           shew
           that
           Kings
           are
           Irresistible
           ,
           I
           should
           have
           had
           nothing
           to
           say
           to
           it
           ,
           because
           the
           Law
           has
           made
           our
           King
           so
           ;
           but
           if
           the
           Law
           had
           not
           made
           him
           so
           ,
           all
           his
           Texts
           would
           never
           have
           done
           it
           ,
           as
           I
           have
           instanced
           in
           the
           Kingdom
           of
           Poland
           .
           For
           the
           Scripture
           does
           not
           erect
           
             new
             Polities
          
           ,
           as
           St.
           Chrysostom
           long
           since
           observed
           ;
           nor
           does
           the
           Gospel
           
             bar
             or
             abolish
             any
             Politick
             Laws
             ,
          
           as
           
           Luther's
           constant
           Position
           was
           ,
           which
           Bishop
           Bilson
           thought
           was
           undeniable
           .
        
         
           In
           the
           Old
           Testament
           his
           two
           Examples
           of
           Non-Resistance
           are
           ,
           David
           ,
           and
           the
           Iews
           under
           Ahasuerus
           ;
           which
           are
           the
           untowardest
           for
           his
           purpose
           that
           he
           could
           have
           pitch'd
           upon
           .
           For
           as
           for
           the
           former
           of
           them
           ,
           if
           the
           Duty
           of
           Passive
           Obedience
           may
           be
           practised
           by
           a
           Subject
           at
           the
           Head
           of
           an
           Army
           ,
           and
           if
           to
           decline
           engaging
           the
           King's
           Army
           only
           when
           it
           is
           Six
           to
           One
           ,
           
           (
           which
           always
           ,
           at
           the
           least
           ,
           was
           the
           odds
           between
           
           Saul's
           :
           
           Forces
           and
           
           David's
           )
           be
           an
           Example
           of
           Nonresistance
           ,
           I
           am
           sure
           it
           is
           such
           Passive
           Obedience
           ,
           and
           such
           Nonresistance
           ,
           as
           if
           it
           were
           acted
           over
           again
           in
           the
           Highlands
           of
           Scotland
           for
           half
           the
           time
           ,
           that
           it
           was
           in
           the
           Wilderness
           of
           Zìph
           ,
           would
           occasion
           new
           Sermons
           against
           Rebellion
           ,
           even
           in
           the
           same
           Pulpit
           where
           the
           substance
           of
           this
           Book
           was
           preach'd
           .
        
         
           The
           other
           ,
           he
           says
           ,
           
             was
             as
             Famous
             an
             Example
             of
             Passive
             Obedience
             as
             can
             be
             met
             with
             in
             any
             History
          
           ;
           
           and
           yet
           it
           amounts
           to
           no
           more
           than
           this
           ,
           That
           the
           Iews
           being
           doomed
           to
           utter
           Extirpation
           by
           a
           Law
           ,
           and
           delivered
           up
           as
           a
           Prey
           to
           their
           Enemies
           ;
           thinking
           a
           Defence
           either
           unlawful
           or
           impossible
           (
           for
           the
           Scripture
           does
           not
           say
           which
           )
           did
           look
           upon
           themselves
           as
           lost
           men
           ,
           till
           they
           afterwards
           had
           procured
           a
           Law
           ,
           which
           in
           effect
           reversed
           the
           former
           ,
           by
           publishing
           it
           to
           all
           People
           ,
           
             That
             the
             Iews
             might
             
             stand
             for
             their
             Lives
             ,
             to
             destroy
             ,
             to
             slay
             ,
             and
             to
             cause
             to
             perish
             all
             the
             Power
             of
             the
             People
             and
             Province
             that
             would
             assault
             them
             ,
             both
             little
             ones
             ,
             and
             women
             ,
             and
             to
             take
             the
             spoil
             of
             them
             for
             a
             prey
             ,
          
           Esth.
           8.
           11.
           upon
           which
           they
           made
           a
           vigorous
           and
           successful
           Defence
           against
           their
           enemies
           ,
           who
           were
           so
           hardy
           as
           to
           take
           no
           warning
           by
           this
           Law
           ,
           but
           continued
           maliciously
           resolved
           to
           destroy
           the
           Iews
           ,
           though
           they
           were
           thus
           expresly
           threatned
           that
           they
           must
           do
           it
           at
           their
           utmost
           peril
           .
           And
           may
           not
           those
           men
           then
           be
           as
           
             Famous
             Examples
             of
             Passive
             Obedience
          
           ,
           who
           ,
           if
           the
           Laws
           were
           against
           them
           ,
           would
           readily
           submit
           ;
           but
           having
           the
           Laws
           on
           their
           side
           ,
           shall
           defend
           themselves
           against
           the
           Illegal
           Violence
           of
           any
           evil
           disposed
           persons
           ,
           that
           never
           were
           ,
           nor
           ever
           could
           be
           ,
           authorized
           to
           destroy
           them
           ?
        
         
           As
           for
           St.
           
           Peter's
           Case
           in
           the
           New
           Testament
           ,
           it
           was
           the
           Resistance
           of
           Lawful
           Authority
           ,
           
           and
           therefore
           justly
           
           condemned
           by
           our
           Saviour
           .
           For
           the
           apprehending
           our
           Saviour
           was
           not
           an
           act
           of
           
             unjust
             and
             illegal
             violence
          
           ,
           as
           our
           Author
           there
           says
           ;
           but
           was
           done
           by
           proper
           Officers
           ,
           by
           vertue
           of
           a
           Warrant
           from
           the
           Chief
           Priests
           and
           Elders
           (
           the
           Lords
           Spiritual
           and
           Temporal
           among
           the
           Iews
           )
           who
           were
           aided
           by
           the
           Roman
           Guards
           for
           fear
           of
           a
           rescue
           .
        
         
           As
           this
           Author
           says
           ,
           
           
             Our
             Saviour
             is
             our
             Example
             in
             not
             resisting
             a
             Lawful
             Authority
          
           ;
           but
           what
           is
           that
           to
           the
           resisting
           of
           those
           that
           have
           no
           Authority
           ?
           And
           yet
           if
           our
           Saviour
           had
           practised
           Non-resistance
           towards
           persons
           having
           no
           Authority
           ,
           it
           had
           not
           been
           binding
           to
           us
           ,
           no
           more
           than
           his
           not
           appealing
           to
           Caesar
           hindred
           St.
           Paul
           of
           his
           appeal
           .
        
         
           In
           a
           word
           ,
           There
           is
           not
           a
           Case
           or
           a
           Text
           ,
           which
           he
           has
           argued
           from
           ,
           in
           Scripture
           ,
           which
           he
           has
           not
           perverted
           and
           abused
           .
        
         
         
           I
           shall
           answer
           the
           Arguments
           used
           in
           this
           Question
           ,
           which
           are
           taken
           out
           of
           the
           Acts
           concerning
           the
           Militia
           ,
           and
           which
           are
           mentioned
           by
           this
           Author
           ,
           p.
           111
           ,
           112.
           by
           giving
           the
           Reader
           a
           particular
           and
           distinct
           view
           of
           those
           Acts
           :
           whereby
           it
           will
           appear
           that
           we
           are
           not
           enslaved
           by
           those
           Acts
           ,
           neither
           are
           the
           Subjects
           hands
           tied
           up
           from
           making
           a
           legal
           defence
           against
           illegal
           Violence
           .
        
         
           There
           are
           three
           Statutes
           concerning
           the
           Militia
           .
           The
           first
           ,
           13
           Car.
           II.
           cap.
           6.
           which
           was
           an
           Interim
           or
           Temporary
           Provision
           till
           the
           Militia
           Act
           could
           be
           perfected
           ,
           Entituled
           ,
           
             An
             Act
             declaring
             the
             Militia
             to
             be
             in
             the
             King
             ,
             and
             for
             the
             present
             ordering
             and
             disposing
             the
             same
             .
          
           The
           second
           is
           14
           Car.
           II.
           cap.
           3.
           to
           establish
           the
           Militia
           ;
           Entituled
           ,
           
             An
             Act
             for
             Ordering
             the
             Forces
             in
             the
             several
             Counties
             of
             this
             Kingdom
             .
          
           And
           the
           third
           is
           an
           Explanatory
           and
           Supplemental
           Act
           ;
           Entituled
           ,
           
             An
             Additional
             Act
             for
             the
             better
             ordering
             of
             the
             Forces
             in
             
             the
             several
             Counties
             of
             this
             Kingdom
          
           ;
           15
           Car.
           II.
           cap.
           4.
           
        
         
           The
           two
           former
           of
           those
           acts
           have
           the
           very
           same
           preamble
           ,
           in
           these
           words
           .
           
             Forasmuch
             as
             within
             all
             his
             Majesty's
             Realms
             and
             Dominions
             ,
             the
             sole
             Supreme
             Government
             ,
             Command
             and
             Disposition
             of
             the
             Militia
             ,
             and
             all
             Forces
             by
             Sea
             and
             Land
             ,
             and
             of
             all
             Forts
             and
             Places
             of
             Strength
             ,
             is
             ,
             and
             by
             the
             Laws
             of
             England
             ,
             ever
             was
             the
             undoubted
             Right
             of
             his
             Majesty
             ,
             and
             His
             Royal
             Predecessors
             ,
             Kings
             and
             Queens
             of
             England
             ;
             And
             that
             both
             ,
             or
             either
             of
             the
             Houses
             of
             Parliament
             cannot
             ,
             nor
             ought
             to
             pretend
             to
             the
             same
             ;
             nor
             can
             ,
             nor
             lawfully
             may
             raise
             ,
             or
             levy
             any
             War
             Offensive
             or
             Defensive
             against
             His
             Majesty
             ,
             His
             Heirs
             ,
             or
             lawful
             Successors
             ;
             And
             yet
             the
             contrary
             thereof
             bath
             of
             late
             years
             been
             practised
             almost
             to
             the
             Ruine
             and
             Destruction
             of
             this
             Kingdom
             ;
             and
             during
             the
             late
             usurped
             Governments
             ,
             many
             evil
             and
             Rebellious
             
             Principles
             have
             been
             instilled
             into
             the
             minds
             of
             the
             people
             of
             this
             Kingdom
             ,
             which
             unless
             prevented
             ,
             may
             break
             forth
             to
             the
             disturbance
             of
             the
             peace
             and
             quiet
             thereof
             .
          
        
         
           This
           preamble
           consists
           of
           five
           Clauses
           ,
           of
           which
           the
           three
           first
           are
           concerning
           matter
           of
           Law
           ,
           and
           the
           two
           last
           concerning
           matter
           of
           Fact.
           
        
         
           In
           the
           first
           Clause
           there
           are
           these
           two
           things
           evidently
           contained
           .
           First
           ,
           That
           the
           Militia
           is
           in
           the
           King
           by
           Law.
           Secondly
           ,
           That
           the
           Militia's
           being
           in
           the
           King
           ,
           is
           no
           new
           Power
           ,
           but
           was
           ever
           the
           undoubted
           Right
           of
           all
           the
           Kings
           of
           England
           .
           Conclusion
           ;
           Therefore
           ,
           unless
           the
           people
           of
           England
           ,
           were
           ever
           Slaves
           under
           all
           former
           Kings
           ,
           they
           are
           not
           made
           Slaves
           by
           this
           Declaration
           .
        
         
           The
           two
           next
           Clauses
           say
           ,
           That
           both
           ,
           or
           either
           of
           the
           Houses
           of
           Parliament
           ,
           cannot
           pretend
           to
           the
           sole
           Supreme
           Government
           ,
           Command
           ,
           
           and
           Disposition
           ,
           of
           the
           Militia
           ,
           Forces
           ,
           Forts
           ,
           and
           Places
           of
           Strength
           .
        
         
           Nor
           can
           raise
           or
           levy
           any
           War
           against
           the
           King
           ;
           But
           neither
           is
           it
           here
           said
           ,
           that
           the
           King
           can
           or
           lawfully
           may
           raise
           or
           levy
           any
           War
           against
           both
           ,
           or
           either
           of
           the
           Houses
           of
           Parliament
           ,
           or
           any
           of
           his
           Liege
           Subjects
           .
        
         
           The
           two
           last
           Clauses
           are
           concerning
           matter
           of
           Fact
           ;
           in
           these
           words
           ,
           
             And
             yet
             the
             contrary
             thereof
             hath
             of
             late
             years
             been
             practised
          
           ;
           That
           is
           ,
           the
           Houses
           did
           pretend
           to
           the
           sole
           Supreme
           Government
           ,
           Command
           ,
           and
           Disposition
           of
           the
           Militia
           ,
           Forces
           ,
           Forts
           ;
           and
           did
           raise
           and
           levy
           War
           against
           the
           King.
           
        
         
           
             And
             during
             the
             late
             usurped
             Governments
             ,
             many
             Evil
             and
             Rebellious
             Principles
             were
             instilled
             into
             the
             minds
             of
             the
             People
          
           ;
           such
           ,
           I
           suppose
           ,
           as
           asserted
           the
           Militia
           to
           be
           in
           the
           Parliament
           ,
           &c.
           
        
         
         
           As
           to
           the
           Body
           of
           the
           first
           Act
           ,
           it
           is
           all
           of
           it
           either
           repeated
           in
           the
           second
           ,
           or
           else
           superseded
           by
           it
           ,
           and
           therefore
           we
           are
           next
           to
           consider
           what
           is
           enacted
           in
           the
           14
           
             th
             .
             Car.
          
           2.
           cap.
           6.
           
           And
           immediately
           after
           the
           Preamble
           before
           recited
           ,
           there
           are
           these
           Words
           .
           
             Be
             it
             therefore
             Declared
             and
             Enacted
             by
             the
             King
             's
             most
             Excellent
             Majesty
             ,
             by
             and
             with
             the
             Advice
             and
             Consent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             Commons
             in
             Parliament
             Assembled
             ,
             and
             by
             the
             Authority
             of
             the
             same
             ,
             That
             the
             King
             's
             most
             Excellent
             Majesty
             ,
             his
             Heirs
             and
             Successors
             ,
             shall
             ,
             and
             may
             from
             Time
             to
             Time
             ,
             as
             occasion
             shall
             require
             ,
             issue
             forth
             several
             Commissions
             of
             Lieutenancy
             to
             such
             Persons
             as
             his
             Majesty
             ,
             his
             Heirs
             and
             Successors
             shall
             think
             fit
             to
             be
             his
             Majesties
             Lieutenants
             for
             the
             several
             and
             respective
             Counties
             ,
             Cities
             ,
             and
             Places
             of
             England
             ,
             and
             Dominion
             of
             Wales
             ,
             and
             Town
             of
             Berwick
             upon
             Tweed
             ;
             which
             Lieutenants
             shall
             have
             full
             Power
             
             and
             Authority
             to
             call
             together
             all
             such
             Persons
             at
             such
             Times
             ,
             and
             to
             arm
             ,
             and
             array
             them
             in
             such
             Manner
             as
             is
             hereafter
             expressed
             and
             declared
             ;
             and
             to
             form
             them
             into
             Companies
             ,
             Troops
             ,
             and
             Regiments
             ;
             and
             in
             case
             of
             Insurrection
             ,
             Rebellion
             ,
             or
             Invasion
             ,
             them
             to
             lead
             ,
             conduct
             ,
             and
             imploy
             ,
             or
             cause
             to
             be
             led
             ,
             conducted
             ,
             or
             imployed
             ,
             as
             well
             within
             the
             said
             several
             Counties
             ,
             Cities
             ,
             and
             Places
             for
             which
             they
             shall
             be
             Commissionated
             respectively
             ,
             as
             also
             into
             any
             other
             the
             Counties
             and
             Places
             aforesaid
             ,
             For
             suppressing
             all
             such
             Insurrections
             and
             Rebellions
             ,
             and
             repelling
             of
             Invasions
             as
             may
             happen
             to
             be
             ,
             according
             as
             they
             shall
             from
             Time
             to
             Time
             receive
             Directions
             from
             his
             Majesty
             ,
             his
             Heirs
             and
             Successors
             ;
             And
             that
             the
             said
             respective
             Lieutenants
             shall
             have
             full
             Power
             and
             Authority
             from
             Time
             to
             Time
             ,
             to
             constitute
             ,
             appoint
             ,
             and
             give
             Commissions
             to
             such
             Persons
             as
             they
             shall
             think
             fit
             to
             be
             Colonels
             ,
             
             Majors
             ,
             Captains
             ,
             and
             other
             Commission-Officers
             of
             the
             said
             Persons
             so
             to
             be
             armed
             ,
             arrayed
             and
             weaponed
             ,
             and
             to
             present
             to
             his
             Majesty
             ,
             his
             Heirs
             and
             Successors
             ,
             the
             Names
             of
             such
             Person
             and
             Persons
             as
             they
             shall
             think
             fit
             to
             be
             Deputy-Lieutenants
             ,
             and
             upon
             his
             Majesties
             Approbation
             of
             them
             ,
             shall
             give
             them
             Deputations
             accordingly
             ;
             always
             understood
             that
             his
             Majesty
             ,
             his
             Heirs
             and
             Successors
             ,
             have
             Power
             and
             Authority
             to
             direct
             and
             order
             otherwise
             ,
             and
             accordingly
             at
             his
             and
             their
             Pleasure
             ,
             may
             appoint
             and
             commissionate
             ,
             or
             displace
             such
             Officers
             ;
             any
             thing
             in
             this
             Act
             to
             the
             contrary
             notwithstanding
             :
             And
             that
             the
             said
             Lieutenants
             respectively
             ,
             and
             in
             their
             Absence
             ,
             out
             of
             the
             Precincts
             and
             Limits
             of
             their
             respective
             Lieutenancies
             ,
             or
             otherwise
             by
             their
             Directions
             ,
             the
             said
             Deputy-Lieutenants
             ,
             during
             their
             said
             respective
             Deputations
             ,
             or
             any
             two
             or
             more
             of
             them
             ,
             shall
             have
             Power
             from
             Time
             to
             Time
             ,
             
             to
             Train
             ,
             Exercise
             ,
             and
             put
             in
             Readiness
             ;
             and
             also
             to
             Lead
             and
             Conduct
             the
             Persons
             so
             to
             be
             armed
             ,
             arrayed
             and
             weaponed
             ,
             by
             the
             Directions
             ,
             and
             to
             the
             Intents
             and
             Purposes
             ,
             as
             is
             hereafter
             Expressed
             and
             Declared
             .
          
        
         
           Here
           you
           see
           all
           is
           Regulated
           and
           Limited
           ;
           and
           the
           Lieutenancy
           have
           no
           other
           Powers
           nor
           Authorities
           ,
           nor
           can
           execute
           them
           but
           by
           the
           Directions
           ,
           and
           to
           the
           Intents
           and
           Purposes
           ,
           expressed
           and
           declared
           by
           Law.
           
        
         
           Consequently
           ,
           The
           Lieutenancy
           have
           no
           Power
           to
           raise
           Insurrections
           or
           Rebellions
           ,
           or
           to
           assist
           Invasions
           ,
           for
           that
           is
           directly
           contrary
           to
           the
           Intent
           and
           Purpose
           of
           this
           Act
           ,
           which
           is
           ,
           
             In
             Case
             of
             Insurrection
             ,
             Rebellion
             or
             Invasion
             (
             whereby
             occasion
             shall
             be
             to
             draw
             out
             the
             Militia
             into
             Actual
             Service
             )
             to
             imploy
             these
             Forces
             for
             suppressing
             all
             such
             Insurrections
             and
             Rebellions
             ,
             and
             repelling
             of
             Invasions
             ,
          
           as
           it
           is
           frequently
           repeated
           in
           this
           Act.
           
        
         
           Nor
           ,
           Secondly
           ,
           have
           they
           Power
           to
           act
           contrary
           to
           the
           Directions
           of
           these
           Acts
           ,
           as
           for
           Instance
           ,
           to
           
           search
           for
           Arms
           in
           the
           Houses
           of
           Persons
           judged
           to
           be
           dangerous
           ,
           without
           a
           Constable
           or
           Parish-Officer
           ;
           nor
           to
           search
           in
           Villages
           or
           Country-Towns
           (
           other
           than
           within
           the
           Bills
           of
           Mortality
           )
           between
           Sun-setting
           and
           Sun-rising
           ;
           nor
           have
           the
           Commissioned
           Peers
           Power
           to
           imprison
           a
           Peer
           ,
           where
           he
           is
           expresly
           excepted
           from
           that
           Penalty
           .
        
         
           The
           rest
           of
           this
           Act
           is
           spent
           in
           charging
           the
           Quota's
           and
           Proportions
           of
           Men
           and
           Arms
           ,
           in
           setling
           Pay
           for
           the
           Souldiers
           ,
           and
           in
           declaring
           what
           Powers
           and
           Authorities
           shall
           be
           executed
           in
           all
           Cases
           relating
           to
           the
           Militia
           :
           And
           to
           the
           Persons
           concern'd
           we
           leave
           them
           ,
           only
           taking
           notice
           of
           this
           Oath
           ,
           which
           is
           directed
           by
           the
           Act
           to
           be
           administred
           to
           all
           Officers
           and
           Souldiers
           in
           the
           Militia
           ,
           in
           these
           following
           Words
           .
           I
           A.
           B.
           
             do
             declare
             and
             believe
             that
             it
             is
             not
             lawful
             upon
             any
             pretence
             whatsoever
             to
             take
             Arms
             against
             the
             King
             ;
             And
             that
             I
             do
             abhor
             that
             Traiterous
             Position
             ,
             That
             Arms
             may
             be
             taken
             by
             his
             Authority
             
             against
             his
             Person
             ,
             or
             against
             those
             that
             are
             Commissioned
             by
             Him
             ,
             in
             pursuance
             of
             such
             Military
             Commissions
             .
          
           But
           ,
           as
           I
           said
           before
           ,
           neither
           are
           the
           People
           of
           England
           enslaved
           by
           this
           Oath
           .
           For
           as
           for
           the
           first
           Clause
           ,
           It
           never
           was
           lawful
           upon
           any
           Pretence
           whatsoever
           to
           take
           up
           Arms
           against
           the
           King
           ,
           for
           that
           ,
           in
           other
           Words
           ,
           is
           to
           levy
           War
           against
           Him.
           And
           as
           for
           the
           first
           part
           of
           the
           Position
           to
           be
           abhorred
           ,
           That
           Arms
           may
           be
           taken
           by
           the
           King's
           Authority
           against
           his
           own
           Person
           ,
           it
           was
           always
           Traiterous
           Non-sence
           ,
           and
           fit
           to
           go
           along
           with
           the
           other
           Proposal
           in
           the
           Oxford
           Expedient
           ,
           of
           inthroning
           the
           Name
           of
           a
           Prince
           ,
           but
           banishing
           his
           Person
           500
           Miles
           off
           under
           Pain
           of
           Death
           .
           And
           so
           the
           other
           part
           of
           the
           Position
           ,
           That
           Arms
           may
           be
           taken
           by
           the
           King's
           Authority
           against
           those
           who
           have
           received
           Authority
           from
           the
           King
           ,
           in
           the
           Execution
           of
           that
           very
           Authority
           ,
           is
           Stuff
           as
           ill
           put
           together
           as
           the
           other
           ;
           for
           it
           makes
           the
           King's
           Authority
           to
           supplant
           
           and
           destroy
           it self
           .
           And
           therefore
           the
           renouncing
           and
           abhorring
           of
           such
           Positions
           can
           never
           be
           interpreted
           to
           be
           parting
           with
           our
           English
           Liberties
           ,
           which
           having
           been
           all
           along
           preserved
           by
           our
           Ancestors
           ,
           at
           a
           vast
           Expence
           both
           of
           Blood
           and
           Treasure
           ,
           must
           needs
           be
           presumed
           to
           be
           something
           that
           was
           more
           valuable
           than
           barbarous
           Nonsence
           .
        
         
           But
           because
           there
           are
           many
           Men
           ,
           who
           (
           like
           Trouble-all
           in
           Bartholomew-Fair
           )
           take
           two
           or
           three
           Words
           under
           the
           Hand
           of
           a
           Magistrate
           to
           be
           a
           sufficient
           Warrant
           for
           any
           thing
           ,
           and
           think
           all
           to
           be
           Commissions
           which
           are
           so
           called
           ,
           whether
           they
           be
           so
           or
           no
           ,
           it
           will
           be
           necessary
           to
           take
           into
           Consideration
           this
           last
           part
           of
           the
           Oath
           ,
           and
           to
           shew
           ,
           1.
           
           What
           a
           Commission
           is
           .
           And
           ,
           2.
           
           Who
           act
           in
           Pursuance
           of
           such
           Commission
           .
        
         
           1.
           
           A
           Commission
           is
           the
           Legal
           Appointment
           of
           a
           Legal
           Person
           to
           execute
           or
           exercise
           some
           Legal
           Power
           or
           Authority
           .
           And
           therefore
           the
           first
           
           thing
           requisite
           to
           a
           Persons
           being
           Commissionated
           ,
           is
           ,
           that
           he
           be
           Legally
           appointed
           .
           So
           Dr.
           Falkner
           commenting
           upon
           this
           Clause
           of
           the
           Oath
           ,
           by
           a
           Commission
           ,
           understands
           a
           Commission
           
             regularly
             granted
             .
             Book
          
           2.
           chap.
           1.
           
           Sect.
           6.
           
           But
           though
           ,
           as
           he
           says
           ,
           that
           be
           
             the
             true
             Sense
             of
             the
             Clause
             ,
          
           yet
           it
           is
           not
           the
           whole
           Truth
           .
           For
           tho
           a
           Commission
           may
           be
           issued
           in
           due
           Form
           of
           Law
           ,
           and
           be
           regularly
           granted
           ,
           yet
           the
           Incapacity
           or
           Disability
           of
           a
           Person
           to
           receive
           a
           Commission
           ,
           or
           the
           Illegal
           Powers
           of
           the
           Commission
           it self
           ,
           may
           render
           it
           void
           .
        
         
           2.
           
           The
           next
           thing
           requisite
           to
           a
           Persons
           being
           Commissionated
           is
           ,
           that
           he
           be
           a
           Legal
           Person
           .
           For
           First
           ,
           a
           Person
           may
           be
           uncapable
           by
           Law
           of
           being
           Commissionated
           ;
           as
           he
           that
           was
           not
           a
           Natural-born
           Subject
           of
           England
           ,
           was
           uncapable
           of
           being
           an
           High-Commissioner
           .
           Or
           Secondly
           ,
           A
           Person
           may
           be
           disabled
           by
           Law
           from
           having
           a
           Commission
           ,
           by
           being
           convicted
           of
           some
           Offence
           against
           the
           Laws
           ,
           which
           is
           punished
           by
           such
           a
           
           disability
           .
           Or
           3
           dly
           ,
           Which
           we
           may
           likewise
           refer
           to
           this
           Head
           ,
           a
           Person
           may
           be
           unqualified
           by
           Law
           ,
           to
           execute
           a
           Commission
           ,
           or
           act
           by
           Virtue
           of
           it
           ,
           till
           he
           have
           perform'd
           some
           Condition
           required
           by
           Law
           :
           As
           for
           Instance
           ,
           till
           he
           have
           taken
           his
           corporal
           Oath
           for
           the
           due
           and
           impartial
           Execution
           of
           the
           Trusts
           committed
           to
           him
           ;
           or
           as
           in
           the
           Militia-Act
           every
           Lieutenaut
           ,
           Deputy-Lieutenant
           ,
           Officer
           and
           Souldier
           remains
           unauthorized
           till
           he
           have
           taken
           the
           Oath
           .
           For
           in
           all
           these
           Cases
           ,
           where
           the
           Law
           says
           no
           Man
           shall
           be
           enabled
           or
           impowered
           ,
           he
           is
           not
           impowered
           .
        
         
           The
           third
           Requisite
           to
           a
           Person
           's
           being
           Commissionated
           ,
           is
           ,
           that
           he
           be
           appointed
           to
           execute
           or
           exercise
           some
           Legal
           Power
           and
           Authority
           .
           No
           Man
           can
           be
           commissioned
           to
           exercise
           Powers
           which
           are
           Illegal
           and
           Arbitrary
           ,
           and
           which
           the
           Law
           says
           shall
           not
           be
           exercised
           .
           And
           therefore
           all
           such
           Commissions
           are
           null
           and
           void
           ,
           that
           is
           ,
           they
           are
           no
           Commissions
           .
           As
           for
           Instance
           ,
           Letters
           Patents
           ,
           or
           Commissions
           to
           erect
           a
           
           Court
           with
           such
           Powers
           and
           Authorities
           as
           the
           High
           Commission
           Court
           had
           ;
           or
           because
           we
           are
           speaking
           of
           Military
           Commissions
           ,
           a
           Commission
           for
           Proceedings
           by
           Martial-Law
           ,
           contrary
           to
           the
           Laws
           and
           Franchises
           of
           the
           Land.
           
        
         
           The
           next
           thing
           is
           to
           consider
           ,
           when
           a
           Man
           acts
           in
           Pursuance
           of
           his
           Commission
           .
           And
           First
           ,
           It
           is
           plain
           that
           he
           does
           not
           act
           by
           Virtue
           nor
           in
           pursuance
           of
           his
           Commission
           ,
           who
           exceeds
           the
           Legal
           Powers
           and
           Authorities
           of
           his
           Commission
           .
           For
           in
           those
           Acts
           he
           is
           not
           authorized
           and
           impowered
           ,
           but
           acts
           of
           his
           own
           Head.
           Secondly
           ,
           Much
           less
           does
           he
           act
           in
           pursuance
           of
           his
           Commission
           ,
           who
           acts
           quite
           contrary
           to
           the
           Intents
           and
           purposes
           of
           his
           Commission
           .
           As
           for
           Instance
           ,
           he
           who
           in
           case
           of
           Insurrection
           ,
           Rebellion
           or
           Invasion
           is
           Commissionated
           to
           lead
           &
           imploy
           the
           Militia
           for
           the
           suppressing
           such
           Insurrection
           ,
           or
           Rebellion
           ,
           or
           for
           repelling
           such
           Invasion
           ,
           if
           instead
           of
           this
           he
           himself
           shall
           raise
           an
           Insurrection
           or
           Rebellion
           ,
           or
           assist
           an
           Invasion
           ,
           
           he
           pursues
           his
           Commission
           to
           Death
           ,
           and
           acts
           in
           direct
           opposition
           to
           the
           end
           for
           which
           the
           Law
           has
           impowered
           him
           ,
           and
           does
           that
           which
           he
           neither
           is
           ,
           nor
           can
           possibly
           be
           authorized
           to
           do
           .
        
         
           But
           because
           no
           Commission
           can
           be
           given
           ,
           no
           Power
           can
           be
           granted
           ,
           no
           Authority
           can
           be
           entrusted
           with
           any
           Person
           ,
           but
           may
           be
           unfaithfully
           discharged
           ,
           yea
           though
           men
           be
           sworn
           to
           the
           due
           and
           impartial
           Execution
           of
           it
           ;
           it
           may
           be
           made
           a
           Question
           ,
           Whether
           Legal
           Powers
           and
           Authorities
           which
           are
           not
           duly
           and
           truly
           and
           impartially
           executed
           ,
           are
           Authoritative
           ,
           and
           consequently
           must
           be
           submitted
           to
           ?
        
         
           To
           which
           it
           must
           be
           Answered
           ,
           That
           a
           trust
           is
           inseparable
           from
           an
           Office
           or
           Commission
           ,
           and
           that
           no
           Legal
           Power
           or
           Authority
           can
           be
           so
           cautiously
           regulated
           ,
           but
           that
           still
           something
           that
           is
           within
           the
           Compass
           of
           that
           Power
           and
           Authority
           ,
           must
           be
           left
           to
           the
           Honesty
           and
           Integrity
           of
           him
           that
           executes
           it
           .
           Only
           it
           is
           the
           Perfection
           of
           the
           English
           
           Laws
           ,
           whereby
           they
           have
           preserved
           the
           Franchise
           of
           the
           Land
           ,
           that
           they
           have
           left
           very
           little
           to
           the
           Discretion
           of
           those
           who
           are
           intrusted
           with
           the
           Execution
           of
           them
           ,
           but
           in
           all
           Cases
           have
           secured
           the
           main
           .
           As
           where
           they
           have
           left
           Fines
           at
           the
           Will
           of
           the
           King
           ,
           still
           it
           is
           
             Salvo
             Contenemento
          
           .
           But
           where
           the
           Law
           has
           expresly
           intrusted
           a
           Commissioner
           with
           the
           exercise
           of
           some
           Power
           ,
           while
           he
           acts
           within
           the
           Bounds
           and
           Limits
           of
           his
           Authority
           ,
           there
           he
           is
           to
           be
           submitted
           to
           ,
           though
           he
           should
           exercise
           that
           Power
           amiss
           .
           As
           for
           instance
           in
           this
           Act
           ,
           
             The
             said
             respective
             Lieutenants
             and
             Deputies
             ,
             or
             any
             three
             or
             more
             of
             them
             ,
             shall
             have
             Power
             to
             hear
             Complaints
             ,
             and
             examine
             Witnesses
             upon
             Oath
             ,
             (
             which
             Oath
             they
             have
             hereby
             Power
             to
             Administer
             )
             and
             to
             give
             Redress
             according
             to
             the
             Merits
             of
             the
             Cause
             ,
             in
             matters
             relating
             to
             the
             execution
             of
             this
             Act.
             
          
           Now
           if
           they
           do
           not
           faithfully
           discharge
           this
           Power
           ,
           nor
           give
           Redress
           according
           to
           the
           Merits
           of
           the
           
           Cause
           ,
           a
           Man
           must
           even
           put
           his
           Complaint
           in
           his
           Pocket
           ,
           till
           he
           can
           have
           legal
           Redress
           elsewhere
           .
           This
           Act
           likewise
           inables
           the
           Lieutenants
           ,
           or
           any
           two
           or
           more
           of
           their
           Deputies
           ,
           to
           warrant
           the
           seizing
           of
           all
           Arms
           in
           the
           Possession
           of
           any
           Person
           ,
           
             whom
             the
             said
             Lieutenants
             or
             any
             two
             or
             more
             of
             their
             Deputies
             ,
             shall
             judg
             Dangerous
             to
             the
             Peace
             of
             the
             Kingdom
             .
          
           Now
           if
           they
           shall
           abuse
           this
           Power
           ,
           which
           is
           for
           securing
           the
           Peace
           of
           the
           Kingdom
           ,
           to
           the
           disarming
           the
           Loyalest
           and
           Best
           Subjects
           the
           King
           has
           ;
           and
           will
           not
           restore
           these
           Arms
           to
           the
           Owners
           again
           ,
           (
           nor
           they
           be
           able
           to
           recover
           them
           by
           Replevin
           )
           it
           cannot
           be
           help'd
           ;
           nor
           indeed
           is
           it
           of
           very
           great
           Importance
           ,
           because
           they
           may
           buy
           more
           .
           But
           ,
           as
           I
           said
           before
           ,
           where
           the
           Property
           or
           Liberty
           or
           Lives
           of
           the
           Subject
           are
           concern'd
           ,
           this
           very
           Act
           has
           been
           careful
           to
           secure
           them
           ;
           so
           as
           to
           forbid
           searching
           for
           Arms
           in
           the
           Night-time
           (
           unless
           within
           the
           Bills
           of
           Mortality
           ,
           Cities
           ,
           &
           Market-Towns
           )
           and
           every
           where
           has
           required
           
           it
           to
           be
           done
           with
           a
           Parish-Officer
           ;
           whereby
           both
           the
           Persons
           and
           Goods
           of
           the
           Subject
           are
           least
           exposed
           .
        
         
           It
           has
           likewise
           been
           careful
           to
           provide
           ,
           
             That
             neither
             this
             Act
             ,
             nor
             any
             matter
             or
             thing
             therein
             contained
             ,
             shall
             be
             deemed
             ,
             construed
             or
             taken
             to
             extend
             to
             the
             giving
             or
             declaring
             of
             any
             Power
             for
             the
             transporting
             of
             any
             of
             the
             Subjects
             of
             this
             Realm
             ,
             or
             any
             way
             compelling
             them
             to
             march
             out
             of
             this
             Kingdom
             ,
             otherwise
             than
             by
             the
             Laws
             of
             England
             ought
             to
             be
             done
             .
          
           And
           yet
           some
           Men
           ,
           I
           cannot
           say
           have
           deemed
           and
           taken
           ,
           but
           I
           am
           sure
           have
           wickedly
           construed
           this
           Act
           to
           extend
           much
           farther
           ,
           even
           to
           a
           Power
           of
           destroying
           the
           Liege
           Subjects
           of
           this
           Realm
           ,
           and
           marching
           them
           out
           of
           the
           World
           ,
           otherwise
           than
           by
           the
           Laws
           of
           England
           ought
           to
           be
           done
           .
           But
           this
           last
           Proviso
           has
           sufficiently
           confuted
           all
           such
           mischievous
           Doctrine
           .
        
         
           Where
           is
           Arbitrariness
           then
           ?
           It
           is
           excluded
           .
           By
           what
           Law
           ?
           Even
           by
           the
           Imperial
           Law
           ,
           or
           Law
           of
           the
           
           Prerogative
           :
           For
           though
           the
           Power
           of
           the
           Sword
           is
           declared
           in
           these
           Acts
           to
           the
           full
           ,
           yet
           they
           have
           taken
           care
           to
           prevent
           all
           such
           dangerous
           Mistakes
           ,
           as
           if
           thereby
           those
           that
           are
           Commissionated
           by
           the
           King
           had
           any
           Power
           of
           transporting
           his
           Liege
           Subjects
           ,
           or
           compelling
           them
           to
           march
           out
           of
           the
           Kingdom
           ;
           and
           much
           less
           have
           they
           any
           Power
           to
           destroy
           them
           at
           home
           ,
           as
           both
           
             Magna
             Charta
          
           ,
           and
           the
           Petition
           of
           Right
           ,
           3
           Car.
           intituled
           ,
           A
           Declaration
           of
           divers
           Rights
           and
           Liberties
           of
           the
           People
           to
           the
           King
           's
           most
           Excellent
           Majesty
           ,
           do
           fully
           declare
           .
        
         
           Now
           I
           would
           fain
           know
           wherein
           those
           who
           transport
           the
           King's
           Liege
           Subjects
           ,
           without
           any
           Power
           to
           transport
           them
           ,
           differ
           from
           Kidnappers
           ?
           or
           those
           that
           destroy
           them
           ,
           without
           any
           Power
           to
           destroy
           them
           ,
           differ
           from
           Murderers
           ?
           And
           surely
           the
           People
           of
           England
           have
           a
           Legal
           Right
           ,
           and
           several
           Legal
           ways
           ,
           to
           rescue
           themselves
           from
           Kidnappers
           and
           Murderers
           ,
           without
           pretending
           to
           the
           Command
           of
           the
           Militia
           !
        
         
         
           But
           though
           the
           last
           mentioned
           Proviso
           was
           twice
           Enacted
           ,
           yet
           comes
           the
           Pulpit
           Law
           and
           utterly
           repeals
           it
           (
           as
           it
           does
           the
           13
           th
           of
           Eliz
           .
           )
           and
           says
           the
           Subjects
           of
           England
           must
           be
           Compelled
           ,
           and
           shall
           be
           Compelled
           to
           march
           out
           of
           the
           Kingdom
           ,
           if
           those
           that
           are
           Commissionated
           by
           the
           King
           shall
           think
           fit
           .
           For
           though
           these
           have
           no
           Power
           to
           Compel
           ,
           yet
           the
           Subjects
           of
           England
           are
           bound
           in
           Conscience
           to
           know
           their
           Duty
           and
           their
           Drivers
           ,
           and
           to
           supply
           this
           lack
           of
           Legal
           Power
           by
           the
           inward
           Impulses
           of
           their
           own
           Spiritual
           ,
           and
           never-failing
           Passive
           Obedience
           ;
           and
           must
           either
           go
           out
           of
           the
           Kingdom
           upon
           this
           Occasion
           ,
           or
           go
           to
           the
           Devil
           for
           their
           wicked
           and
           rebellious
           Refusal
           .
           It
           likewise
           repeals
           all
           the
           Legal
           Limitations
           ,
           which
           have
           ascertained
           Penalties
           for
           the
           several
           Offences
           committed
           against
           the
           Laws
           .
           As
           for
           Instance
           in
           this
           Act
           ,
           whereas
           the
           Law
           says
           ,
           
             That
             the
             chief
             Commissioned
             Officer
             upon
             the
             place
             may
             imprison
             Mutineers
             ,
             &
             
             such
             Souldiers
             as
             do
             not
             their
             Duties
             ,
             and
             shall
             and
             may
             inflict
             for
             Punishment
             for
             every
             such
             offences
             any
             Pecuniary
             Mulct
             ,
             not
             exceeding
             five
             Shillings
             ;
             or
             the
             Penalty
             of
             Imprisonment
             without
             Bail
             or
             Mainprise
             ,
             not
             exceeding
             twenty
             Days
             .
          
           The
           Doctrine
           of
           Passive
           Obedience
           makes
           nothing
           of
           these
           Legal
           Restrictions
           ,
           and
           says
           ,
           that
           Men
           must
           submit
           to
           perpetual
           Imprisonment
           ,
           or
           to
           be
           hanged
           for
           such
           Offences
           ,
           or
           for
           no
           Offence
           at
           all
           ,
           if
           those
           that
           are
           Commissioned
           will
           have
           it
           so
           .
        
         
           I
           humbly
           submit
           it
           to
           the
           Wisdom
           of
           our
           Legislators
           when
           they
           shall
           be
           assembled
           in
           Parliament
           ,
           Whether
           they
           will
           endure
           to
           have
           all
           their
           Laws
           thus
           used
           ,
           and
           suffer
           them
           to
           be
           put
           into
           a
           Bottomless
           Bag
           (
           as
           the
           Poets
           say
           Iupiter
           disposes
           of
           Lovers
           Vows
           )
           of
           a
           boundless
           and
           endless
           passive
           Obedience
           .
        
         
           But
           because
           some
           Men
           have
           moved
           another
           Question
           ,
           Who
           shall
           be
           Judg
           when
           there
           is
           an
           Insurrection
           ,
           Rebellion
           or
           Invasion
           ?
           and
           consequently
           ,
           
           whether
           there
           be
           occasion
           or
           not
           ,
           according
           to
           Law
           ,
           to
           imploy
           the
           Militia
           ,
           and
           to
           draw
           them
           forth
           into
           Actual
           Service
           ?
           it
           is
           fit
           to
           say
           something
           to
           it
           .
           To
           which
           I
           answer
           ,
           That
           the
           Law
           has
           judged
           already
           ,
           and
           determined
           the
           matter
           to
           our
           hands
           ;
           and
           all
           English-Men
           know
           as
           well
           ,
           as
           if
           they
           had
           the
           Opinion
           of
           all
           the
           Judges
           ,
           that
           going
           peaceably
           to
           Market
           ,
           or
           to
           their
           Parish-Church
           ,
           is
           neither
           Insurrection
           ,
           Rebellion
           ,
           nor
           Invasion
           .
           But
           I
           have
           long
           since
           observed
           ,
           that
           those
           who
           would
           inslave
           Men
           ,
           either
           under
           an
           implicit
           Faith
           ,
           or
           a
           blind
           Obedience
           ,
           are
           very
           pert
           in
           putting
           such
           Questions
           ;
           
             The
             Scripture
             is
             the
             Rule
             of
             Faith
             ,
             but
             who
             shall
             be
             Iudge
             of
             the
             sense
             of
             it
             ?
          
           And
           when
           you
           have
           once
           allowed
           them
           that
           point
           of
           an
           Absolute
           Judg
           ,
           then
           presently
           an
           Apple
           shall
           be
           an
           Oyster
           ,
           Bread
           shall
           be
           Flesh
           and
           Blood
           and
           Bones
           ,
           Pig
           shall
           be
           Pike
           ,
           and
           a
           Dog
           shall
           be
           a
           Catawimple
           .
           Now
           ,
           I
           humbly
           conceive
           ,
           there
           is
           no
           need
           at
           all
           of
           constituting
           a
           Judg
           to
           resolve
           that
           
           the
           Barbar's
           Bason
           is
           not
           
           Mambrino's
           Helmet
           ,
           when
           none
           but
           a
           Madman
           who
           is
           bent
           upon
           seeking
           Adventures
           ,
           and
           is
           ready
           to
           pick
           Quarrels
           with
           all
           Mankind
           ,
           will
           say
           it
           is
           .
        
         
           As
           to
           the
           third
           Act
           concerning
           the
           Militia
           15
           Car.
           2.
           c.
           4.
           
           I
           shall
           only
           take
           notice
           of
           one
           Clause
           of
           Indemnity
           in
           these
           Words
           .
           
             And
             it
             is
             further
             declared
             and
             enacted
             ,
             That
             all
             and
             every
             Person
             and
             Persons
             which
             since
             the
             five
             and
             twentieth
             day
             of
             March
             ,
             one
             thousand
             six
             hundred
             sixty
             and
             two
             ,
             have
             acted
             or
             done
             any
             thing
             in
             the
             dismantling
             of
             any
             Cities
             or
             Towns
             ,
             or
             demolishing
             of
             Walls
             and
             Fortifications
             thereof
             ,
             or
             relating
             thereunto
             ,
             shall
             be
             ,
             and
             are
             hereby
             indempnified
             and
             saved
             harmless
             .
          
           Now
           this
           was
           long
           after
           the
           Militia
           had
           been
           declared
           to
           be
           in
           the
           King
           ,
           &
           yet
           these
           Persons
           having
           exceeded
           their
           Legal
           Powers
           ,
           stood
           in
           need
           of
           an
           Indemnity
           by
           Act
           of
           Parliament
           :
           which
           had
           bin
           vain
           ,
           if
           the
           King's
           Command
           ,
           or
           their
           own
           Commission
           would
           have
           justified
           them
           ,
           and
           born
           them
           out
           in
           it
           .
        
         
         
           I
           come
           now
           in
           the
           2
           d
           place
           to
           produce
           some
           Reasons
           to
           prove
           the
           Lawfulness
           of
           defending
           our selves
           against
           Illegal
           Violence
           ;
           which
           is
           a
           Truth
           so
           obvious
           and
           so
           agreeable
           to
           the
           common
           sense
           of
           Mankind
           ,
           that
           even
           those
           Men
           who
           set
           themselves
           to
           oppose
           it
           ,
           do
           oftentimes
           assert
           it
           unawares
           ,
           and
           give
           unanswerable
           Reasons
           for
           it
           .
           I
           shall
           therefore
           first
           set
           down
           those
           Concessions
           which
           the
           Force
           of
           Truth
           has
           extorted
           from
           this
           Author
           ,
           and
           2
           dly
           add
           some
           other
           Arguments
           to
           them
           .
        
         
           1
           
             st
             .
             No
             Man
             wants
             Authority
             to
             defend
             his
             Life
             against
             him
             who
             has
             no
             Authority
             to
             take
             it
             away
             .
          
           p.
           69.
           
           
             But
             no
             Man
             whatsoever
             has
             any
             just
             and
             legal
             Authority
          
           (
           that
           is
           ,
           any
           Authority
           at
           all
           )
           
             to
             take
             it
             away
             contrary
             to
             Law.
          
           p.
           190
           ,
           191.
           
           And
           from
           these
           premises
           it
           is
           easy
           for
           any
           Man
           to
           infer
           the
           Conclusion
           .
        
         
           2dly
           .
           
             He
             that
             resists
             the
             Vsurpations
             of
             Men
             ,
             does
             not
             resist
             the
             Ordinance
             of
             God
             ,
             which
             alone
             is
             forbidden
             to
             be
             resisted
             .
          
           But
           
             Acts
             of
             Arbitrary
             and
             Illegal
             Violence
             are
             the
             Vsurpations
             of
             Men.
          
           Therefore
           ,
           &c.
           
        
         
         
           These
           again
           are
           our
           Author's
           Doctrines
           ,
           the
           former
           p.
           128.
           l.
           15.
           the
           other
           p.
           211.
           l.
           11.
           as
           likewise
           212.
           l.
           22.
           he
           acknowledges
           ,
           that
           the
           assuming
           of
           an
           Absolute
           and
           Arbitrary
           power
           in
           this
           Kingdom
           would
           be
           Vsurpation
           ;
           tho
           he
           says
           at
           the
           same
           time
           
             that
             no
             Prince
             in
             this
             Kingdom
             ever
             usurped
             such
             a
             Power
             :
          
           which
           is
           notoriously
           false
           :
           for
           Richard
           the
           2
           d
           by
           name
           did
           ,
           not
           to
           mention
           any
           other
           .
        
         
           3
           dly
           .
           A
           3
           d
           Argument
           which
           this
           Author
           furnishes
           us
           withall
           ,
           is
           this
           ,
           p.
           164
           ,
           165.
           
           
             The
             Reason
             why
             we
             must
             submit
             to
             Governours
             ,
             or
             Subordinate
             Magistrates
             ,
             is
             ,
             because
             they
             are
             sent
             by
             our
             Prince
             ,
             and
             act
             by
             his
             Authority
             ;
             and
             we
             must
             never
             submit
             to
             them
             in
             opposition
             to
             our
             Prince
             .
          
           Now
           nothing
           is
           better
           known
           in
           this
           Kingdom
           ,
           than
           that
           those
           who
           commit
           Illegal
           Violence
           ,
           do
           not
           act
           by
           the
           Princes
           Authority
           ;
           for
           ,
           as
           our
           Author
           says
           ,
           p.
           190.
           he
           himself
           
             has
             no
             just
             nor
             legal
             Authority
             to
             act
             against
             Law
          
           ;
           and
           therefore
           we
           need
           not
           submit
           to
           them
           in
           such
           Acts.
           Nay
           ,
           farther
           ,
           according
           to
           this
           Author
           ,
           
             we
             must
             
             never
             submit
             to
             them
          
           in
           this
           Case
           
             because
             they
             are
             in
             opposition
             to
             our
             Prince
          
           ;
           for
           they
           act
           against
           the
           Peace
           of
           our
           Soveraign
           Lord
           the
           King
           ,
           his
           Crown
           ,
           and
           Dignity
           ;
           as
           the
           Law
           has
           evermore
           interpreted
           such
           Acts.
           
        
         
           4
           thly
           .
           Our
           Author
           ,
           p.
           126.
           has
           these
           Word
           .
           
             Every
             Man
             has
             the
             Right
             of
             Self-Preservation
             ,
             as
             intire
             under
             Civil
             Government
             ,
             as
             he
             had
             in
             a
             state
             of
             Nature
             .
             Vnder
             what
             Government
             soever
             I
             live
             ,
             I
             may
             still
             kill
             another
             Man
             ,
             when
             I
             have
             no
             other
             way
             to
             preserve
             my
             Life
             from
             unjust
             Violence
             by
             private
             Hands
             .
          
           Now
           the
           Hands
           of
           subordinate
           Magistrates
           ,
           imployed
           in
           acts
           of
           Illegal
           Violence
           ,
           are
           private
           Hands
           ,
           and
           armed
           with
           no
           manner
           of
           Authority
           at
           all
           ;
           of
           which
           this
           is
           a
           most
           convincing
           Proof
           ,
           That
           they
           may
           be
           hanged
           by
           Law
           for
           such
           Acts
           ,
           which
           no
           Man
           can
           or
           ought
           to
           suffer
           for
           what
           he
           does
           by
           Authority
           .
           They
           are
           no
           Officers
           at
           all
           in
           such
           Acts
           ,
           for
           Illegal
           Violence
           is
           no
           part
           of
           their
           Office.
           
        
         
         
           This
           is
           sufficient
           to
           shew
           ,
           that
           this
           Author
           holds
           so
           much
           Truth
           ,
           as
           would
           have
           led
           him
           to
           his
           own
           Conviction
           ,
           if
           he
           had
           but
           attended
           to
           the
           immediate
           consequences
           of
           it
           ,
           instead
           of
           blending
           it
           with
           a
           great
           many
           Falshoods
           :
           and
           after
           he
           has
           answered
           his
           own
           Arguments
           ,
           I
           shall
           desire
           him
           to
           do
           as
           much
           for
           these
           which
           follow
           .
        
         
           1.
           
           No
           Man
           can
           authorize
           himself
           .
           But
           in
           acts
           of
           Illegal
           Violence
           if
           a
           subordinate
           Magistrate
           have
           any
           Authority
           at
           all
           ,
           he
           must
           authorize
           himself
           .
           For
           it
           is
           a
           Contradiction
           to
           say
           the
           Law
           authorizes
           him
           to
           do
           an
           Illegal
           Act
           ,
           as
           our
           Author
           well
           observes
           p.
           195.
           and
           it
           is
           as
           false
           to
           say
           ,
           that
           the
           King
           who
           can
           do
           no
           wrong
           ,
           can
           authorize
           another
           to
           do
           it
           .
           In
           the
           great
           Conference
           of
           the
           Lords
           and
           Commons
           ,
           3
           o
           Caroli
           ,
           concerning
           the
           Contents
           of
           the
           Petion
           of
           Right
           ,
           
           the
           Law
           was
           held
           to
           be
           ,
           
             That
             if
             the
             King
             command
             a
             Man
             to
             do
             Injury
             to
             another
             ,
             the
             Command
             is
             void
             ,
          
           &
           Actor
           fit
           Author
           ,
           
             and
             the
             Actor
             becomes
             
             the
             Wrong-doer
             .
          
           That
           is
           ,
           he
           acts
           of
           his
           own
           Head
           ,
           and
           authorizes
           himself
           .
        
         
           2
           dly
           .
           The
           Illegal
           Violence
           of
           Subordinate
           Magistrates
           cannot
           be
           more
           Irresistible
           ,
           only
           by
           being
           more
           Criminal
           than
           it
           is
           in
           other
           Men
           ;
           for
           that
           would
           be
           to
           make
           a
           Man's
           Crime
           to
           be
           his
           Protection
           .
           But
           Illegal
           Violence
           done
           by
           subordinate
           Magistrates
           ,
           is
           not
           only
           as
           inauthoritative
           ,
           as
           if
           it
           were
           commited
           by
           private
           persons
           ,
           but
           likewise
           more
           criminal
           ;
           as
           being
           done
           with
           a
           face
           and
           colour
           of
           Authority
           ,
           and
           under
           pretence
           of
           Law
           ,
           making
           that
           partaker
           of
           their
           Crime
           ,
           violating
           and
           blemishing
           the
           Law
           at
           once
           .
        
         
           I
           might
           multiply
           such
           Arguments
           ;
           but
           if
           this
           Author
           will
           please
           to
           give
           a
           full
           and
           clear
           Answer
           to
           these
           only
           ,
           I
           here
           promise
           to
           be
           of
           his
           Opinion
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A46961-e910
           
             Pag.
             196
             ,
             197
             ,
             &c.
             
          
           
             Pag.
             196.
             
          
           
             Page
             54
             ,
             55
             ,
             &c.
             
          
           
             Pag.
             193
             ,
             194
             ,
             195.
             
          
           
             Page
             192.
             
          
           
             Page
             191.
             
          
           
             P.
             200.
             
          
           
             ●age
             202.
             
          
           
             Page
             205
             ,
             206.
             
          
           
             Page
             212.
             
          
           
             Pag.
             32.
             
          
           
             Pag.
             41.
             
          
           
             Pag.
             61.
             
          
           
             Page
             79.
             
          
           
             Ephemeris
             Parliam
             .