Bibliotheca politica:
OR AN
ENQUIRY
INTO THE
Antient Constitution
OF THE
ENGLISH GOVERNMENT,
With Respect to the just Extent of the Regal
Power, and the Rights and Liberties of the
Subject.
Wherein all the Chief Arguments both for and against
the LATE REVOLUTION, are Impartially
Represented and Consider'd.

In Fourteen DIALOGUES.
Collected out of the best Authors, Antient and Modern.
By James Tyrrell Esq
1694

HAVING out of Curiosity, for some Years before, I as well as since, the late wonderful and happy Revolution, carerolly perus'd, for the Satisfaction of 1 ihy own Conscience, all Treatises of any Value that have been pUblifh'd concerning the Origin and Rights of Civil Government; as well of Monarchy as other kinds of it, and also concerning the antient Government and fundamental Constitutions of this Kingdom: I found it necessary, in order to the better fetaining of what I had read, and making a more certain Judgment upon it, to write down the most considerable Arguments on both sides, as well of those who will have Monarchy to be Jure Divino, as of those who allow it only to Government in general; of those who maintain absolute Subjection, or Passive-Obedience as they call it, as well as of those who hold Resistance in some Cases to be necessary; of those that maintain our Monarchy to have been limited by the Constitution it self, and of those that suppose all our Rights and Liberties, nay, the very Being of Parliaments, to owe their Origin wholly to the gracious Concession and Favour of our former Kings.

Having made impartial Collections of this Nature, and shew'd them to some Persons of Judgment, they thought they might be of great Use for satisfying some Mens Doubts concerning lawful Obedience to their late Majesties King William and Queen Mary. These Gentlemen look'd upon it as the best and most ingenuous way of convincing the Scrupulous, to propose the Arguments fairly on both sides, without interposing my own Judgment; but leaving it to the intelligent and impartial Reader, to embrace that Side where he found the most rational and strongest Arguments.

This Task, tho troublesome enough, I was prevail'd with to undertake, not for the fake of Fame, but merely for the publick Good and Happiness of my Country.

Being also sensible that a Subject of this importance deferv'd a great deal of pains, and to be handled in a more artificial Method than the old dry Scholastick Way of Objection and Solution; I thought it would prove more pleasant as well as profitable to the Reader, espedally those of our young Nobility and Gentry, for whom I principally design'd this Undertaking, to digest what I had writ into Dialogues or Conversations, suppos'd to be held betwixt two intimate Friends, who, notwithstanding their different Principles in Politicks, had always maintain'd a strict and generous Correspondence. I was the more inclin'd to this Method, because I observ'd that writing of Controversies by way of Dialogue, according to true Rules, had obtain'd well among intelligent Readers; and because my Subjects are of a nice nature, and that my Collections contain strict Inquiries into the Principles laid down in the Writings of several Persons of great Reputation for Learning and Ingenuity.

I was sensible how invidious a Task it must prove to write on purpose against so many Great Men; and how troublesom and tedious it would be to my self, as well as to the Reader, to confute any Author Page by Page; which Method, I perceiv'd, had made Answers to Books very unacceptable to the World. And tho I grant that writing by way of Dialogue has likewise Objectionrand Difficulties, as being more diffusive, and taking up more time, where either the one or the other Disputant is apt to rove from the Subject; yet I make bold to affirm, that this may be in a great measure prevented by the Writer, if he keep close to the Question, and not start a fresh Hare till the old one is run down. So that a Man may make and answer Objections in as few Words this way, as by Polemical Discourses. And tho it be granted, that Matters of Form in Dialogues are more tedious, yet the Reader, as well as Traveller, will find, that the Pleasantness of the Road often makes amends for its being somewhat about.

Whether I have truly pursued the Rules of Dialogue, must be left to the Reader's Judgment; but I can justly affirm, that I have carefully avoided all bitter and reflecting Language on either side, having design'd these Discourses for common Places of Argument, and not Forms of Railing. I have also declin'd shewing my self a Party, or giving my own Opinion in any Question, and therefore have not made either of my Disputants the other's Convert; tho nothing is more easy in writing Dialogues as well as Romances, than to make the Knight Errant always beat the Giant.

In all my Discourses I have considered and contracted the best Arguments I could find in the most considerable antient and modern Authors, either in Latin or English, especially in those that have writ on either side since the late Revolution. As for those in our own Language, wherever I conceiv'd any Author to speak so well, or to argue so closely, that to put it in other Words would make it worse; I have always put the Arguments of both the Disputants in their own Words: and because I would not act the Plagiary, have truly quoted the Book and Page from whence I, took them. For other Authors, I hope none will take it ill, if I have sometimes made bold to contract their Arguments, without altering their Sense or Words further than by putting in or out an Expression to make the Stile run more smooth. I also desire them not to think that I write on purpose to confute them, since my Design is not to write against any Man's Opinions, as they are his, but only to examine them freely, in order to an impartial Discovery of the Truth. And since some of them have been perhaps too commonly and favourably received by our ordinary Gentry and Clergy, if any ingenious Person will take upon him farther



to assert or vindicate any Opinion here question'd by the one or the other Disputant, and will clearly and fairly shew me where any Argument might have been put more home, or any Objection more solidly answer'd; I shall, inltead of taking it amiss, give him my thanks for his pains, and do here promise to insert all, or at least the Substance of his Arguments under their proper Heads with all due Acknowledgments: only I desire him, whoever he be, to forbear all harsh Reflections and coarse Language •, otherwise he must pardon me if I only take notice of his Reasons, and neglect his Passions.

I hope no candid Reader will flight those Dialogues, which treat of Opinions that at present may seem to be of fashion, viz, the Divine Right of Monarchy, and Succession from the Patriarchal Power given by God to Adam; for every one remembers the time when our Pulpits and Presses would scarce suffer any other Doctrine to be preach'd or published on those Subjects. It fares with some Political Opinions as with Fashions, which are never so generally receiv'd and worn, as when they have been in vogue at Court. Those Divines and Lawyers, who were the Inventors or new Vampers .of them, commonly receivM the greatest Rewards and Preferments: so that as the CourtTaylors did with FalhionSj they invented such Doctrines and Opinions as were most burdensom and uneasy to all sorts of People, except a few Great ones, who were to be Gainers by them.

I desire it may be observ'd, that however odd or unreasonable these Doctrines may seem to most Men now, yet certainly they must formerly have seem'd to carry a great Appearance of Truth, since they were able to captivate the Reason or the major part of both Houses of Convocation in the beginning of King James the First's Reign, when by several of their Canons they declarM them to be the only sure Foundations of all Civil Authority, and of Obedience to it; as appears by the Treatise, call'd Bishop Overall Convocation-Book. And tho neither King nor Parliament thought fit to give those Canons the Stamp of Civil Authority, and make them Law, yet this did not hinder several of the Learned Clergy and Laity from embracing those Opinions; such as Sir Robert Filmer, and his Vindicator Mr. Bohun, and the Reverend and Learned Bishop Sanderson, with divers others of Note* whose Arguments I have made use of and considered in some of these Dialogues, but with as little Reflection as possible, since I know what is due to the Memory of such Great and Worthy Persons. This was the reason why I only made use of the initial Letters of their Names, or the Titles of their Books, in the Margin; which are explain'd by an Index at the beginning of this Work, as they were at the beginning of each Dialogue in the first Edition: what is not so mark'd, I desire the Reader to look upon the Words, hot the Sense, to be my own; for I don't pretend to be an Inventor of new Notions in Politicks, there being no Man more sensible than my self of that bid LatinSentence, Nihil dicJum quod non dictum frius.

Tho the Title of the first Dialogue mentions no more than the discussing of the Question, whether Monarchy be of Divine Right, yet the natural Power of Fathers, Masters of Families, and Freemen, are distinctly treated of, and closely enquired into, as being the first Elements or Principles of all Civil Powers, as those alone out of which at first they could be regularly made: And tho I have made one of the Disputants argue pretty stiffly against theDivine Right of Monarchy, and of Indefeasible Hereditary Succession to Crowns; yet I de



clare I am not what the World calls a Republican or Commonwealths-Man, nor do I hereby design or desire Alterations in the Government either of Church or State, since none can admire our excellent Constitution more than my self: much less do I prefer an Elective to. an Hereditary Succession to the Crown, for I justly esteem the latter to be the most excellent, if not the only means to prevent all Disputes and Civil Wars about Succession; and therefore is never to be departed from, unless when some Natural or Moral Disability in the Person, or other unavoidable Necessity, render it absolutely inconsistent with the publick Peace and Safety of the Kingdom.

Therefore as a Man may be truly devout without Superstition,which is a Corruption or Abuse of Religion; so I think a Subject may be truly Loyal and Obedient to his Prince, tho he has never heard  or does not believe any Divine Right of Monarchy deriv'd from Adam and Noah; or of Hereditary Succession, from God's Promise, That Cain should rule over Abel. Nor have I any Aversion to Absolute Monarchy as such, could I be assur'd that Princes would be always as wise and as good as they ought to be, for I own that several Nations have never been more happy than under such Monarchs, The Roman Empire, for instance, never arrived to a greater height of Riches and Power, if we may believe Historians, than under Nerva, Trajan, and the two Antonines: So that the Fault is not in Absolute Monarchy as such, but in the general Corruption of human Nature, which rarely produces Persons of such Wisdom, Goodness, and other Abilities, as are requisite for so great a Trust.

I confess Subjects may be happy and contested enough, if they please, under any Form of Government, yftitxfiine/.M^vetn^jaff of equal Capacity and Hbneftj^'a^haye. i%rftoJti&iM Cojiqern for rife commrki Good" of their P^ple ^ J,tnk wnere fcae^are w'anfo ing- it is not Wre Fotsiis and e.mpty Karros thaj; can's make th'cpj* lo: "Thereforfe I justly. avdmire jfhe 'tylfitpp^tf: tfaj f^ie'nt German and1Gothick Nations, who prefers a LimitedMonarchy ' to all otJbeff Forms of Government;( as an excellent Medium "between the Mis. chiefs of ArbitraryPowet, and those Inconveniencies that attend. Republicks, where either the common People or Nobility must govern

I likewise Hope, that tho I make One of my Disputants shew the. Absurdity arid fatal Consequences of SirRobert Filmer's Principles, yet the Reader will not from thence infer, that I pass an absolute Judgment against them; much less have I done this out of any prejudice ro Sir Robert, with whom tho I was never, acquainted j I honour his. Memory, because his Writings shew him to have been a Person of genteel Learning, and very ingenious: B\lt whether his Principles be .destructive to the Fundamental Constitution (of this Government, I submit to the Reader's impartial Judgmerit; who" I hope will, without Attachment to Party or. Faction,., determine according to the Merits of the Cause, and observe the Apostle's Rule, to try a/2 things, and hold fastthat which is good. I beg the Reader likewise to believe, that tho under the Name of a Freeman I have argued against an Opinion . now and lately much iji Vogue,> tviL. 'Tbai .ad absolute hrejistibility is an inseparablePrerogative"of alt. Sovereign Pomns, be they Monarchies or Commonwealths; yet no, Man more abhors all' unnecessary^ Resistance or Rebellion against Supreme Magistrates, and; is, more-for an Absolute Submission by all particular Persons, whether, publick or private, in Base of the highest Injuries and Opprcsliohs

done done to themselves akine, and where die eomuion Good of the Community is not. immediately concern'd: And this I own to be their Duty* not only out of a generous Regard to the Peace and Tranquillity of the Commonwealths whereof they are Members, (and .whish, ought not to be disturb'd,■. to revenge or redress a few private Injuries) but also frelri the expressl Command of God in the. Holy Scrips ture., which'; expeesty forbids not only all Revenge, but even Selfge&ncei whilst the Supreme Pow«rs.aft legally, tho perhaps contrary £0>,:|jbe, st.rift.Rmks of(Justice and Equity in such particular Cafes. Yet Tor all this, I doubt whether those Precepts do extend to all Resistance wbattff er, via. ofi any whole Nation or great- Body of Men, W^oÆi Preseiivation or Freedomi from intolerable Slavery and Oppreffiqnytnay reodisu; it necessary for the Goodi of the Commonwealth, ajftt&.js no: other way. tor be procur'd but.by a vigorous Resistance, Pf. ejife joining, with: some powerful Neighbours, who shall intefpose fo$.;f£)$k Deliverance So that if such a Resistance be ever lawful, ifi/cafa ba up(Mlmi'les9 momentous an account, than that of a General immfim either- jof the Lives, Liberties, Religion, or Properties of a wliote«.Qr- ittajoc part of a. Nation; as they are established'by the Law ojfiNatww, lourjthe Fundamental Constitution of those particular Govfir*mestts; where :fucb iihsupportable Tyranny and Oppressions are tben;i«xerfcJ&d«i I Andlifiitliisbe not lawful in such extraordinary Cafes', ifeityf^iljiifeWi'fisJif God had! prefers' the unjust Potter or -Force, and tty^Wtf&GrvidtMritot.the Governors,before the Go&A xn& HtppitUss  ttyt'Gwitktsntd?< 1vhich:.iiLcontrary'tothe mmn End ^of-ailCivilGpiY,errtmentv^'«^;theiatoBpnGorodr.and Happiness-of Mankind, even

A B«ft: whether ssildi/Resistanceito. not in [these Ca&si SkHvfu!,- nat MeMrtif<^\the Safeg^d: and!jM £fai fiipi»ijilkaYO it'jtxa'tbœ Jiy^mentx)gtiie.'in««fl>-^^i'n- ••'


ground, if it appears in its true natural Dress against its Opposite, Error. But if a great deal of what has been said, by Persons too vio* lent on either side, appear to be mere precarious Opinions, whose best Authority is from the great Names of those that have broach'd' them j I hope no indifferent Person will take it ill, if I endeavour to discover those Mistakes, since all Men are liable to Errors: and as none can be more sensible of this than my self, so when either o£ those Learned Persons, or any other, shall convince me of weak or false Reasonings, I promise to retract them with the first Opportunity.

As to my Discourses upon the Supreme Legiflative Power, and the Fundamental Constitution of our Government, together with the Antiquity of Great Councils or Parliaments; and whether they always consisted of Bishops, Barons or Temporal Lords, and Commons; is a Question to be decided only from the Histories and Laws of the Nation. And I dare assure the Reader, that I have advane'd nothing upon it on either side, but what I have produe'd good Authorities for, either from the Histories and Governments of our own or neighbouring Nations, or from the Collections of our English Saxon Laws, and antient as well as modern Writers upon our Laws; and lastly, from our Statutes since the reputed Conquest, without omitting any Authority that I judged material to be urged on either part.

As for those Parliamentary Records here quoted, they are either such as have been already printed from the Rolls in the Tower, or other Offices at Westminster, and so are allow'd for authentick, or else are such as have not yet been made publick; for the Truth of which, the Reader may search the Records themselves, if he have anv Distrust that I have not quoted them fairly. And I can farther assure the Reader, from better Judgments than my own, that he will find more here than ever was yet publisli'd at once, or perhaps at all, upon those important Subjects.

As to the sixth Dialogue, I must own the Subject of it to be one of the hardest and most important, tho perhaps in the Judgment of / some, the dryest and most unpleasant part of my Task, w*. to adjust

who were antiently the constituent Parts or Orders of Men that made up our Legiflative Assemblies. That the Bishops, Abbots, Priors, Earls, and chief Thanes or Barons, were principal Members, is granted by all Parties; but whether there were from the very Original of these Great Councils, or till long after the coming in or the Nor>mans, any Representatives for the. Commons, as we now call them,

in distinction from the Lords Spiritual and Temporal, is made a question. The first who raised the Doubt, for ought I can find, was Poly dor e Virgil, an Italian, who wrote the History of England in the sixteenth Century, and it hath been continued by some Antiquaries since that time: tho the first who undertook to prove the contrary, was the Author of a Treatise publisli'd by James Howtl in the Cottoni Pofihama, under the Name of Sir RobertCotton, about 1654. And after him, this Notion of the Bishops, Lords, and other Tenants in capite, being the sole Representative for the whole Nation in those Councils, was next printed in the second part of Sir Henry Spelman'sGlossary, Tit. Parliamentum; where King jf<?£*'s Charter is brought as the mam • Argument to prove that Assertion. The next who appeared in Print

on this Subject was Sir William Dugdale in his Origints Juridiciales j who, tho he transcribed the same Notion and Arguments from Spelman's



Glossary ; yet he.allows our Commons to have been always some way represented in Parliament, tho not by Members of their own chusing : notwithstanding: which, he agrees with the Author of the Passage in the Glossary, that the Commons first began by Rebellion in the 49th of Henry III. "•.

• Which Opinions being look'd upon not only as novel and erroneous, but dangerous to the fundamental Rights and Liberties of the People of this Nation, they were oppos'd by William Petit Esq; in his Treak tile, intitled, The Right?of. the Commons of England asserted, &c. He was seconded by the AuEhor of the Treatise, call'd, "JaniAnglorum sides mva.- Soon after both those Books were animadverted upon by Dr# Br*djy. in two Editions of .his Anfwersto them; but the Rights of the Commons were again vindicated by the Author of Jani Anglorum, kc.in another Treatise, intitled, Jus Anglorum ah antiquo, which has not yet been answer'd.

I have been the more particular in my Account of those Authors, because this Controversy being largely debated in them, T thought it proper, for saving the trouble of reading so many Books, to reduce all the material Arguments and Authorities madd use of by both Parties, in this weighty Controversy', into this and the two following Dialogues; and have, as near as I could, confin'd my self to the words * of those Authors, as will appear by the Quotations in the Margin.

I must own, that having had a long and familiar Acquaintance with Mr. Petity he furnish'd me with divers Authorities both in Manuscript and Print, not hitherto taken notice of by any Writer on this Subject. And had Dr.Brady, or any of his Friends, thought fit to communicate their Objections against any thing I have writ, I should have fairly publish'd them, with such Answers as the Cafe might have requir'd.

I hope the Reader wjill pardon me, if I seem too prolix in the Interpretation of divers Words and Phrases, us'd. by Dr. Brady and his Opponents in a quite different Sense frpm pur antie'nt Historians, Records, and Statutes ;1for if the various Use and equivocal Meanings of those Expressions be truly, stated and laid open, according to the several Ages in which those'Authors liv'd, or luch Laws were made, I reckon this great Dispute, will soon be atan end.

I think it needless to insist upon ,th^ Nature of the other Dialogues. The Design of them is" obtfious, from the summary Account of the Subject prefix'd to them ; so that all I stiall add, is, that in each of them, as well as the former, there are many incident Questions handled of Law, History, and Divinity, that relate naturally to the Subject. The Reader will easily find this, by consulting the large Alphabetical Index annex'd to this Edition, which makes it a compleat Common-place Book for understanding our Constitution: a thing hitherto very much wanted, and not to be met with, but by consulting multitudes of Books, at no small Expence both of Mony 0 and Time. »

r Ar can assure the Reader, that all the Authorities here made use of from Historians and Records, are truly cited, without leaving out or concealing any thing that I thought made for or against either Opinion. And as for the Records, they are either such as having been sufficiently try'd, have pass'd for authentick betwixt Dr. Brady and his Antagonists, or else such as I my self have seen and examin'd, and consider'd the Purport of them, carefully. If any suspect the contrary,


I have given them a fair Opportunity, by my Quotations, to examine the Truth of it themselves; so that by weighing and comparing Historian with Historian, and Record with Record, and sometimes both together, as the Subject-Matter requires, they may be able tQ make a right and impartial Judgment of the whole.

I hope that the Arguments, in all the following Discourses, will prove ib plain and convincing to careful and unprejudic'd Readers, that they may as easily discover the Truth, as an honest and unbiass'd Jury-Man can, at a Trial, judge on which side the Right and Justice of the Cause inclines, upon the bare hearing of Evidence on both fides, even before the Court hath summ'd it up. But on which side soever the Reader brings in his Verdict, I heartily wish that God may direct his Mind, and guide his Judgment to find out and embrace the Truth; which as it was the only end of my writing at first, is now the end of republifhing these Dialogues: which, since the principal Subject of them has again so lately been controverted, not only by the Pen, but by the Sword, 'tis hop'd may be of use to settle the Minds of People, who to their Cost have been so frequently misled, because they did not understand our Constitution.

An Alphabet! c1 A t1 G A T A Logue of the LETTERS, by which the Names and Books of Authors are denoted in the Margin of the following Dialogues*

B. A. A. T"\R- Brady's Answer to Mr. Cook's Argumenturn Anti-Norman* \_J nicum.

B- A. J. Dr. Brady's Animadversions on J<tni Anglorum fades nova.

B. A P. Dr. Brad/s Answer, Edit, in Folio, to Mr. Petit's antient Rights

of the Commons of England. B. C P. Bohun's Conclusion to Sir Robert Filmer's Patriarcbd. B O. F. Bohun'sDefence of Sir Robert Fiimer.

B. G. Dr. Brady's Glossary at the end of his Answer to Petit's antient

Rights of the Commons.
B. P. H. Dr. Brady's
Preface to
his History,
B. P. P. Bohun's
Preface to
Patriarcha.

B-
S. P. P. Bishop Sanderson's
Preface to
the Potter of the Prince.
D.O. G. Filmer's
Dire ft ions for Obedience to Governors.
F. A. M. M. Sir Robert
Filmer's
Anarchy of Mix'd or Limited Monarchy.
F. D. O. Sir Robert
Filmer's
Directions
to Obedience.
F. F. G. J. Fiimer1 s Freeholders Grand Inquest.
F. O. G. Sir Robert
filmer's
Observations
on Forms of Government.
F. O. G. Sir Robert
Fiimer s Observations on Grotius
De Jure Belli 8c
Pacis.

F. P. Sir Robert Filmer's Patriarcha,

F. P. O. Sir Robert Filmer's Preface to Observations on Aristotle.

F. P. O. Sir Robert Filmer's Preface to his Political Observations,

G. J. B. Grotius de Jure Belli & Pacis.

H.
D. L. Harmony of Divine Law.
H. J. Dr. Hickes's
Jovian.

H. P. O. History of Pafftve-Obedience.

H.S.B. R. Heylinh Stumbling-Block of Rebellion, Folia

H. T. M. Hunton's Treatise of Monarchy.

J. A. A. Jus Anglorum ab Antiquo.

T. E.MG. Dr. Johnston's Excellency of Monarchical Government.

jP Estranges Obfervators. P. J. N. Pujfendorf de Jure Nature dr Gentium. P. N. M. Patriarcha non Monarcha.

P. P. R. Q Petit's Preface to the Rights of the Commons of England asserted. P. R, Plato Redivivm.

P.R;C.

P.
R. C. Pern's Antient
Rights of the Commons o/England
asserted.
R. H. C. Rujbworth's
Historical
CoUeclions.

S.C.R. Dr. Sherlock's
Cafe of Resistance.

S. P. P. Bilhop Sanderson's Preface to Archbishop Vjber's Power of the * Prince.

T.T.
G. Two Treatises of Government.
V. J. R. VindicU
Jurit Regii.

U.S.A.S.
Mr. Dudley Diggs's Unlawfulness of Subjects taking up Arms
i against their Sovereign, Edit.
i6tf*


THE

C O N T E NTS

« ■ r

Of the Ensuing

DIALOGUES

DIALOGUE t;
H E THE R Monarchy be Jure
Divino. . pagt £

DIAL. n.

Whether there can be made out frdm the Natural, or ReveaPd
Law of God, any Succession to Crowns by Divine Right. $0

D t A L. ITT.

Whether Resistance of the Supreme Power, by a whole Nation, or People, in Casts of the last Extremity, can bejustiffdby the Law of Nature, dr Rules of the Gospel.

D I A L. IV.

 \ • .j ■ t

Whether absolute Non-Resistance of the Supreme Powers be enjoined by the Doftrine of the Gospel, and, was theantient Practice of the Primitive Church, and the constant Docirine of our Reformed Church of England.

153

DIAL. V;

Whether the Kjng be the sole Supreme Legislative Power of the KJhgdom  And whether our Great Councils, orParliaments, be a fundamental Part of the Govtrnment, or else proceeded from the Favour and Concessions offormer Kjngs. 214 DIAL. VI, VII.

Whether the Commons of England, represented by Kflights, Citizens, and 
Burgesses in Parliaments were one of the Three Estates in Parliament, 
before the t^th of Henry III. or \%th of Edward L 26% 

DIAL. vin. 

A Continuation of the former Discourse, concerning the Antiquity of the 
Commons in Parliament; wherein the best Authorities for it are proposed 
and examined: With an Entrance upon the Question of Non-Resistance. 

391 

DIAL. IX. 

- r • 

Whether by the ant lent Laws and Constitutions of this Kingdom, as well as 

bj the Statutes of the iph and 14th of Kjng Charles H. ail Resistance of 

the Kjng, or of those commissioned by him, are expresty forbid upon any 

Pretence whatsoever. 

And also, whether all those who assisted his Majesty Kjng William, 

either before or after his coming over, are guilty of the Breach of this 

Law. 442 

D I A L. X. 

I. Whether A Kjng of England can ever faB. from, or forfeit his Royal 

Dignity for any Breach of an Original Contract, or wilful Violation of the 

Fundamental Laws of the Kjngdom. 

tL Whether Kjng William, the Norman, did by his Conquest acquire such 

an absolute unconditional Right to the Crown of this Realm for himself and 

bis Heirs, as could never be lawfully resisted or forfeited for any Male-Ad- 

ministration or Tyranny whatever*'. 498 

DIAL. XL 

 

j. in what fense all Civil Power is derived from God, and in what fense it may 

be also from the People. 

JL Whether his Majesty Kjng William, when Prince of Orange, had 4 
just Cause of War against Kjng James H. 

IU. Whether the Proceedings of his Majesty, before he was Kjng-, as 
also of the late Convention, in refpelf of the said Kjng James, is justi- 
fiable by the Law of Nations, and the Constitution of our Government. 

555 

DIAL, XII. 

I. Whether the Vote of the late Convention, wherein they declared the Throne 

to be vacant, can be justiffd from the antient Constitution and Customs of 

this Kjngdom. 

II. Whether the said Convention, declaring Kjng WiHiam and Queen Mary 

to be Lawful and Rightful Kjng and Queen of England, may be justi- 

fied by the said Constitution. 

III. Whether the Aft passed in the said Convention, after it became a Par- 

liament, whereby Roman Catholick Princes are debarred from succeeding 

to the Crown, was according to Law. 603 

DIAL.


DIAL. XIII. 

I. Whether an Oath of Allegiance may be taken to a Kjng or Queen de Facto, 
or for the time being. 

II. What is the Obligation of such an Oath; whether to an aclual Defence of 

their Title against all Persons whatsoever, or else to a bare Submission to 

their Power. 

III. Whether the Bishops, who refused to take the Oath of Allegiance to 

their Majesties, could be lawfully deprived of their Bishopricks. 651 

DIAL. XIV. 

Shewing, that the Arraigning and Murder of Kjng Charles I. can by no 

means be justified by the Proceedings of the Convention-Parliament against 

Kjng James II. upon his Abdication; the Grounds and Manner thereof 

being wholly different: Proved by an exact Relation of the Beginning, 

Progress, and ljsueof the late Civil War. 698 

l.T! 1. * 1 3.


Bibliotheca politica:
OR AN
ENQUIRY
INTO THE
Antient Constitution
OF THE
ENGLISH GOVERNMENT,

DIALOGUE I.

Whether Monarchy be Jure Divino..

'•.T;!l# E T W E E N .-.

Mr. Freeman, a Gentleman; and Mr. Meanwell, , J ;„ ..r .a Civil Lawyer:

Supposed to be immediately upon the late King J A M E S's first Departure.

[graphic]

i&i9» OOD morrow, Sir: What! at your Study thus early this ^ eSS0SXSSXSSJ!8». Morning.

is no wonder, if you were acquainted with ; |> my Hours: But pray, Sir, may I not likewise ask you what ||9* extraordinary Occasion brings you out of your Lodgings so much sooner than your ordinary Time?

F. Why, Sir, I ll tell you. Being awake very early this • Acj Morning, and not able to sleep for thinking on the great Change that might happen, let either the King or Prince get the better ; and hearing some odd Rnmours last Night of the King's Intentions to go away : I was resolved to get up, and go to the Coffee-house, to hear what News where I had- scarce sac down, before a Gentleman comes in from Whitehall, and brings Bs -a certain Account, that the King withdrew himself this Morning between three and four of <he Clock, no Body knows whither, (tho' most believe he is gone after the Queen into France) which I thought would be so surprizing (I will not say welcome) to you, that being so near your Lodgings, I thought it would *. i B be be worth while to step up, and tell you of it, and take your Thoughts of this great (and I hope happy) Change, which fa great a Revolutionas likely to produce in this Nation.

M- I thank you, Sir, for your Kindness, tho' it is not half an Hour ago, that one I employ in some Business relating to a Client of mine, came hither, and gave me the fame account, tho' it was no great Surprize to me; for ever since Sunday, that the King sent the Queen and Prince away, I believ'd that he gave the Game

for lost. N , % - v v. ..

F. I must confess I was' of another* Mindj andthapght, that when he.ha"d secured the Quceh arid Child, he would have had onefJJrush with the Princebfcfcbre he could have got to London; and if he had had the worst of it, he could have out gone away at last. But to leap away on this manner, and to lose three Kingdoms without ever striking one stroll »is -hbtpl confess, suitable to that high Character his Admirers have always had of his Courage and Conduct. 'M> Alits! gootfTCTng : What woTfldVCu havetWl^do? Or Whom courkkbe rely orip/when some^of his nfir Relatjionsf'and difbrs cf those he hadr)w#d

almost 'from notJfihgfc-had dWerted hrm~?" How (Souks he thejptruit an AœijJrbs Mercenaries, who being most of them but the Dregs of the People, would, it is likely, rather have delivered him up tcrthecPrince5.-than have ventured their Lives for him.

jp. What you have said concerning -his.Majesty's Relations and Confidents^deserting him, makerather against thai^for the King's Cause'i since it cann^bpsupposed they would have left a Prince to whom they were so much obliged;- Co join themselves with his Enemy, from whom they.had no reason to expect greater Advantages than they had already ; unless they had been satisfied in their Consciences, that the Protestant Religion eftablish'd in these Nations, and also our Civil Rights and Liberties, were in imminent danger of being utterly lost and destroyed. Awd^tho' I grant that some of the King ^Officers arid Soldiers went over to the Prince; yet, considering how few they werethafe-did so, not being (as I am credibly informed) above seven or eight hundred Men at the most, and what great Numbers ofMeir he lull left wiili him; he-arighty-Tnctfamfa; haveturned out those Officers he suspected, and put others in their rooms, who would have engaged to live and die fvflt'h htfij; and if thi* would* not have done, he might have sent those RegimeWs h'e most suspected back to~h>ndon : And then reckoning the Scotch and Irish Forces that came lately over, besides the Papists he had in his Army, and those, who, having rhof e Courage than Conference, could never expect to fight for a Prince, who we-uld pay them better: I am confident (if this had been done) he might, after the going over of those few Troops, have made up as good* if not a better Arrriy than the Prince's; and so need not have scampered last Week from Salisbury in that haste he did, whilst the Enemy was near fifty Miles off. But asitis, lam very well satisfied withnaflthat hath happen'd in this great Revolution, and convinced of the Truth of that old Saying, Quos perdere vult Jupiter,dement at prim.

M. So far I go along with you, that God doth often make use of the Wickedness and Treachery of Men, to bring his great Designs about; but whether Gcd hath ordained this great Revolution, as you call it, for a Deliverance or Punishmentto this Nation, I am yet in doubt: For if you please to consider how much those tWo Causes have contributed to this turn of Affairs, I suppose, if yon argue according to my Principles, we must own, that tho' this Change hath happen'd by God's permissive Providence (as all things else, tho' never so ill) yet whether he doth approve of all that hath been done to procure it, I much doubt; since if divers of our Nobility, with some of our Clergy, had not quitted their Doctrines of Passive Obedience and Noh-Resistance, so long owned by the Church of England, this Revolution could not have happen'd at all, or at least not so suddenly, as if did : So that -indeed I must confess, I am not only grieved at his Majesty's hard Fortune, but also stand amazed, and cannot but reflect with wonder on the strange Vicissitude of worldly Affairs, to fee a Great King, who but last Week commanded a powerful Army of more than forty thousand Men, forced out of his Throne, and made to fly his Kingdom, by a Prince that did not bring half that Number into the Field. And who can sufficiently bewail the King's Misfortunes, who hath been at once betrayed by the ill Advice of his Counsellors, the Treachery of his Friends, and the Cowardice of his Soldiers?

F. Methinks, Sir, there is no such great Cause of Wonder, much less of Concern in all this: For who can much admire that a Prince should be thus used,who had not only provok'd a powerful Enemy to invade him from abroad, but (by industriously labouring to introduce Popery and Arbitrary Government at Home) had lost the Hearts of almost all, except his Popish Subjects; insomuch that many of his own Soldiers were so terrified with the Thoughts of being discarded (like the Protestant Army in Ireland) to make room for Irish and French Papists, that they had very little Courage to fight, when they saw Cashiering was the best Reward they, could expect, if they proved victorious. And who can much pity a Prince, who would rather lose the Affections of his People, than displease a few Priests and Jesuits: So that if he suffers, he may thank himself; it not being Religion, but Superstition which brought this Misfortune upon him. Since the, King having got a Prince of IVales, and (as it is highly suspected) joined himself in a strict League with France for the Extirpation of Hereticks, it laid an absolute Necessity upon the Prince of Orange to come over, that, by the Assistance of the States of Holland, he might not only relieve us, but vindicate his own, and her Royal Highness his Princess's Rfght to the Succession, and secure his Country from a dangerous and powerful Invasion, which it was threatned with both by Sea and Land, whenever the Kings of France and England should be at leisure to join their Forces, to make War upon them; which you know all Europe hath expected for above these two Years last past.

M. These things were somewhat, if they could be proved; but indeed, to deal freely with you, I look upon this League, and the Story of the supposititious Birth of the Prince of IVales, as meer Calumnies cast out by wicked and crafty Men to render the King more odious to his People.

F. Nay, Sir, yon don't hear me positively affirm either the one or the other, since I grant they are not yet made out; but whosoever will consider all the Circumstances of the Birth of this Child, cannot but be strongly inclined to believe it an Impostor, notwithstanding all the Depositions that are taken to the contrary. And as for the FrenchLeague, you may be sure, if there be any such thing, it is kept very private; and yet I must tell you there are very high and violent Presumptions to believe it true; or else why should the King of France, in a late Memorial to the Pope, complain that his Holiness, by opposing his Interest in Europe, had kindred him in those great Designs hehad for the Extirpation of Herefie I by which he must surely intend England or Holland; Protestantism being sufficiently expelled out of his own Country already. And he could not do it in either of the other without the Consent and Assistance of his Brother the King of England. Or to what purpose should the King of England join with France to ruin Holland, and his own Son-in-Law into the Bargain, but to make a War meerly for Religion;since neither the Dutch, nor the Prince their Stadt-holder, gave him, 'till now, any just Provocation?

M. Well, however, these are but bare Suspicions and Presumptions, at most, and not Proofs; and therefore in a doubtful Matter, as this is, if we ought to judge favourably of the Actions of others, much more of Princes, whose Councils and Actions, though private, yet are still exposed to the Censure and Calumnies of their Enemies ,• and therefore, I hope, you will not blame me, if I freely confess, that I am deeply concerned to see an innocent and misled King forced to seek his Bread in a foreign Land; and the more, since many of the Nobility, Gentry, and common People, have contributed so much to it, by taking up Arms against him; and that so great a part of his own Army, and Officers, should, contrary to their Allegiance and Trust reposed in them, run over to the Enemy. Nay, that some of our Bishops and Clergy-men should, contrary to the so often acknowledged Doctrines of Passive-Obedience, and Non-Resistance, not only countenance, but be likewise active in such desperate Undertakings, and this in direct opposition to the known Laws of God, and this Kingdom; which must needs make our Church a Scorn to our Enemies the Papists, and a Shame and Reproach to all Protestant Churches abroad,' and render the People of England, odious to all the Crowned Heads in Europe.

F. Well, Sir, I see you are very warm, and I hope more than the Cause deserves. You may judge as favourably of the King's Proceedings, and as hardly of the Actions of the Nobility, Gentry, Clergy and People in this Matter as you please. But yet I think I can make it as clear as the Day, that they have done



nothing by joining in Arms with the Prince of Oratige, but what is juflifiable by the Principles of Self-preservation, the Fundamental Constitutions of the Government, and a just Zeal for their Religion and Civil Liberties, as they stand secured by our Laws; unless you would give the King a Power of making us Papists, and Slaves, whenever he pleased. But as for your Doctrine of an absolute Obedience -without Reserve, and the Divine Right of Monarchy and Succession, you need not be much concerned whether the Papists laugh at you or no, since there are very few of them (if any) who arc such Fools themselves as to believe such futilous Opinions. But indeed they have more, reason to laugh at you whilst you maintain, than when you quit them; since as they have only rendered you a fit Object of their Scorn, so they would have made you but a more easie Sacrifice to their Malice. For what can Thieves desire more, than that those they design to rob, should think it unlawful to resist them? And what could the Papists have wislVd for more, than that our Hands being fetter'd by this Doctrine of an indefinite Passive-Obedience, our Lives, Religion and Liberties should lie at their Mercy? Which how long we should have enjoyed, whenever they thought themselves strong enough to take thctn away, the late cruel Persecutions, and Extirpations of the Protestants in Eance, Savoy, Hungary, and other Places, have'proved but tco fatal Examples; and therefore no wonder (let your high-flown Church-men write or preach what they please) if the Body of the Nobility, Gentry and People of England could never be persuaded to swallow Doctrines so fatal to their Religion, and destructive to their Civil Rights and Liberties both as Men and Christians.

And as for the Antiquity of these Doctrines, I think they are so far from being the ancient - Tenets of the Church of England, that they are neither to be found in its Catechism, Thirty nine Articles, or Book of Homilies, taken in their true Sense and Meaning ; though indeed there is something that may tend that way in some of the late Church Canons about fifty Years ago; but I do not look upon them as the ancient established Doctrine of our Church, because these Canons are not confirmed, but condemned by two Acts of Parliaments, and consequently never legally established as they ought to be by the publick Sanction of the King and Nation. Our old QueenElizabeth's Divines, such as Bisliop BilVde Bilson son arui Mr. Hooker, being wholly ignorant of these Doctrines, nay, teaching in Sub^Hi'oT feveral Places °f tne" Writings the quite contrary. Nor was this Doctrine Edit", \ ll~6. °£ absolute Subjection, and Non-Refistance ever generally maintain'd, until about />. 179, 280. the middle of KingJames's Reign, when some Court Bishops and Divines began Hooker'* Ec- to make new Discoveries in Politicks as well as Divinity; and did by their • clesias. Policy, Preaching and Writings affirm, that the King had anabsolute Power over Men's L. i. p. 11. Estates, so that it was unlawful in any cafe to disobey or resist his personal Commands, if they were not directly contrary to the Law of God; as may appear by Dr. Harsnet, then Bishop ofChichefter, his Sermon upon this Text, Give unto Caesar the things that are Gesar'j; wherein he maintained, 'Thatall the Subjects Goods and Money were Caesar's, that is, the King's, and therefore were not to be denied him if he demanded them for the publick use; which Sermon (though ordered by the Lords and Commons to be burnt by the Hangman) yet was so grateful to the Court, that he was so far from being out of Favour for it, that he was, not long after, translated to Norwich, and from thence to the Archbifhop1 .rick of York. So likewise about the beginning of King Charles I. Dr. Manwar

* , ring preached before him; the Substance of whose Sermon was somewhat higher

P. H. C. p. than the former, (viz..) That the King was not bound by the Laws of the Land, not to tos- imposeTaxes or Subsidies without the Consent of Parliament, and that when they were so

imposed, the SubjeEls were obliged in Conscience, and upon pain of Damnation, to pay them; which if theyrefused to do, they were guilty of Disloyalty and Rebellion. For which Sermon he was impeach'd by the Commons in Parliament 4 Car. I. and thereupon sentenced by the House of Lords, to be disabled to hold or receive any Ecclesiastical Living, or Secular Office whatever, and also to be imprisoned and fined a Thousand Pounds. Notwithstanding all which, we find him presently Hid. 635. after the Parliament was dissolved, not only at liberty, but also presented by the King to a rich Benefice in Essex, and not long after made Bishop of St. David's.So likewise one Dr. Sibthorp about the same time preached an Assize-Sermon at Northamptun, on Rom. 13.7. wherein he maintained much the like Doctrines, as, That it was the King akne that made the Laws, and thatnothing could excuse from an

1 aEiive

afiive Obedience to his Commands, but -what is against the Laiu of God and Nature : V"1* Archbp. And thatKings had Power to lay Pole-Money upon their SubjeEls Heads. But this much I have read, that this Sermon was licensed by Dr. Laud> then Bishop of & » St. David's, because Archbishop Abbot had refused to do it as contrary to Law, ■ for which he was very .much frowned upon at Court; and it is supposed to have been one of the main Causes of his Suspension from his Arch-Episcopal Jurisdiction, which not long after happened. But as for thisSibthorp, though he lived long after, (even 'till the King's Return) yet being (as Archbishop Abbot describes him) a Man of but small Parts or Learning, I cannot learn that he was ever preferr'd higher than the Parsonage ofBrackley, and another in Northamptonjhiret whose Name 1 have forgot.

But I find a new Doctrine broach'd by some modern Bishops and Divines about the middle of the Reign of KingJames the First, That Monarchy was of Divine Right, or Institution at least ; so that any other Government was scarce warrantable or lawful: And of this new Sect we must more especially take notice of Sir R. F. who hath written, several Treatises to prove this Doctrine, and which is worse, 'That all Monarchs being absolute by DivineInstitution, they cannot be E r* 3' limited or obliged either by Oaths, Laws or Contrails with their People, fartherthan they themselves Jhall think ft, or consistent with their supposed Prerogatives; of which they only are to be thesole Judges. So that whoever will but consider from the Reign of our four last Kings, what strong Inclinations they had to render themselves absolute, and that few Divines, or Common, or Civil Lawyers were preferr'd inL,'^^' their Reigns to any considerable Place, either in Church or State, who did not -sales King, maintain these new Opinions both on the Bench and in the Pulpit: "sou need Parliament, not wonder when the Stream of Court Preferment ran so strong that way, if so Prerogative. many were carried away with it; since it was but to expose themselves to certain Misery, if not to utter Ruin, to oppose it. All who offered by speaking or writing to maintain the contrary, being branded with the odious Names of Puritans, Commonwealths-men, Whigs, &c. some of whom you may remember were not long since imprisoned, fined, nay, whip'd for so doing. So that it was no wonder if there were but very few to be found who durst with so great hazard speak what they thought nor could any thing, but the imminent Danger upon our Laws,; Religion and Properties, proceeding from the King's illegal Practices, have opened the Eyes of a great many Noblemen, Gentlemen and Clergy, who, contrary to the Opinions so much lately in vogue, did generoufly venture both their Lives and Estates, to join their Arms with the Prince of Orange against the King's unjust and violent Proceedings. . *

M. I do not doubt, notwithstanding all you have said, to prove before I have done, these Doctrines of Non-Resistance, and of the Divine Institution of Monarchy, to be most consonant to the Word of God, and to the Doctrine of the Primitive Church, and also to that of our Reformed Church of England. Nor were those Divines you mention in King James the First's Time, the Authors or . Inventers of these Doctrines which were publickly received, and decreed by both Houses of that Convocation which began the first Year of King James, and * continued 'till the Yearidio, as appears by divers Manuscript Copies of the Acts or Decrees of this Convocation, the Original of which was lately in the Library founded by Dr. Cousins, late Bishop os Durham, besides a very *fair Copy, * Tfc" is since now to be seen in the AVchbifhop's Library at Lambeth : Which if you please t0^'^"^fperuse, you may be quickly satisfied, that the Church of England (long before Cfrstfever Sir R. F. writ those Treatises you mention) held that Civil Power was &s cenvogiven by God to Adam and Noah, and their Descendants ,• as also that absolute cation-Book. Subjection and Obedience was due to all Sovereign Powers, without any Resistance; as claiming under those Original Charters: These Doctrines being there fully and plainly laid down and asserted, as the Doctrines of our Church. So that you deal very unjustly with the Memory of those Divines, as also of Sir R. F. to make them the first Broachers of it; whereas you may find that it was the Opinion of the whole Convocation, for many Years before ever those Divines, or that Gentleman began to preach, or write upon this Subject. Nor were these the only Men who maintained these Principles ,• but Archbishop TJJher, and Bishop Sanderson (whom I suppose you will not reckon among your flattering Court Bishops) have as learnedly and fully asserted those Doctrines, you so much condemn, as any of that Party you find fault with, and have very well

proved

proved all Resistance of the Supreme Powers to be unlawful, not only in absolute but limited Monarchies. Of the Truth of which you may sufficiently satisfy yourself, if you will but take the Pains to read the Learned and Elaborate Treatises written by those good Bisliops, (viz.) The Lord Primate U/her s Power of the Prince, and Obedience of the Subject, and the Bishop of Lincoln's Preface before it; as also the said Bishop's Treatise deJuramemo, written whilst he was Doctor of the Chair in Oxford.

F. I must beg your pardon, Sir, if I have never yet seen or heard of that Convocation Book you mention, much less of the Opinions therein contained; since there is no mention made of their Proceedings, in any History or Record of those Times either Ecclesiastical or Civil, as I know of But this much I am certain of; that these Determinations or Decrees you mention, (call them which you please) never received the Royal Assent", much less the Confirmation of the King and Parliament, one of which (if not both) is certainly requisite to make any Opinion either in Doctrine or Discipline to be received by us Lay-men for the Doctrine of the Church ofEngland, otherwise the Canons made in 1640 would oblige us in Conscience, tho' they stand at this daycondemned by Act Of Parliament: So that however, even according to your own Principles, you cannot urge this Book as the • Authoritative Doctrine of the Church of England, unless their Determinations had received the Royal Assent; which you yourself do not affirm they had} for you very well know that, as in Civil Laws, no Bill is any more than waste Parchment if once the King had refused to give his Royal Assent to it, so likewise in Spiritual or Ecclesiastical Matters, I think no Decrees or Determinations of Convocations are to be received, as binding either in points of Faith or Manners by us Lay-men, till they have received the Confirmation of the King, and the two Houses of Parliament: Or otherwise the Consequence would be, that if the King, who hath the Nomination of all the Bishopricks and Deaneries, as also of most of the great Prebendaries in England, of which the Convocation chiefly consists, should nominate such Men into those Places, which would agree with him to alter the present establifh'd Reformed Religion and Government* and to bring in Popery or Arbitrary Power, the whole Kingdom would be obliged in Conscience to embrace it, or at least to submit without any contradiction to those Canons the King and Convocation should thus agree to make; which of how fatal a Consequence it might prove to the Reformed Religion iti this Kingdom, this King's Choice of Bisliops and Deans, such as he thought most fit for his turn, would have taught us when it had been too late.

M. You very much mistake me, Sir, if you believe that I urge the Authority of this Book to you, as containing any Ecclesiastical Canons, which I grant must have the Royal Assent ,• but whether that of the two Houses of Parliament, I very much question; since the King without the Parliament is Head of the Church, and divers Canons made under Queen Elizabeth, and King James, are good in Law at this day, tho' they were never confirmed by Parliament. But I only urge the Authority of this Book to you, to let you fee that these Doctrines are more Ancient than the time you prescribe; and also that the major part of the Bisliops, and Clergy of the Church of England, held these Doctrines which you so much condemn, long before those Court Bishops or Divines you mention, medled with this Controversy; and I suppose we may as well quote such a Corfvocation Book, as a Testimony of their Sense upon these Subjects, as we do the French, Helvetian, or any other Protestant Churches Confessions of Faith, drawn up and passed in Synod of their Divines, tho' without any Confirmation of the Civil Power.

F. If you urge this Convocation Book only as a Testimony, and not Authority, I shall not contend any farther about it: But then let me* tell you, that if the Canons or Decrees of a Convocation, tho' never so much confirmed by King and Parliament, do no farther oblige in Conscience, than as they are agreeable to the Doctrine of the Holy Scriptures; sure their Determinations without any such Authority,, can only be look'd upon as the Opinions of so many particular private Men. And tho' I have a very great Reverence fer the Judgments of so many Learned Men; yet granting those Doctrines you mention to be contained in this Book, I think notwithstanding, that we may justly examine them according to the Rules of Reason, and express Testimonies of Scripture, by either ot which, when I fee you can convince me of the falshood of mv Tenets, I

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ihall count myself happy to be better informed. But as for those Treatises of Bishop Ujfje;; and BisliopSanderson, which you now mention'd, I must needs confess they are learnedly and elaborately written: And tho' I am against Rebellion as .much as any Man, and do believe that Subjects xa&y too often be guilty of it; yet am I not ,there/ore convinced, T'bdt' it is absolutely unlawful in all cdfis what* soevereven in the mostAbsolute and Arbitrary sort of'Civil Government, for tlii People, when violently and' intolerably opprest, to takeup Arms and resist such Unjust violence, or to join with any Foreign Prince, 'who will be  generous as to takeupon him their Deliverance. So that though I freely acknowledge that those good Bifliops you mention were very .Pious and learned Merjj, and that I bear great Reverence to their Memories ;.yet doth it not. therefore follow, that I must own them to be infallible, or as great Politicians as they were Learned Divines; or that they understood the Laws of England, as well as they did pe Fathers. And perhaps there may, be a great deal more" said on theirCBehal fs than Can be for divers others, who haye since written andpreach'd so mucFfupon those 'Subjects; for if you please to consider the Times of their writing those Treatises^ you will find them written ah$u$ the beginning or middle of the late Civil Wars, which they suppos'd to be bfgqn and carried on contrary to afy.Law and Justice, under the pretended AuthoKi&r ps the. two Houses' of Parh^pjent against King Charles the First; and trjqrefore it is. ,np, wonder "if they; thought themselves pbligep! to write very high for the Perogatij'es and Rights of Princes; and;the'absolute Obedience of Subjects, when they, law even the King s just and lawful Perogatives in danger to betaken from fawn by force. And altho* they may perhaps stretch several of these Points too far, yet this may be very excusable; since it is a hard matter to write sp exactly against any Error, as not to fall in to the contrary extream, which ne-' verthelefs may sometimes prove useful enough: As those who'would set a stick freight, must bend it to the. other side. :. And so these Doctrines which might then- be seasonable, whilst the People carried on their Animosities against the King, farther than in Justice they ougjh.t? have hot now the fame reason and cogency, when this King 'hath so manifestly endeavoured to pull up the very Foundations both of our Religion and Government. .So that J am persuaded, could those good Bifliops ha^ve lived by the course of Nature to pur Times, and have seen the ill; and fatal use hath been made of those Doctrines by those in Power, they would either absolutely h^ve renounced them, or at least have been very cautious how they publifli'd such doubtful Opinions to the World.

M. I must beg your pardon, Sir, if I am not of your Opinion, for I look upon the absolute subjection of the- Subjects to the higher Or supreme Powers, to be a thing of such constant and eternal Obligation, that no change of Times or Circumstances can ever dispense with us in, or discharge us from it; and I am so far firora believing that those good Bifliops would ever'haye recanted their Opinions in this particular, that had they lived until this time/1 think they could not (without the Imputation of Time-servers) have'forboTn publickly to declare and maintain them: For sure we must not deny or lay aside true Principles, because of some inconveniencies pr hardships that may. thereby happen to our Religion, Persons, or Civil Liberties, since that were the ready way to givC a Licence to the rankest Rebellion, and the highest disobedience to the Supreme Powers; sot so the Primitive Christians might have claimed a right to rebel against the Heathen Emperors, pretending they were not bound to submit themselves unto them, because they persecuted Gods Church, and put the Christians to death for ho other reason than that they were such. Whereas, we may plainly fee St. Peter and St. Pflul teach us another Lesson, and command absolute subjection without reserve to the higher Powers, which were then the tyrannical persecuting Emperors; and that the Primitive Christians who immediately followed the Apostles, understood them in this sense; and altho'they had sufficient'strength, yet thought it unlawful to resist those Heathen Emperors under which they lived. I refer you' to that vast treasure of Quotations put of the Fathers and Ancient Church Historians, collected with such Learning and Industry by the Lord Primate Usher in the second Treatise. .

F. It is not my intention, Sir, at present, to fall into a severe examination of so many Texts of Scripture, and Quotations of Fathers, and other Authors, as are made use of by those Learned Alen you lately mentioned, which requiremore consideration than our ihort time wi)l now afford; therefore the best Method I can propose to you, for the true stating and understanding this noble Controversy, ■wcvc.first to look into the Natural state os Mankind after' the fall of Adam; and enquire, First, If God has appointed any_kirid of Government by JDivineInstitution before another. Secondly, If he has not; how far Civil Power may be look'd upon as from God, and in what fense as derived from the People. 'Thirdly, Whe^tber Resistance by the Subjects in some Cafe's be. incompatible and absolutely de- . structive to all Civil Government whatsoever.'". Fourthly^ Whether such Resistance be absolutely contrary to the Doctrine of Christ contains ih the Scriptures, and that > of the Primitive Church pursuant thereunto. . Fifthly, Mtyhethet such Resistance becontrary to the Constitution of this Government, and the express Laws of the Land. Sixthly, Whether what has been done by the Prince :o£ Orange,"and those' of th£-' Nobility, Gentry, &c. in pursuance of these Principle?, has been'done accord-1;: ing to the Law of Nature; the Scriptures, and Ancient Constitutions qjf><ra?'J Kingdom; which material Points if we Can once fettle, and discover where1 the Truth lies, it will prove the clearest Comment and best Interpretation of all thbse places of Scripture, and Quotations of'Fathers, and other Authors which are cited by Divines or other .Writers, for "the Doctrines Of the Divine Institiitioh cA. Monarchy, and the absolute' Subjection of Subjects Without any Resistance: ;ftit: when we have once difeover'd what the j&jffi of Nature or right Reason dictirc^f; I think we may rest satissy'd that that y iHetriic Sense of the Scripture: God not having given us any Precept or ^rrtfmand, in Moral, or Practical things, that can be contrary to the XaV,bf Nature cr Reason; or incompatible'with' the happiness and welfare of Mankind in this Life; as the reveal'd Will of God does chiefly regard tjhat whjch is to come1/" '.Rfn' 1 . T^x «-,'• *Jo*i


M I do very well approve of your Proposal; and therefore pray give me first your Opinion on those Heads, that I may fee how far I may agree with yon, and wherein I must differ from you; for I do aflure you my Indention is notco argue with you meerly for disputes siike, but that we mayebrrect the ErrifcHi' of each others Understanding, and discover^ if it be possible, \vnere-the Truth lies: Therefbre pray, Sir, begin first with the Natural states of Mankind ;init remember 1 to do it like a. Christian, and one that believes that we are all derived from one first Parent, and. that we did not at first spring up out of the Earth like Mushrooms, or as the Men. whom Ow'^ feigns to have been produe'd of the Dragons Teeth Cadmm is feign'd to have sown, who, as soon,as they sprung out of the Earth, immediately fell a fighting and killing each othen

F. I thank you, Sir, for your honest and kind Advice; and shall therefore in the first place supposes that the.Necessity as well as Being of all Civil Government proceeded from the Fall oi .Adam^since if that had riot been, we had still liv'd, as the Poets fancy Men did under the Golden Age; without any need of Kings or Commonwealths to make Laws against Oppression, Theft, Adultery, Murder, and those other Injuries which Men are now too apt in this lapsed corrupt State to commit against each Other; much less would there have been any need of Judges or Executioners, either to sentence or punish Offenders; for if- Man had continued as free from' Sin as he was in Paradise, there could have been no need of a Supreme Coercive'Power, since every Man would have performed hisDuty towards God and his Neighbour without any punishment or constraint. So that all the Authority that can be supposed could have been then necessary for the good and happiness of Mankind, would have been no more than Directive, as that of the Husband over his Wife; or Imperative, as that of Parents over their Children; the former of which would not have been an Absolute Coercive Power neither, but rather such a Power as his Understanding then had over the inferiour Faculties of bis Soul, join'd with .a voluntary Submissionof her Will to his; the Coercive Power of the Husband, and his more extensive Rule over her, being conferr'd by God on Adam, and in him on all his Posterity after the Fall, for the regulating and restraining the unreasonable Desires and Passions of the Woman, which then began to exert and shew themselves in her: And as for paternal Authority, that would have been so far from being Coercive, that Children having no Inclination to disorder, either in their Wills, Appetites or Passions, there would have been so little need of Punishments, that they would not have required so much as Reproof or Correction; God having first planted the Laws of Nature or Reason in every Man's Breast free from rebellious Motions Against it; so that Children then could have had no more to do, than to ray their Parents all that Gratitude, Duty and



Obedience which was due to them as the subordinate Causes of their Being, which could only consist in performing those indifferent, things, which they then would have had occasion to command themsince Mankind being immortal, and the Earth bringing forth of. it self all Necessaries for Human Life, there could have been no occasion of attending and relieving their Parents, when sick, old, or decrepid, and unable to keep themselves; and so likewise upon the same grounds all other Men would have been equal by Nature, in respect of any Civil Difference; for when there was no necessity of Men's Service, there would have been no Distinction between Master and Servant. ,

But after the Fall the State of Mankind was. altered, and Self-love, and the Desire of Self-preservation, grew so strong and exorbitant above all natural Equity^ that the inordinate Passions of Men blinding their Reasons, they began to think they had a Right not only to the Necessaries of Life, but to whatever their unruly Appetites desired, or that they thought they could make themselves Masters of. To remedy which Inconveniencies, I suppose, the Fathers and Masters of Families, and other Freemen (in whom alone then resided that little Government that then was in the World) were forced, after some time, to agree upon one or more Men, into whose hands they might resign all their particular Powers, and to make Laws for the due governing and restraining those disorderly Appetites and Passions, and also endowing them with a sufficient Authority to put them in execution. But which of the Governments now extant, or that have been formerly, were prior in Nature, I think cannot well be known ,• whether it was a Monarchy, or au Aristocracy, consisting of all the Heads or Fathers of Families, or Freemen, is not material, since the S?S. are silent in it: But it being sufficient to suppose, that it was at first begun by the Persuasion or Mediation of some one or more wise and virtuous Persons, and was consented to by. the; whole Number, consisting of? many Families, who were sensible of those great inconveniencies and Mischiefs they lay under for want of Civil Government. But be it which way it will, 'tis most certain that it was principally intended by God for the Good and Preservation of the Governed, and not for theGreatness or Advantage of the Person or Persons appointed to govern; since God designed all Civil Government for the restraining of Man's inordinate Passions and Lusts after the Fall, and procuring, by sufficient Rewards and Punishments, that Peace and Happiness, which could now no longer be obtained by Men's natural Inclinations to that which was equitable and honest. And besides, it is absolutely impossible to suppose, that any great Number of People, not pressed by the Invasion of a powerful Enemy from abroad (which could not be supposed in this early Age of the World) would ever be brought to consent to put themselves under the absolute Power of others, but for their own greater Good and Preservation, or to' part with their natural Liberty, without advantaging themselves at all by the Change, . » • , >

M. I will not'take upon me to assert after what manner Mankind would have been governed, in case our first Parents had continued in their primitive State of lnnbcency. But this much I think I may boldly affirm in opposition to what you have already said, that Civil Government, after the Fall, was not alike in all the Fathers and Masters of Families; but that Adam alone was by God endued with' . . it, as the great Father and Monarch of Mankind: So that not only Civil Power, R.f. A. MM. ingenere, but in specie, (viz.) Monarchical, was immediately after the Creations. *54i *Jf« conferred by God upon him. And Adamwns Monarch of the whole World, even before he had any Subjects. .

F. Sir, not to interrupt you, it seems somewhat hard to conceive how Adam could be a Father before he had Children, or a Monarch before he had Subjects.

As. If you please to consider it, you will find no Absurdity at all in this Assertion. For though I confess there couid be no actual Government without Sub- ibid, jects, nor Fatherhood without Sons'; yet by the Right of Nature it was due to Adam to be Governour of the World, when as yet he had neither Sons nor Subjects: So tho* not in Act, yet at least in Habit, or in Potentia (as they fay in the Schools) Adam was a King, and a Father, from his Creation, and even, in the State of Innocency, he had been Governour over his Wife and Children. For the Integrity or Excellency of the Subject doth not take away the Order or Eminency of the Governour: For Eve was subject to Adam before he sinned; and the Angels, who are ofa most pure Nature, and cannot sin, are yet Subjectsto God, and perform all his Commands, Which will serve to confute what you fay in dero

C gation

nation of Civil Government, or Power, that it was introduc'd by Sin, or the Fall of Man. Government, I grant, as to coactive Power, was not till after Sin, because Coaction supposcth some Disorder, which was not in the State of Innocency; but as for directive Government, the State-of Humane Nature requires it; since Civil Society cannot be imagined without a Power of Government. For altho' as long as Men continued in the State of Innocency, they might not need the Direction of Adam in those things that were necessarily and morally to be done; yet things indifferent, that depended mecrly on their Free-will, might well be directed by Adams sole Command.

F. Pray, Sir, give me leave to settle this Point between us, before you proceed farther; and I doubt not, when you better consider what I fay, you will not think we have any just Occasion to differ. So far then you and I are agreed, that even before the Fall Adam was superior over his Wife and Children, and that they owed him not only Gratitude and Respect as a Parent, but also Obedience in all indifferent things: Yet I deny that this Power or Superiority of Adam over his Wife and Children was at all a Defpotical or Civil Power, but meeriy Oeconomical, for the Good and Convenience of Adam, and the well ordering and Preservation of his Family; which you will easily grant, if you please to confides what are the essential Differences of Civil Government from Oeconortiical. Now-the essential Properties of Civil Government consist in preserving and defending''the Subjects, both in War and Peace, from foreign Enemies, and intestine'Injuries, and Invasions of Men's Persons or Properties, and in revenging and-pumfhiiig'srtr' such Transgressions by Death, or other Punishments, and consequently in makingLaws concerning Property, and for restraining all Robberies, Murders,' and'the like. Now, in the State of Innocency, there could be no need'of any of these essential Functions of Civil Power: for yourself must grant, shall Man was then not apt to sin, and also immortal; so that all Laws about Peace or War, Punishments of Offences, publick Judgments concerning Meum and Twim, and all Injuries, were absolutely needless, and had never been in Nature, if Adam had not finned; and then how you can call this Authority, or Superiority (which I grant Adam had over his Wise and Children) Civil Power, I can by no means understand.

But I do utterly deny, that even after the Fall Adam was a Monarch, or Sole and Absolute Lord over the whole Earth, and all Creatures therein»contained ,• and desire you to give me such plain Proofs of it, either from Reason or Scripture, that I need no more doubt of it, than your self.

M. -I shall, first of all, give you an Arg.iment drawn from the Reason of the things; and in the next place, the Authority of Scripture, for my Opinion -"And first, I think it'is evident, that every Man that is born is so far from being free, that by his very Birth he becomes a Subject of him that begets, him; and even Grottm himself acknowledges, that Generatione Jm acquirittir in Liberos. And indeed the Act of Begetting being that which makes a Man a Father, his Right of a Father over his Children can naturally arise from nothing else. And the fame Author in another place hath these Words upon the Fourth Commandment: Parentum nomine, qui naturales funtMagistrates, etiam alios Rector es par eft intelligi, quorum autlmitas Societatem htmianam continet.- And if Patents be natural Magistrates, Children must needs be born natural Subjects. So that not only Adam, but the succeeding Patriarchs had, by Right of Fatherhood, Regal Authority over their Children, as may appear by divers Testimonies out of Scripture; and therefore it is very reasonable, that all Fathers should have a Power over the Lives of their Children, since it is to them that they owe their Life, Being and Education: And I think that even the Power, which God himself exerciscth over Mankind!, is by Right of Fatherhood.

F. Before you come to Sctipture, give me leave, in the first place, to'examine your first Argument, which you deduced from the Law of Nature, or Reason: For I doubt, if you please better to consider of it, you will find, that so light and transitory an Action, as that of Generation, cannot give any Man an absolute Property and Dominion ovet the Person and Life of those whom he begets ; since few Men do principally intend the giving of a Being toanother, Jo much as they do their own Pleasure, in that Action. Nor do we owe our Lives, properly speaking, 'ro our Parents, but to God, who is the true and original Cause of 'oiir Being ;' tho' it is true he makes use of our Parents as physical, tho* not as moral Means' ©^'Instruments ments for that end; since it doth not lie in their power to hinder the generating of Children, if they perform the Acts necessary thereunto. So that both the Antecedent and the Consequent are altogether false, viz,. That Parents give their Children Life and Being, and that therefore they have an absolute Power over their Lives and Persons: Which, if it were true, would give the Mother an equal Title to the Lives of the Children, as the Father j seeing they owe their Lives as much to the one as the other: Which Power in the Mother I am sure you will not admit of. But as for what you fay concerning the Power of Fathers, arising from Education; tho', I confess, that is a much better Title than the other; yet doth it not follow, that, because by reason of my Parents Care of me, before I was able to help my self, I owe my Preservation and Well-being to them, that therefore they are to be perpetual and absolute Lords over my Person and Life; since, by thus breeding me up, they only performed that Duty and Trust, which God had laid upon them, for the Good and Preservation of Mankind, and which they could not, without committing a Sin, either refuse or decline; and therefore their Authority or Power over my Person, being only for my Well-being, can extend no farther than whilst I am not of Years of Discretion to understand the true Means of my own Good and Preservation: And tho'I grant, that I am bound in Gratitude to return this Care and Kindness by all Acts of Duty and Piety towards them, as long as I live,• yet doth it not therefore follow, that they are Masters of my Life, and of all that I have j since this were to take away more than they themselves ever gave. And tho' I Ihould grant you, that even the Power, which God himself exerciseth over Mankind, is by Right of Fatherhood or Creation; yet this Fatherhood is such, as utterly excludes all Pretence of Title 2". T. G. c. 5. in earthly Parents : For he is our King, because he is indeed the Maker of us all, p- 69which no natural Parents can pretend to be of their Children. But if you please more closely to consider your own Argument, you will find that it will quite destroy your Hypothesis. For if all Fathers have an absolute Power over theic Children by Generation, then Adam could only have Power over his own Children which he begat, and none at all over his Grand-children; since their Fathers, by this Argument of Generation, ought to have had the fame Power over their Children, which Adam had over them, for the fame Reason. So that this Monarchical Power of Adam<, as a Father, could extend no farther than one Generation at the most. 'I ''. .

M. I (hall not further urge this Argument of Generation, since I see you are not satisfied with it; but this much I think I can clearly prove from Scripture, thxtAdam was Lord over the Persons and Lives of his Wife and Children, by virtue of that Command which God gave Eve, Gen 3.16. Unto the Woman he said, I will greatlymultiply thy Sorrow and thy Conception: In sorrow thou Jhalt bring firth Children, and thy Desire stall be to thyHusband, and he shall rule over thee. From which Words it appears, that Adam had not only an absolute Power granted him by God over his Wife, but all the Posterity that should be born of her. For, in the first place, it here seems that Eve was to yield an absolute Subjection to her Husband, who was to rule over her" as her Lord, from these Words, and thy Desire stall be [subject] to thy Husband, (as it is better express'd in the Margin) and he stallrule over thee. And if his Wise was thus to be subject to him, then likewise by a Pa- g.p.p. f. ?I, rity of Reason ill her Children were to be so too j it being a Maxim in the Law of Nature, as well as in the Civil Law, that Partussequitur ventrem: So that if Eve was to bfc absolutely subject to Adam, the Issue by her must be so too; as in the case of a Master os a She-stave, not only the Person of the Woman, but all that are bfejjorten of her, either by her Master or any other Man, are likewise his Servants; otherwise' the Children would be in a better condition than their Mother; for Adam having;no Superior but God, both his Wife and Children must have been alike subject to him. There is likewise another Rule in the Civil Law, st. j. 32. which is a Voice of Nature too, Quicquid ex me &uxore mea nascitur, in po'testate mea est.: And tho' this is true in some sense in all Fathers whatsoever; yet it was so in a* more superlative degree, Where the "Father had no Superior over him but God, as Adam had not. And farther, it seems apparent to me, from the very II. f.20,21. Method that God us'd in creating Mankind, thatAdam's Wise and Children lhould be subject to him: For if Adam and Eve had been created at once, it, could not have been known which of these two had the best Right, to command, and which was to obey. For Adam'sStrength, or Wit alone, would not have

C 2 given

given him any Authority over her; and it might be that Eve was as strong and as wife as he, or at least she might have thought her self so; and if these two had differ'd and fought, nought but the Event could have declared which of them should have been Master.

So when they had Children born between them, the Children cpuld have told as little which of the Parents they should have obey'd, in cafe they had difser'd in their Commands : So that it had been impossible this way that any Government

Ib. f. 22.' could have been in the World. But when God created only one Man, and out 24- of him one Woman was made, sure he had some great Design in this; for no

i Tim. 2.12, other Creature was thus made at twice, but Man. Now St. Paul shews a Reason sot God's acting thus, when he fays, the Woman should Hot teach, nor usurp Authority over the Man, &c. And mark the Reason : ForAdam was created, and then Eve. So that, in the Apostle's Judgment, this was one main Cause why Adam should be superior to his Wise, and all other Husbands to their Wives. And 2 5- in the Corinthians, from the History of the Creation, the fame Apostle deduces twQ other Reasons for the Superiority of the Man over the Woman : For(fays he) the Man

i Cor. ii. Stisnot of'theWoman, but the Woman of the Man ; (that is, Eve was formed out of Adam)

9- neither was the Man created for the Woman, but the Woman for the Man. So that you

fee here is Adam stated in a degree of Superiority over his Wife before the Fall; and immediately after it, God again renew'd Adam's Title, when he told Eve (as

?. z6. I have but now mention'd) thy Desire shall le fubjetl to thy Husband, and he Jhall rule over thee. Now I so far agree with what you at first laid down, that if the Fall had not disorder'd her Faculties, and render'd her apt and prone to disobey her Husband, this Command need not have been given her,; but she would have known her Duty from the Order and End of the Creation, without this explicite positive Command.

- F. You have, Sir, taken a great deal of pains to prove that which I do not at all deny, that as well before as after the Fall, Adam, (and consequently all other Husbands and Fathers) ought to be superior to their Wives and Children, and likewise govern and command them in all things relating to their own Good, and that of the Family, as long as they continue Members of it; nay, that Children, after they are separated from their Fathers Family, still owe their Parents all the Gratitude, Duty, and Respect imaginable: But yet I deny that this Power, which Adam had over Eve, and his Issue by her, and all other Husbands have over their Wives and Children, is a regal despotical Power, or any more than conjugal in respect of his Wise, and paternal in respect of the Children; nor is that filial Reverence and Obedience, which Children yield their Fathers, the fame with that Respect and Duty, which a Wise owes her Husband, or the fame with that servile Subjection, which Slaves owe their Lord and Master j neither is the Duty of a Wife of the fame kind with that which Sons pay their Fathers, or Slaves their. Lords; nor did Sarah, when she called Abraham Lord (who was then Master of a separate Family, and so subject to none) ever suppose that her Husband had the fame Authority over her, as he had over Hagar her Bondwoman, to fell her, or turn her out of dopts at his pleasure. But to make it more apparent to you, that this Power granted to Adam over Eve, was not regal nor despotical, but only conjugal, and for the well ordering of the Family, where some one must command in chier, and the rest obey, to avoid Confusion, will appear, first, if you consider that this Subjection of Eve to Adam was npt enjoind till after the Fall, and is part of God's Judgments denounced against her, for tempting her Husband to eat the forbidden Fruit, and certainly included somewhat more than that Superiority which he had over her by his Creation,, or else God should not have made it any part of the Judgment denoune'd upon her. If this Submission she ow'd to her Husband before the Fall, had been of the fame nature with that Subjection she was to be under after it; which yet I take to be neither servile nor absolute, but only a conjugal Obedience or Submission of her Will to his, in all things relating, to the Government of the Family, and the Carriage of her self; tho' I do not deny but the Husband may sometimes restrain her by force, in case she carries, her self unchastly, or indiscreetly, to the loss of her Reputation, and Prejudice.'of his. Interest, when she will not be directed, or advis'd by his Persuasion, ot' Commands, which before the Fall, when she was in a State of Innocency, there was no need of; since (as your self grant) before the Fall she knew what was her Duty, and performed it without any force or constraint, &c. And therefore that

Text, I

Text,
which you have now quoted out of Genesis, 'thy Desi e stall be [subject]
&
thy Husband, and he stall rule over thee, is not
fairly cited : For, as for-the marginal
Addition, viz..
[fubjeB ]
to thy Husband, it is not warranted froia'. the Hebrew
Original, or Version of the LXX; the Hebrew having
no more than (thy
Desire
stall be to thy Husband) which
the LXX renders «V«fppf^, i.e. the
Conversion or In-*
clination of the Desire, by which some Interpreters understand no more than the.
carnal Appetite. So likewise from the Words [rule, over thee] they
likewise ©b-
serve, that Moses
makes use of the same Hebrew Word,
when he makes mention of
the Sun and Moon ruling the Day and Night, tho5 they do not do it by any Vion
lence, or corporeal Force : So likewise, by this ruling of the Husband, is not to
be understood any absolute, despotick Power* whereby he hath a Right to: dispose
of the Person and Actions of his Wife in all things at his pleasure; but that she
may in many cafes refuse, nay controul his Commands, and resist his Actions, in x
cafe they prove unlawful, or destructive to her self and Children. ...

But that this Argument of St. Paul, of the Husband's Superiority over his Wise, was not granted to Adam alone, but equally extends to all Husbands whatsoever, appears from the very Text it self; or otherwise St. Paul had argu'd' very impertinently of the Duty of aU Wives: And if so, it will follow that every one of Adam's Sons, as soon as he took a Wise, had the like Authority over her, as < Adam had over their Mother: And if over their Wives, then, by your Maxims (of Partfii sequitur ventrem, & quicqwd ex toe & uxore nteanascitur, inpotefiate.mea est) all the Sons of Adam must have had the fame Power over their Children, as their Father had over them. So that the fame Consequence will still follow from these Places of Scripture, and also from your Civil Law Maxims, thatxirhcr Adam had no Civil or Despotick Power over his Wise and Children; or else, if he had, that every one of his Sons, when married and separated from his Father's Family, had the fame, and consequently there were as many Princes as distinct Masters of Families; and then what would become ofAdamsMonarchy,I give you leave to judge*

M I must beg your Pardon, if I am not satisfied with your Answer to my last Argument: For | am still of opinion, notwithstanding what you have said, that £« was to yield an absolute Subjection to her Husband, from that Place already cited, "That her (viz. Eve's) Desire (i.e. Will) shouldbe fitbjeEi to her Huf* band, &c. To which you answer, that this Subjection of Eve to Adam was not the fame which Sons owe their Fathers, or Slaves to their Lords; and that Eve owed Adam not a filial, or servile, but a conjugal Subjection. For I would fain know the difference, in the State of Nature, betweeb one and the other: Fot B.P.P. (.-2h if you please to compare that Place of Genesis, I but now quoted, with that other a8, where God gives Cain Power over Abel, his younger Brother; you will find, them the fame in Words, as also in Sense. For in this God likewise tells Cain, Thiai untothee stall his. Desire be fu&jeSl^ and thou stah rule over , him. And sure God could Gw, 4. 7. not intend by these Words, that Abel should yield a conjugal, but a filial Sub-* jectiojr to his elder Brother; and these Words axe not capable of two Senses, but must be understood;alike in both Places (i. e.) That the,Desire (which is a fe qulty of the Soul, and that the most active too) wasto be subject,.-and theBody> and aUthe Powers of it, were to be over-ruled by him; which is as full and absolute a Subjection as can be exprefs'd in Words. And whereas you fay, that these Words Wese not spoken till after the Fall, andthence seem to infer, that Eve did not ow&.Adam so much as a conjugal Subjection before that; St. Paul hath given you a* Answer to that already, which it is . needless to. ^repeat; and therefore, upon the whole matter, I think your Distinction of a conjugal Subjection different from a filial or. fertile 08$ will signify nothing, -u .

JSI doubt not» Sir* bus I shall be able to make.good this Distinction of a servile and a filial-Obedience; and in order to it, shall reply tc* the Consequences you have made, for Eve's absolute Subjection to Adam, from the like Expression useel by God to C*w concerning his ruling over his Brother Abel, as is us'd here to Ewe concerning her Subjection to hex Husband; and that because the Subjection of <dhl was absolute, that therefbre her Subjection must be so too- I must erave your Pardon is I deny you Assumption; for I think Lam able to prove, that neither Ate/f nor any other younger Brother, was, or is obliged, by virtue of this Text, to yield an absolute Obedience to his elder Brother, in the State of Nature, or that he is therefore his Lord and Master- Nor can I see any Absurdity, bat that the fame Words might be spoken to sevetal Persons, yet in different



Senses, which, according to the Nature of the Persons tc whom they were spoken,' might have different Effects. As here these Words, when spoken to Eve, enjoin a conjugal Submission of Eve's Will to Adam as her Husband;but wlien spoken to Abel, they may signisie a fraternal Submission of Abel's Will to Cains, as the elder, and perhaps the wiser of the two, but without giving any absolute or despotick Power over either.

M. I cannot be yet satisfied with your Reply; for merhinks this is but to trifle with God's Word, when he toldCain, thy Brother's desire ft all be subject to thee, that is, (Jay you) Thou shalt rule wer him only as far as Ikthinks fit } er if thou hast the knack to wheedle or persuade him. Was not this a mighty Matter for God Almighty to appear to Cain about ? An excellent ar.d rational way to appease his Wrath towards his Brother ? Whereas God here plainly enjoineth a Subjec-' tion from Abel to his elder Brother; and if so, by vertue of the fame Words, a like Subjection ofEvetoAdam; and then it will likewise follow, that as the Streams are of the fame Nature with the Fountain, the Subjection of all her Posterity will likewise be included in hers, which I have sufficiently proved already, had you not mistaken the true Sense of those two Maxims I laid down. For first, if Partm sequiturventrem, and the Mother be a Subject, as Eve was, all her Posterity must be so to all Generations. And if Quicquidex me & uxore mea nascitur, in fotejiate mea est, be true, then Adam's Grand-children, and great Grand-children, deriving themselves from him and Eve, must be likewise under Adam's Power. Nor can I see how his Sons, or Gran^-children, by setting up separate Families, could ever discharge themselves from this absolute Subjectioh toAdam, since they could never have quitted his Family without his Consent; and when they did quit it, unless he pleased to manumit them, they, their Wives and Children were still as much subject as they were before. Since I do not fee, if they were once'Subjects to him, how any thing but his express Will and Consent could ever discharge them from it. Nor was that Authority ^which every one of these Sons of Adam might exercise over their Wives and Children, though they were not freed from the Power of their Father) any more inconsistent with that Subjection and Obedience they owed him, as their Prince, than in an absolute Monarchy, the Power of Fathers and Husbands over their Wives and Children, as to the things relating to the well-ordering and governing their Families, is inconsistent with that supreme predominant Power which the Monarch hath over the Father himself, and all his Family; or than the Power of a Master of a Family, in the Isle of Barbadoes, over his Slaves that are married, and have Children, is inconsistent ; with that Marital and Paternal Power which such a Slave may exercise over his Wise and Children within his own Family, tho' still subordinate to the WiiJ of the Master, who may forbid any such Slaves, or their Children to marry, but where he hath a mind they should; and may likewise hinder them from correcting or putting to Death their Wives and Children without his Consent. Though such Subjects in an absolute Monarchy, or Slaves in a Plantation, 'cannot have, or enjoy any Property in Lands or Goods but at the Monarch's, or Master's Will. And so likewise at first none of these Sons of Adam, though they set up distinctFamilies from their Fathers, could enjoy, or enclose any part of-the Earth withr out his Grant or Assignment, to whom the whole was given by God before.*©;*. * It seems likewise to be a great Mistake, when you at first ^affirmed, that-tall; Civil Government was ordained by God, for the Benefit and Advantage of the-Sttl^jeEls, rather than the Governours. Whereas from the first and nSost NatuMj1 Government it appears, that Children, who were the; Subjects, wefe ordained:as much for the benefit and help of their Parents, who were the first- Monarchsj ^as J F. A. MM their Parents for them. From all which we may-draw these Conchiliofk: h Firstj That from Gen. 3. v. 6. already cited, we have the Original Charters

Government, and the Fountain of all Civil Power derived from Adam as thet Father of all Mankind. So that not only the Constitution of'Power jn general,' but the special Limitation of it to one kind, (viz..) Monarchy, and the Determination of it to the individual Person of Adam, are all Ordinances of God. Neither had Eve, or her Children, any Right to limit Adam's Power, or join thenv-C selves with him in the Government. Now if this Supreme Power was settled, and founded by God himself in Fatherhood, how is it possible for the People tohave any Right to alter, or dispose of it otherwise ? it being God's Ordinancethat this Supremacy should be unlimited in Adam, and as large as any Acts of

his his Will. So that he was not only a Father, but a King, and absolute Lord F. P. 0. A, over his Family; a Son, a Subject, and. a Servant, or Slave, beingone and the fame thing at first; the Father having Power to dispose of or sell his Children or Servants at his pleasure: And tho'perhaps he might deal too severely or cruelly in so doing, yet there was none above him, except God, in the State of Nature, who could call him to an account, much less resist or punisli him for so doing.

F, 'You have, Sir, made a very long Speech upon the Monarchical Power of Adam, which you have made of so large an extent, that this imaginary Kingship must swallow up all the other more dear and tender Relations both of a Husband, and of'a Father- So that were I not satisfied you were a very good natured Man, arid spoke more the Sense of others than from your own natural Inclinations, I should be apt to believes that if you had sufficient Power, you would prove as great a Tyranrover'your Wise, Children, and all that should be under your Command/as,' such Arbitrary Tenets would give you leave : But since, I hope, your Error lies rather in your Understanding, than in your Nature; I shall make bold to Ihew you the Mistakes you have committed in those Principles you here lay do\tfn. I might first begin with the Place of Scripture you farther insist upon, for Evesabsolute Subjection to Adam from the like Expression used by God to Cain concerning his ruling over his BrotherAbel, as is us'd here to Eve : And though you are pleased to think my Exposition of this Place so ridiculous, yet I dOiibrnot bur to be able to'prove, when I come to speak of this pretended Divine Authority of elder Brothers ovet the younger, that this Place cannot be:idnderstood in any such Sense, according to the best Interpretation that both the Reason of the Subjects and the Sense the best Commentators put upon it can* allow: But I shall defer this 'till we corrie,' to discourse concerning the Successors ot Adam in this Monarchical Power yoti suppose.. And therefore I shall only at present pursue that absolute Power, which you suppose Adam to have had, not only overEve, but all her Descendants. For indeed your Argument of Eve's, and consequently all her Children's absolute Subjection to Adam, depends upon a very false Supposition.''Since if the Subjection of Eve to Adam, and of all Wives to their Husbands is* not servile1 Or absolute, neither can that of the Children be so; since, according to your 'own Simile, if the Streams are of the fame Nature of the Fountain; they can never rise higher than it: And tho't grant, Adam might in some cases have put his Wife or Children toJ Death, for'any enormous Crime against the,Law of Nature; yet I allow him that Power, not as a Husband or Father,1 but bhiy as a Lord or Master of a separate Family, who having no Superior in the State of Nature, I'grant, is endued by, God with this Prerogative, for the Good of his Family,and Preservation of Mankind,lest such horrid Crimes, so much to its prejudice, should pass unpunished. But that the Husband, or Father, doth not act thus in either of these two Capacities, I can easily prove.

First, Because the Scripture tells us the Husband and Wise are one Flesh, Gen. z. 24. and that no Man ever yet hated his own Flesh; so that it is impossible for, a EPbes' f> 29~ Husband to put his Wise to Death, ''till by the Greatness of her Crimes she be- 30, Cctthesno longer worthy of that tendcf Affection he ought to bear her. Then asto trie Father, he, as a Fathep, ought not'to desire to put his Son to Death, whose "Being he hath been the ciulsc of, and Who is principally made put of his,own Substance, and on whom he hath bestowed Nourishment-and Education for so many Years, until he finds that instead of a Son he proves ah Enemy to his Family; or hath so laid wait' against his Life, that as long as he lives he can- • not be fase; or else commits some of those heinous Crimes, which, by the Laws of God and Nature, do justly deserve'no less Punishment than Death; in {hovt, when he ceases any longer to deserve the Name of a Son.

Yet this Authority holds no longer than whilst the Son remains part of his Father's Family, and so subject to his Power: And this I take to be the reason why we do not read, that Adam took any notice of Cains murdering his Brother, because he was before freed from his Power, by setting up another Family, which certainly had beenAdams Duty to have done, had he been then under his Jurisdiction j Murder being as great a Crime before the Flood as after, though the Punishment of it by Death were' not positively enjoin'd by God 'till thep. Gen ^ ^ But I shall prove this point mOre particularly by and by,.as also that Adams Children might enjoy, or enclose some part of the Earth without any Grant or

Assent

Alsent from Adam, to whom you suppose (though without any Proof as yet) that the whole Earth was given by God.

To conclude, I doubt you mistook me when you fay, I at first affirmed, that all Civil Government was ordained by God, for the Benefit of Advantage of the Subjects, rather than that of the Governours ; and therefore you undertake to shew me, that in the first and most natural Government, viz,, that of a Family, Children, who areSubjects in the State of Nature, are ordained as much for the Benefit and Help of their Parents, who are theirPrinces or Masters, as their Parents for them; in which Assertion you fall into more than one Mistake; for I do not assert, that in Civil Government the Benefit or Advantage of the Subject is only to be considered : For I shall easily grant, that Princes may very well challenge a very great share in the Honour and other Advantages that may be reaped by their Government; and yet for all that, when the Happiness and Preservation of the 'Subjects is incompatible with that of the Prince, the former is to be preferred; * Tie oWg. and Bishop Sanderson is of this Opinion, when he tells us in his Lectures * t>e cotisc. Pm/. yuramento, "That the end of Civil Government, andthe Obedience that is due to it, is the 5- £• 19- Safety and Tranquility of Humane Society; and therefore the end is certainly to be preferred before the means, when they cannot both consist together. But this is no Argument for the preferring the Benefit or Advantages of Parents before that of their Children, since Paternal is not Civil Government: Nor are Fathers absolute Princes or Masters over their Children, as you suppose j and yet I think I may safely affirm, that even in this Paternal Government, though it be granted that Children are ordained for the Benefit, or Help of their Parents; yet when their Happiness and Preservation is inconsistent with that of their Children, it may be a great doubt which is to be preferr'd, since God s chief Intention in Parents was for the Preservation and Propagation of Mankind; and therefore I cannot see how it could ever be any part of the Paternal Power, for a Father to make his Child a Slave, or to sell him to others at his pleasure, as you suppose;this being no part or end of the Design or Duty to a Father.

And whereas you lay to my charge my mistaking the true Sense of those Civil Law Maxims you have quoted ,• I think I can easily prove, that the Mistake lies on your side, and that you have misapplied them, to make them serve your purpose : for as to your first Maxim, Partm fequitur Ventrem, from which you infer, that the Child ought to be of the fame condition with the Mother, this Rule in your Civil Law relates only to Bastards, and not Legitimate Children, who fol^ low the condition of the Father according to your Digest: Qui ex uxore meanaf6l!i$. '' t'turi fi^m mar'ti st habendw,; so likewise in your Code, Cum kgitima mtptiœ fatl* Cod. Tit. 19 sunt>patrem libtri fequuntur, vulgo quafitm matrem fequitur. Nor is your second L. 14. Maxim more true; for though I grant, according to your Roman Law, the Father Dig. Tit. 5. might have absolute Power over his Wise and Children; yet I cannot see how this L. wotd,nafcitur, can be extended beyond those that are born of a Man and his Wise,

and therefore can never concern Grand-children much less any more remote Descendants; and this very Law, that a Son or Daughter might be killed by a Father, seem'd so cruel and odious, even to the ancient Romansthemselves, that neither the Law of the twelve Tables, nor the Julian Law of Adulteries, which were provided against Fathers, Sons, and Daughters, ever extended it to the Grand-father, Grand-son, or Grand-daughter by Interpretation; or Argument a cafu confimili. Nor do these Words, in Potestate mea est, prove more than that all Children are born under the Power of their Parents, though whether they shall always continue so long as they live, is not to be proved from this Maxim ; nor if it were, doth that make it a Law of Nature. For I must needs observe this of divers of you Civilians, that whatever Maxim you find in your Civil Law Books, that will make for your Notions, you presently adopt them for Laws of Nature, without ever enquiring by the strict Rules of Reason, and the Good os Mankind, (by which alone any Law of Nature is to be tried) whether they are so Or no.

I shall not trouble my self to confute those false Conclusions you have brought from those weak Premisses; for if I have destroyed your Foundation, I think your Superstructure cannot stand; and therefore you must pardon me, if I cannot find this Original Charter of Government, and of all Civil Power, to be derived from Adam by any Argument that yet you have brought either from

Scripture, Scripture, or Reason ,• only give me leave to observe thus much upon what you have said, 'That if notofily the Constitution of Civil Power in general, but the special Limitation of it to one kind, (viz,.) Monarchy, be the Ordinance of God, I cannot see how any other Government but that can be lawfully set up, or obeyed by Men, since no Government can challenge this Priviledge against Divine Institution.

M. Since this Hypothesis doth not please you, I shall be glad if you can shew • me any better Original, either ofAdams Paternal Power, or of Civil Government, than this that God gave Adam over Eve, who indeed was, as at the first B.KPi$ 3*. Subject, so the Representative of all that followed,- and it reaches not only tp all her Daughters in relation to their Husbands, but to all of them in relation to their Fathers, and to her Sons too, in relation to both their Father, and their eldest Brother after his Decease, if no Body superior to both of them, and him interposed, and diverted, or rather over-ruled it.

For (1.) If a Priority of Being gave Adam a Power over his Wife, it gave him much more so over his Children.

(2.) If God's taking Eve out of Adam, the forming her of one of his Ribs without his Concurrence, did yet make her his Inferior, his Children were much more so, which were derived from him, and by his Act.

(3.) If she were formed for him, not he for her; and that was another reason ; this extended to his Children too, who were begotten for the Comfort and Assistance of both him and her.

(4.) When God put Eve under the Subjection of her Husband after the Fall, her Children must needs be so too, if they were not excepted, but we read of no Exception.

(5.) Is it not an eternal Law of Nature, that all Children should be subject to their Parents? And did not this Law spread itself over the Face of all the Earth, as Mankind increased?

And whereas you would limit this Power of Parents over their Children, both Z&.'A in its Extent and Duration, this is purely owing to the Civil Laws of Nations* and not to the Laws of Nature, and is different in different Places; some having restrained the Power of Parents more, and some less. But God gave the Parents a Power of Life and Death over their own Children, amongst his own People the Jews, and that not limited in Duration neither, for the Father's Power over his Son was not determin'd but by his Death, though they could not execute that Power, but in the presence of a Magistrate. And I am also sure that in all the Histories and Relations I have met with, amongst civiliz'd Nations (where it is not otherwise order'd by the Civil Laws of the Country) all Husbands and Fathers have Power of Life and Death over their Wives, 1 and Children; and so it is at this Day amongst many Eastern Nations, and was antiently amongst the Romans, Gauls, and Persians, &c. Which Power I take not to have been given, or conferred on them, but rather left to them by the Civil Laws of their Country in the fame State, as it was establisli'd by the Law of Nature, or rather Nations. Now if such Husbands and Fathers antiently had, and still have a Power of Life and Death in divers Countries over their Wives and Children, I desire to know what higher Power they could enjoy, since he that hath power over a Man's Life, which is of the highest concern to him, may certainly command him in all things else?

But as for your last Scruple, that you cannot fee, if Monarchy be of Divine Institution, how any Government but that can be lawfully set up or obeyed by Men, I think it may be a satisfactory Answer, if I tell you, that if those who are born under a Monarchy can justifie the Form they live under to be God's - ^ M^' Ordinance, they are not bound to forbear their own Justification, because others * 2$$t cannot do the like for the Forms they live under; let others look to the Defence of their own Government: If it cannot be proved, or shewed, that any other Form of Government had ever any lawful beginning, but was brought in, or 'erected by Rebellion, must therefore the lawful and just Obedience to Monarchy be denied to be the Ordinance of God?

F. I hope, before I have done, to give you a clearer Original from the Law of Nature, as well of Paternal Authority, as Civil Government, without recurring to Divine Revelation, which (as I said before) would oblige none but Jews, and.Christians, or Mahometans, whose Law is a Mixture of both the other.

D In

In the mean time give me leave to teJJ you, that Eve's being the Representative of all Wives, did not put either herself or her Daughters into any absolute Subjection either to Adam, or their Husbands if it did, then could not this Subjection be likewise owing either to Adam, as the Patriarch, or Grandfather of the Family, or to his eldest Son after his Decease; since this would make every Wife in the state of Nature, to have had two absolute Lords, her Husband, and her Husband's Father, which is contrary to our Saviour's Rule, that no Man can serve two Masters, that is, in the fame kind of Service: And therefore it plainly makes out my distinction, that there is a great deal of difference between a Conjugal Submission of a Wife to her Husband, and a Servile Subjection of a Servant to his Lord, as also of that Obedience or Duty, which a Subject oweth his Sovereign; since by your own Hypothesis it necessarily follows, that either Cam's Wise (for Example) was not to be subject to her Husband, or else must be free from all Subjection to her Father Adam; But as for any Submission to Cain, as elder Brother after Adams Decease, I desire to be excused medling with it, till we have dispatch'd the Question in hand.

I come now to those fresh Considerations you bring for this Monarchical Power of Adami for indeed I cannot call them new Arguments, because most of them have been answered already. The first Consideration is from the Priority of the, Being, which you suppose gave Adam a Power over his Wife, and consequently over his Children;but I think this Priority of Being could give him no such Power at all over her, and consequently not over them;for I desire to know whether if God had been pleas'd. to haye Created, the fame day that Eve was made, twenty single Men, and their Wives, that therefore Adam must have been, from' his being first Created, Monarch over them all, unless God had particularly commanded it.?

I grant indeed that from God's Creating Eve out. of Adami it did render her inferior to him, and also from God's express Command, that she was to be subject to him.in all Conjugal Duties ,• yet did.neither of these render either her, or her Children absolute or perpetual Subjects, and;Slaves to Adam, And that their ( being deriv'd from him, or by his Act, doth not at all alter the.Case, I have al-ready proved.

As for the third, That if she were formed for him, and not he for her, that this must be another reason which must extend to his Children too: Here the Assumption is not only false, but the Consequence too: For slie was not only formed for him, but that they might be a mutual help to each other; and therefore the Gen. i. 24. Scripture tells us, A Man Jball leave his Father and his Mother, and stall cleave unto his Wife, and they two stall be oneFlest; which Words (in my Opinion) are very far from proving any such absolute Subjection; for no Man can ever tyrannize over his own Flesh j and if such an absolute Subjection had been intended from Eve to Adam, it had been more consonant to Reason, for the Scripture to have enjoin'd her to have left her Father and Mother to cleave to her Husband. Whereas in- , deed there was no more meant by this Text, than that when a Man marries, he may freely quit his Father's Family, and joining himself to his Wife, may set up another of his own. But as for the Children that were begotten between them, tho' I geant they might be intended both for the Comfort and Assistance of him, and her; yet I have already proved that the Parents are more chiefly intended for their Children's Propagation, and Preservation, than the Children are for their Interest and Happiness.

Your fourth Consideration is only a supposition of the Question which is yet to be proved; that Eve was under an absolute Subjection to Adam after the Fall. I have already proved this supposition not to be true; and therefore the consequence, as to the Children, is false likewise.

Your fifth is rather an Interrogation than an Argument, whether Children ought not to be, and have not always been subject to their Parents all over the World? In answer to which, I grant that it is true, that they have ever been so, tho' not in your Sense. For I hold this Subjection neither to be servile, or abso- « lute, not yet perpetual, as long as they live: But in reply to this limitation of the Power of Parents over their Children both in its extent and duration, you tell me, this is purely owing to the Civil Laws of Nations, and not to the Laws of Nature; and for a Proof of this, you produce God's own People the Jews for an Example, that the Power of the Father over his Son was not determined but




by his Death. But yourself confessed, that he could not exercise this Power of Use andVi^ Sslden Death, but in thepresence os the Magistrate; the Circumstances of which, if they be ie. Gtn~ consider'd, will rather make against you; for, first, the Father could not have this ^X<»s*C rebellious Son put to Death, till he had accused him before the Elders of the City, that is, the Judges who were establifli'd in every Precinct, who, upon a solemn hearing, were to sentence such a rebellious Son to be stoned to Death by all the People of the City: Where you may observe that the Father had no Power to put him to Death himself; and therefore acted in this cafe, as an Accuser, or a Witness, not as a Judge. But if you'll believe Maimonides, one of the most Learned of the JevijhRabbins, he will tell you that by the Municipal Law of _ the 'Jews, this Power of the Father did scarce extend beyond the thirteenth Year „frim. of the Son's Age, after which the Son was reckoned adult, and emancipated from bis Father's Power, and could not after that incur this Punishment of a stubborn and rebellious Son; and a Father who did but strike his Son after he was adult, in-* curr'd Excommunication, for that he offended against the Law. And tho' I grant that the Nations you mention did exercise a Power of Life and Death over their Wives and Children, yet will not the Practice of some particular Nations, tho' never so much civiliz'd, amount to a Proof of a Law of Nature, which is only to be made out from evident Rules of right Reason, and the great end of this Law, the common gocd of Mankind; and especially when against the Examples of those Nations which you produce, I can likewise set those of many more Nations, where this Custom was not allowed, after once Civil Government was establifli'd.

And as for the Romans themselves, amongst whom the greatest Examples of this kind are to be found, they will not all of them amount to above three, or four, in six or seven hundred Years; and then, tho' there might be very good cause for it, yet the People of Rome never so much esteemed or loved such Fathers after they had put their Sons to Death, as they did before, but counted them too severe and cruel for so doing. And you may read inValerim Maximus, and Seneca, that Be Clem they killed Erixion, a Roman Gentleman, for whipping his Son to Death like a Slave; so much did they abhor all such Cruelty of Parents towards their Children. And afterwards, when by the general Corruption of Manners amongst the Romans, Fathers grew more cruel to their Children, and often put them to Death without cause; those of your Faculty suppose that some of the Roman Emperors (tho* it is uncertain who) took away this Power from Fathers, and made it (as it is now among us) Murder, for a Father to put his Son to Death; tho' others suppose (since there are no particular Edicts to be found concerning this Matter) this Law to be changed by degrees, and to be left off by common consent of the Romans, themselves; for it seems dangerous, to grant to a private Person the Cognisance of any Crime, which might belong to publick Authority; and they thought it better to strengthen both the Paternal and Marital Power by other Laws than putting to Death. And therefore Simplkius, upon Epi&etus's Enchiridion, fays, that the Romans allowed Fathers this Power, because they thought they might very well trust their natural Affection to their Children, for the exercise of that Power of Selling them, or putting them to Death, which'twas supposed they would rarely use, unless compelled byextream Necessity, or unpardonable Crimes; and therefore if a Father would put his Son to Death, he was to do it with his own Hands, that he might suffer as well as his Son; but when this tender Affectipn too failed, it was no wonder that the Reman Emperors did not think it for the common good of their People to trust Fathers with this Power any Ion* ger, which they had hitherto exercised, not so properly by right of Fatherhood, as that of the Master of a Family, who governed his Servants and his Sons by a like Authority. ,..

To conclude, I cannot but observe, how flyly you wave my objection against the Divine Institution of Monarchy; for tho' you seem loth exprefly to condemn all other Governments as unlawful, yet the consequence will be the same upon your- Principles: For if it be a good Argument which some make use of, for the Government of the Church by Bishops, because that Government being supposed . by them to have been instituted by the Apostles by Divine Precept; therefore that no other Government but Episcopacy, can be lawful, or any true Church, where that Government is not in use: So the fame Argument will likewise hold in Civil Governments, that all others must be unlawful, if Monarchy alone were . ;.■ . .1 . • D a. :. . ordained

Ordained by God, and that all other Forms whatsoever began from Rebellion, or 'the Fancies of Men.

M. To answer what you have said, in the first place, I cannot so flightjy pass over this Argument of the Law of Nations, by which I supposed the Power of Fathers over the Persons of their Children is suificiently established, and from whence also it appears that among the Jews, as well as Romans, the Children were look'd upon as part of the Substance of their Father, and consequently that they « had a perpetual right in their Persons, as long as they lived; that the Romans had the Power of selling their Children three times, yourself do not deny; that theJews also had it in use among them,' appears first, by the Story of the Poor Woman, the Widow of one of the Sons of the Prophets, who complained to Chat. 4.1. Elijha, in the second of Kings, telling him that her Husbandis dead, and the Creditor is come to take her two Sons to be Bondmen. And so likewise in the New Testament, our Saviour in St. Matthew supposes it as a thing commonly practised in those parts of the World where he lived. For in the Parable of the King, who would take account of his Servants, amongst whom, one owed him Ten thousand Talents: Mat. 18.24, But forasmuch as he had nothing to pay, his Lord commanded him to be fold, and his Wife 2and Children, and all that he had, and payment to be made. Which was founded upon

that Law amongst the Jews, that Fathers might sell their Children for Bond-servants, until the Year of Jubilee, as appears by Nehemiah, Chap. 5. where he relates the Complaint of those poor Jews, who had been forced, for want, to bring their Sons and their Daughters into Bondage: Neither was it in their Powet to redeem them, forother Men had their Lands, and their Vineyards.

 And amongst the Romans, this Power of settling their Children continued, till it was forbidden by the Emperor Justinian. And as for the Grecians, Plutarch in his Life of Solon relates, that till his time it was lawful amongst the Athenians, for Fathers to sell their Children to pay their own Debts: And I suppose it was upon this account, that Cymon, the Son of that great General Miltiades, was kept in Prison by the Athenians, till he had paid the Fine of Ten thousand Talents* which his Father died indebted to the Commonwealth. And Philostratusin his Life of ApoUonius Thyaneus relates, that it was common amongst the Phrygians to fell their own Sons. And to come to more Modern Times; a Son amongst the Muscovites may be sold four times; but after the fourth Sale, the Father hath no longer a Right in him, as the Baron of Heberftein tells us in his Relation of Muscovy; and it is not only in use amongst them, but also amongst the Tartars, East-Indians, Chinefes, and the People of Japan,not only to sell their Children themselves, but also, that they are liable to be sold by the Prince, or his Officers, for their Father's Debts, or Offences: So that you see here is the consent of most of the civiliz'd Nations in the World, who sure in this follow the Dictates of Nature and Reason, in the exercise of a full and absolute Propriety and Dominion, in, and over the Persons of their Children; so that if it be a received Custom or Law amongst most Nations, it is also from Reason too, since the Law of Nations is only that which receives its obligation from theconsent of many Nations, as Grotius well observes: And Aristotle lays it down as one of the strongest Proofs, when all Men agree in any thing: And Cicero tells us, That the consent of most Nations is to be looked upon as a Law of Nature; and therefore these Customs are to be esteemed as obligatory amongst all civihVd Nations, where the Municipal Laws of those Countries have not restrained or altered this natural Power, and Interest, which Fathers had originally over the Persons of their Children.

But as for what you fay, that according to my Principles, no other Government can be lawful besides Monarchy, I shall giye you the fame answer, that some of the most Moderate of our Divines have given to those, who would make the like Objection against us of the Church of England, that believe Episeopacy to be JureDivino, viz,. That God, for the necessity of some Ecclesiastical Order and Government in a Church, may permit, nay (perhaps) allow that Form of Government as lawful, which himself never instituted j nay, which perhaps wa$ unlawful to have been set up in the Church at all: And so likewise in Civil Governments, I will not deny, that those Forms may be lawfully obeyed as the Ordinance of God, which he never instituted; but have wholly proceeded from the Rebellions, or Inventions of Men. ■ i

F. I must confess, Sir, I cannot see how any Law of Nations can be supposed to lay any Obligation upon Mankind, diiserent from the Law of Nature, and

/ Reason,

Reason, or the revealed Law of God in Scipture. And, tho' I confess there is some division amongst Learned Men about this Matter; yet I think it is far more Rational to suppose, that there are but two Laws that can be Rules of Humane Actions, the Natural Law, and the Divine. And of this Opinion is the Learned Grotius himself, in the place you but now cited, where he fays, he added the Words, many Nations, because there can searce be found any Natural Law, which is also wont to be called the Law of Nations, that is common to all Nations: Yea, that is often Iook'd upon as a Law of Nations in one Count ry, which is not so any where else; as (fays he) we lhall mew in its due place, concerning Captivity, and Postliminium.  •■■

And for a farther Confirmation of this, I will make bold to read to you in English some part of what the excellentPuffendarf hath written upon this Subject, in his Learned Work De Jure Nature & Gentium, Lib. 2. Cap. 3. which you <S? may here peruse with me if you please.

 ** The Law os Nature, and. the Law of Nations, is accounted by many, one "and the fame, which only differ by an extrinsick Denomination. And from "hence Hobbs, De Cive, c. 14. $.4. divides the Law of Nature into the natural Law "of Men, and the natural Law of Commonwealths, which is commonly cal"led Jm Gentium: And then adds, that the Precepts of both are the lame; but "because Commonwealths, when once instituted, do put on the Personal Proper"ties of Men ,• that Law which speaking of the Duty of particular Men, we "call natural, being applied to all Commonwealths or Nations, is called Jm "Gentium, to which Opinion we do likewise subscribe;neither do we think there ** can be any other voluntary, or positive Law of Nations, which can have the *. power of a Law properly so called, and which may oblige all Nations, as pro"ceeding from a Superior. But most of those things, which amongst the Hou man Civil Lawyers, and others, are referred to the Law of Nations; as sup's pose, about the manner of acquiring of Contracts, and the like, do either be"long to the Law of Nature, or else to the Civil Laws of particular Nations, "which agree together for the most part in these things ,• yet from which no "new* or distinct sort of Law can be rightly constituted, because those Laws are "common to Nations, not from any Agreement or mutual Obligation, but in a that they do by accident agree, from the peculiar Will of the Law-givers in ** each particular Commonwealth; from whence the fame things may be changed "by one People or Nation, without consulting the rest, and oftentimes are found to "be so changed." And of this he here gives us several Examples of different Customs amongst Nations, in making War upon each other, according to diverse Forms or tacit Agreements, whereby War may be managed with as little Cruelty as may be. But thus he proceeds ,• These Customs, although they may seem to

* contain some Obligation, as arising from this sort of tacit Agreement amongst "Nations; yet if any Prince shall wage a lawful War, and neglect them, or  should do quite contrary to them, he would not be guilty of any Sin against "the Law of Nature"; but only of a piece of Roughness or Incivility, that he did not make War according to those Rules of Honour, which are used among them, by whom War is looked upon as a liberal Art. [And a little farther proceeds thus:] " Amongst the principal Heads of the voluntary Law of Nations,

* Gntim reckons the Right of Ambassadors, where we also suppose, that by the "very Law of Nature, Ambassadors are inviolable even with the Enemy, as

* long as they appear Ambassadors, and not Spies, and do not contrive Plots ** against those to whom they are sent. And having Jhevm the necessity of Ambassadors

* in order to Peace, he thus goes on: But there are other Privileges attributed to Am"bassadors, especially to those who reside in a place rather to fish out the Secrets' 9 of another State, than for Peace fake; those Privileges depend from the meer "indulgence of that Prince to whom they are sent, and so, if it seems good to

* him, may be denied them, without the violation of any Right, if he will like"wise suffer that his own Ambasladors should be treated in a like manner/'

M. I see whether this Author tends, but do not understand what use you can make of it to your purpose.

F. But I will quickly shew you, if you please to have a little Patience: And therefore to apply what I have now read to the Matter in hand; in the first place, it is apparent from this Author, that the Law or Custom of Nations hath no Obligation as such, but only as it agreeth with the Law of Nature, and the Law « * .of of God; and what Laws of Nations are founded on the Law of Nature, can only be tried by some Rule, which certainly is not to be learnt from the Knowledge of the Customs or Laws of all Nations j iince who is able to know them all? .And therefore these Laws must be tried, either by the natural light of a Man's own Conscience, or else by considering, whether this or that Practice of a Nation conduces to the honour or service of God, or the common gcod and happiness of Mankind, and so may be known as well by the Unlearned as the Learned. Now I suppose you will not affirm, that this Law of the absolute Property and Dominion of Fathers in and over their Children, can be discovered by either of these ways; or that a Man's Conscience will tell him, that it is his Duty to let his Father kill him or fell him, or use him like a Brute, without any Contradiction or Resistance. And as for the other, I think I have sufficiently proved, that this absolute Power, which you assert of Fathers over their Children, doth not proceed from that great Law of Nature, viz,, the common Good and Preservation of Mankind, to which the Practice of it may prove very destructive ; which, if proved, I think ■I may easily answer all that you have now said about the particular Customs or Laws of divers Nations concerning this matter, tho' your Instances were many more than they are.

For, in the first place, as for those you alledge out of Scripture, they do (as I said before) only regard the Municipal Laws of the Jems: Those of the Romans touching this matter did only concern that Commonwealth whilst it was in being, and no other Nations whatsoever. And for this Opinion I have both Grotim and Puffendorfof my side: For the former, in the beginning of the Chapter last quoted, after having set down the different Powers which Fathers may exercise over their Children, according to their different Ages, thus affirms: "Whatsoever is beyond "thsse Powers, proceeds only from a voluntary Law, which is different in divers "Places: So by the Law which God gave the Jews, the Power of the Father "over his Son or Daughter, to dissolve their Vows, was not perpetual, but only "endured as long as the Children were Parts of their Father's Family.

And by the fame Rule I may add, that Children were not reckoned as part of their Father's Gocds, and to be sold by him, or seized upon by Creditors for his Debts, any longer than they continued Members of their Father's Family, and consequently were not seized upon as his Sons, but Servants. And I defy you to shew me an Example, where ever among the Jews, the Children, after they were adult, and parted frdm their Father's House, were sold or seized as Slaves for their Father's Debts. And as for the Remans, it is plain they acknowledged theirPatria Potestas to be in use amongst them neither by the Law of Nature or Nations, but only from their own Civil Law, as appears by this Title, almost at the very beginning of Justinian's Institutions (which, as I suppose, you know better than I) . (.2.-Patria Potestas est Juris Civilis & Civium Romanorum propria. The Text follows in these Words (as I remember) Jm Potestatis, quod in hleros habemus, proprium est Civium Romanorum ; nuUienim alii sum homines, qui talem in liheros habeant potestatem, qualem nos habemm : And therefore they would not permit Strangers to exercise it over their Children within the City of Rome. And if the Power of the Father amongst the Jews and Romans was not by the Law of Nature or Nations, no more could it be so, tho' exercised amongst never so many other Nations; since jf .it were one of the Laws or Precepts of Nature, it could never have been taken away or restrained by any Civil Law, no not by the express Consents of all Fathers. And as for your Instance oi'Cjmon amongst the Athenians, it makes nothing to this purpose; since, if I take it at the worst, it maketh no more, than that the Atbe* nian Commonwealth dealt very ungratefully and tyrannically with Mihiadesand his .Son; an^ it might be that they kept him Prisoner, as being Heir to his Fa-^ ther's Principality in theThracian Chersonnese, out of which they supposed he might pay the Debt j as the King with us doth often put an Heir in Prison for his Father's Debts, where he hath Assets by Descent

But for all your odier Examples, unless they have a Reason in Nature to support them, they will no more prove that by the Law of Nations Fathers should have a Right of Life and Death, ot of selling their Children, than if you should argue from the common Custom amongst the Lacedemonians, the Aborigines in Italy, the Inhabitants of the Kingdom of Sofhiris, as amongst the Indians mentioned by Qit. Curtim, and the Chineses, and the Inhabitants of Formosa at this Day; all which either did, or now do destroy their Children as soon as they are brought

* . forth,

forth or else in the Womb before they are born, if they please so to dc And
as for some of these Nations you have instanced in, and particularly the Musco-
vites who
can sell their Children but sour times, it is apparent it is only a Muni7
cipal Law; for
if the Property of the Father over the Sons Persons were by them
looked upon as perpetual, he might not only sclrhim four times, but forty, if it were
possible. And after all, I suppose you will not be ty'd to follow the Practice of
the Muscovites
in other Actions, as a Pattern for other more civilized Nau'qns

But on the other side, I have, against this Custom of your Nations, ,the Examples of divers altogether as wise and civiliz'd, who did not permit Fathers to exercise this absolute Power over their Children j and therefore against your Example of the Jews I set that of the Egyptians, who did not permit Parents to^ put their Children to Death, nor yet to sell them, unless in case of great nece£* sity, and when they could not otherwise maintain them j and then I grant ir may be necessary. So likewise against your Roman Law, I set that of all the Greek Na» tions, none of whom permitted Fathers to put their Children to Death, except Tluunb. the Spartans; and that was only in one case, and that with the Judgment and ty"«g»' Consent of the eldest Men of the Family, when their new born Infants were so weak or ill shaped, as to be thought not worth the rearing- So like wise against your Examples of the antierit Gauls, I set that of the Germans, a Nation altogether as wife and civilized as the other, to whom I could likewise add the antient Britains, Spaniards, and divers others. And to the more modern Examples of the, Eastern Nations, where this Custom is permitted of selling or killing their Children, I shall oppose the Turlls and modern Persians, amongst whom it is forbidden, as also amongst all the Nations of Europe, who believe Christianity: And if we go over to America, we (hall find that they are there so indulgent to their Children, that no Fault whatsoever, tho' never so grear, shall make them put them, to Death, And to let you see that this is most suitable to Reason, the two greatest Philosor, phers amongst the Greeks, Plato and Aristotle, have condemned it ; \the former yi\ his Laws, where he exprefly forbids it, supposing that in no cafe whatever aiFa-> ther ought to put off all Piety and Humanity towards his Son,, and that, a Son, should be rather led by Nature, than driven by Force, to obey hi^r Father, ,j esoe-, dally since his Power is sufficiently establiihed by the Law, and tfe appointing of publick Judges- And Aristotle, in his Morals to Nicomachw, W. 8. cap.n. afo cuses the JusPatrium,then in use among the Persians^ as tyrannical-: An4 Grotim. tells you, he produces these Examples of the Romansand Persiansf only that,we. might distinguish Civil Rights from Natural. From whence it appears, that the,^,/. p. /£„. putting of Children to death by Parents was look'd upon as an pdsoiis thing raongst the wisest of the Antients; and therefore neither the, ije^Regia, nor the Juiicatarum Law of the XlJ Tables, nor the Julian Law de Adulteriis(all which left Fashe-rs L-vi- &D a Power over the'Lives of their Sons and Daughters) yet would extend this Powerz^nlathne by Interpretation to the Grand-father towards his Grand-son or .Grand-daughter. , fjiherorum.

M. Yet for all this, I think all the wisest and most civilized Nations, .were, of. my opinion, and it is from them that we ought to take this Law of Nations rather than the others; and therefore I think the Romans were a great deal wiser, and better People than the Greet, and the antient Gauls than the Germans. Nor* does your Argument against this Power of Life and Death in Father? by the Law', of Nature scent cogent, that if it were so, it could never be taken away or.t restrained by any Civil Law; since this Argument will make as much against tha*." Power of Life and Death, with which you invest your Fathers of Families in the btateof Naturej since if they have it by the Law of Nature, it could no more , uVcafe-1 °r Uken 3Way by CiviI LawS' than any Paternal Power in tne • fli 1vay' Sir'1101(1: If this Controversy is to be decided by the Wisdom and., ftn \ vai °s Nations> we sta11 never have done « For in the first place, ,who i t h A °f thlS Consent of tlie most civilized People? and that no account is • to be made of those whom you call barbarous1; for what Nation will acknow-' wage it felt to be so, or can arrogate so much to it self, as tW'-— au others to conform themselv es tv» *i 1


{24}

exceed all others in Knowledge. And yet on the other side there are divers Na"4tions, who prefer themselves tar before us; and I have read that the Chmeses have a Saying, that the Europeans fee with one Eye, themselves with two, but that all the rest of the World are stark blind; and yet this Nation maintains a Power of selling and exposing their Children, which we Europeans abhor. Now pray tell me, if there is not some common Rule to be drawn from Reason, or the common good of Mankind, how shall we judge which is in the right? So that notwithstanding all that hath been said on this Subject, I think I may safely conclude with the Judgment of the Learned Ptiffendorf, in Lib. 6. Cap. 2. where speaking of the Paternal Power, he says thus : "But neither the fame Power, as such, seems "to extend it self to that of Life and Death by reason of any fault, but only to a "moderate Chastisement. For since this Authority is employed about an Age ** that is weak and tender, and in which such incorrigible Crimes can hardly be "committed, which nothing but Life can expiate ,• it is much better that a "Father should turn out of doors a Son, who doth wilfully refuse through Obsti<r nacy and Wickedness all due Correction. So that Abdication and Disinheriting "seems to be the utmost Punishment which can be inflicted by a Father on a ? Son, considered as such.

M. I see it is to no purpose to spend longer time about this Question; since yourself have all along allowed, that the Father of a separate Family in the State of Nature hath a Power to put his Wife or Children to Death, in case they have committed any heinous Sins or Offences against the Laws of God or Nature. But you have not yet told me (and I doubt cannot) how Adam, or any other Master of a Family, could be endued with this Power of Life and Death, unless it were granted him by God. /

F. I promise to give you full Satisfaction to this Question by and by ; but in the mean time, pray let me make it a little more plain to you, that this Power of Life and Death, which may be exercised by Masters of separate Families over their Wives and Children, in some cases, is not by any Power they receive from God, as Husbands or Fathers,- but only as Heads or Masters of such Families, may be proved by this Instance : Suppose a Master of a Family, independant on any other (as in the Indies) hath neither Wife nor Children; yet sure he hath notwithstanding the fame Power of Life and Death over his Servants or Slaves, for such great Offences as you have mentioned, in case there be no superior Power over him to take cognizance of such Crimes. And to make this yet plainer, suppose a married Man, having a Wife and Children, will live (together with them) in the Family of such a Master as I have now described (yet not as a Servant, but as an Inmate or Boarder) and whilst he so continues, his Wife kills one of her Children, or one of his Sons, murders his Brother, who hath R^ight to punish this Offence, but the Master in whose Family he is an Inmate? And this follows from your own Supposal: For if every separate Family in the State of Na-. ture be a distinct independent Government, then all those that enter themselves, as Members of such a Family, must be subject to the Master or Governor of it. Nor do you reduce me into any Absurdity by your Reply to my Argument, by urging, that if the Power of Life and Death were originally in Fathers by the taw of Nature, it could never be restrain'd nor taken from them without their Consent: That then this will make as much against the like Power of Masters of: Families; since I must grant, this is taken away by Civil Laws; and why may not the other? To this I reply, that you do not observe the strength of these Words, Without their Consent: For I suppose that no Power whatever can take this out of the hands of such Fathers, cr Masters of Families, in the State of Nature, without they assign it to the Supream Powers of the Commonwealth upon its first Institution; whereas you make this Power to be obtainable by Force, by Conquest, or Usurpation, not only over those that are not at their own disposal, as Children and Servants, but over their Fathers and Masters too, without their Consents ; which is contrary to the Law of Nature and Reason.

M. I see you take it for granted, that I will admit your Instance of the Power of Life and Death to be in the Masters of Families, and not as Fathers, in the State of Nature: But as plain as you think it, since you question the Power of Life and Death, which I suppose to be inherent in all Fathers; I know not why I may not with more Reason question your allowing the like Power to Masters of separate Families, since there is no reason, in my Opinion, which you can bring

1 for for such a Power in yOur Masters of Families, which I cannot with like reason urge, may be also exercised by Fathers and Husbands over their Wives and Children, in cafe they deserve it. For if it be for the Good and Preservation of Mankind, that great and enormous Crimes, such as Murder and Adultery, sliould be punished, and that with Death; who is more fit to inflict these Punishments, or who can be supposed to judge more impartially of them than the Father or Husband himself? since he cannot put his Son or Wise to death, however they may deserve it, without very great reluctancy; since he, as it were, thereby lops off a Limb from his own Body. And therefore I cannot fee any Reason why such a married Man as you describe should, by coming under another Man's Root . only as an Inmate or Boarder, and.not as a Slave (which I grant would alter the Case) lose that Power of Life and Death, which I suppose he hath by the Laws of God and Nature over his Wise and Children, unless he had actuallygiven it up to the Master of that Family, with whom he came to board. And therefore as I do not deny, but that a Master of a separate Family hath Power of Life and Death, and also of making Peace and War with other such Masters of Families, nay with Princes themselves, if there be occasion as we read in Genesis,Ch. 14, that Abraham made War with the four Kings who had* taken Lot Prisoner. So likewise when Judahpronounced Sentence of Death against Thamar his Daughter-in-law, for playing the Harlot, Bring her forth, fays he, and let her be burnt^ Gen. 38. I own this was not dorte by the Authority of a Father alone (she not being his own Daughter, and his Son being then dead) but as the Master of a separate Family, who hath (I grant) Power of Life and Death, as he is Lord over the Persons of his Children, as Servants, and consequently over their Wives also: For if he hath Power over his Son, he hath certainly the like over all that belong to him, as long as they continue Members of his Family, and that he hath not thought fit to manumit or set them free. But now I desire to know by what Right these Patriarchs could exercise all these Marks of Sovereignty, especially this great Power os Life and Death, unless it were derived from God at first; since no Man hath any Power to dispose of his own Life at his pleasure, and therefore sure hath naturally no Power over, that of another Man's: So thattoot only thisPower of the Patriarchs± but' also that of all Monarchs to this day, must be derived from this Divine Original..,•/.■ .." . A ■ .

.. R Well then, I find you're forced to quit the Power of a Father, as such, by Generation; since it plainly appears, that this Power of Life and Death, which

Si affirm a Husband or Father may exercise over their Wives or Children in the te of Nature, is not, quatenus a Father, but Lord and Master over them; which in the first place I cannot allow, to be true.ip relation to the Wise; nor that the Submission ofthe Wife's Will to the Husband must imply a Power of Life and Death over her: For if she is not his Slave (as certainly she is not, for then a Man might sell his Wife when he pleased) I cannot see how she herself could convey by force of the Contract any such Power over .her Lisei tho' I grant indeed, if she happen to commit Murder upon one of her Children, or other Person of the Family, he may proceed against her as an Enemy, but not as a Subject; and if it be for Adultery it self, I cannot see that the Husband can by the, Law of Nature punish her with Death : For since that Crime doth really dissolve the Bond of Matrimony, Divorce, or putting her away, and deserting the Child born in Adultery, was even among the Romans look'd upon as a sufficient Punishment. But as for the Power of Parents over their Children, I do not deny but that a Father may have the like Power over his Children whilst they are part of his Family, as over his Slaves or Servants, in case of such great and enormous Crimes as you have already mentioned; but that this is not as a Father, but Master of a Family,N your self have already granted in your Instances of Abraham and Judah tho' if you will consider the last a little better, you will find that Judah did not proceed thus against 'Thomas, as her Father or Master, but by some other Right: For if you please to look upon the nth Verse of that Chapter of Genesis, from whence you -cite this Example, you will find that Thamar, after the Death of Onan her Husband, went with Judah's leave, and dwelt in her qwn Father's House, and she was then a Member of his Family, and consequently (according to your Hypothesis) not under Judah's Power, when she was thus got with Child by him; and therefore not he, but her own Father ought to have condemned her, if this Judgment had belonged to him as to the Master of the Family. And therefore some

. E of

of the Rabbins with more reason suppose, that when Judah gave this Judgment against Thamar, he did not act either as a Father or Master of the Family; for he was then under the Power of the Canaanites (who certainly had some Civil Government among them at that time) and therefore they suppose that he acted thus as a Civil Judge, appointed by the Prince or supreme Magistrate of that Nation.

But to defend the Instance I have given you of a Father of a Family losing his Power of Life and Death, upon his becoming a Part or Member of another Family; you your self have already yielded me as much as I can reasonably desire for the defence of my Assertion, since you allow this Power of Life and Death to Fathers, not as such, but as Lords and Masters over their Children, as over their Slaves; and if so, I desire to know who can challenge this Power but the Master of the Family with whom he lives, unless you can suppose two distinct Heads or Masters in the fame House; and then they will not be one Family, but two, under different Heads, each of them still retaining their distinct Rights, But you wilt fay, that this Boarder or Inmate is not a Servant or Slave to the Master with whom he lives, and therefore hath not forfeited or given up his Right or Power of Life and Death over his own Children to him. It is no matter whether he did or not, since by making fcimsclf a Member of the other's Family, he ceased to be Master of his own, and consequently must lose all the natural Rights or Prerogatives belonging to it, of which I grant this of Life and Death to be the chief: For if Families in the State of Nature are like so many distinct Commonwealths, independent upon each other ; it will likewise follow, that the Heads of those Families must be in all things necessary for the Good and Preservation of the Family, like so many distinct Civil Sovereigns, and consequently must have a Power of Life and Death, and also of making Laws, with Punishments annexed to them, in all Cafes where the Good and Peace of the Family require it. If therefore in a Civil State, or Monarchy, an absolute Prince tome into the Dominions or Territories of another, it is acknowledged by all Writers on this Subject, that such a Prince loses that Power of Life and Death which he had before, and cannot exercise it as long as he ic in the other Prince's Dominions: So by the fame reason, if Masters of Families, in the State of Nature, afe like so many Civil Sovereigns, it will follow, that they must cease to be such, when they become Members of another's Family, unless you will fall into the Absurdity os supposing two absolute independent Heads, ^r Masters, in one and the fame House; which, what a Confusion it wbuld bring, I leave to your self to judge. .. >

M I stall not much dispute this Power of Life and Death with you, as belonging to Masters of separate Families : But pray shew me how they can exercise this.Power over the Lives of those that are under their Jurisdiction, unless it were granted them by God, by virtue of that original Power given to Adam, not only as a Father, but Prince of his Posterity.;

P. I do not doubt but I shall give you a satisfactory Answer to this important Demand, without supposing any extraordinary Divine Commission from God to Adam: For as for your Instance of Abraham's making War, Leagues, or Covenants with other Princes, it is no more than what any Master of a separate Family may do for his own and their defence; and what, if you or I were Masters of a Family in the Indies, where there is no Power above us, we might do as well as Abraham; and all this without any otherCommission from God, than the great Right of Nature, Self-preservation, and the Well-performance of that Trust which Cod hath put into our hands, of defending and providing for our selves and our Families; since if God hath ordained the End, he hath likewise ordained all Means necessary thereunto : and therefore there is no such great Mystery in this as you suppose.  -' ".-m

M. If there were no more in it than a mere Right of Self-defence, for which I grant Retaliation or Revenge may be also necessary, you would have a great deal of Reason on your side : But pray shew me how a Father, or Master of a Family, can condemn either his Wife, Child, or Servant to Death, as a Punishment for any enormous Crime, such as I have mentioned (and you agreed to) without such a Divine Commission as I suppose Adam had; since I own Revenge or Retaliation may be used by private Men in the State of Nature, by the Right of Self-defence, 'which 1 grant may be exercised between Equals. But since all Punishments, properly taken, are the Acts of Superiors towards their Inferiors, I cannot concetue how any Father, or Master of a Familv, can inflict so great a Puniflament.as

Death Death upon any Member os it, unless he derived this Power immediately from God, by vertue of the Divine Charter committed by him to Adam, and from thence to be derived to all Masters of Families, or Civil Sovereigns, who could never derive this Power from the joint Compacts or Consent of Fathers, or Masters of Families; since no Man could convey that to another, which he had not himself. And I have already, I think, with a great deal of Truth asserted, that no Man hath Power over his own Life, to take it away when he pleases, and therefore cannot have it over another Man's; much less can convey any such Right to others, except it were granted at first by God, in the manner I have supposed, which I conceive may easily be made out by several Places in Gene/is j by which it plainly appears, that Adam, and after him Noah, were supernaturally endued with this Divine Power.

F. Though I sm satisfied that this Hypothesis is extreamly absurd; since if it were so, only Christian or JewistSovereigns, or Magistrates, who acknowledge the Scriptures, could lay any claim to, or exercise this Divine Power j whereas we find it practised by all those Nations, with whom the Memory of Adam and Noah is quite lost, and therefore must claim this Prerogative, not from any revealed, but natural Law of God: Yet however, since you think you have such clear Texts of Scripture on your side, 1 desire you to produce them, tho', if they fliould make out what you fay, they would only serve to confirm, by Divine Revelation, that Prerogative of Life and Death, which all Masters oi. Families, as well as. Civil Sovereigns, enjoyed by the Law of Nature, before ever the Bible was written.

M. As for my own part, I am so well satisfied of this Supream Power of Life . and Death granted at first by God to Adam, and after to Noah, that I cannot * fee that without the Supposal of this, any Supream Power could lawfully be.exercifed by Civil Sovereigns at this Day : And therefore I am of Mr. Selden's Opinion, who in his most learned Treatise, De Jure Gentium apud Hebraos, maintains, with the Jewish Rabbins, That the Law of Nature can never be plainly provedt and made out by Reason, without a Tradition of its Precepts, as given by God to Adam, and thence conveyed to Noah, and his Posterity : Which Divine Laws, 6r Commands, are called by theJews, the Seven Precepts of Noah, which' whatsoever People would observe, they permitted them to live its Inhabitants among them; though they did not embrace Circumcision, or those other Rites and Ceremonies commanded by the Law of Moses.' Now amongst these Precepts, that of instituting publick Judgments for Capital Crimes, is one of the first, in pursuance of that Command which God gave Noah immediately after the Flood,Gen.9. v. 6. Whosoever fieddeth Mans Blood, by Man Jhafl his Blood be pied; for in the Image of God made heMan. By which Text almost all Commentators understand, that it is not any common Man, but the Person of the Civil Magistrate, or Sovereign, that is to be meant : Since it Would be both impracticable, and also breed great Confusion in Civil Societies, if by this Word Man, every common Person, not endued by God with this Supream Power of Life and Death, {hould be understood; and therefore I do suppose, with the most learned Jews, that this Power was first exercised by vertue of that Divine Charter that was given of it by God to Adam, and then renewed again to Noah, by the Text above-mentioned.

Now that Adam had, by Divine Grant, an absolute Dominion over the whole p p.o.n World, and all Creatures therein contained, will appear from Gen. i. v. 27, 28. an. (Here is the Bible, I desire you would read it with me.)So God created Man in bis own Image, in the Image of God created hi him; Male and Female created he them:And God blessed them; and God said unto them, Be fruitful and multiply, and replenish the Earth, and subdue it;and have dominion over the Fijh of the Sea, and over the Fowl of the Air, and over every living thing that movethupon the Earth. By which Grant, or Donation, from God of subduing the Earth, and having dominion over the Creatures, Adam was made the general Lord of all things, with such a particular Propriety to himself, as did exclude his Children from having any sliare in it. So that if Cain had his Fields for Corn, or Abel his Flocks, and Pasture for them, it was only by Adams Grant, or Assignation, none of his Children or" Descendants having any Property in Lands or Goods, without his particular Grant, or Permission. 1

F. You must pardon me, Sir, if I cannot be of your Opinion, that all th« Precepts of the Law of Nature must depend upon no firmer Foundation, thaa

E 2 a Tradition

a Tradition of the seven Precepts, supposed by the Jewist Rabbins to be given to Adam, and Noah, and from them conveyed to all their Posterity; fince we find not the least mention of any such Precepts in the Scripture, or inJosepbus, Philo Judaus, or any other antient Writer, but only in the Talmud: Which, though it pretends to a great Antiquity in its Traditions, yet any judicious Man that will but peruse it, may easily see the Falfliood, as well as Absurdity of the pretended Tradition of, these Precepts j one of which is against eating the Members of any living Creature, which savours so strongly of a Jewish Superstition,_ that if that were a true Precept, or Law of Nature, no Man could eat a Difli of Lambstones, or a Black-Pudding, without sinning against the Law of Nature: And it is very improbable to suppose, that all Mankind, except Jews, Christians, and Mahometans, should be obliged to live or act by those Laws or Precepts they never heard of. For if (as you your self must.grant) the Memory or Tradition of these Precepts be quite lost amongst all Nations, except the Jews, it is all one as if they had acted without any Law at all; and consequently, if they have not some better grounds for their Observation of the Law of Nature, than these Precepts of Noah, I doubt whether (according to your Hypothesis) all Civil Sovereigns, that do not own the Original of their Power of Life and Death to this Divine Charter granted to Adam, and Noah, are any better than Murtherers, since they take upon them to exercise this great Prerogative without any Divine Authority for so doing. But I hope to shew you, before we have concluded this Conversation, that not only the Power of Life and Death, but also other Laws of Nature, may easily be deduced, by Reason, to have been given by Gcd to Mankind, by the ordinary Course of his Providence, without recurring to Divine Revelation ; which can only oblige those that have heard of it. r But since you lay so much stress upon those Texts of Scripture you have now cited, I pray give me leave to examine, whether they will bear that Sense you put upon them. As for the first of those Texts you quote, tVIiofoever fheddeth Man's Blood, by Man JhaU his Blood bested, &c. Suppose I should take it in that sense you put upon it, only to extend to Civil Sovereigns, or Magistrates, it will be so far from proving a Power of Life and Death to have been granted by God to Adam, and from him conveyed to Noah, that this Place seems to imply the contrary; for if it was a known Law before, that Murther was to be punished with Death by a Father, or other Magistrate, to what purpose was this Command now given to Noah?Since if it were a Divine Law before the Flood, wherefore'is it here repeated? And therefore all Expositors agree, that tin's is the first Precept enjoining Murther to be punished by the Civil Magistrate, which, before, any of the Kin of the Person slain might have executed ; as appears by Genesis 4.V. 14. when Cain said unto the Lord, /stall be a Fugitive, and a Vagabond on the Earth; and it stall come to pass, that every one that findeth me, stallflay me; which had been a needless fear, if none but Adam had a Power to take away his Life for the Murther of his Brother, as you suppose; much less that God should have needed to have set a Mark upon him to keep him from being murthered by his Brethren, or other Relations. Nor will that other Place you cite out of Genesis proveAdam's sole Dominion over the Earth, and all the Tilings and Persons therein contained: For if you please to consider it, you will find, that it is so far from proving your Opinion, that it speaks the direct contrary. Pray thercr fore observe of whom Moses speaks in that Place: Surely, not of Adam alone, when he fays, Male andFemale created be them; and God blessed them, and sard unto them, Be fruits ul and multiply, and replenist theEarth, and subdue it, and have Dominion over the Fist of the Sea, and ever the FovSl of the Air, and over everyliving thing that moveth upon the Earth: From whence we may observe, first, That these M. p. Words being directed in the plnral number, both to the Male and Female, were not intended to Adam alone j but by way of Anticipation, not only to himself, and Eve, (who was not then made) but likewise to their Posterity (that is) all Mankind: Then that they should be fruitful, and multiply, and replenist the Earth, and subdue it, (that is, possess arid enjby it) and ha ve Dominion, &c. over every living thing that moveth (in the Hebrew) creepeth upon the Face of the Earth. By which Words it appears, that not any Dominion over Mankind, but only over Brutebeasts, that move or creep upon the Earth, is hereby conferred. And that this must be the true meaning of this Place, is plain, if you will but read the two next Verses that follow. And Cod said, Behold I have given you every Herb




bearing See J, which is us on the Faie of all the Earth; and every Tree, in which is the Fruit of a 'free yieldingSeed; to you it Jhall Le for Meat. And to every Beast of the Earth, ti>/J to every Fowl of the Air, and to everything that creepeth upon the Earth, wherein there is Life; I have given every green Herb for Meat; and it was so.Which Words are certainly directed to the fame Persons as the former (that is) to all Mankind, by the fame Argument as that every green Herb is here granted for Meat to cvery-Beast ot" the Earth, and every Fowl of the Air, &c. that then was, or ever stall exist in Nature. - So'fthat this Text, which you have cited to prove this absolute and sole -Dominion of Adam over the Earth, and all tlie Creatures therein contained, -is so far from proving any such thing, that it seems to me to make out -the direct contrary Doctrine, viz,, that the Earth, and all the Creatures fherein, were iiot grahted to Adam alone, as the sole Lord and Master of them; but in common to himself, his Wise, and all his Posterity, who had as good a right to them, as he had himself. So that I must tell you, if you intend to bring; me over-to your Opinion, you must produce some better Proofs out of' Scripture, or Reason, than those made use of by Sir R. F. And therefore I desire that you would give me some plainer Proofs for Adam's absolute Power over his Wise, and all his Posterity, than hitherto you have done ; since I cannot see any Divine Charter granted by God in Scripture, of any absolute Power, or Dominion, over their Lives^or Persons.

As. I shall, Sir* do my best Endeavour to give you all the Satisfaction I can possibly therein; therefore I desire you farther to take notice, that Mr. Selden, in his Mare Clavfum, from the ancient Tradition of the jewist Rabbins,L.i. has understood this Text-in Genesis, to give Adam an absolute Power over the Earth, and all things therein contained, exclusive to his Posterity, as long as he lived. So that if Sir R. F. and divers pthers,,have erred in the sense of this Place, I believe it is more than you or I can prove, since sore they would not have put this fense upon it, without they had seme gQod reason for it.

But this much, I suppose, you will admit, that Adam was created by God, and is in Scripture called the Son of God, as indeed he was; and if so, let Luk. your self, or any other rational Man consider, whether it be at all likely that God stould not endow this Son of his, the Father of Mankind, with so much Authority and Power as mould enable "him to govern his own Family, and Chil-B- pdren, as long as he lived, without depending upon them for their Consent, and Se^* chopping Logick with them, whether his Commands were reasonable, or lawful or not? And if a Powor of Life and Death was necessary (as the Murther of Abel by Cain {hews it was) whether Adamhad no more share in that Power, than any of his Children or Grand-children: Which is sufficient to stew you the Absurdity of your Tenets, that the Authority of Adam over his Posterity was not absolute in its Exercise, as well as perpetual ia its Duration : And this, I think, you cannot but admit, because you have already acknowledged this Power of Life and Death to proceed from, or to be granted by God to Adam; and so consequently must have continued with him as long as he lived.

F. Well, I perceive you find your Monarchy, or absolute Dominion of Adam over Eve, and all her Posterity, as also over all. the Creatures of the Earth, not tef be proved from any of these places of Scripture you have brought for this extravagant Opinion-; and therefore you now urge upon me my own concession of this fupream and absolute Authority of Life and Death, which I do not deny but Adam might have exercised in some cases over his Wife and Children, as long as they continued part of his Family: But that he was not endued with this Prerogative as a Father, but as a Head or Master of his own Family, I think I have sufficiently proved, and therefore need not repeat it. And indeed, your own Instance of the Murther of Abel by Cain, (which, for all we can find, past unpunished by Adam) sufficiently proves, That this Power of Life and Death over his Children or Grand-children, when once they were separated from his Family, was not a necessary Prerogative of his Government; or else that his Children, and Grand-children, when they have erected new Families of their own, had it as much from God as he; and that from the fame Reason which you give, why God endowed Adam with it, viz-, because without such a Power, they could not have been enabled to govern their Children and Families as long as they lived. So that Adam's being created by G<5d, or called his Son, gave him not a jet more power over his Children, and his Defcendents, than wliar, as a Master, or

Head of a Family, he would have had by the Law of Nature however; and ir is all one in this Cafe, whether you suppose Mankind to have been created by God, or to have existed from all Eternity, provided you .hold the Being of a God, according to the Hypothesis of the more Modern Platonists, who though they held the Eternity of the World, yet likewise owned all things to be governed by God's Providence: And therefore, if on this Supposition Mankind could not be well governed nor preserved, without inflicting of Capital Punishments for great Crimes, and that they are necessary for its Peace and Preservation; it is likewise as neceflary, that there should be some Judge appointed by God to inflict them, which in the State of Nature can be only the Head, or Master of a Family; as after Civil Government is once instituted, it belongs to the Civil Sovereign or Commonwealth. And this I hope will serve to answer your Scruple, how Adam, or any other Master of a separate Family, may very well be endued with this great Power of Life and Death by the Law of Nature, without supposing any Charter granted him for it by Divine Revelation; or else depending upon his Children's consent for his Exercise of it.

But before I farther consider, whether this Power of Adam, or of any other Father or Master, be perpetual or not, and extends any farther than his own Family, give me leave to examine, whether or no Children, when grown to years of Discretion, and even while they continue Members of their Father's Family, may not in some cafes chop Logick with him, (as you call it) and not only question, but judge whether his Commands be reasonable or lawful, or not; or else Abraham (for Example) must have sacrificed to Idols, because his Father bid him. WhereasJosef bm tells us, He rather chose to quit his Country, and his Father's House, than to Jin against God. And therefore I think you cannot deny, but if Husbands or Fathers command their Wives or Children to do any thing that is morally unlawful, or contrary to the Laws of God, or Nature, they may lawfully (nay are obliged) not to obey such unlawful Commands.

M- I shall so far agree with you, that if the thing commanded be apparently contrary to the Laws of God and Nature, that they are not obliged to obey their Commands; but they must be evidently, and apparently so, before they thus take upon them to refuse Obedience to them; otherwise I deny, that their Conscience, however misguided, ought to be any excuse, or just ground of their Disobedience. For if their Conscience be truly grounded upon the Laws of God, or Nature, that will excuse them; but if it be not, Conscience without such a Law can never^do it. And yet this Non-performance of the unlawful Commands of the Husband, or Father, may very well consist without any Anarchy, or Disorder in the Family; since the Wife and Children must always yield him an active Obedience, in performing all his Commands, or else a passive one, in submitting to whatever harsli Usage,or Punishment, such a Husband, or Father, shall please to exercise or inflict upon them for their Nonpersormahce of them, though never so unlawful. But yet certainly in all possible and indifferent things, Children are bound to yield, not only a passive, but an active Obedience to their Father's Commands: For if his Children ftiould have a liberty to judge of his Commands, whether they are reasonable or not, what can ensue but Anarchy and Confusion in all Families?

F. Well, I am glad we are so far agreed, that a Wife and Children in the state of Nature have liberty to judge of their Husband's and Father's Commands, whether they are lawful or not, and also to disobey them when they are not so: And I think I may carry this a little farther, and affirm, that such Wife and Children ought not to obey the Commands of such a Husband, or Father, though they are not really contrary to such Divine or Moral Laws, but only erroneously supposed so by them; and therefore most Casuists agree, that even an erroneous Conscience does oblige, as long as a Man lies under that mistake. For St. Paul tells us, Whatsoever is not of Faith, is Sin, Rom. 14. Nay farther, such an erroneous Conscience may excuse a Man before God, if his ignorance was not wilful, but invincible, and not proceeding from his own fault; but of this no Man can judge but God alone, and the Party whose Conscience it is; and therefore such a Husband, or Father, can have no right or authority to compel their Wives and Children to perform such Commands, because the Will ought always to follow the Dictates of the Understanding; and therefore they should not be forced to do that, which they judge contrary to God's Moral or Divine Law; since Conscience may be injhutled, but can never be forced. Neither will your distinction of an active and passive Obedience help you in this Matter: For active Obedience I understand well enough; but as for passive Obedience, I think it is next door to that we call a Bull or Nonsense. And to prove this, I shall give you this plain Instance; suppose you had a Jew to your Servant, and should command him to do you some Work or other on aSaturday, which he judged a Breach of the fourth Commandment, that forbids him to work on the seventh Day, (or Sabbath) und you being very angry, should cudgel him soundly for this refusal; whereupon he tells you, that you may beat him as long as you please, he would not resist, but yield a passive Obedience; but yet could not perform your Commands: J ask you now, whether you would rest satisfied, that this Jewish Servant had sufficiently performed what you bad him, by submitting to your cudgelling? And whether your Dinner or Horse would not be as much unUrefled after this fort of passive Obedience, as it was before?

As. Perhaps indeed this Phrase of Passive Obedience may be somewhat improper, and may be more properly termed an absolute Subjection, or Submission; but itis all one what we call it, as long as you understand what we mean; since such Submission doth sufficiently avoid that Anarchy and Confusion which would necessarily follow, in case it were lawful for Wives, or Children, in any case ■whatsoever, to relist their Husbands, or Fathers, though for the defence of Life it self; .since no Government can be maintained, where the Parties governed have a right to resist their Superiors, or Governors, in any case.

F. I grai^t indeed, that no Government can be maintained, where the Parties p. n. M. governed resist their Superiors or Governors in the due exercise of their Power if. no. but when they exceed those limits, they cease to act as true Superiors, or Governors; and therefore when, instead of Husbands, or Fathers, they prove Destroyers of their Families, I doubt not but they may then be lawfully resisted by them. For suppose such a Father of a Family should, in a furious or drunken fit, go about to kill his Wife, or one of his innocent Children; can any Body think this was Treason against the Monarch of the Family, if his Wise, or one of his Sons, jjhould rescue herself or this innocent Child, out of his Hands by force, if they could 90t otherwise quiet him?

. r Xhis supposition of Madness or Drunkenness in Fathers of Families, you B. P. P. Gentlemen of Commonwealth Principles make great use of, to justify your Doc- Sea. 47. $rine of Resistance; and I know no reason why you might not extend it as west to Anger, Lust, or any other Passion that a Man is subject to; and have given all the Wor^ a power to judg? when a Man is drunk, and mad, as well as his W#cr Children, or Servants; nor do I know why you so much insist upon it, but because the Authors from whence you had it, are so in love with Rebellion and Disorder, that they seek and catch at every opportunity to recommend it to the World. But, I believe, had you a Wise, Child, or Servant, that should take the liberty os controuling you upon this pretence, you would be more enraged with the reason of the Resistance, than with the Resistance it self. . . , . I 3m sorry, Sir, any thing I have said can so far transport you to passion, as to make such unkind Reflections upon your Friends; but pray be not so hot; is it not possible that a Master, or Father, in the State of Nature, may be mad, or drunk?

M. Yes, and is it not possible also that the Wise may be so too? Now sup<pose they should mutually charge each other with madness, or drinking too much, B. P. P. who Qwll judge betwixt them? What horrible Confusion must this introduce into ^>id. all Societies, to give Inferiors a power to judge their Superiors to be mad, of drunk; and thereupon to resist, and oppose them with force? But if it doth at any time happen, Wives, Children, and Servants, that are dutiful, may have ways to appease their Husbands, Fathers, or Masters, when mad, or drunk, witBout resisting, or fighting them; as by getting out of the way, or by submission, prayers, and tears, which Nature hath ta,ught them on such occasions to make use of; and which is a thousand times a better Method, than those vsolent Courses you propose. ,

1*. All I desire of you in this Conversation, is, that you would be pleased to believe, I do not argue out of any love to Rebellion, or Disorder, or that I desire to encourage it in private Families, much less to reepmmend it to the World; only what I speak, is.purely out of a desire of the happiness and preservation of Mankind; and I; hope I fay no more, than what alt sober Men will allow may be every'Day practised in private Families:

And therefore, since you will needs have it, I do extend this Power of Resistance, not only to Madness, or Drunkenness alone, but even to Anger, Lust, or any other exorbitant Passion a Man can be subject to; and I do likewise give all the World a power ro judge when such a Man is mad, or furiously passionate, as well as his Wife,' Servants, or Children, if in those drunken, and mad fits, he goeth about to kill them, or any else. For I think in that Case, you will not deny, but any honest Neighbour may step in, and bind him, or hold his Hands; and so may likewise the Wife or Children themselves. As suppose, this Father, or Husband, should be so far transported with Passion, or Lust, as to go about to kill his Wife, or ravish his Daughter; I hope you will not deny, but they may lawfully resist him, if they can neither run away, nor yet pacify him by submission,, prayers, or tears; which I grant are much better Methods, if they may prevail: But what if they can neither get away, nor yet any of those gentle Means you propose, can work any good upon him; what shall they do then? Can any one believe, that God hath appointed an innocent Wife, or Children, to be made a-Sacrifice .to the Madness, Drunkenness, Passion, or Lust of such a Father, or Husband? And as for the Cafe you put, where the Husband or Wife should charge each other with Madness, or drinking too much, who should judge between them? It is a meer Cavil; for as long as they fall out, and only brangle, it is no matter whether there be any Judge or not. But if it proceeds to blows, and they are like to mischief or kill each other, no doubt but the Children or Neighbours may come in and part them ,- and may either hold, or shut up one, or both of them, till they are sober.

M. Pray, Sir, let us leave this touchy Discourse concerning Self-defence till anon, when we shall have occasion to fall more naturally upon it. Suppose then I should at present grant you, that a Wife or Children may (in case of such extremities as may happen to them by the Madness, or Drunkenness of the Husband, or Father) restrain, or resist his violence, in cafe no other means can prevail; what is this to disobeying his Commands, or resisting him when he is so-' ber? Which certainly they have no right to do. But to come as near you as possibly I can, and to let you fee I am not a Man of a domineering Temper, and who approve of unnecessary Severities, or unnatural Rigours, either in Masters of Families, Husbands, or Fathers; I grant that no Father, or Master of a Family, has any right to punish, or put to death the meanest of his- Slaves, much; less his Children, without a sufficient cause; or that he may sell his Children, or otherwise tyrannize over them by cruel Usage, or too severe Punishments, since" they are not only part of his own Substance, and to whom by the order of the Creation he gave a Being; but was also (as you well observe) ordained by God for their happiness, and preservation, as they were also (as well as his Wise) for his constant help, comfort, and subsistence; and therefore they were as much, or more, made for him, as he for them; as it is plain concerning the Wife from the Text in Genesis, when God said, it is notgood that the Man Jhould be alone, Iwifl make him an Help meet for him, Gen. 2.18. (viz..) the Woman; and therefore, as her subjection to her Husband is perpetual, as long as she lives, so likewise is that of the Children, in whom he acquireth a Property by their Education for so many Years; which I look upon as a greater obligation than their Generation; and over both whom he must in the state of Nature have an abserlute Power of Life and Death; which though I grant he may happen sometimes to abuse, yet I suppose no Person living hath any right in that state to resist him in the execution of it, much less to call him to an Account, or punish him for the Male-administration of his Power. And you have granted, that the Husband in the state of Nature hath a Power of Life and Death over his Wife, if she murthers her Children, or commits any other abominable Sin against Nature; and that then she may be justly cut off from the Family, and punished as an Enemy to Mankind, and so certainly may his Children too. But what need I fay any more of this Subject, when you have not as yet answered my former Arguments, concerning the Absoluteness, and Perpetuity of this Conjugal Subjection, (and that which will likewise follow from it) the constant Service and Subjection of Wives and Children to their Fathers in the state of Nature. Therefore pray, Sir, let us return again to that Head, and let me hear what you have to object against those Reasons I have brought for it.

K I. beg your pardon, Sir, if I have not kept so close to the Point as I might have done ,• but you may thank your self for it, who brought me off from what I was going farther to fay on that Head, by your Discourse ofPajjive-Obedience and Non-Resistance, and I know not what strange unintelligible Power of Life and Death, conferred by God on Adam, as a Husband, and a Father. But first, give me leave farther to prove, that this Subjection of the Wife is neither absolute, nor irrevocable. For Proof of which, I shall lay down these Principles, i. That the Wise in the State of Nature, when she submits herself to the Power of her Husband, does it to live as happily as she did before, or rather to enjoy more of the comforts of Life', than in a single State. 2. That therefore she did not renounce either her own Happiness or Self-preservation. 3. Neither did she make him the sole and absolute Judge of the means that may conduce to these Ends: For if this were so, let him use her never so cruelly, or severely, she could have no cause.to cenr sure him, or complain in the least against him. 4. If she has not so absolutely given, up her Will to his, {he is still Judge when she is well used by him; ot else so cruelly, that it is no longer to be endured. And therefore if such a Husband will not. allow his Wife sufficient Food and Raiment, and other Necessaries j or that he uses her cruelly, by beating, or other Punishments, or hath endeavoured to take away her Life; in all these cases in the State of Nature, and where there i s no Superior Power to complain, or appeal to, she may certainly quij: him; and I think she is not bound to return, or cohabit with him again, until she is satisfied he is sorry for his former cruel Treatment of her, and is resolved to make amends for the future. But whether this Repentance be real or not, she only can be Judge, since she can only judge of her own Happiness, and the means of her Preservation. And the end of Matrimony being for their mutual happiness, and help to each other; if he has broke his part of the Compact, she is then so far discharged from hers, and consequently in the meet State of Nature (which is that we are now talking of) the Vinculum Matrimmii (as you Civilians term it) will be likewise dissolved: So likewise if such a Husband, for no just cause, or crime in the Wise, but only to be rid of her, should endeavour to take away her Life; as suppose, to strangle her in her Sleep, or the like, no doubt but she may (notwithstanding your Conjugal Subjection) resist him by force, and save her Life, until she can call in her Children, or Family, for her rescue and assistance j who sure may also, notwithstanding this absolute Despotick Power you, place in their Father, or Master, rescue her from his Rage and Malice, whether ne will or not: Nay they are bound to do it, unless they will be Accessaries to her Murther... \ /•;•> . „; 31U 7t-j .

M. These are doubtful Cases at best, and do very seldom happen; and a Husband can scarce ever be supposed to be so wicked, as so hate, and-destroy his own Flesh j arid therefore we need not make Laws on purpose for Cases that so rarely happen. .A .j ■>.'-:■ •'• •. .;. . •

F Rarely happen! I see you are not very conversant at the Old Bail), nor at our Country Assizes; where if you please to come, you may offers hear of Cafes * of this nature j and I wonder you that are a Civilian, and have so many Matrimonial Causes in your Spiritual Courts, brought by Wives for Separation, poster; Savitiam, &c.should doubt whether Husbands do often use their Wives so illx that dt is not to be endured. But if the Wise have these Privileges, pray tell me, why the Children sliall not have the fame, according to your own Maxim, of Partmsequitur Ventrem, since the Subjection of Children must be according to your own Principles, of the fame nature with that of the Mother; and then pray what becomes of this absolute and perpetual Subjection you talk of?

M. Yet I hope you will not affirm, but that Children are under higher obliga^ tions of Duty and Obedience to their Father, than a Wife is to her Husband, with, whom perhaps {he may in some Cases be upon equal Terms ,• but Children can never be so in respect of their Father, to whom they are always inferior, and ought to be absolutely subject in the State of Nature, (that is) before Civil Laws have restrained Paternal Power. ■

F. I thank you, Sir, for bringing me so naturally to the other Head I was coming to, and I agree with you in your other Maxim, 0s" Qukquid ex me & uxore mea mscitur in potestate mea est, yet not in your Sense: For if I should grant, that the Father's Power over the Child commences from his Power over the Mother, by her becoming his Wise, and submitting herself, and consequently all

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the Issue that should be begotten of her, to her Husband's Power; yet as I have prov'd already in cafe of the Wife, so I think I may affirm the fame in that of the Children, that they are not delivered by God so absolutely to the Father's Will, or Disposal, as that they have no Right, when they attain to Years of discretion, to seek their own Happiness and Preservation in another place, in case the Father uses them as Slaves, or else goes about to take away their Lives without any just cause; since when Children are at those Years, I think they are by the Laws of Nature, sufficient Judges of their own Happiness, or Misery, that is, whether A they are well, or ill used; and whether their Lives are in danger, or not, by their Father's Cruelty.

For tho' I grant that Children, considered as such, are always inferior to their Parents; yet I must likewise affirm, that in another respect, as they are Men, and make a part of that great aggregate Body of Mankind, they are in all Points equal to them; that is, as the Parents have a right to Life, Happiness, and Self-preservation, so have they likewise; and consequently to all necessary means thereunto, such as Food, Cloaths, Liberty, (I mean from being used as Slaves) which Principles, if true, will likewise serve for a farther Proof against that absolute Property, and Dominion, you supposed to be conferred on Adam over the Earth, and all things therein, exclusive to that of his Wife and Children.' For , if they had a Right to a Being and Self-preservation, whether he would or hot, so had they likewise to all the means necessary thereunto; and he was not only , obliged to provide Food and Raiment for his Children, whilst they were unable to

do it for themselves, but also when they grew up to years of discretion, they might take it without his Assignment, and this by virtue of that Grant in Genesis I before quoted; And God said, Gen. i. (<&«,. to the Man and the Woman, and in them to all Mankind, then in their Loins) Behold, I have-given you every Herb bearingSeedy •which is upon the face of the Earth, Sec. Behold, to you it jhatt be for Meat. So that sure you were too rash, in affirming with Sir R.F. that a Son, a Slave, and a Servant, were all one at the first: For I hope I have proved, the Father doth not acquire any absolute Property in the Person of the Son, either by his begetting him, or bringing him up; for then I grant, a Son and a Slave would be all one. But if you please better to consider it, you will find, that Fathers were never ordained by God for perpetual Lords and Masters over their Children, but rather as Tutors and Guardians, till they are of Years of discretion, and able to shift for themselves j God having designed the Father to beget and bring up his GhikL not for his own interest or advantage only, but rather for the Child's happiness and preservation, which by the Laws of God and Nature he is bound to procure: For as it is the Son's Duty never to do any Action, that may make his Father repent his begetting, or bringing him up; so on the other side, the Father ought not to treat his Son so severely, as to make him weary of his Family, much less of his Life. It is the Apostle's Precept, Ephef. 6. 4. Parents provoke not your Children to wrath; which certainly he knew they were apt to do, or else that Precept had been needless. Now pray tell me, if Adam had used one of his , Sons (whom he loved worse than the rest) so cruelly, as to make him a Slave instead of a Son, and when grown a Man, should have put him to all the servile and hard Labour imaginable,with scarce Victuals enough to live upon,or Cloaths to cover him-; what must this Son have done? born all patiently? Or else do you think it had been a damnable Sin, if he had fled into the Land of Nod, to Cain his elder Brother? B. P. P. M. To answer your question, I think in the first place it ^had; for I do not c.2. Sect. 9. oniy take Qajn to have Deen tne fjrft Murderer, but Rebel too: And in the next place this Question is needless; for it can scarce be supposed, that ever Adam, or any Father can be so wicked and ill-natured, as to use a Son thus cruelly, without some just occasion ; but if he had, I think he ought to have endured any thing from his Father, rather than have left him without his leave, since I cannot see how Children can ever set themselves free from their Father's Power, whether they will or no.

F. If that be the condition of Children, they are then, instead of Sons, as absolute Slaves as any in Turkey,whenever their Father pleases. But you have already granted, that Fathers ought not to use their Children like Slaves, nor to fell them for such to others; and tho' I have no great kindness for Cain, yet I know not what warrant you have to call him Rebel: I am sure neither the Scripture, nor Josephs}, mention his going to the Land of Ned, as an offence

committed against his King and Father, Adam; but rather as a piece of Com2 pliance or Obedience to God's Sentence, who had made it part of his Curse so to do.

. M. I shall not much trouble my self whether Cain was a Rebel or not; I only tell you what some Learned Men have thought of his quitting his Country; but as for other Children, tho' I grant their Fathers ought not to use them like Slaves, yet if they fliould happen to do so, I think such Children ought to bear it as a Judgment inflicted by God for their Sins, and should not by any means set themselves free, tho' their Fathers use tftem never so severely; since it is God's Will they should be born, and continue under the Power of such severe Fathers.

F. But pray, Sir, tell me : What if this Son had fallen into the power of a Stranger who would thus make a Slave-of him, was he likewise bound to bear this as a'Punishment from God for his Sins, and might he by no means set himself free? since this could not happen without God's permissive Providence at least j and I think you will scarce prove it more in the Case of the Father, unless ^ou will allow God to be the Author of Tyranny and Oppression. | As. I grant, that a Man that is made a Slave to a Stranger by force, without just cause given by him, may set himself free by what means he can; but I deny hclhath the fame Liberty in respect of his Father, since the Father's Power over bim is from God, and so is not the Stranger's. -" ,

F What Power of the Father do you mean? that of making his Son a Slavei or of using him as a Father ought to use a Son? The latter of these I very well understand to be from God, but not the former: And if the Father hath no such Povver from God, I cannot see how it can be any Act of Disobedience in a Son to'look to his-.,own Liberty and Preservation; since Cruelty and Tyranny can never be Prerogatives of Paternal Power, as you your self confess. • M. I grant, indeed, a Father hath no such Power from God to treat his Son thus cruellybut if he does, I fay again, that God having ordained the Son to be absolutely subject to his Father, he must endure it, let the consequence of it be what it will: And I suppose you will not deny, but that in case of necessity, as when a Father hath not wherewithal to nourish and breed up his Children he may sell or assign his Interest in them to any Person, who will undertake to provide for their Nourishment and Education; and that the Children so sold, or assigned, do thereby become absolute Servants to the Person to whom they were thus assigned as long as they lived; and why this should be their Condition in respect of a Stranger, and not so to their Father, I can see no reason, since their Father would have been at as much trouble and charge for their Education as the Stranger.

- F- I so far go along with you, that in case of such necessity as you mention, a Father may sell or assign the present Interest in his Child to a Stranger: yet I cannot see any reason that this Sale, or Assignment, should confer so absolute a Property in the Person of this Child, as that therefore he should be a Slave to this , Master, or Fosterer, as long as he lived: Since admitting that the Father, ot other Person who takes upon him that Care, may perhaps justly claim a Right in the Service or Labour of the Child, to satisfy them for their trouble and charge infringing him up; yet it doth not therefore follow, that this Service is due as long as the Child lives, but rather until such time as they can make their Labour satisfy them for their charge and trouble in keeping him, which may very well be by that time the Child attains to twenty five Years of Age at farthest: And there are those that have offered to breed up and maintain all the Foundlings and Bastard Children in England, if they may be bound to serve them until about that Age. So that I see no reason why a few Years of Education should give any Man a Right over another's Person as long as he lived.

But if you urge, that the Child owed his Life to his Father, or Fosterer, since without his assistance he must have perished, and therefore the Service of the Child's whole Life is but little enough to recompence it: To this I answer, That the Parents are under an absolute Obligation, by the Laws of God and Nature, to breed up their Child, and they sin, if they do not perform it as they ought; the end of a Father being chiefly for the breeding up and preservation of the Child 5 and therefore there is no reason he should acquire such a Property in him, merely because he did his Duty: And the Duty of a Father being to better the Condition! of his Son, and not to make it worse, I doubt whether an absolute and perpetual 0 Fa Servr

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Servitude, or Death it self, were the better bargain. And if this Right will not hold for the Father himself, much less will it for a Fosterer, since he is likewise obliged by the Laws of Nature and common Humanity, as well as by his Corn tract with the Father, to breed up this Child so assigned him; and not to let him perish, if he be able to breed him up. Nor ought this Father's or Fosterer's .teia* poral Advantage, which he may make of this Child, to be the principal end of his Undertaking; but the doing good to Mankind, and the Advantage he may reap thereby, is to be considered only as an Encouragement, and not as the only Motive to this Duty, since he is obliged to do the fame thing, tho' he were sure the Child would either die or be taken away from him, before he could be with him half long enough to satisfy him for his Charge. ■ 'n

Neither doth this Reason hold true, even according to the Scripture Rules of Gratitude, that a Man hath a Right to exact, of one to whom he hath done a Courtesy, or bestowed a Benefit, a Return as great as the Benefit bestowed ,• since this were not Beneficence, but meer Bartering or Exchange; and a Man who had his Life saved by another's assistance (suppose by pulling him out of the Water) must be obliged by this Principle to submit his Life to his disposal ever after. And therefore I desire you would give me some better Reasons, why such a Son ought to be so absolutely subject to his Father's Power, as that it is not lawful for him* upon any account whatsoever, to free himself from ir, Jet his Father use him neve* so cruelly or severely.

M. Well, Sir, since you desire it, I will give you the best Reasons I have, why God cannot permit so unreasonable a Liberty as this would give to all Children, in case they should make use of it whenever they thought fit; and therefore God hath ordained it thus, to take away all those Pretences of" Undutifulness and Disobedience, which Children might make, should they be permitted to be their owa Judges, when they might quit their Father's Family without his leave; which Pretence of cruel Usage they would be sure to make use of, thereby to leave theiff Parents upon every slight occasion, saying, that their Fathers were so cruel and severe, that there was no living with them any longer; when indeed it was not so, but on the contrary, no just Cause of Complaint against them, more than bare correcting them for their Faults: And so the Father might be bereft of some, nay all his Children, who should be helpful and serviceable to him in his old Age, which would breed great Confusion and Inconveniences in Families, especially in the State of Nature; as in the Cafe you have put concerning Adam's Sons, they being the only Servants he could have to make use of on all Occasions.

F. I desire you in the first place to take notice, that I put this Cafe concerning fAdam by way of Supposition only; not but that I have a better Opinion of our first Parent (notwithstandipg his Fall) than to believe him so ill-natur'd, or that he was ever so cruel as to use his Children thus hardly. But in this depraved State of Nature such unnatural Rigors and Cruelties in Fathers, as well as Disobedience in Children, is but too frequent; which no Man needs to doubt of, that will but consult the Custom of divers Nations in Africa, and other Countries, at this day; where they sell their Sons for Slaves, and exercise this Fatherly Power with the greatest Tyranny and Rigor, using them as Slaves, or felling them to others for such things as they want. And if you think it against the Law of Nature for such Children, when they see themselves ready to be sold to work in the Mines in Peru, or Sugar-works at Barbadoes, to run away into another Country to avoid such a Condition, which is as bad or worse than Death, you may enjoy your own Opinion j but I am sure you'll have but few Proselytes, but such as are of the like arbitrary Principles. And as for your Pretence, that if Children should be allowed to judge when their Fathers treated them too severely, or like Slaves, they would all run away; that is but a Subterfuge: For first, it is a needless Caution, Children being, when young, not apt to leave their Parents who have bred them up, upon whom they depend for their Subsistence, and to whom, if they are treated like Children, they seldom fail to bear a natural Duty and Affection; and if well used, they will, when of Years of Discretion, be likewise willing to stay with them, and look after them when sick or old; not only for Duty, but also for their own advantage, and in hopes of having a share in what Goods or Estates they may leave behind them when they die. But if, when they come to Years of discretion, they can better their condition by marrying, and leaving their Father's Family, their Parents are bound in conscience to let them go; since it is their Duty to better the Condition of their Children, and not to make it )

wofse : Always provided that such Children either take care of their Parents

themselves, or else hire others to do it for them, in cafe they want their Assistance

by reason of their old Age, Poverty, or Sickness. But if Children may not quit

their Father's Families, tho'they are never so hardly or severely dealt with, the

consequence will be, that Fathers may keep their Children as Slaves as long as

they live, tho* it were to a hundred Years, or else may sell them to others, to be

used worse, if possible ,• the Absurdity of which Assertions, and how contrary

to the common Good of Mankind, I might leave to any indifferent Person to

judge of.

Therefore, I think, I may very well (according to the Learned Grotius) divide the Lives of Children into threePeriods of Ages. The first is the Period of Infancy or imperfect Judgment, before the Child conies to be able to exercise his ReasonThe second is the Period of perfect Judgment or Discretion, yet whilst the Child continues still part of his Father's Family. The third is, after he hath left his Father's, and enter'd into another Family, or sets up a Family himself. In the first Period, all the Actions of Children are under the absolute Government of their Parents: For since they have not the Use of Reason, nor are able to judge what is good or bad for themselves, they could not grow up nor be prescrv'd, unless theft Parents judged for them what means best conduced to this end;yet this Power is still to be directed to the principal End, viz,, the Good and preservation of the Child. In thesecond Period, when they are of mature Judgment, yet continue part of their Father's Family, they are still under their Father's Command, and ought to be obedient to it in all Actions which tend to the Good of their Father's Family and Concerns. And in both these Ages I allow the Father has a Right to make his Children work, as well to enable them to get their own Living, as also to recompence himself for the pains and care he has taken, and the charge he may have been at in their Education, and also to correct them, in cafe they ie fuse to work or obey his Commands. But in other Actions the Children have a Power of acting freely, yet still with a respect of gratifying and pleasing their Parents, to whom they are obliged for their Being and Education ; since without their care they could not have attain'd to that Age. But this Duty being not by force of any absolute Subjection, but only of Piety, Gratitude and Observance, it does not make void any Act, tho' done contrary to their Duty. The third andInst Period is, when the Son, being of Years of discretion, either by Marriage or otherwise is separated from his Father's Family: In which case he is in all Actions free, and at his own disposal, tho' still with respect to those Duties of Piety and Observance, which such a Son must always owe his Father, the Cause thereof being perpetual.

M. I must beg yonr pardon if I cannot come over to your Opinion, notwith-F.O.G./>.aa. standing all you have said in this long Discourse; since I cannot conceive how in any case Children can naturally have a Power or moral Faculty of doing what they will without theft Parents Leave, since they are always bound to study to please them: And tho', by the Laws of some Nations, Children when they attain to Years of Discretion have a Power and Liberty in many Actions j yet this Liberty is granted them by positive and humane Laws only, which are made by theSupream Fatherly Power of Princes, who can regulate, limit, or assume the Authority of inferior Fathers, for the publick Benefit of the Commonwealth. So that naturally the Power of Parents over their Children never ceases by any Separations, tho , by the permission of the transcendent Fatherly Power of the Supream Prince, Children may be disoens'd with or privileged in some cafes from Obedience to subordinate Parents.

F. And I must beg your pardon, Sir, if I cannot alter my Opinion in this matter, for all that you have now said, since you can give me no better Reasons than what you did at first: And tho' you'say, you cannot conceive how Children can ever in any case have a Power or moral Faculty of doing what they will without their Parents Leave, yet they may have such Power in many cases, whether you can conceive it or no. For tho' I do gtant, that Children are always bound P.». M 20, to study to pleasetheir Parents, yet doth not this Duty of Gratitude or Compla-21* cency include a foil and perfect Dominion of Fathers, in the State of Nature, over the Persons of their Children, and an absolute Power over them in all cases whatsoever, so that the Children can have no Right to consult their own Good or Preservation,

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however it may be endangered by their Father's Passion or ill Nature: Since a Wife is always obliged to this Duty of Complacency to her Husband; yet is not this so absolute, but that in the State of Nature she may quit his Family in those Cases I have already mentioned, and against which you had nothing to object. And I deny your Position, that Children, when .they attain to Years of Discretion, derive that Power and Liberty they use in many Actions from positive Humane Laws only; or that the Power which Parents naturally have over their Children can never cease by any Separation, but only by the permission, of the Father.

For as for Bodtn, and divers others that have written on this Subject, they do no more than follow others, who have asserted this absolute Power of Fathers upon no better grounds than the Civil or Roman Municipal Laws, without ever troubling themselves to look into the true Original of Paternal Authority or Filial Subjection, according to the Laws of Reason or Nature. And most Treatises of; this Subject being commonly writ by Fathers, no wonder if they have been very exact in setting forth their own Power over their Children, but have said little or nothing of the Rights of Children in the State qf Nature; and therefore I mail farther let you fee, that this Duty of Children, even of pleasing or obeying their Parents, can only extend to such things as they may reasonably or lawfully command. For suppose that Adam had commanded some of his Sons or Daughters never to marry, you cannot deny but this Command had been void (that being the only means then appointed to propagate Mankind :) For when there then lay a higher'Obligation upon them to increase and multiply than; there is now, they might then certainly have chosen Wives for themselves, when,they were of Years of discretion, and capable of Marriage.

And farther to {hew you, that Children may in some Cases separate themselves from their Father's Family and Subjection,. without their Father s Consent, is apparent as to the Daughters, who if they were at first obliged by this Precept to marry, might likewise do it whether he would or not, and were to be obedient to their Husbands "when they were married, the Obedience which they before owed to their. Father being now transferred to their Husband; or else they must serve two Masters, which is against our Saviour's Rule- By which it appears* that the Subjection of Daughters in the State of Nature is not perpetual: And to prove that Sons have a like Right to'separate from their Fathers Family, let us suppose that Adam had been so cruel and unnatural as some Fathers are ,• that being only sensible of the Profit he received from his Sons Labours, he would never have permitted them to leave his Family, nor to enjoy any thing of their own, but would have kept them like Slaves as long as they lived: If you affirm, that he might have done so if he had pleased, and that the Sons had no lawful means to help themselves, since he only was Judge whether ever he thought fit to set them free or not; you your self have already granted the contrary, when you affirmed, that a Father had no Right to sell his Child as a Slave; and then sure he can have as little Right to use him so himself.

But as for what you fay against that natural Equality of Children to their Parents, considered as Men, you might easily have understood it, if your Thoughts were not so wholly taken up with this transcendent imaginary Empire of Fathers in the State of Nature, as if they were somewhat more than Men : F^r pray tell me, are they not equal, who have the same Right from God to the same things? For if Fathers have a Right to live and be preserved, so likewise have the Children; and if they have a Right to the End, they have likewise the same to the Means necessary thereunto, such as are Food, Raiment, Freedom from Slavery, &c. And if they are thus equal, they must likewise, when they attain to Years of discretion, be endued with a Power of judging for themselves, concerning what things are necessary to their Happiness and Preservation, and what tends to their" Misery or Destruction; and consequently may very well judge whether their Fathers treat them kindly or cruelly : For if the Father in the State of Nature is the sole Judge of the Means that conduce to his Son's Happiness and Preservation, without his Consent he may determine, that Poverty, Slavery, and Torment, shall be fit Means, and conducing to this End, which is against Sense and Reason. And tho' I grant, that Sons may sometimes be mistaken in the true Means that may lead to these great Ends of Life; yet doth not this take away their Right of judging for themselves, any more than it doth the fame Right from their Fathers, who as Men are also liable to the like Mistakes. Neither did any Slave or Subject


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eves give up his Will so totally to his Master or Monarch, as abfclutely to renounce all Right to Happiness and Self-preservation, or to the Means that may conduce thereunto. But I think we have sufficiently debated this great Point of the natural Power of-Fathers over their Children: And therefore

Let us in the next place consider, whether Children may not upon these Prin-4 ciples in some cases make use also of Self-defence, even against their Fathers, if they cannot otherwise avoid certain Ruin and Destruction: Therefore I will first ask you what you think of this Cafe? A Son in the "State of Nature being separated from his Father's Family, and having Children and House of his own, what shall he do in cafe his Father, by the evil Suggestions of a Stepmother, or other wicked Persons, be so far incensed against his Son,', as to fend Men to burn his House, plunder him of his Goods, and destroy his Plantation?

AjC If the Son be absolutely set free from his Father's Family and Power with his consent, I do not deny but that such a Son may resist those Persons his Father fends to ruin him and his Family, and may repel their Violence by force; but I do not allow the Son the fame Power to resist the Person of the Father, if he should come himself thus to destroy him.

 F. Why so? Do you think a Father, by being so, hath any greater Right td

destroy his Son and ruin his Family than a Stranger?

M. No; but because the Person of a Father ought always to be esteemed by the*Son as sacred as his natural Prince : and if he should have a Right to resist his Father by force, he might happen to kill him in the Scuffle, which would be a Sin against 'Nature.

F. Well, suppose the worst, would this me more a Sin against Nature, than to suffer himself, Wise, and innocent Children, to be turned out of all they have, and left to perish by Hunger and Cold? St. Paul says, Thathe that doth not provide for his Family is -worse than an Infidel; and, I think, so would the Son be, if, for fear of hurting his Father's Person, he should permit all his Family to be exposed to certain'Beggary and Ruin.

*(.' This Precept of St. Paul obliges only., when a Man may provide for his ily by lawful means, but not when it cannot be procured but by doing what is unlawful, asTtake this Resistance of the Person of the Father to be.

F. I grant indeed that a Father, acting as such, is Jiot to be resisted, even when Ire corrects his Son; but I suppose you will not say, that in the case I put he acts as a Father, but an Enemy, when he goeth about without any just Occasion -to kill or ruin him; unless you can suppose, that the Will to jpreserve and destroy.can consist together in the same Subject: Neither can you affirm, that the:Father hath any Right to deal thus wickedly and violently towards his Son and his innocentJFamily. By what Law then must the Son be obliged to sacrifice his own Life, arid that of Wife and Children, and all that he hath, to this imaginary Duty -? '•"n"

M.; There seems to me.two good Reasons for it: The first is that Gratitude which the Son .must always owe his Father for his Being and Education; and therefore if he give up his Wife, Children, and all that he hath to his Will, it would 'scarce be a sufficient Requital for all the Benefits he hath ^ceived from him. The second is, because no Circumstances whatsoever can rake off or obliterate this Relation i And tho'tis true your Father, whilst acting thus, doth not deal with you as a Father, but an Enemy; yet he is still your Father, and you are and-will be always his Son, do what you can, and so consequently you will still owe him Subjection. For it is a Maxim not only of the Civil Law, butthaf B. of Nature too, and this most of all in-the State of Nature, that is, before Civil Laws bad restrained the-Paternal Power, Jura fanguinis nuDo deliBo dirirti pejfunt i andla'ftly from the fourth Commandment of, Honour1 thy Father, &c. Now no Man can render Honour to him whom he goeth about to resist, and so may also destroy.

F. I confess yoii have urged this Argument as home as the thing will bear; but yet-I think I can shew you, that the Son is so far from acting against the Law of-Nature-in thus resisting his Father, that I think he would rather transgress it, if he acted otherwise. But first to answer your Arguments, I deny that either Generation or Education do confer so great a Benefit, that a Man is obliged to sacrifice himself, his. Wifc, and Children, and all that he hath, in return for it.

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First for Generation: I suppose you will not much insist on that, since you must grant that a Father doth not act in that matter as a voluntary, but natural Agent; neither is it in his power to hinder.the Child that he gets from being conceived or born; neither did he get him so much to propagate Jiis Species, as to gratify his own present natural Appetite.

Then for Education, which I grant is much the greater Obligation, since by the former I am only born an irrational helpless Creature, but by the other I am made a reasonable Man, able to help and provide for my self, and knowing my Duty to God and other Men; yet even these Obligations are not great enough to make me sacrifice my self and all that I have to his Fury or Humour. I grant indeed, that if it were to save a kind Father's Life, a Son may be obliged to venture, nay lay down his Life to perform it; but I deny, that even for such a Father he hath a Right to give up the Lives of others, which are not at his disposal (as those of his Wife and Children are not) in this case. For this were not only to return more than was first given, but also to pay Debts with that which is not my own; and to give up their Lives, and let my Father take them away, is all one", if I can hinder it : Qui non prohibet, facit. Then as for the Relation of a Father, which you fay no Fault of his can obliterate or destroy, you must grant that it may be suspended for a time: As, when a Man binds or resists his mad or drunken Father, who would kill him or his Wife or Children, he doth not do it to the Father, but to the mad Man or Drunkard; and so likewise in this case, he doth not resist his Father, but a furious unreasonable Creature, who is so far from "behaving himself as becomes a Father, that he doth not act like a Man. Nor doth your Maxim held true in all Cases, and therefore is no Law of Nature; for Jurasanguinis aliquo deliilo dirimi foffunt, or else a Father could never put his Son to death for any Crime whatever, which you have affirmed he may: But certainly when he acts thus, it is not as a Father, nor doth he destroy him as a Son, but an Enemy or Malefactor. - .

Now I desire you or any indifferent Man to consider, since the common Good of Mankind is the Sum of all the Laws of Nature, and the great Rule by which they are to be tried, which Rule is to' be preferred, and conduces more there Ato, ■when they cannot consist at once or together: That a Father, who by your own confession comes to do an unlawful wicked Action, viz,, to ruin and destroy his Son, with his Wife and Children, should be resisted, and consequently one Man s Life put in hazard; than that many innocent Persons should be ruined, and perhaps starved to death for want of Food and Shelter. And as for the fifth Commandment, that extends no more to the Father than to the Mother; tho' you are pleased to leave her out, because it makes against your Opinion : And therefore if by honour is meant, Thou shalt not resist ; then no Man should resist his Mother any more than his Father, if she went about to kill him; and yet not the Mother, but the Father, is by your Hypothesis the natural Monarch, that hath this Power of Life and Death over the Son. But let us pursue this Point no farther; if you will not be convinced, I cannot help it.

But pray tell me now, what a Son must do, if his Father, transported by Fury and Malice, should go about to kill him with a Sword or other Weapon, and that be hath no otller way left to save his Life, neither by Intreaty nor Flight (which I grant ought to be done if possible) whether he may resist his Father with what next comes to hand, or fufser himself to be killed?

M. I am much better satisfied in this cafe than in the other, that he ought : rather to let his Father take away his Life than resist him, since here is but one Life to be lost; whereas, I confess, the other Cafe was harder, because there were more Lives concerned than the -Son's; and I am of this opinion partly for the fame Reasons as before, and partly because 'tis more suitable both to Reason and the Law of Nature, as also to Holy Scripture, Precepts and Examples: For if St. Peter command Servants to be fubjeSi to their Mafias, &c. not only to the Good and Gentle, but also to the Froward; and if Servants, much more Sons, who owe their Fathers a higher Duty and Obedience than Servants can owe their Masters; and Isaac was so far convinced that his Father Abraham had Power over his Life, that tho' he was a lusty young Man, and could carry Wood enough to consume a Burnt-offering, yet do we not find that he offered in the least to resist his Father, when he was about to bind him to be sacrificed: For he very well knew, that his Father could not be resisted without endangering his Life, if not taking it away in the Scuffle. And fore you will grant, that a Son ought rather of the two to let his Father kill him, than he take away his Life, by whose means he received his own ; especially since Abraham was the Master of a great Family, and in whose Life and Well-being not only his Mother, but all the Family, had an Interest, as necessary for their Well-being and Happiness. Nor can I think, that Abraham would have so readily assented to God's Command for the doing of it, had he not been already satisfied, that he had an unaccountable Power of Life and Death' over his Son by the Laws of God and Nature.

F. In the first place to answer your Authorities from Scripture; as for that Place of St. Peter you have cited, it is not a Precept given by the Apostle to Sons, but to Servants or Slaves, whose Lives and all that they had were at their Masters absolute disposal, being those whom the Apostle Paul calls, Servants under the Take; and unless you will make a Slave and a Son to be all one (which you have already denied) this Precept doth not at all concern them. And as for the Example of Isaac, that will make as little for your advantage; for first, as to Abraham, he could not but know, that to kill his Son without any just Cause, was as much Murder in him as in any other Man. Now what could be a juster or a higher Cause than God's particular Command? So that as this Act of Abraham is not to be taken as an Example by other Fathers, so neither doth the Example of Isaac oblige other Sons to the like Submission ; therefore it is most reasonable to suppose, that Isaac being then (as Chronologers make him to be) about nineteen or twenty Pin.M.p.ij. Years of age, and of Years of discretion to ask, where was the Lamb for the Burnt-offering, was also instructed by his Father, before he came to be offered^ of the reason of his dealing thus with him; and then the Submission was not payed to his Father's, but to God's Will, from whom he miraculously received his Being. But if any Man doubt whether Resistance in such a case were lawful, I leave it to his own Conscience to consider, whether, is his Father had him alone in a Place where he could neither run away, nor yet call for Help, he would suffer his Father to cut his Throat without any Resistance, only because he pretended Divine Revelation for it. Not but that I so far agree with you likewise; as to limit such a Resistance only to the holding his Father's Hands, or warding off his Blows, but not to the taking away his Life; but of the two, rather to lose his own than to kill him, for the Reasons you have given, and which I will not deny: But yet if the Father be mad, I doubt whether the Son is bound to let him kill him rather than take away his Life, since such a Father's Life is no way useful to the Good of the Family. So that tho' I should grant that Paternal Power is from God, and consequently irresistible, yet doth it not follow, that all the unjust Force or Violence, which a Father as a Man may use against his Son's Life or Fortune, is such part of a Paternal Power, as God hath commanded us not to resist; since you your self must grant, that he doth not thus act (in going about to kill his Son) as a Father; but a violent and wicked Man: So that where the Father hath no Right to take away his Son's Life, I think in all such Cases the Right of the Son to resist him doth take place. And if a Man may resist or bind his Father, when he is mad or drunk, and in such Fits goeth about to kill him, I can see nothing to the contrary why he may not do the fame thing, when his Father is transported by a sudden Rage or unreasonable Malice; since both of them do take away the Use of natural Reason, as much the one as the other, according to that Saying of the Poet, Ira furorbrevis eft, Anger is but a short Madness; Fury and Malice being alike fatal and destructive to the Son's Life and Safety with Drunkenness and Madness; nor doth such a Son resist his Paternal Power, but only his brutish Force and Violence. So that if Sons (when grown to Years of discretion) have not a Right to defend theif Lives, in the State of Nature, against all Persons whatsoever, who go about to* take it away without any just Cause; every Son ought to suffer his Father to kill him, whenever, being transported by Madness, Drunkenness, or sudden Passion* he hath a Will so to do: Which how it can consist with that great Law of Nature, of propagating and preserving the Species of Mankind, if a Father should have such an unreasonable unlimited Power, I'll leave to your self or any other reasonable Man to consider. Nor doth it follow, that because a Son can in no wise be superior to his Father, he ought not therefore to resist him; since tho' I grant Punishment is a Right of Superiors over their Inferiors, yet so is not Resistance; t.n.M* since every one knows that Resistance is exercised between Equals, as I have already proved Sons are to their Fathers, in- all the Rights of Life and Self

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preservation; and consequently to judge when their Lives and Estates are unjustly invaded.

M. I must confess I am in a great doubt which will most conduce to that great Law you mention (which I grant to be the Sum of all the Laws of Nature) viz..' of preserving or prosecuting the common Good of Mankind; that Fathers should have an absolute irresistible Power over the Lives and Fortunes' of their Children, let them use it how they will ; or else that Children should have a Right to resist them, in some cases, when they go about to take away either of them without any just Cause : For tho' I own, that (if the former Principle be true) Parents may be sometimes tempted to take away their Children's Lives or Estates without any just Cause; so on the other side, if Children shall assume such a Power to themselves of judging when their Fathers do thus go about to invade either their Lives or Estates, it will (I doubt) lay a Foundation for horrid Confusions and Divisions in Families; since, if Children are under a constant Subjection to their Fathers, they ought then to be absolutely subject to them in the State of Nature, and therefore ought never to be resisted: For if all Fathers, and Masters of Families, are trusted by God with an absolute Power of Life and Death over the Wife, Children, and Servants of the Family, as your self cannot deny; then no Resistance of this absolute Power can subsist with the Peace and Tranquility of that Family, without the Diminution or total Destruction of that absolute Power, with which they are entrusted.

And tho' I admit that Parents ought neither to use nor sell their Children for Slaves, nor to take away either their Lives or Goods, without great and sufficient Cause; yet of these Causes Fathers, in the State of Nature, must be the only and uncontroulable Judges: Since, if Children (whom I still consider as Subjects, tho* not as Slaves, in this State, as long as they continue Members of their Fathers Family) should once have a Right to resist, when they thought their Lives or Estates^ were unjustly invaded; they might also oftentimes, through Undutifulnese or false' Suggestions, pretend or suppose that their Fathers were mad, drunk, or in a Passion, and went about to take away their Lives, when really they intend no such thing, but only to give them due Correction : Which would give Children an unnatural Power of resisting, or perhaps of killing their Fathers, upon false Surmises or flight Occasions.

And as this would, introduce great Mischief and Cor fusion in private Families, so would it likewise prove a Foundation of Rebellion against all Civil Powers whatsoever,- if Subjects, who are the fame thing in a Kingdom that Children are in a Family (in the State of Nature) should take upon them to resist their Prince whenever they think he goeth about to invade either their Lives or Fortunes, which would likewise serve to justify all the most horrid Rebellions in the World; since all Rebels whatsoever may or do pretend, that their Lives, Liberties and Fortunes are unjustly invaded, when indeed they are not; and likewise upon the least Hardship or Injustice in this kind inflicted upon any private Subject, either by the Prince or his Ministers (which Abuses and Violences do often happen even under the best Governments) any such private Person, who shall think himself thus injured, may upon this Principle take up Arms, and endeavour to right or defend himself against such Violence; by which means, under pretence of securing a few Men in their Lives or Estates, whole Kingdoms (if such Persons can find Followers enough) may be cast into all the Mischiefs and Confusions of a Civil War, till the Prince and Government be quite destroyed.

F. I must confess, the Arguments you now bring are the best you have yet produced, since they are drawn from that great and certain Law of procuring the common Good and Peace of Mankind. But I hope I shall make it plain to you, that no such terrible Consequences will follow from the Principles I nave already laid down; and therefore I must first take notice, that you have in your Answer confounded two Powers together, which ought to be distinguished in the State of Nature, viz,, the Power which Fathers, as Masters or Heads of Families, may exercise over the Lives of their Children or Servants, whilst they remain Members of their Family, and that Reverence and Duty which Children must always owe their Fathers as long as they live, even after they become Fathers or Masters of Families of their own. In the first State, I have already allowed, that such Fathers, as Masters of Families, may lawfully exercise a far greater Power over their Children, whilst they are Members of their Family, than they can when i

they are separated from it, yet is not this Power in all Cafes absolute or irresistible, as I have already proved; and therefore I do in the first place restrain this Right of self defence only to such Cases where a Father would take away a Son's Life in a fit of Drunkenness, Madness, or sudden Passion, without any crime committed, or just cause given: Which I also limit to a bare self defence, without injuring or taking away the Life of the Father if it can possibly be avoided; and in this Cafe, if the Son, who is like to suffer this violence, may not judge when his Life is really in danger to be destroyed, because he may pretend so when really it is not. This is no just reason to overthrow so great a Right as self preservation; since if this were a sufficient Objection, it would have the same force against all self defence whatsoever: For it doth often happen that wicked and unreasonable Men will pretend that they were forced to take away the Lives of others, only to preserve their own, when indeed it was altogether false and needless, and they only killed them to satisfy their own Malice or Passion. And therefore, as there is no reason that the abuse of this natural Right should be used as an Argument against the use of all self defence, by any Man whatsoever ; so likewise neither ought the like abuse thereof by some wicked Children to be brought as an Argument against its being made use of at ah* by others, who are never so unjustly assaulted, and in danger of their Lives from their Fathers violence. If the first Principle be true, (on which this is founded) that a Son may exercise this Right of self defence in such Cases, without any intrenchment upon his Father's Paternal Authority, or that Filial duty and respect which he must always; owe him whenever he returns to himself, and will, behave himself towards him as becomes a Father, and not like an Enemy or Cut-throat. .j.i .<

And as for the Quarrels and Confusions, which you alledge may happen in Families between Fathers and Children, in case such a liberty should be allowed, those inconveniences will prove very inconsiderable, if you please to take Notice: That, first, I do not allow this Right of Resistance to be exercised by any Children before they attain to years of discretion. Secondly, that after they have attained to these Years, no Resistance ought to be made against a Father, whilst they remain part of their Father's Family, but only in defence of their own, their Mothers, Wives, and Children's Lives; since I grant> that a Son as long as he continues a Member of his Father's Family, ought to bestow all his own labour for his Father's profit, and cannot acquire any Property either in Lands or Goods without his Father's consent: And since you conceive this' Right of self defence, if allowed to Children, would be the cause of so great mischiefs in Families, if Children should have any Right to judge when their Fathers abused their Powei over them; let us a little consider on which side this abuse is most likely to happen; for if you please but to look into the World, and survey the Nature os Fathers and Children, and set the faults of the one against the other, you will find, that (as I confess) it is the Nature of many Children to contradict and disobey their Fathers Commands, and that most young People hate restraint*, and love too much liberty, and may oftentimes think their Fathers too harm or severe to them, when they really are not; yet doth such false Surmises and disobedient Actions, seldom end, either in absolute Resistance, or taking away their Fathers Lives by force; or if they do so, it is really done for their own defence, or whilst they are assaulted by them in their own Lives, or those of their Children; but is commonly acted privately, to satisfy their own revenge or malice, which I hold to, be utterly unlawful: So likewise let us consider on the other side, those P- n< temptations that Fathers lie under of injuring their Children!, or taking away?" **' their Lives, or using them like Slaves, withoat any just Cause; you'll find that they, by reason of their Age, natural Temper or Infirmities, may be easily transported to that degree of Passion, that not considering the Follies of Youth, they may oftentimes, in their Passion, either beat them so cruelly, as utterly to disable or maim them, or else take away their Lives for little or no Cause. And besides, Fathers being often covetous and ill natured, (which are the Vices of old Age) may (where there is no Power over them to restrain them from it) either keep, them as Slaves themselves, or else sell them to others for that purpose, (as. I have already given you an Example of the Negroes in Africa) and which of these two inconveniences are most likely to happen between Children and Parents, in the State of Nature, I ihould leave to any indifferent Man to judge between

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us. And therefore I think, it more conduces to the good and peace of Families, and consequently the happiness and preservation of Mankind, (which are the end of all Laws) that Children mould be allowed these Rights (I have already laid down)' of asserting their natural Liberty from Slavery; and defending their LiveSj and those of their Wives and Children, from the unjust Violence of their Fathers, than that they should be left wholly at their Disposal to be maimed, killed or ruined, whenever their Covetousness, Passion or Malice may prompt them to it: Since if all Fathers were satisfied that their Children have a Right thus to defend themselves in these Cases against their unjust Violence, it would be a means to make them act more cautiously, and to behave themselves with greater Tenderness and Moderation towards them. :.

So that to conclude: I utterly deny that these Principles, I have here laid down, do at all tend to countenance Rebellion, or railing Disturbances in Civil Governments; since I cannot allow you have proved Parents to be Princes or Monarchs in the State of Nature, or that Families, and Kingdoms or Commonwealths are all one: Or if I should grant them to be so, yet would it not therefore follow, that every private Subject in a Civil State hath the same Right to defend his Life, or that of his Wise and Children, against the Violence or Injustice of the Supream Powers, as a Son may have in the State of Nature to defend his Life, &c. against his Father's Rage or Violence; since I grant no particular Subject, on his own private Account, can contradict or resist the Supream Power of the lawful Magistrate (however unjustly exercised)- by Force, ~without disturbing, or at least endangering the Quiet and Happiness of the whole Community, and perhaps the Dissolution of the Government itself, which is against the Duty, not only of a good Subject, but also of an honest moral Man, who will not disturb the publick Tranquility for his own private security or revenge. But in private Families the Case is otherwise, and'Children may resist their Father in the Cases already put, without introducing either Anarchy or Civil War in the Family; since it can scarce be presumed, that either their Mother, Brothers or Sisters, will take part with a Son or Brother, against their Hufband and Father, unless it were that they might thereby hinder him from committing Murder, by defending their Son or Brother's Life, when thus violently and without cause assaulted; and if it should sometimes happen otherwise, yet this would be a much less mischief, than that, out of this sear, the Lives and Liberties of an innocent Wife and Children should suffer, without cause, by his Drunkenness or Passion.

But as for the Resistance which Sons may make in the State of Nature, and when separated from their Father's Families, it is of a much larger extent, since they may then not only defend their own Lives, but also those of their Wives, Children, and their Estates, against their Father's unjust violence. Though I do here likewise restrain this self defence only to cases of actual Invasion or Assault of such Fathers upon the Lives and Estates of their Children, in which Cases, I also absolutely condemn all Actions and Proceedings, done by way of prevention, before such violence or assault is actually begun to be made upon them; much less do I allow of any revenge or return of Evil for Evil by such Children, when the danger is over; since however such revenge may be lawful between Persons in the State of Nature, no ways related or obliged to each other; yet do I by no means allow the fame privilege to Children against their Parents, since I look upon the Obligation they have to them, to be of so high a Nature, that it can never totally be cancelled, tho' in those Cases of self preservation and defence they may be suspended for a time. As if I owed my Life, and all that I have to some great Person, who hath either saved the one, or bestowed the other upon me, though I should be very undutiful and ungrateful too, if upon his becoming my Enemy, though without any just cause, I should go about to return his injuries in the fame kind; yet were I not therefore obliged to give up that Life and Estate he had before bestowed upon me, whenever he thought fit, without any just occasion to take them away; and I am confident that Resistance in these Cases, and with these Restrictions, doth neither derogate from that Gratitude and Piety, which Children always ought to pay their Fathers, nor yet can tend to encourage either Anarchy or Rebellion; since such Sons, when once married, and are become Masters or Heads of Families themselves, then cease to be under their Fathers Subjection as they were before, though I confess they are

always always to honour and reverence him according to God's command in all Cafes, wfyen they will deal with them as Fathers, and not as Enemies.

M. I shall no longer dispute this Right of Resistance in Children in the Cafes you have put, since I fee it is to little purpose to argue longer with you about itbut this much I think is still true, that all Supream Powers whatever cannot without Rebellion and absolute Dissolution of the Government be resisted by the Subject; so that if the Government of Fathers or Heads of Families be Supream, as you seem to grant, that cannot be resisted neither, without bringing all things therein to Anarchy and Confusion.

F. Pray give me leave, Sir, to interrupt you a little; I desire you to remember that I do not ^llow the Power of Fathers or Masters of Families to be any more then Oeconomical, and not Civil Power; and Thave already '{hewed you, how Resistance of such a Power, when violently and unjustly exercised, may be resisted without any Anarchy or Confusion in the Family: But as for Resistance of Qivil Powers in some Cafes, it is not the Subject of this Discourse; and therefore I desire you would now mind the Subject in hand, and not pass off to any other, till we have difpatch'd this, so that I would rather, if you any fresh Objections to make, that you would now do it, because it groweth late.

M. I must confess ingenuously, your Arguments have much staggered me, since ^ fee great inconveniences may happen on either side. For if the Father or Master may be the sole Judge, when and how he may exercise this absolute Power, I grant all those Mischiefs may sometimes fall out, which you have here set forth: So on the other side, if the Children may be Judges in their own Cafe, tncjib' "Evils may often happen, which I have already alledged. And therefore pray pardon the, if I am not too hasty, in altering my Opinion in this Point, without better consideration. But methinks you have not yet fully answered one of my main Arguments, to prove the Power of Life arid Death to proceed from God alone, and'therefore must have been conferred at first onAdam, since no Man hath a Power over his own Life, (as I said before} arid therefore cannot have it <j^et'that of others. ,

"F. 1:1 thought' I had already as good as answered this doughty Objection,' wfteh I had yielded to you, that neither private Men, nor Masters of Families, It&e" any Right to defend their own. Lives, much less to take away those of others; but as it is granted them by God in the Law of Nature, in order to the procuring the great end of it, viz,, the happiness and propagation of Mankinds which I own could not, in this lapsed and depraved State of Nature we now are' in, long subsist without such a Power. Yet I think I have already sufficiently proved, that we have no need to recur to I know not what Divine Charter granted by God to Adam, or Noah, and from them derived to all Civil Magistrates, that ever have been or shall be in the World, the Consequence of which would be, that no Sentence of Death cpuld be justly given against any Man, but in such Kingdoms or Commonwealths, who own this Authority as conferred on them by God in Adam or Noah, from which they must derive their Title to it. TSfow I desire you would shew me how many Kingdoms or Commonwealths there are in the World, who ever heard of, much less owned this Divine Charter, this fine Notion, yea scarce reaching farther than some few Divines and high Royalists of our own Island.

'But be it as it will, the Antecedent or first Proposition is not true, that no Man in any case whatsoever hath Power over his own Life, and therefore neither is your Consequence; for I suppose, that for the same end for which the Civil Powers may take away another Man's Life, viz,, in order to the greater good of Mankind, (of which my Religion or Country is a part) I am likewise Master of my own, and may lay it down or expose it, when I think it can conduce to a greater good than my single Life can amount to. And therefore, the Example ofCvdrm the Athenian King is highly celebrated by all ancient Authors, and is not condemned by any Christian Writer that I know of, for exposing himself to certain Death to gain his Citizens the Victory, the loss of •which would have been the rain of that State. And in the first Book of Maccabees, Chap. 6. 43. (which though it be not Canonical Scripture, yet is allowed to be read in our Churches, as containing Examples of good Manners) you may read that Elea&er, the younger Brother of Judas Maccabeus, is there highly commended for his Valour in killing the Elephant, on which the supposed King

1 tj Antiochui Antiochus was mounted, that he might thereby destroy him likewise, though he might be assured of his own Death, by the Elephants falling upon him: And the Zeal for the Christian Religion amongst the Primitive Christians was so great, that we may read in TertuSian, and divers Ecclesiastical Historians, of whole Troops of Martyrs, who, though unaccused, yet offered up their Lives at the Heathen Tribunals to a voluntary Martyrdom. And farther, Eusebius himself doth not condemn, but rather commends some Primitive Christians, that being like to be taken by their Heathen Persecutors, cast themselves down headlong from the top of their Houses, esteeming (as he there tells us) a certain Death as an advantage, because they thereby avoided the crueltyand malice of their Persecutors. I could likewise give you (if it were not too tedious) several other Examples of Ancient Martyrs, who have given up themselves to certain Death, to save the Lives of some of their Friends, or else of Christian Bishops, whom they lookt upon as more useful to the Church than themselves, and which St.Paul himself does likewise suppose to be Lawful, when he tells the Romans, That though scarce'lyfor a righteousMan would one die; yet per adventure for a good Man some would even dare to die, that is, a Man highly beneficial to others. And the fame Apostle, in the last Chapter of this Epistle, returns thanks to PrifciUa andAquila, not only on his own behalf, but also for all the Churches of the Gentiles, because they had for his Lifelaid down their own Necks; that is, hazarded their Lives to save his, and where ever they might have thus exposed them, surely they might have lost them too. And therefore I think, I may with reason affirm, that in most Cases, where a Prince or Commonwealth may command a Man to expose his Life to certain Destruction for the publick good of his Religion or Country, he hath Power likewise to do it of his own accord, without any such command, the Obligation proceeding not only from the Orders of his Superior, but from that Zeal and Affection, which by the Laws of God and Nature he ought to have for h)s Religion and Country, even beyond the preservation os his own Life.

M. Well, I confess, that this that you have now said, carries some colour of reason with it, and is more than I had considered before. But pray resolve, me one difficulty more, which still lies upon my Mind. By what Authority, less than a Divine Commission from God himself revealed in Scripture, do Supream Powers take upon them to make Laws? And that under no less Penalty than Death itself, against such Offences, as by the Laws of Nature do no ways deserve Death, such as Theft, Counterfeiting the publick Coin, with divers other Offences, needless here to be reckoned up. And if a Father (as you will not allow him) hath no Right over the Lives or Persons of his Wife and Children, I cannot see how a Master of a separate Family can have any such Power, more than his Wife, or any other of the Family; and the Scripture seems to countenance this Power of punishing for Murder, to be in any that will take it upon them; and therefore you fee Cain said, whoever meets me, wiU flay me.And God tells Noah, whoever Jheddeth Man's Blood, by Man Jhatt his Blood be /bed, without restraining it to ariy Man particularly who is to do it.

F. This Objection is easily answered, if you please to consider, what you yourself did a good while since urge to me, that God endowed Adam with so much Authority, as should enable him' to govern his own Family and Children as long as he lived; which I readily granted you, and I only differed in the manner of its derivation, you affirming it to proceed from a Divine Charter or Grant by Revelation conferred upon him by God; and I maintaining, that both he, and every other Master of a separate Family, derive it only from God's natural, and not revealed Law, which if it be well proved, such Masters of Families, as also all Civil Powers (whom I suppose to be endued with the Power of all such Masters of Families or Freemen taken together) may for the fame end,(viz..) the good Government and Peace of their Families and Commonwealths, make Laws under no less a Penalty than Death it self, against such Offences as by the Law of Nature do not deserve it; since without such a Power (the wickedness of Man being come to this height it is) no Family or Commonwealth could be long preserved in Peace or Safety. And therefore, I suppose you will not affirm, but that such a Master of a Family may very well inflict any Punishment less than Death for such Offences, which if they find too gentle to amend those Crimes, they may likewise for the same reason increase the Punishments ordained for it. And therefore I yield, that tho* These doth not in its own Nature deserve Death, yet if the Master of such a separate Family shall find his Children or Serv ants to be so addicted to this Vice, as not to be amended by any less Punishments than Death, he may, for the quiet of his Family, make a general Law, that whosoever for the future shall commit Theft, shall suffer Death; and I doubt not but such a Law, when promulged, may belawsiolly executed; since this Master of a Family is intrusted by God with the sole Power of judging, not only what are Crimes, but also what are fit Punishments for them, since both are alike necessary for the happiness and preservation of the Family. And I so far agree with you, that such Masters of Families have as much Power ever the Lives'of their Children andServants, as the most abjolute Monarch* have over their Suhjetls, that is, for their common good, and no farther. And upon the fame Principles do all Kings and Commonwealths inflict capital Punishments for the Transgression of all siach Laws, as do any way entrench upon the common Interest and Safety of their People; and upon this ground, they may justly inflict no less Punishments than Death, for Coining of false Money, which is but a soct of Theft from the publick Treasure of the Commonwealth. And the same may be said for all capital Punishments ordained against other Ossences pf the fame Nature. ^ -;\ ■■, •

M. If Fathers or Masters of Families are endued by God, (as you your self Bow own) not only with this Power of Life and Death, for enormous Crimes against the Laws of Nature, but also to make new Laws, or ordain what Punishments they please for such Offences, as they shall judge destructive to the quiet and happiness of their Families, I fee no difference (notwithstanding what F. P. you have hitherto said- to the contrary) between Oeconomical and Civil Power. SectFor if we compare the natural Rights of a Father or Master with those of a King or Monarch, we shall find them all one without any difference at all, but only in the latitude or extent of them. For as the Father or Master over one Family in the State of Nature; so a King, as a Father or Master over many Families, extends his care to preserve, feed, cloath, instruct, and defend the whole ■Commonwealth; his War, his Peace, his Courts of Justice, and all his Acts of Sovereignty, tend only to preserve and distribute to every Subordinate, and Inferior . Father and his Children, their Rights and Privileges. Hath a Monarch Power to make new Laws, and appoint what Punishments he will to enforce their Observation? So also hath a Father of a Family. Hath an absolute Prince Power to command or dispose of the Goods and Estates of his Subjects, for their common Quiet and Security? So also hath a Father or Master of a Family. So that all the Duties of a King are summed up in this universal Fatherly care of his People; and if the Sovereignty be the-fame, I cannot see any Reason, why the Rights and Prerogatives of it should not be so too. And therefore, if Nonresistance against their Authority be an unseparable Prerogative of Sovereign Power; then if a Father or Master of a Family be endued with it, he ought no more to be resisted, than the most absolute Monarch.

F. I perceive your Head is very full of this Notion of the Identity of Natural and Civil Power, or else you woujd never insist so long upon it as you do, after what I have proved to the contrary. And therefore, since I see you look upon this as your topping Argument; ,1 shall do my endeavour to shew you more .plainly the difference between them.. For though I grant, that such Fathers or -Masters of Families, (as we here treat of) are endued by God with divers JPowers., which are analogous, or perhaps the fame wish those of a King or .Monarch, that is, of defending their Families, as far as they are able, from Foreign force, and Domestick injuries, and of revenging and punishing all Ossences that may ,prove prejudicial or destructive to the peace and happiness of their Families; yet doth it not therefore follow, that the Government of private Fajnilies and Kingdoms are all one, since they differ very much, not only in their Institution, but also in their End. For first, the Fatherly Power by the Law of •Nature is ordained only for the Generation and Education of the Children, till .they come to be grown up; and his Authority, as a Father, is ordained by God only for those ends; and therefore this Relationiof. a Father is so .inherent in him, .that it can never be parted with, or assigned, over to any other, so as to .make the Child or Son so assigned,, to .owe. JGhte /ame duty to him, as he did .to his Father. '.< ,:j . .; . -;

"there is also, besides the Power of a Father, that of a Master or Head of a Family over his Children and Servants, whilst they continue Members or Subjects of it, which Power I grant may be assigned, or made over to one, or more Persons, whenever such Master shall think fit to institute a Kingdom or Com*monwealth: Yet, as Dr.Sanderson very well observes, this Power of a Master differs very much from that of the Civil Powers of a Kingdom or Commonwealth, as well in the Object, as End of this Power. For first, the Power of a Father is only over one single Family; whereas that of a Commonwealth is over divers Families, united under one Civil Head-Secondly, In respect of the End, the Power of the Master is chiefly ordained for his own Interest and advantage; but that of the Civil Power chiefly respects the good of the whole People or Community. Lastly, the Power of the Master of the Family is only for the maintaining his own natural Property in those things which he hath acquired in the State of Nature; whereas one great End of Civil Government, is to introduce and establish Civil Property in things, according to the Laws of the Commonwealth, and also to maintain it when so constituted. To conclude; Fathers beget their Children, and Masters acquire to themselves Slaves and Servants, but it is from the consent ofseveral Fathers or Masters of separate Families, that / any fort of Civil Government commenced at first; so thatthe People at first made Kings, and not Kings the People: And further, it is the duty of Fathers and Masters to provide for their Children and Servants, but the People ought to provide fer their Kings, not only for their Necessities, but for their Magnificence and Grandeur; so that the Power of Fathers and Masters is Natural, whereas that of Kings and Republicks is Political and Artificial, as proceeding from Compacts or the Consents of divers Heads of Families or other Free-men. And as Kingdoms and Families differ in the manner of their Institution, so do they likewise in their Ends, which is of a far larger extent in the latter, than in the former; the main design of instituting Kingdoms and Commonwealths, being not only to defend their Subjects from such injuries or violence that they may do each other; but chiefly, by their united Forces, to guard them from the violence and invasion of Foreign Enemies.

For though I grant, it may sometimes happen, that a Family may consist of so great a number of Children, Servants or Slaves, as may make a little Army, such as Abrahams was, when he made War against the four Kings; yet is this purely accidental, and not at all essential to the being of a Family, which is as perfect in all its constituted parts, if it consists of three or four Persons, as of three or four hundred. Whereas a Kingdom or Commonwealth cannot subsist, unless it can either by its own Power, or united Forces, defend its Members from Foreign force and invasions: So also in private Families, in the State of Nature, there can be no Property acquired in Lands or Goods by any Member of it, without the Master's express will or permission. But in all Civil Governments, the very institution and preservation of Civil Property was one of its chiefest Ends, which may easily be proved by experience: Since in all Nations, where there is any Property either in Lands or Goods, there is a necessity of some Civil Government to maintain it. Whereas in divers parts of Africa and America, where there is no distinct Property in Land, and where there are no other Riches, than every Man's small Cottage and Garden, with their Hunting and Fishing Instruments, there is no need of any Common or Civil Power over them, higher than that of Masters or Fathers of Families, who own no Superiority among themselves, unless it be when they go to War, and then they chuse out of their own Numbers, for their Captains or Leaders, those whom they know to be stoutest and most experienced, whose Power determines as soon as the War ceases.

But to make an end of this long Discourse, suppose I should grant all you can desire, that Oeconomical and Civil Government do not differ in kind, but in largeness or extent; yet will it not follow, that therefore it must be in all Cases irresistible, since I think I am able to prove, that no Power whatever (except that of God himself) can be endued with this Prerogative, if once it goes about to frustrate, and destroy all the main Ends of Government,(viz,.) the happiness and safety of the Subjects, either by downright destroying of them, or else by reducing them to a condition of Slavery and Misery. But to let you see, I would deal fairly with you, I will discourse this Point of Adam sSove

* reignty


{49}
no farther, but will at present take it as the Lawyers fay, de lene ejse, or for suated ; -and L desire you would shew me in the next place, when Adam died, by what Law^ either Divine or Natural, Cam or Seth (chuse which you will) COdhVirbmraand oVer all the rectos" his Brethren,' and their Descendants- And then again, if you could do this, what benefit this Doctrine would yield to all fences and -States -at this day, or how you intend to deduce a Title for them, from Adam or Noah, or any of their Sons, to their respective Kingdoms, and consequently to an absolute Subjection of their Subjects, without which all your Hypothesis willigfeiry siodi»|&;|^* *? i |'c * i f I 1 r I  M. U*nuft ietmji you thWfcSfr-Sir, fqrv^ur> candid ■dealing, .and for the great

pains you have taken to enlighten my Understanding in this important Question. And though I doubt, you have laid down Principles not so suitable to God's Will revealed in the Holy Scripture, yet I will not impute it to any want of sincerity

in yourself, who, I hope, are satisfied of the Truth of what you have maintained; so on the other life, I 'jcfesire you not to take jt ill^ if I canrtot leave my own Opinion, which*rhave always Hitherto lobRtupdn, as most suitable to the Doctrine of the Church of England, to the Practice of the Primitive Church, and to the Laws of the Land, and must continue therein, till I am convinced I am stf^an Erfdr.1 BltV since I1 defire'to have anirtnex^Conversation with you upon th^,|npc«jMiN Subje^)prajvsoilet ,me IpoV vhesti^ jhall ij\*et.kgain,. that I may* prove to you from \he Holy Scripture, as well as those Authors J have perused, that there is a -Divine.Right dfXBlm -institutei^if GfoJ'for theSucfejfion of Kingdoms, which cannot without a kind of" Sacrilege, or the highest Injustice, be taken away from the Right Heir.

fl 1 kindly accept youir proffer, and, if you please, shall discourse this important Question with you to Morrow in the Evening, if your Occasions will give you lea vet ' • '. no 1 •'• '016 '' r'V '* !.*

;fljf.. I expect yon between seven and eight, and in the mean time am your Ser-.



Bibliotheca politica


DIALOGUE II.

Whether there can he made out from the No* \ iuraly Or Revealed Law of God, any Suc•y cejswn toCrowns by Divine Right? »• i*j i"}

O U ate, I see, Sir, a punctual Man to your Hour: Pray 2S»^®^^I*' do me the favour tq sit down, by the Fire, I will but make an end of what I am writing, and wait on you presently.

F: Your Servant, Sir, take your, own: time j but pray remember the point you are now to satisfie me in.

M. Now, Sir, I have done; and if I remember right, I am to derive a Title to all the Kings and Monarchs that have ever been, or shall be in the World, from that supream fatherly Power conferred by God on Adam. As for Commonwealths, which I must own to be of meer Humane Invention ,• tho'1 will not fay that they arc absolutely unlawful, yet I think they are not the Powers ordained by God in Scripture.

F. Well, Sir, we will discourse farther os that anon; and therefore I do assure you, I do not desire any more or" you now than that you should prove the Divine Institution of Monarchy; and I think that-task sufficient if it can be made out in one or two Meetings, M. It may seem indeed somewhat absurd to maintain, that all Kings arc nowT. P. Ch. i. the Fathers of their People, since you'll fay Experience shews the contrary. It 4 8. is true all Kings are not now the natural Parents of tliciij Subjects, yet they all

either are, or are to be reputed the next Heirs to those Primogenitors, who were at the first the natural Parents of the whole People, and do in their Right succeed to the Exercise of the Supream Jurisdictions and such Heirs are not only Lords of their own Children, but also of their Brethren, and all others that 'were subject to their Fathers: and therefore,, I suppose, that God, when he conferred this Supream Power on Adam, , did not intend it should die with him, but descend to his Heirs after his decease.

F. Well, I shall at present grant you all this likewise, thbugh it might be Ibii. questioned. But pray, who were those Heirs? many, or but one Person?

M. 1 suppose you will also grant me at presenr, what we before disputed, that the Power of Fathers over their Children, being the Fountain of all Regal Authority, by the Ordination of God himself, it follows that Civil Power not only in general is by Divine Institution, but even the Assignment of it specifically to the eldest Parents.

F. Pray whom do you mean by eldest Parents? our great Grand-mother Eve * For if you mean by it one that first had had Children' she must come in as next Heir, to Adam by these Word*. {'

AT No, Sir, you altogether misapprehend me, I mean the eldest Son dt Adam; Eve was his Wise, and could have nothing to do to inherit in an Hereditary Monarchy as this was.

F. I beg your pardon, Sir, if I misunderstood you, but you must thank the Loosoess or Impropriety of your Expression for it; for, I suppose, you cannot deny, but eldest Parents commonly signifie either the eldest Men, or Women that have Children, or those who have longest had Issue; and then in either of these Senses, our great Grand-mother Eve stood fairest to be Heir of this Divine Power of Adam : But this I am sere of, Parents can never signifie Heirs Male or Female, much less a Child who may sometimes (according to your Hypothesis) happen to be Heir. But since I am gotten into this Mistake, I shall not leave my hold, but shall make bold a little,to argue our great Grand-mother's Title; for indeed I cannot, see any reason why her eldest Son (for Example) mould r have any right to govern his Mother, and all his Brothers and Sisters, whilst see was alive. .■ ,. .; "i , >-■ ■

For first, if your Argument from Generation must be good, that every Man that is born, becomes a Subject to him that begets him, this Argument will serve for Eve, as well as Adam; since (as I have already proved) the Mother hath as great (if not a greater) seare in the Generation of the Children, than the Father: Or, secondly, if you insist upon the Divine Grant, you so much talked os last time, of Adam's Dominion over the Creatures, in which his Children were; included j_ I then proved to you, that this Grant was made as well to Eve as Adam; and consequently, that either see must, have thereby an equal right with him, or at seast after his Decease, to this Dominion, as a Husband and Wife, when joint Purchasers have to an Estate at Common Law. And lastly, if the/Qommandment of, Honour thy Father and thy Mother, were then in force by the Law of Nature, or by express Command from God) and that by Honouring, obeying must be meant (as most Commentators agree) then it will follow, that after Adams Decease, all Eve's Sons and Descendants, though never so remote* were tp have obeyed, or been subject to her, and not to her eldest Son, unless you can ftew me that the Salique Law, against the Succession of Women, was made by Adam the first Monarch, which, I suppose, you will not undertake to prove*. . .. ;_.

M. I must confess I did not consider this Difficulty; for indeed it might never have happened, since £w might have died before Adam; or if see did outlive hiin (which is uncertain) yet see was then very old, and consequently (besides' the natural weakness of her Sex) uncapable or unfit for Government, and so might very well leaveittoSeth; since Cain, the eldest, had by the Murder of his Brother, and his flying away into another Country, forfeited his Birth-right, and made himself uncapable of the Succession.

F. §p then here is a Forfeiture, and an Abdication of this Divine Right of Succession in the very first Descent; whereas indeed I supposed, that this Divine, Right had been at least as unforfeitable as the Crown of England; the yery^ Descent of which, as our Lawyers tell us, purges all Defects in the next Heir,^ though he had murdered his Father and elder, Brother too. But I only shew, you the Absurdity of this Notion, and seall not longer insist upon it j therefore pray proceed. _ ■. \ , ,

M. I can't tell what might, have been said, if Cam had come to claim his Birth-right: But this is certain, that he neither did, or could come to do it, B- psince God condemned him to live in a strange Country far from his Brethren ; c z' Se""9' and we read, That Cain -went out from the presence of the Lord, and dwelt in the Land Gen. 4. 16, of Nod, on the East of Eden; and he built a City, and called tlx Name of it Enoch, 17. after the Name of hisSon Enoch. And there are four Descents set down immediately of his Family, which could be no other than the Princes of that City of Cains Race. So that you see, even in Cains Line, the Principality descended to the eldest Soh.: -  ' \  .

F. I confess Cain's Children and Grand-children are particularly set down in Scripture; but that they were Princes or Monarchs over their Posterity,or which way this City was governed after Cains Death, whether by one, or by all the Sons of Cain, is no where mentioned: But I see some Men can find even absolute Monarchy in a Text, where the Scripture mentions no such thing; and no wonder, for the Akhymists hav;e found .out likewise the Invention of their Elixir* or Philosophers Stone, in such Texts as you and I can see no such thing. But to be more serious: n

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That a Father sliould be Lord over his Children and Posterity, I confess there may be some colour of Reason, though none cogent enough to make it out: But that an elder Brother hath any Natural or Divine Right to be Lord over all the rest of his Brethren, I can find no ground for in Reason, even upon your own Principles; for if every Man by his Birth becomes the Subject of him that begets him, it will neceslarily follow, that a Man by his Birth cannot become a Subject to his Brother, who (sure) did not beget him.

Therefore, I suppose, you will still insist upon that place in the fourth of Genesis, which you cited at our last Meeting, when God told Cain, speaking (as you suppose) of his Brother Abel, His iefire Jball be subjeU untothee, and thou Jhalt rule wer him. From which Words I then told you, I thought an absolute Subjection of Abel,and of all younger Brothers whatsoever, could not reasonably be inferred: For you may remember I sliewed you, that this Promise by God to Cain, concerning Abel, might be only personal, and ;relate to Abel ov&y, and not to the rest of his Brethren, much less all other younger Brothers, that sliould be in the World. And in the next Place, this Ruling might only have been by Ad-4 vice and Persuasion, and not by any Authority or Right of commanding hmr. So that if this be the Place (as I suppose it is) from whence you would deduce your Divine Right of elder Brothers being Monarchs over the younger in all Hereditary Monarchies, I must freely tell you, I think it a very bold Undertaking to found a Divine Right upon such doubtful Expression*;, as these of God to Cain. s i > ■'•>' • J

M. I confess, I was now about again to urge this Place to you j for as Lwas* not then well satisfied with your Explanation of ie, which: you now again repeat, so upon second Thoughts I am much more unsatisfied with your Paraphrase

4. upon them. For you seem to me plainly to pervert the Sense of the Words, and make them signifie just nothing. For sure when God spake the same Words to Eve concerning Adam, as he did to Cain concerning Abel,can you conceive they were meant personally to Eve only, and concerned no other Wife that sliould be after her? Or can you assign any Reason why these Words should be rather meant personally in the -last; and not in the first case? unless you will do it out of pure love to Anarchy and Confusion.- And if you fay these Words do not signifie any despotick Power, but a ruling or governing by fair means or Persuasion, this seemeth meer trifling with • God's Word, who fays expresly, Thy Brother s desire Jball be subject to thee, that-is, (fay you) as far as he thinks fit; and thou /halt rule over him, that is, if thou hast the knack to wheedle or per

7,suade him. Would not this have been a mighty Matter for God Almighty to have appeared to Cain about, and an excellent Argument to comfort him, and to appease his Wrath against his Brother? So tharit seems apparent, by this Law given by God to Cain and Abel, that this Regal and Paternal Authority was not to die with him, nor to be equally divided amongst all his Children at his Death; or that from thenceforth no-Man should have a Right, by Birth, of commanding another; for this Command to Abel-could not be supposed to take Place in the Life ofAdam, for then Adam was Lord over all his Children, and so none of them without his'Permission could rule over the rest ; and if it were otherwise by Adams Appointment, then Adam was the Sovereign still, and the Son or Grandson, so exercising this Power, was but his Deputy: But after Ada?n's Decease, then it became a real Sovereignty in his eldest Son, as having none butGod-superiour to it. •• '• ''

R I hope you will judge more charitably of me, than to believe that the Sense that I have put upon these Words, though different froni yours, is out1 of any love of Anarchy or Confusion, much less out of any design to1 pervert dr wrest this place of Scripture: And if I sliould be so severe as you are, perhaps I might with more reason lay this Charge at your Door. For, in the first place, I am not satisfied with your Arguments that these Words could not be* meant personally, or concerning Abel only; because the same Words-, when spoken of Eve, do likewise concern her Posterity ; and therefore, when spoken concerning Abel,they must likewise relate to all younger Brothers in Hereditary Monarchies; which consequence I may with very good- reason deny, for whatsoever Subjection may be due, by vertue of the like Words, from Eve and her Posterity, to Adam and all other Husbands, is to be supposed to have been enjoined, because all Women are descended from Eve, and so. were represented by her as their first


Parent. Thus St. Paul supposes all Men to be in a State of Sin and Death, as represented by Adam, their Ancestor,by -whose Disobedience all have finned. But no Row, 5. n, Man will affirm, that all the elder Brothers or Monarchs in the World were re^ presented by Cain, and all younger Brothers by Abel; no Man ar this day being (as appears in Scripture) descended from either of them: And I cannot but take notice, that the Better to strengthen your Notion, you again foist in out of the Margin of our English Bible, His Desire JhaU be subjectifaheei whereas in the Hebrew it is no more than, xHt?,'or its DesirefiaS be to thee.

Arid that the Words rule over are to be interpreted according to the Subject, and do not always mean a rulingby force, or command, appears by the fame Hebrew Words made Use of in .the.'first' of Genesis, concerning themo great Lights 'that God Ver. 17,18. set in the Firmament, to give Light' Us on she Earth, to rule over the Dayand over the Night; which cannot signify a ruling by force or command, but only by a natural influence or preheminence of the Sun and Moon above the Stars or Planets. And tho!y6u are pleased to ridicdle this Explanation of mine, yet I think l may with as much reason tre^t yours with the like Contempt- For since your self grant, that this Power of Cam Over AM'was not to; commence tift after the Death of Adam, and that this.Murder of Abet was committed above'a hundred Years after Adam's Creation/ appears by the time of the Birth ot' Seth (who was born some time as- Ger.. 5. %. i£$ Jj&fs Dea^h). would Jripfc this "thing .'HaVe beest1a:mighty Comfort to Cain, •when he was iH his dogged^ Humour; if God had bid him cheat*"dp"; for the time fliDuld come, that, if hebe'haved himself"well, about eight hundred Years hence, whfcntu*s Father7 Adam should die, he should then lord it over his Brother, and be rtvenged 6f hiriifor the Affront he had received in having his Sacrifice preferred before his own? So that this Interpretation of yours is so absurd, that I do much rather agree with divers learned Commentators, as well Jews as Christians, who make'jiot only a quite different Interpretati6n, but also a different Version of these Wotds from the Hebrew Text : And if you have the Learned JesuitMenochim's Notes upon the Bible, I pray let me fee them. Here pray observe what he fays upon this place':' Sedsub te erif appetitus, ejni In Hebrao & apud LXX est, Ad te conVersio'pus. V Sinfusjfl'■:Peccatum ejufqueappetitus & concupisentia te foUicitabit ad confenfum ; fed itaf.'uf 'dd tecortverti^ & a te confenfum petere &impetraie debeat. Id noster interpret adfenfu'm'dare vert it, Sub te er it appetitm ejm. By all which he means no more7 than that Sin should tempt or sollicit him to offend, but that he should rule dver1 it, that is, had a Power so to do, if he would use it as he ought. So likewise Mr. Ainfworth upon this £lace (as you may fee inPool'sCriticks) puts a like Sense upon the.following Words, referring the whole Sentence to the Sin, in these Words:Peccatum ponitur pro pœna peccatV y'juxtaHibrxos ita accipitur, Gen. 19. 15. LeV. io. 2. 1 Reg. j- p. SeJtfus'est:Propete punitio piccati, & ad te desiderium tjm; i. e. cupit te pœna peccati tui, ut folet post peccatum admiffum ;fedtu, si vis, dominaberis iHi, i. e. potes declinare peccatum. Q. d. Pœna hacsicut' sanis est, qui ad ostium cubat,cupiens ingredi ; fed in potefl/ife'Domini ejt' yel claudere ostium ne irigrediatur, vel aperire ut iniret, Prcbattcrhie fens us i. Prim membrum de pramio loquitur, reportabis fcil.prar ntiutft; ergo poster/ut loquitur ak pœna,peccatum janb'merat ipsi, punitio vero nondum, fed ad fores erat. So that, according to these learned' Commentators, this Place is ^6"be thus turned out of Hebrew': Jf thou dost not roeH, Sin Heth at the door, and toimf is. its desire; but thou ttiam or fkalt nits'over it. Which seems to me to be a much more' genuine' and rational'jntcrpretationlthan thar qf our Englijl ot Latin Bibles. • So that I thfntf I'may justly except against the Authority of so doubtful and obscure a Place, as sufficient to, found your Monarchical Power of elder Brothers in the Stare of Nature. .its.:

J; M' Well, Shy since yon are no better1 satisfied with this Testimony out of Genesis, fat the Divine Right of .Primogeniture, I will no longer insist, upon it; tho' I am not yet cdrfviijced, but' that my Interpretation of this Place is truer than yonrs, 6nC<lrhave likewise great* Authorities on my side, both antient and modern, bcfieiisour common Versions* to authorize it; and therefore since I have many other Examples out of Scripture of this kind; I shall the less insist upon it, but will now proved to the Examples tsefore the Flood. First therefore, it seems highly probable,' if not ''certain,' that Whatever Civil Government there wis in the World before that Period of Time (as it is very rational to believe there necessarily must be some in so' fong' a Space as neat 20b Years) it was chiefly adrh'inistred by those first Patriarchs, whose Names you'll find particularly recited in the fifth of Genesis: "r . And


{54}

B.P.P. $ 51. And sure that long Chain we there have of them, by whose Lives the Chronology of the World is only reckoned 'till the Flood, were in their several Generations considerable Persons, nay Princes over their own Families, which'.could not but be very numerous: And indeed the very counting the Age of the Works by the Years of their Lives, is to me an Argument, that they were no obscure, unregarded Men, but that they were either Monarchs or Princes of all Mankind, or at least over that part of the World in which they lived: And Jcsepbtp is likewise of my Opinion, in the first Book of the- Jewish Antiquities, where (as you may fee) cap. 3. he exprefly tells us thus : Seth autem centefimo & qujnto anno genuit Enos. Qui dum quinque & nongentos vixijfet annos,rerum cur am tradjdit. filiosuo Cainx: And immediately after proceeds thus, Lamechum autem filiftm ger nuitMatbuselas, Enocho ortus, cum annos ipse haberet œtatis CLXXXVII. Imperium veto Lamecho eidem tradiditparens, quod jam temierat ipse annos DCCCCLXIX. JjOr mechus parker Principatum reliquit Noe filio, pojlquamregnajset annos DCCLXX VU> Noe deniq; rerum jummam tenuit annos nongentos 0" quinquaginta; Lajnecho )annos ififo atan's babenti genitus. And Noab, the last of the ten Patriarchs, and the surviving Patriarch of all Mankind, was declared by God the'\universal Monarch of "the; v. 2.5. World, as soon as he came out of the Ark;to whom he granted the DomTr.O.G.?.47- nion over all things, as appears by those Words of God to Noah, (?«z, p. whexej 1. 1. c. 4. t»y I conceive, that though it hath been thence concluded by Mr. Seldenin'ms Mare Clausum,that there was a general Community between Noah and his'Soiis. yet the Text doth not clearly warrant it. For although the Sons are there join-; ed with Noab in the Blessing, yet it may best be understood with a Subordination, or a Benediction in Succession; and the Blessing might truly be fulfilled, if the Sons, either under, or after their Father, enjoyned a private Dominion: Nor is it probable, that the private Dominion, which God gave to Adam, and by his Donation, Assignation or Cession to his Children, was abrogated, and a Community of all things instituted between Noah and his Sons after the Floods

Wf^Lib"*' "^nt* w^en was t'ie ^e ^eir °^ t^ie World, why mould it be thoughts ~* "„ j"*' that God would disinherit him of his Birth-right, and make him.only Tenant in OxonEdit, common with his Children? And if the Blessing given to Adam, Gen. 1. 28. be compared to that given to Noah and his Sons, Gen. p. 2. there will be found a considerable difference between these two Texts. In the Benediction of Adam we find expressed a subduing of the Earth, and a Dominion over the Creatures; neither of which are exprefled in the Blessing of Noah, nor the Earth there once named : It is only said, The Fear os you shall be upon the Creatures, and into your Hands are theydelivered; then immediately follows, Every moving thing jhaU be Meat for you, as the green Herb, &c. The first Blessing gave Adam Dominion over the Earth, and all Creatures; the latter allows Noah Liberty to use the living Creatures for Food : Here is no Alteration or Diirunisliing of his Title to an absolute Propriety of all things, but only an Enlargement of his Commons.

F. As tor the Government of the World before the Flood, I have already acknowledged, that the Scriptures being silent in it, no Man can affirm any thing positively concerning it,whether it was Regal, Aristocratical, or Paternal: Neither is it any Proof, that because God thought fit, for our understanding the Age of the World, or the Genealogy of Noah, from whom all Mankind now takes its Original, to set down a Series of the Patriarchs from Father to Son ,• or, that because they were no obscure, unregarded Men, that therefore they must all be absolute Princes or Monarchs over their Families. This is, as a Father said long ago, Divinare magis quam scire- But I see, when Prejudice once blinds our Reasons, we easily make good the old Saying, Facile aedimus quod volumm. But as for your Quotation out of JosephTM, I grant indeed, that at the first sight it . makes for you: But suppose it doth, I cannot see how a Man can lay any stress upon it, since the Scripture, being silent of any such Monarchy, or Principality in these Patriarchs; since this Author writes his History above three thousand Years after the Time that these Patriarchs lived, which he there mentions; and that we are sure there were no Authors then extant, that writ of the Anti-diluvian Patriarchs, but Moses only, Josephm could speak no otherwise than by guess, or from some uncertain Traditions preserved amongst the Pharisees, of which Sect he was: To which Traditions, when not warranted by Scripture, how little credit is to be given, our Saviour himself teaches us; and also the many futilous Tiaditions of the Rabbins, at this Day, do sufficiently shew us. But, I


suppose, that by this Word «p%>i, there used by Josephns, (which is rendred by .the Latin Version Principatm) is not meant any Monarchical Power, but only that Principality or Eminency, or that Reverence and Respect which their Posterity paid them, either in regard of their great Age and Experience, or of the Spirit of God, with which they might be supposed to be endued, sufficient to make them to be taken notice of, and reverenced above all other Men living in their Time. I have likewise, upon better Consideration, two other Reasons to add, why by thecur am rerum, mentioned in this place, cannot be meant a Regal Power, because Josephm mentions no such thing of Adam the sirst Father, and, as you suppose, Monarch os Mankind; which sure he would have done, had he believed him endued by God with such a Power.

The second Reason is, that if you please to observe, he, ascribes, to Mathuselah, Lamech and Noah, as many Years of Empire, as of Life: So that either this, place of Josepbus signifies nothing at all,.'or else will make nothing to your purpose to prove these ancient Patriarchs to have been so many Monarchs.

Tcome now to the next Period of Time after the Flood, and whereof I grant we may discourse with more certainty : But I could have wislied you would have repeated more particularly the Words, whereby you suppose God granted to Ndah alone, an absolute Dominion over the whole Earth, and all the Creatures' therein contained. But I perceive you thought the Words not very favourable^ for you, or else you would have repeated^ or read them to me ; which since you;. Omitted, I pray give me leave to do it for you, and then I will leave it to your self to judge whether there, can be any thing drawn from this Text to counte-i nance your Opinion: The Words are these, And God blessed Noah, and his Sons, Gen- 9- f, *» and said unto them, Be fruitful, arid multiply, andreplenish the Earth, And the fear.!' is you, and the dread oj you stall be upon every Beast os the Earth, and uponevery Fonut os the Air, upon all that moveth upon the Earth, upon all the Fijhes of the Sea, into your hand arethey delivered. Every moving thing that liveth Jhall be Meat for you ; even Cm the green Herb have I given you allthings. Where you may plainly see, that Noah hath no Preheminencc in this Grant above his Children, who were (for as .much as 1 can see) by this Text to be Tenants in common with him of the Earth,, and all its Creatures. Nor is there much difference between this Grant to Noah '• " '" *' and his Sons, and that made to Adam and Eve,which I proved extended alike to all Mankind, more than that the Brute Animals are here exprefly granted1|oNoah and his Sons for Food, which they were not before to Adam. . v.

But I perceive you your self are sensible, that this is the most plain, and obvious Sense of these Words^ and therefore you have thought good to wrest them so as may best serve your purpose; and indeed you deal very cunningly to lay, that this Grant may be bcst'understood with a Subordination in Succession. 'Tis^ T.g. C. 4. true indeed, it serves best for your purpose that it should be so understood ,• but/>» 41. that will be best understood by any Body else, which bast agrees with the plain and obvious Sense of the Words. Nor will your Reason signifie any thing, that the Blessing might be truly fulfilled if the Sons either under, or after their Farther, enjoyed a private Dominion : Since that were to fay, that a Grant whose" express Words give a joint Title in present, (for the Text faith, Into your Hands they are delivered) may best be understood with a Subordination, or in Succession; because Jtis possible that in Subordination, or Succession, it may be so enjoyed, is all one as to fay, that a Grant of any thing in present Possession may best be understood in Reversion, because 'tis possible one may live so to enjoy it. And as for the other parts of this Grant, they are so expressed. that they must needs heunderstood to belong to Noah's Sons, not with a Subordination, or in Succession, but as full and equally as toNoah himself: The fear of you, and the dread of you (fays God) stall be upon every Beast, &c. Can any Body in reason say, that the Creatures were to sear, and stand in awe of Noah only, and not of his Sons without his leave, or 'till after his Death? And are the following Words, (Intoyour Hands they are delivered) to be understood (as you fay) if your Father please, or they shall be delivered into your Hands hereafter? You do also as wisely to lay, that if Adam had a private Dominion given him by God, that he would not now abrogate it: For I grant, that if he had given Adam any such private Dominion, that there had been no reason for him now to have changed it. But I think I haVe sufficiently proved at our last Meeting, that he had no such private Dominion given him any more than Eve, and those Children


that were to proceed from them. So that this Supposition being false, there will be no such considerable difference as you suppose between these two Texts. For certainly, (though it be not here expressed) Noah'sSons had as much right to subdue or possess the Earths as the Posterity of Adam had before the Flood, and likewise to enjoy, or eat the Products thereof; only here is granted to Noah Ibid. p. 47. an£j his Sons a Power to kill the Creatures for Food, which was not granted to Adam, or rhose that lived befbre the Flood: And tho' you will have this Grant to be no diminishing of Noah's Title to a sole Propriety in all things, but only an Enlargement of his Commons; yet methinks it is a considerable Privilege not only to himself, but his Sons likewise, who are hereby impo'wered to use the Creatures for Food, as well as their Father, or else their £aTe had been very' hard, if when the Creatures were sufficiently multiplied, tfieir might nqf^haye killed so1 much as aHart, or a Partridge, without his leave. And if they'Had a right thus to use these Creatures, how this differs from an absolute Propriety in them whenever they are: taken, my dull Understanding is /not abletqcdm-^ ■ nrehend.' '/*"'

M. Well, since you will not admit of this sole Dominsoh of Noah (dyerill

for the present admit, that ' Noah was a Prince or Monarch olet ■ah his'Pdst^rity ^ but then pray shew me t6 whom this Power descended after !His I^cea'sej."*foif I can fee nothing in Scripture that favours your Divine Right of Primogeniture,

was a Prince alike over his dwn Faand all its Products," the one as niuch

'but that every one of Noah's three Sons .... .

mily,
and had an equal share in the Earth, and all its Products,'the one as
as the other : So that here it is apparent that your sole Monarchy of the,'1
dwindles into a fort of davel-~kirid, where
all the Sons inherit alike* ' '. '* ,

M. I cannot deny the Matter of Fact to be as you have laid down; but then there might be very good reason for it, which might render the sole Prihcipahty'

T. O.G. p. 49. of Noah's eldest Son to be not only unlawful, but impracticable • for, in the '£rst'

/. 1. c. 4. place, Mr. Selden in his Mare Claufum (in the place aforecited) tests usi/fi*om, the ancient Tradition of the Jewish Rabbins, That "Noah himself, as Lord of ally waj% Author of the Distribution of the World, and ofprivate Dominion; and that by the Appointment of an Oracle from God, he did confirm this Distribution by hislast Will and Testament, -which at his Death he left in the Hands of his eldest Son Shem ; and also warned all hisSons, that none of them stould invade any of their Brothers ' Dominions, or injure one another, because fromthence Discord and Civil Wars would necessarily follow. Nor do I fee any reason why Noah might not emancipate his two younger • Sons from the Dominion cf the elder, and likewise give them a separate share of

the Earth, and also an independant Power over their own Family and Posterity. In the second pJace, it might be impracticable for one Man to govern all Mankind, when in a little time it became so multiplied and dispersed over the Faceof the Earth, and the Languages so confounded by the Act, or Will of God., thkt it was impossible for the three elder Sons of these three great Patriarchs to govern

B.T.P. j to. them. But during the Life of Noah, we do not read that any of his Children, or Descendants, withdrew themselves from him without his leave, but rather die

Gen. ii. i,2. contrary; for it is said, "The whole Earth was of one Language, and of one Speech;

and it came to pass, as they journeyed from the East, that they found a Plain in the Land of Shinar, &c. By which Words it appears they kept well enough togef Mt; and the very reason why they began to build the Tower, was, lest (said they) We should be scattered abroad upon the Face of the whole Earth: So that there was no Disunion amongst, them, nor so much as a desire of it whilst Noah lived."1

F. I pray give me leave to answer what you have said concerning this Distribution of the Earth by Noah's last Will, and also his making all his Sons Lords', ot Monarchs alike, both which savour so strongly of the Rabbinical Liberty of Invention, that I wonder how any learned Man can believe such jdle Stories, especially when the Scripture, and the most ancient Histories and Records that are extant in the World, mention no such thing. And though tfofefhm may, in the place you have cfted, suppose that e.very one of the Patriarchs he mentions., were Princes or Monarchs, yet he doth not fay any, thing like 'flu concerning|the three" Sons of Noab's being Monarchs, or of this Partition of the Earth between them; but maketh them to live together in those mountainous Parts, 'till they




descended from thence into the Plain : So that it was impossible for Noah to make a Distribution of those Parts of the Earth, which were not yet discovered. And it is apparent by the Scripture it self, that a considerable time afterNoah's Death all Mankind lived together ; and therefore there was no Impossibility (as you suppose) why Noah'seldest Son could not have commanded his Brethren, and their Descendants, they being not as yet dispersed, or separated from each other; as you may fee by the first Verses of the 11 th of Genesis, which you cited but now. So that if Noah's eldest Son was disinherited of his Right of governing his Brethren, and their Descendants, that could not be the cause of it, which you assign: And if Primogeniture be a Divine Right, appointed by God himself, and unalterable by Humane Laws, as you suppose, I cannot see how the Will of a Father, which is but aHumane Institution, can ever alter it : For I remember you laid it down as a Maxim, at our last Meeting, 'that theDivine Right of the right Heir javer dies, can le left, or taken away; so that if there hath been any such thing as a Divine Right of Primogeniture belonging to the eldest Son of Noah, it is not likely that he would have permitted his two Brothers to have usurped it from him. r ,

As. I shall not insist longer, on this Tradition, concerning the Distribution of the Earth amongst the Sons ofNoah. But certainly it is not a thing to be made so flight of as you do, since Cedrenm, a modern Greek historian, is very particular-in it; besides, so many other learned Men (and the great Selden among the rest;) -have given countenance to it: And though I grant that Primogeniture is of Divine Right, yet that might very well be altered by Noah's Will, especially since his Children might he. satisfied that he being a Prophet, and Preacher of Righteousness,, made: this Division of his Paternal Power by a Divine Command. - r. ■: -•  . ■•■

But I shall not dwell longer upon this, • but proceed to the next Period of Time; (viz,.) that of the Confusion, and Dispersion of Tongues, in which there are more evident Footsteps of this Right of Primogeniture, as also of the Pa- T triarchal Power I maintain: And therpfpre pray turn to the 10th of Genesis,, and there you will find (after the Recital of the Genealogy of every one of the Sons of Noah, whose Descendants are there particularly set down) these Words in the fifth Verse; By these -were the Isles of t/je Gentiles divided in tloeir Lands; every p. p. $4. one after his Tongue, after their Families, in their Nations. And likewise in the 20th Verse, These are the Sonsas Ham, after, their Families, after their Tongues, in their Countries, and in their Nations. And in the last Verse,These are the Families of the Sons of Noah, after their Generations, in their Nations ; and by these were theNations divided in the Earth after the Flood. So that if we consider the first Plantations of the World, which were after the Building of Babel, and the Confusion of Tongues, w&may find the Division of the Earth into distinct Kingdoms, or Nations, by several Families and Languages, whereof the Sons, or Grand-children p. A. MM. ofNoah, were the Kings, or Governors, by a fatherly Right. And for the prefer- p* 275vation of this Power, and Right in these Fathers, G od was pleased to bestow upon several Families a Language on each by it self, the better to unite it into a Nation or Kingdom. So that it becoming impossible (as I said before) for the elder Sons or -Descendants of these three great Parriarchs to govern all Mankind, who now no longer understood each others Language, it was absolutely necessary that the Heads of the several Families should take that care upon them, and their Children submit to them; wherein they had the Direction of God Almighty, who had commanded them to obey their Parents j and a miraculous Declaration of his Will for their Dispersion, by the confounding of their Language; and that so ordered by God too, that the Descendants of the fame Person, and Family, spoke one Tongue: Was not this a declaring these Fathers Princes of these several Families, and Tongues by God himself, who by his Providence had thus confounded their Tongues, and dispersed them by Families, that they could no longer be governed by three or four Patriarchs, but must have as many distinct Governments, as there were different Tongues, there being no means at present of any Intercourse, or Correspondence one with another, or with their former ■Governors? So that however in this Confusion of Tongues (by which, as jfc~ Jefhm supposes, -there were seventy two distinct Nations erected) yet- were they not confused Multitudes without Heads, or Governors, and at liberty to chuse what Governors, or Government they pleased; but were so many distinct Fa

I milies


 iomilies which had Fathers for Rulers over them of the fame Speech: Whereby it is manifest, that even in the Confusion, God was careful to preserve Fatherly Authority, and Monarchical Power entire, by diilributing the Diversity of Languages according to the Diversity of Families ; which shews that God was still for Gor vernment, and that Paternal too; since it is evident that every People followed their Ancestor, or Patriarch, as their Prince or Leader in this Dispersion, who had a. Patriarchal Authority over their Posterity: For by what else can you suppose they could have made their Children and Descendants to have followed them as far as the utmost Isles of the Gentiles? \ - ■.

F. I confess there are many Difficulties as well in the time, as manner of this Dispersion, according to our common Chronology; for if you suppose, that the Building of the Tower of Babel fell out within two hundred Years after the Flood; as most of our Chronologers, who follow the Hebrew Account, do;. then it is certain, thatNoah, and his Sons, were still alive, who lived 'till above four hundred Years after the Flood; so that'either Noah,and his Sons, did not travel with the rest cf their Descendants into the Plain of Shiner, where they built the Tower of Babel, which yet seems contrary to the Text, which fays, All Mankind being of one Language, they travelled,&c. And it these Children and Grandchildren left their Ancestors at home, what became of their Monarchical Authority, when their Subjects were gone ? And you your self do assert, that none of Noah's Posterity divided from him, as long as he lived. So on the other side, if you suppose that Noah and his Sons marched along with them in this Expedition, you must make them either to have quitted their Authority over, their Descendants, or else to have joined with them in this wicked and foolish Enterprize of building a Tower, whose top should reach to Heaven; which is., very hard to conceive of Noah, a Preacher of Righteousness, or his Sons, whom the Scripture no where mentions, or blames for having a hand in. this Attempt. ■

£. i. e. 4. But if you will lay the fault of building this Tower upon Nimrod, as Jqsephm doth, who makes him a great Tyrant, and a wicked Man, this will make against your own Hypothesis, which supposes no Rebellion, or Usurpation, to have been during the Life of Noah. So that to avoid these Absurdities, and Difficulties that will fellow by the placing the Building of the Tower of Babel within two hundred Years after the Flood, (as you must do, if you follow the present Herbrew Account) I think it were much better to embrace the Account of the LXX, which by adding a hundred Years to the Lives of each Patriarch between Noah and Abraham, makes the Confusion of Tongues to have happened not 'till about five hundred Years after the Flood which takes away those Absurdities I mentioned, of making Noah apd his Sons to have had a hand in the building of the Tower of Babel,or else that Nimrod did it, whether they would or not; which is likewise as hard to suppose : AU which Difficulties, according to this Account, may very well be taken away; since then, Noah and his Sons were dead, before ever this Tower began to be built. And for the further Proof of this, I refer you to the learned Isaac Vojfimhis Vindication of the Translation of the LXX, and his Chronology accommodated to that Account, as most agreeable to the ancient Hebrew Original: But this is only by the by.

M. I thank you, Sir, for your Solution of this great Difficulty, which I am satisfied cannot be better solved, than by this Account of the LXX Version. But I pray answer my Argument, which in my Opinion clearly makes out the Divine Institution, as well as Necessity of Patriarchal Power.

F. I was just coming to it; and therefore in the first place I must tell you, that I cannot imagine how you can prove from this Text concerning the Dispersion of Nations, and their following certain Leaders of their own Family, and Language, when otherwise they could not have conversed together; that therefore God must be careful in all this Transaction to preserve "your imaginary Patriarchal Power entire ; of which the Scripture is altogether silent. And you might

"T.T.G.c.iu as well tell me, that because in Hannibal's, or Darim's Army, there were whole

/>.' 177. Squadrons of different Languages, who were ranged under Captains of their own Language, or Country, that therefore Fathers, or Grand-fathers were Leaders of each Squadron; or that Darim, or Hannibal, were careful to preserve Paternal Authority.



{59}

But suppose I grant you the utmost you can ask, yet, since God thought fit at this Confusion of Tongues, that ail those of one Tribe should speak the same Language, which was not understood by any other, it is likewise very reasonable to suppose, that they could not travel so far as the utmost parts of Asia, without chusing, and following some Captains or Leaders to be their Guides, and Commanders in so long a Tourney; and whom could the People sooner chuse to follow for this purpose than their Fathers, or Grand-fathers, to whose natural Affection, Wisdom, and long Experience, they had from their very Infancy always paid a great respect and submillion: Yet doth it not therefore follow, that such Fathers or Grand-fathers thus led or commanded their Children and Posterity (now grown up to be Men and Women) by any natural or Divine Right, or that they followed them otherwise, than as an Army of Volunteers, or than as a Caravan in the Desarts of Arabia doth a Captain of its own chusing. But if you will suppose any thing beyond this, you will find yourself involved in greater Difficulties and Absurdities. For pray tell me, what great care was there to preserve a Patriarchal Authority in this Confusion and Dispersion, by breaking it into so many Parts? Indeed I am so blind I cannot fee it. For as I will not deny, but it was God's Will to confound the Language, and disperse the Families of Mankind, hoth for a Punishment, and also for the better peopling of the World: So am I not convinced, that God, in acting thus, was at all careful to preserve the Patriarchal Authority derived from Adam. For you cannot deny, but that at the same time he destroyed the true Supreme Fatherhood of the natural Monarch, or Heir of Adam, who could be but one Person, as you yourself have already asserted: Or, can it be any Reason to'say, that God, for the preservation of Paternal Authority, let so many several new Governments, with their Governors, start up, who mull all enjoy this Authority? And is it not more reasonable to say, that God was careful to destroy this Paternal Authority, when he suffered those of Noah's Sons or Descendants, then actually in Possession of it, to have their Monarchy torn in pieces, and shared by so many of their Subjects? And would it not be an excellent Argument for Monarchical Government to fay, when any Monarchy was shattered to pieces, and divided amongst many revolted Subjects, that God was only careful to preserve Monarchical Power, by rending a great settled Empire into a Multitude of little Governments. So that it is altogether irrational to conceive, that if any three or more right Heirs of Noah had Paternal Authority or Sovereignty by Right of Fatherhood over Mankind at Babel, that the next Moment, (all they yet living) Seventy two others should have a like Sovereignty by Right of Fatherhood over the same People, divided into so many distinct Governments: Either then these Seventy two Fathers were actually Rulers just before the Confusion, and then they were not one People, but an AriflocratkalCommonwealth, and then where was your Monarchy? Or else these Seventy two Fathers had paternal Authority,but knew it not, which is hard to suppose. And if these Seventy two Grand-children of the Sons of Noah had a Right to divide this Supreme Paternal Authority of Adam into as many distinct Governments as there were Heads of Families, why might not their Sons have done so in infinitum? And then there could never beany common Prince or Monarch let over them all, but by Force or Conquest, or else by EleElwn; either of which destroys your Notion of the Divine Right of Primogeniture.,

M. 'Tis a very pleasant Notion methinks this of yours, that the Posterity ofB. P. P. the first Planters of the World should follow their Ancestors, not as Children ox Sect. 6a. Subjects, but as Volunteers, and from a Reverence (forsooth) and Affection to their Age, Wisdom, and Experience. Indeed, I am thus far of your Mind, that these Children followed their Fathers freely, and were not driven afore them, nor dragged after them with Chains: But to infer from hence, that they owed their Father none of' this Service or Attendance, but out of meer good Nature and Gratitude, which are due to Strangers that, have obliged us by being our Benefactors, is a Notion that only becomes one, that owns no Right to be derived tcom Patriarchal cr Paternal Power; and since there were none of these Fatnarchs, who were the Leaders of Mankind in this Dispersion, but might be one or two h*dred Years old, if not more; can any thing in Nature look mojce ridiculous, than for Children and Descendants of these old Men, to elect them who begat them, to be their Leaders' and Governgrs, at a hundred Years ef


63. And to give you an Answer why Governments might not upon my Principles

crumble into new ones, in infinitum, I think it may be sufficient to tell you, that, First, God prevented it, and that for the most part by Monarchs, ever since the Creation of the World; and although he was pleased to permit many Divisions after this time; yet he would never suffer Mankind to be crumbled into such small Divisions, as to make every distinct Houstiold an Independent Government. Secondly, Those Monarchs prevented it, who would be hire to reduce to their Subjection any Person that should attempt to divide himself or Family from the rest, and set up for an Independent State, without his leave and liking. Third* ly, The necessity of Mankind prevented it, such small parcels of Men not being able to preserve themselves, but by uniting with the rest, for their Support and Protection: So that if you could never so clearly prove, that here was no Subordination to the eldest Son or Heir of Noah, yet this signified nothing, sot God ordered it so to be; and if these Grand-sons of Noah were Independent Governors of their own Families, without any Subordination to the eldest Son's Son or Heir ofNoah; yet were they still Sovereign Princes, and much left had any dependence upon their own Children and Descendants. So that hitherto the Multitude were kept under Subjection, and could not set up a Commonwealth, without rebelling against those Independent Governors, -

Now if in this horrible Confusion of Tongues, the People, by the Will of God, still fell under the Monarchical Government of these Fathers of Families j. I desire to know when they could obtain their Freedom, and in what Age it began?

F. I must confess you had some reason to look upon my Notion of the Descendants of the Sons of Ncahfollowing their Ancestors in this Dispersion, not as Children or Subjects, but as Volunteers, to be as ridiculous as you ate pleased to make it, could you have any way proved at our last Meeting, that the Power of Parents over their Children and Grand-children to ail Generations, is as absolute and perpetual, as that of a Master over his Slaves, and that a Son and a Servant were all one at the first; but since you failed in that Proposition, which is the Groundwork of all the rest, I must beg your pardon, if i cannot found the Descendants of Noah, following their Fathers or Ancestors in the Dispersion, upon any higher ground, than meer Gratitude and Esteem: I mean for all such of them, who were themselves at that time Masters or Heads of separate Families ,• and I desire to know of you, by what other Motive or Obligation, a great Grand-son (for Example) was obliged to follow his great Grand-father to the World's end, as his Prince or Leader, when perhaps his own Father thought fit to lead him another way; and I desire you to sliew me if they had (as they might very well have) commanded different things, which was to be obeyed? And how Disobedience to a Man's own Father in this cafe would have consisted with that Law of Nature, which you so much insist upon, of honouring a Man's Father? But indeed all this mistake proceeds from your, first false Notion, which I see you cannot yet be. quit of, in still supposing the Obedience and Subjection of Children to their Fathers to be absolute and perpetual: The contrary to which, I have already made out at our last Meeting t And therefore I must tell you again, that this Notion of these Grand-children, or Descendants following their Fathers or Ancestors, not out of Duty, but Choice, is not so ridiculous as you are pleased to make it; and though I do not suppose, that they elected these Ancestors of theirs for their Leaders by aBalks' ing Box; yet this much I am sure of, that they might prefer, if they pleased, the following of their Father or Grand-father, rather than their great Grand-father, if they perceived that he had doted through Age, or else by Weakness or Infirmities was unable to lead them; or that his natural Temper was so Imperious and Tyrannical, that there was no living under his Government? Neither doth the Scripture it self any where declare the contrary, only says in general, that by these Grand-sons of Noah, the Ifles or Countries of the Gentiles were divided, according to their Families and Nations, without particularly telling us, -who were the Princes or Leaders of each Tribe or Family. And to instance, if this Division happened in the Time of Peleg or Phaleg, as the Greek LXX? makes it, then not Arfhaxad the great Grand-father, or Selah the Grand-father, but Heber the Crand-son was die Prince or Leader of his Family at this Division; Since it is

from from 'him that Joseph* supposes the Hebrew not only to have descended, bat to '■<>• have taken their



Nor do you any better answer the other Difficulty, how all these Seventy two Patriarchs, or great Grand-fathers, could all of them claim alike Regal Power from Adam or Noah, whose right Heir could be but one Person. Indeed you tell me, that God ordered it so, by appointing every Nation a distinct Language, and to be led by the Ancestor of their Family. This is altogether gram diEhatti for though it be true, that the Scripture fays, that this Division of Tongues was made according to the different Tribes or Families of these Descendants ofNoah; yet doth it no where mention their being led or commanded by Seventy two Grand-fathers Patriarchs; and there might be for ought that you or I know, not only Seventy two, but seven score such Captains or Leaders of them; Nay, every distinct Father of a Family, when this Monarchical Power came to be crumbled into so many parts, might as well have claimed a share in this Regal Power, they being by this Confusion wholly reduced again into a State of Nature.

Nor are your Reasons sufficient to convince me of the contrary. As for your, first Reason, that God hath not suffered it to be so, signifies little; for either he hath hindered it by an express Command, or by the ordinaryCourse of his Providence: The former I am sure you can no where Ihew me; and as for the latter, whenever any Nation or People (hall be pressed with the like Necessity of separating themselves from the Government under which they were born, as the several Families of Mankind had at this Division of Tongues; I fee no reason why they may not have a like Right of quitting their Country, and becoming Subjects to another Government; or else of setting up one of their own if they can.

As for your second Reason, that Monarchs would be sure to reduce to their Subjection any Person that mould .offer to divide himself and Family from the rest, and set up for an Independent State, without their good leave and liking. This is a good Argument indeed, that they were not able to do it, but none at all, that they ought not to do it if they could; since this were but to exercise that "Supreme Paternal Authority with which God hath invested them, as much is ever he did any of those Seventy two Descendants of Noah, who set up so many new Governments, without the consent ol.Noab's right Heir. • 'Year third Reason, I confess, is somewhat better; That the Necessity of Mankind prevented it. But this also makes quite against.you, and only proves, that the Heads or Masters of Families being sensible they could not preserve themselves, but by uniting with others for their mutual Safety and Protection, were fain to submit (though by their own Consents) to some Common Power, for their own, as well as their Families Preservation. So that I cannot see from any thing you have said, that God had that great care..you suppose of maintaining your Patriarchal Power, muchless this Divine Right of Primogeniture.

As. I see it is to no purpose to dispute with you any farther about the Patriarchal Power of these Sons of Noah,and therefore.I shall proceed to the Times F.P.r. i. j.R, after the Confusion of Tongues; in whkh, theiirst Instance I shall give you, is ■that of Jacob, who when* he had bought hisÆrochers.Birth-right, .Isaac blessed turn thus;Be Lord over  thy.Brethren, and let the Sons of thy Mother bow down before Gen. 27,20. thee. By which is plainly denoted a Regal Power or Dominion over Esau his Brother, and the rest of his Brethren, if he had any. So likewise we find—

R1 pray give me leave to interrupt you a little, for I have a great deal to sav to this Instance you have, nemrKm»w. >

. r.a, gut me icave to interrupt you a little, for I ha' -.

to this Instance you have, now brought of Jacob and Esau; and therefore I delire I may speak, it before you proceed any further. And first, by the way, I cannot but observe, that this-Divine Right of Primogeniture* which you suppose here to be meant by the Word Birth-right, was capable of being sold for a Mess of Cottage, and z\lEsau's Heirs disinherited of their Right, because their Father preferred his Belly before his Honour and Interest. But if your Principles are true, a Divine Right never dieth, nor can be lost, or taken away.

The second thing I must take notice of, is your making Isaac, presently after T.T>G.cii. this Sale of the Birth-right, and as it were in confirmation of it, to have given t- »45Jacob his Blessing; whereas it is apparent by this Story in Gen. 25. that many fears pass'd (perhaps twenty or thirty} between Jacob's buying of this Birth-r»ght4and Isaac's conferring of the Blessing upon him, as any one that will but read the texh of Genesis may easily see. But if you had better observed this Text,

you would have found that this Blessing was not intended for Jacob, but Esau, for whom ljfiac then mistook him. But be it as it will, whether the Blessing was given to Jaccb or Esau, it matters nOt; for from these Words I can by no means gather, that any Government or Superiority was thereby conferred on Esau over Jaccb, or jaccbover Esau. For, first, as to Jacob, this Blessing was never fulfilled, ss to be Lord over Esau, who was Prince of Mount Seir in Jacob's Lifetime: And as for bowing, or any other Token of Superiority, we read indeed, thatJacob at his meeting his Brother Esau bowed seven times towards him to the Ground, though he had before fold his Birth-right to Jacob; and therefore this Birth-right cannot mean any ruling Power, or Lordship over his Brethren j

J&.p. 146. fince ic *s manifest from the Text, that Jacob had no more Brothers than Esau;

nor had Isaac any consideration of Jacob's having then bought this Birth-right; for when he thus blessed him, he took him not to be Jaccb, but Esau; nor did Esau understand any connexion between the Birth-right, and the Blessing; for fays he to his Father, He hath supplanted me these two times, he took away my Birthright, andbehold now he hath taken away my Blessing. Whereas, had this Blessing, to be Lord over his Brethren, belonged to the Birth-right, Esau could not have complained of this second Act as a Cheat, Jacob having got nothing, but what Esau had sold him long before.

So that it is plain, Dominion was not then understood to belong either to the Birth-right or Blessing. And therefore it is more rational to suppose, that this Word Birth-right only relates to the Right of Priesthood, which the Jews supposed always to deseend to the eldest Son, before the Law was given: And that by Blessing, is meant no more, than that double Portion of Goods, which by the Jewijb Law was due to the Firstrborn; and that this is the true Sense ot this place, I desire you to leek in Gen. 21. 10. (if you please to give me your Bible, I will shew you the place, and will read the Words to you) where Sarah taking Isaac to be Heir, fays, Cast out this Bond-woman and her Son, for the Son of this Bond-woman stjall not be Heir with my Son: Whereby could be jneant nothing, but that he should not have a Pretence to any equal share of his Father's Estate after his Death, but should have his Portion presently, and be gone. And far

ff.TC./.Hy. ther we read, Gen. 25. j, 6. That Abraham gave all that he had unto Isaac j but unto the Sons of the Concubines which Abraham had, Abraham gave Girts, and sent them away from Isaac his Son, while he yet lived; that is, Abraham having given Portions to all his other Sons, and sent them away, that which he had reserved, being the greatest part of his Substance, Isaac as Heir possessed after his Death; but by being Heir he had no Right to be Lord over his Brethren: .For if he had, why should Sarah desire to rob him os one of his Subjects or Slaves, by desiring to have him sent away? . >..

So likewise, if you look into the first of Chron. chap. 5. v. 1. you will find 3.

Ib. p. 148. place, that plainly confirms this Interpretation, where it is said j Reuben was the first-born, butforasmuch as he defiled his Father's Bed, his Birth-right was given unto the Sons of Joseph, the Son of Israel; andthe Genealogy is not to be reckoned after the Birth-right. For Judah prevailed above his Bret hen, and of himcame the chief Ruler } but the Birth-right was Joseph's, though he was the youngest Son. And that this}

,-• Birth-right was Jacob's Blessing on Joseph, Gen- 58. .22- tells us in these Words;

Moreover I have given thee one Portion above thy Brethren, which I took out of the Hand of the Amorites with mySword, and with my Bow. Whereby it js not only plain, that the Birth-right was nothing but a double Portion of Right due to the eldest Son; but the Text in Clnonicles is expresly against your Opinion, and shews that Dominion was no part of the Birth-right; for it tells us, "that Joseph had the Birth-right, but Judah the Dominion. So that unless you were very fond of this Word Birth-right, without considering in what Sense it is to be takep, you would never bring this Instance of Jacob and Esau, to prove that Dominion belongs to the eldest Son over his Brethren: For if this Blessing of Isaac upon Jacob signifies any thing more than this, it could not relate to his own Person, who never ruled over his Brother at all; and therefore it is at most no more, than a Prophesy, Ihewing that the Jews, as being descended from Jacob, should in after Times rule over the Edomites, or Posterity of Esau, according to what Rebekah had been foretold from God; Two Nations are in thy Womb, and two mannerof Peor

Gen. 25. 23. j]}(lii ie feparated from thy Bowels, and the one People shall be stronger than the other People, andthe Elder stallse, ye the Tounger. And so Jacob blesled Judah, and gave

him him (though not in his own Person, but in his Posterity) the Scepter and Dominion: From whence you might have argued as well, that the Dominion belonged to the third Son over his Brethren; as well as from this Blessing of Isaac, that it belonged to Jacob, they being both but Predictions of what should long after happen to their Posterities, and not declaring any Hereditary Right of Dominion in either Jacob or Judah.

 M. I will not rigorously insist, that Primogeniture is such a Divine Right as cannot be altered by any HumaneAcl or Constitution; but yet I take it to be such a _ •'. Right, that without the Father orders it otherwise in his Life-time, or that the elder '*"' Brother doth of his own accord depart from his Right, he will have a good Title to his Father's Government or Kingdom, and consequently to command over the rest of his Brethren; and thereforeGrotim'mikeS a great deal of differ rence between Hereditary and Patrimonial Kingdoms, the former being to descend to the eldest Son only, but the latter are divisible amongst all the Sons, if the Father please: And hence I suppose it was, that as Mankind increased; one petty Kingdom grew oat of . another. Thus the Land of Canaan,which was I2' peopled by six Sons of Canaan, and Philiftim the Son of Miz,raim, had eight or nine Kings in the Time of Abraham, and above thirty Kings in Jojhua's Time ; which could proceed from no other Cause, but the Fathers dividing their Kingdoms in their Lifetimes, or at their Deaths, amongst their Sons and Descendants; for we Bear not'o£ one tittle cf Popular Elections in those early Days. And I have- Proofs enough of . this in Scripture. Since thus we find it to have been ambng- the Sons of Ijhmael and Esau, as appears by Gen.2$ and 26.where it is T.f.e.i.f.16. f&idp^TUiese *are the Sons of Ishmael, and these are their Names by their Castlesand''6'?'*0' Towm, Sic. Twelve Princes, of. their Tribes and Families. . And these are the Names of th&~Dukesthatxame. of H(axir.'according to their Families, and their Places by their Nations. "And hence it is, that in after Ages, Princes did often divide their Kingdoms amongst their Children, of which you may fee divers Examples inGrctius De y. £. I. 2. cap. 7. which Divisions, when made and submitted to by the eldest Sest. 12. Son, I doubt not but were good. Yet I think it cannot be denied for all tfcis, that "by.the Law of "Nature or Nations, where there is no Will of the Father declared to the contrary, the eldest Son ought to inherit. And this is the Judgment not only of Christian, but Heathen Writers. Thus Herodotus, the Herod. Folym: most ancient Greek Historian, lays it down for a general Custom of all People or Nations, that the eldest Son should enjoy the .Empire; and theRomans Were likewise of this Opinion ; and therefore Livy, when he ibeaks of two Brothers of the AUo~ brogescontending for the Kingdom, fays, The Younger was more strong in Force than Right. And in another place, hecalls this Right of the eldest Son, the Right of 'J*sth. t.i\. Age and Nature; as also doth Trogus Pompeita in his Epitome of Justin, when he calls it the Right of Nations; and in another place, a Right of Nature, when he fays, that Artibaxanes, the eldest Son of the King of Persia, challenged the Kingdom JuJHn. /•». himself, which theOrder cf his Birth, and 'Nature itself appointed amongst Nations. I could give you many other Authorities from more Modern Authors, but I rather chuse to give you these, because you cannot except against them, as Writers prepoflest by either Jewish or Christian Principles. So that if this Right of Primogeniture be not absolutely Divine, yet it is'at least most Natural and Reasonable. , • .'• '> ■>.•■>

- ,F..I fee you are convinced, that this Divine Right of Primogeniture is not to be proved out of Scripture, and therefore you are contented to fall a peg lower, and to take up with the Right of Elderfhip by the Law of Nature or Nations, which howsoever you are pleased to confound them, are for all that two distinct things; for if the Succession of the eldest Son were by the Law of Nature, it were no more to be altered by the Will of a Father, than the Law of God itself; and therefore notwithstanding all your Quotations, your Right of Primogenitureamounts to no more than this, that it hath been a common and received Custom in many Kingdoms or Nations to observe it; and therefore Htrodotus, whom you have now quoted, calls it very rightly a Custom of Nations, thatthe eldest Son should enjoy the Empire: Which yet it is not true amongst alt Nations or People, by your own Confession : For then there would have been no difference between Hereditary and Patrimonial Kingdoms; but the eldest.Son should have inherited alone in the one, as well as in the other. Unless You can suppose, (as sure you will not) that some Kingdoms are to be disposed according to the



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Law of Nature, and others not. But if you would have considered Grotius, (whom you have now made use os) he would have instructed you better. For in the Chapter you have now cited, he makes the difference between them to depend upon the manner of acquiring the Kingdoms he speaks of; if you please I will shew you the Words, Sedin Regnorum Succejfione distingui debent Regna qua plena mode pLjfidentur>, & in Patrimoniosunt, ab his quamodum habendi accipiunt ex populi canfenfu, de quo discrimine egimussupra. Priorts generis Regna drvidipestunt etiam inter Mares, & Focminas, ut in Ægypto, & Britannia, oltm faclum vidimus.

Nullo discrimine Sexus,

Reginam scitserre Pharos, ait Lucanus; de Britannis 'Tacitus, Neque emm Sexum in imperio discernunt. But look a little farther, and you will find the reason of the difference between them: At ea Regna qua populi liberoconsensu facia sunt hxreditaria, ex prasumpta populi voluntate desertmtur. Prasumitur atftem populus id voluijfequod maxime expedit. And of this you may fee he giveth divers Examples, which we need not particularly recite: But this much is apparent, that Patrimonial Kingdoms are divisible among all the Children, because they are supposed to be wholly in the Fathers Power, either by Conquest, or the first Plantation of them: But Hereditary ones, that descend to the eldest Son, can only become so by the free consent of the People, by whom they were instituted; and therefore both I^hnael and Esau, whose Territories were wholly Patrimonial, might very well divide them alike, amongst all their Sons i but then your natural Right of Primogeniture is quite destroyed. The like may be laid of other Kingdoms where this Custom took place: And therefore those Passages you have cited put of the Greek and Roman Authors, for the Succession o£ the eldest Son to be by the Law of Nature, is to be understood according to the Sense of those Authors, who often confounded the Law of Nature or Reason, pror perly so called, with those commonly used, or received Customs- among civilized People; which they called theLaw of Nations, which yet were not Laws pro-i perly so called, since they may, without any transgression of theLaw of Nature^ be practised different ways. . ■.' ■> ;,■ I „

And therefore, though I allow Primogeniture, as well in Families as Kingdoms," to have had a just Preheminence by the practice of many civilized Nations* and look upon it as an excellent sort of natural Lot (where the elder Brother is fit to govern) that he mould succeed before the younger, to avoid Strife among such Re-* lations, and Civil Wars in Kingdoms: Yet that this is still to be understood according to the Custom of the Country, or Will of the People, that instituted the Monarchy, I desire to go no farther, than that Example that you have but now brought of Artabax,anes, who was the eldest Son of Artaxerxes, but born before he was King, and Xerxes his younger Son, but born after his obtaining the Crown ,• the Matter being referred to the People, they determined it in favour  Xerxes; as you will find in Herodotus and Justin, whom you have but now quoted. And though I grant, that when afterwards in the fame Kingdom, the like Contror versy was started between Cyrus and Arficas(who was afterwards called Artaxerxes Memnon) it was judged just, the quite contrary way, whether by Right or Favour, I will not determine; yet this may let you plainly fee, that this Ancient and Wife Nation had no settled Law, either natural or municipal, concerning this Matter. I could give you several other Instances of the fame kind, which you may consult at your leisure in Grotius, and other Authors; only this much may be certainly gathered from what yourself as well as I have said concerning it, that there is no certain Rule or Law, either of Nature or Nations, concerning this Matter: And therefore, your Instances of the Sons of Esau and Ijhmael- are so far from making out your Hypothesis, that if their Fathers could divide their Kingdoms into as many Parts as they had Sons, without any Subjection to the elder Brother, I can fee no reason why every one of their Children or Descent dants might not have done the like if they had pleased, till their Principalities had become as small, as those of the Dukes of Saxony are at this day; so that I cannot fee, to what purpose you have brought these last Instances out of Scripture, unless it were to make against yourself, and to prove that there were then, as there are now in the World, a sort of Princes who may be lawfully so, without claiming any Title from Adam or Noah,much less by any Right of Primogeniture.*. ........ «




M. It is sufficient for my purpose to be able to shew you, from these Examples of the Sons of Esau andIjlmael, that as well Hereditary as Testamentary Kingdoms, did antiently commence according to the Law or received Custom amongst Nations, without any Consent of the People cr Descendants of those that were to be governed by them : And as long as the Succession to such Kingdoms were by any certain or known Rule constantly practised among Mankind, the matter is not much whether the eldest Son succeed to his Father alone, or that his Brethren , shared with him in the Inheritance. For since it was God's Will to institute Civil Government amongst Mankind, it must be also his Will to make the Succession to it clear and certain to all the Subjects that were to submit to it, as he hath done, whether one Brother or many succeed; since the Will of the Father is as certain a Rule of Succession, as that by Inheritance ; and therefore what you have said in answer to my last Instances of the Sons oiEsau and Ijhmael signifies not much.

F. I did not then deny, but grant at our last Meeting, that Families might at first grow up into Kingdoms; but yet I do still (as I did then) assert that such Governments could not be instituted by any Father or Grandfather alone, without the express or tacit Consent of his Children and Descendants, supposing them once married and separated from their Fathers or Ancestors Families. But it is needless to repeat what I then said; only give me leave to mind you, that at the beginning of this Discourse you maintain'd, that not only Kingly Power in general, but also the Succession to it by the eldest Son, or his next Brother, is of Divine Right or Institution, or else all that you urged concerning the natural Right of Dominion of Cain over Abel was to no purpose: But now you insist, that Succession by a Testament or Will of the Father is also as much by the Law of Nature as the other $ in which I think you are very much mistaken, since the Right of bequeathing Kingdoms, or any thing else, by Testament, is neither prescribed by the Revealed Will of God, nor the Laws of Nature; since all settled Property in Lands or Goods, before the Institution of^ Civil Governmenr, proceeding only from Occupancy or Possession, must cease in the State of Nature with the Life of the Occupant or Possessor. Therefore in that State a Testament cannot take place by the Testator's Death; since, as soon as he dieth, his natural Right in the thing bequeathed is quite lost and extinguifli'd: So that the Dead not having an Interest in any thing, the Legatee cannot sustain the Person of the Testator, whose Right ceases before that of the Legatee can take place ; and therefore the Testament or Disposition of such things may then without any Crime be neglected or altered by the Survivors, unless all those who pretend an Interest in it do agree to it, or swear to see it fulfilled during the Testator s Life-time. And for this cause we find Abraham binding his Servant that ruled over his House by an Oath, not Gen.24.2,3. to take a Wife for his Son of the Daughters of the Land; and Jacob taking an Gen. 49. 29. Oath of Joseph, not to bury him in Egypt; because they doubted whether they could oblige their Sons or Servants to do it by their Testaments. So that it appears evident to me, that the Power of making Testaments, and bequeathing Lands or Goods, is but a Consequence of that Propriety in Lands, Goods, or Dominions, which arises from Compact or common Consent in a Kingdom or Commonwealth, after it is instituted, as I think I am able to prove whenever you please to discourse with me farther about it. But as for the Right of bequeathing Crowns or Kingdoms by Testament, I will not deny "but that some Kingdoms may have been bequeathable by their original Constitution, and others become so by Custom ,• yet I cannot grant that this Right belonged to the Prince or Monarch by the Laws of God or Nature, but proceeded purely from the received Law or continued Custom of that Kingdom : So that you must either confess, that there is no such thing as a Divine Right of Succession, or else it is such a one as signifies as much as nothing, since humane Laws or Constitutions can alter it or take it away. So that after all this pother about this Divine Right, it is not so good as an old Estate Tail, which formerly no Fine could bar. And I must farther tell you, that I cannot assent to your Opinion, that Succession by a Will or a Testament is so certain as that by Inheritance ; since all such Testaments must depend upon the Credit of the Witnesses, whose Credit may often be question'd by the Subjects, and who may very well for their own ends make a younger Son to have the whole, or at least a Share in the Kingdom, to whom his Father never intended ?ny; and which was likewise more easy to be done before such time as


written Wills or Testaments, solemnly published according to Forms of Law, came in use.'

But because you suppose that the natural Laws of Succession to Kingdoms are so plain and certain, that I may a little convince you of your Mistake in this matter, I shall for the present suppose that the Succession of an elder Son or Brother is sufficiently easy to be known ; yet I doubt it will not prove so in many other Instances: And therefore to let you fee I do not make this Scruple without cause, suppose Abel (for example) to have left a Son or a Daughter behind him, when his Brother murder'd him, pray tell me who was to succeed after the Death ofAdam, this Son or Daughter of Abel, or Seth their Uncle?

M. We do not read of any Children that Abel had, and therefore I cannot tell what to fay to it.

F. Well, but since it is probable he might have had Children, pray tell me (supposing he had) whether this Child, were it Son or Daughter, or Setb the Uncle, was to succeed?

As. Since you will needs have me speak my Opinion in a thing so uncertain, I think this Child, were it Son or Daughter, ought to have succeeded before the Uncle. •

F. Pray, Sir, tell me by what Law or Rule you thus judge ? whether by the Law of God or Nature?

M. I must confess, God hath prescribed nothing expresty concerning it, more Ver. 8. than what he says, Numb.27. that isa Man dies leaving no Sons, ye Jball cause his Intieritance to pass unto his Daughter; with divers other Rules of Succession to Inheritances there specified : And besides, it is more suitable to the Laws of Nature, that the Children of the elder Brother should inherit before their Uncle, there being no reason that they should be punished for their Misfortune, in having their , Father die before he could succeed to the Government.

F. I doubt the Place of Scripture you have cited doth not reach this Cafe of Kingdoms : For first, this being a Municipal*Law of the Jews, could only concern that Commonwealth; and secondly, it only relates to private Inheritances: And that this is so may be proved from the next Verse, where it is said, that a Man's Brethren shall be his Heirs; that is, all of them were to be Heirs alike, only the eldest was to have a double Portion. And if this Law concerning Daughters were to reach the Succession of Kingdoms at this day, the Laws of Fiance and other Countries, where Women are barred from succeeding to the Crown, would be against the Laws of God and Nature: And the like may also be said concern-* ing the Succession of the Nephews before their Uncles, or of Uncles rather than the Nephews, whose Fathers never enjoy'd the Crown; divers Nations having different. Customs, and that with a like appearance ot" Reason, concerning it. For on the one hand, if the Son of Abel might have pleaded, that he was the First-born of the eldest Son of Adam, and so ought to represent his Father; Seth the Uncle might likewise with as good reason urge, that he was more nearly related in Blood to Adam, as being his Son, than the Son of Abel, who was but his Grandson; and besides, being older than he, was endued with more Wisdom and Experience, and consequently was fitter to govern. But if Abel left only one Daughter, or more, I doubt not but the Question would have been harder to be decided; since, if Women are not permitted to govern in private Families, they will not (especially amongst Warlike Nations) be admitted to govern Kingdoms, especially since it would be left in her power, not only to govern her self, but by marrying to chuse a King for her Subjects, whom they do not approve of. And therefore we read, that in divers of the antient Kingdoms of the World Women were excluded from the Succession, as they are in France at this Day. T. T.G. e. 11. Nor are these the only Questions that either might then, or else have in latter f. 157,158. Ages been started concerning Succession in Kingdoms and Principalities, and have been the cause of great Disputes between Pretenders to Crowns, where a King dies without lawful Issue : As, whether a Grandson by a younger Daughter shall inherit before a Grand-daughter by an elder Daughter? Whether the elder Son by a Concubine before the younger Son by a Wise? From whence also will arise many Questions concerning Legitimation, and what by the Laws of Nature is the difference betwixt a Wise and a Concubine? All which can no ways be decided but by the municipal or positive Laws of those Kingdoms or Principalities. It may further be enquired, whether the eldest Son, being a Fool or


Mad-man, shall inherit this paternal Power before the younger, a wife Man? And what degree of Folly or Madness it must be that shall exclude linn? and who (hall be the Judges of it? Also whether the Son of a Fool so excluded for his Folly (hall succeed before the Son of his wiser Brother who last reigned? Who shall have the Regal Power whilst a Widow Queen is with child by the deceased King, until she be brought to bed? These and many more such Difficulties might be proposed about the Title of Succession, and the Right of Inheritance to Kingdoms, and that not as idle Speculations, but such as in History we shall frequently find Examples of, not only in our own, but_ likewise other Kingdoms, From all which we may gather, that if the Laws of God or Nature had prescribed any set Rules of Succession, they would have gone farther than one or two Cafes; as concerning the Succession of elder Sons or Brothers, where an elder Son dies without Issue; and would also have given certain infallible Rules in all other Cafes of'Succession besides these, and not have left it to the Will or particular Laws of divers Nations to have established the Successions so many several ways, as I am able to shew have been practised in the World.

M. I must confess you have taken a great deal of pains to perplex the Succession to Adam, which seems designed for nothing else, but to make me believe, that if Adam or any of his Sons were Kings or Princes, it must have been by the Consent or Election of their Children or Descendants: Which is all one as to fay, that those antient Princes derived their Titles from the judgment or Consent of the People, the contrary to which is evident as well out of Sacred as Civil History. , f. Since you appeal to History, to History you shall go; and to let you see, that I have not invented these Doubts about Succession of my own head, and that there might have very well been a real Dispute about the Succession to Adam in the Cases I have put, may appear by the many Disputes and Quarrels that have been in several Nations concerning the Right of Succession between the Uncle and the Nephew; of which Grotim is so sensible, that he confesses, in the latter end of the G.J.T. 1.1 u Chapter last cited, that where it could not be decided by the People's Judgment, it c-7> {• 5* 5 »• was fain to be so by Civil Wars, as well as private Combats; and therefore he is forced ingenuously to confess, that this hath been practised divers ways according to the different Laws and Customs of Nations: And he gives us here a distinction between a direct lineal Succession and a transverfed, and acknowledges, that amongst the Germans, as also the Goths and Vandals,Nephews were not admitted to the Succession of the Crown before their Uncles. The like may be said of theSaxons and Normans ; and therefore we find in our antient English History, that before the Conquest the Uncle, if he were older, always enjoyed the Crown before the Nephew; which I can more particularly shew you, if you think fit to question it. The like manner of Succession was also amongst the Irish-Scots for above 200 Years afterFergus their first King. The like Custom was also obferv'd among the List, as long as they had any Kings amongst them, and is called the Law of Tanifiry. The fame was also observed in the Kingdom of Caslille, where, aster the Death of Alfhonso the Fifth, the States of that Kingdom admitted his younger Son Sambo to be King, putting byFerdinand de la Cerda, the Grandson tothe late King by his eldest Son, tho' he had the Crown lese him by his Grandfather's Will. So likewise-in Sialy, upon the Death of Charles the Second, who left a Grandson behind him by his eldest Son, as also a younger Son named Robert, between whom a Difference arising concerning the Succession, it being referred to. Pope Clement V. he gave Judgment for Robert, the younger Son of Charles, who was thereupon crowned Ring of Sicily. And for this reason it was that Earl John, Brother to King Richard the First, was declared King of England by the Estates, before Arthur Earl of Britain, Son of Geoff try the elder Brother: And Gianni!, who was Lord Chief Justice under Henry the Second, in that little Treatise we have of his, makes it a great question who should be preferred to an Inheritance, the Uncle or Nephew.

But as for Daughters, whether they shall inherit at all or not, or at least be preferred before their Uncles, is much more doubtful since not only France, but molt of the Kingdoms of the East at this day, from Turkey toJapan, do exclude Women from the Throne : And it was likewise as much against the grain of the antient Northern Nations; and hence it is that we find no mention of any Queen to have rqigned amongst the antientGermans or Irijh-Scots, and never but two among the English-Saxons, and those by Murder or Usurpation, ajid not by EleBien,


as they ought to have done. And upon this ground it was, that the Nobility and People of England put by Maudthe Empress, and preferred Stephen Earl of Blots to the Crown before her: For tho' he derived his Affinity to the Crown by 2 Woman, yet being a Man, he thought himself to be preferred before her. So likewise in the Kingdom of Arragon, Mariana in his History tells us, that antiently the Brother of the King was to inherit before the Daughter. Examples may also be given of divers of the other Instances, but these may suffice.

M. I pray give me leave to interrupt you a little : For by these Examples you would seem to infer, that these Laws about settling the Succession of Crowns in several Kingdoms depended upon the Will of the People; whereas I may with better reason suppose, that if such Laws and Alterations have been in such Suecessions, they were made by the sole Will of the first Princes, in which the PeoP»P.P. j 71. pie had no hand : For in the most antient Monarchies there was a Time, when the People of all Countries were governed by the sole Wills of their Princes, which by degrees came to be so well known in several Instances, that inferior Magistrates needed not resort to them in those cases ; and the People being for a considerable time accustomed to such Usages, they grew easy and familiar to them, and so were retained, two' the Memory of those Princes who first introdue'd them was lost ; and after Kings finding it better to continue what was so received, than to run the hazard and trouble of changing them, were, for their own ease and the goed of their Subjects, contented they mould be still from Age to Age so continued. Which Custom may hold as well in Laws about Succession as other things; and therefore we find that even in those Monarchies, where the People have nothing to do in making Laws, Women are excluded; which could proceed at first from nothing else but the declared Will or Law of the first Monarchs. So likewise the Original of the Salique Law is wholly ascribed to Pharamond, the first Fench King: And Mariana (whom you lately cited) tells us, that Alphonfo King of Arragon made a Law, that where Heirs Male were wanting, the Sons of a Daughter should be preferred before the Aunt; which Law is wholly attributed to the King, for he adds presently after: Sic safe ad Kegum arbitrium jura regnandi commtttantur.

F. Granting all this true that you have said, you cannot but confess, that the Laws of God and Nature have established nothing in this matter, or else it could not be in the power of Kings to make or alter Laws concerning the Succession, as your last Quotation intimates they may: Yet even in the most absolute Monarchies the Lawsabout the Succession of the Crown must wholly depend upon the Consent of the People, who are to fee them observed, or else every Monarch might alter these Laws of Succession at his pleasure; and the Great Turk, or King of France (now the Assembly of the Estates is lost) might leave the Crown to a Daughter, if either of them pleased, and disinherit the next Heir Male.

But as for the Original of this Salique Law in France, you'll find your self much mistaken, if you suppose, that that Law was made by the sole Authority of Pha~ Vide H»to- ramond  For the antient French Histories tell us, that the Body of Salique Lavisy Catlike""'wmcn are now extant> werc made by the common Consent of the whole Nation of a ia.cap.1. ^g prmcS} who committed the drawing of them up to three Judges or Commissioners, and which Laws Pharamond did only confirm: And any one that will but consult those Histories may fee, that Kings were so far from having the sole Legislative Power in their own hand, that they were frequently elecled by the Estates.Nor is that truer which you cite from Mariana, that the Kings of Arragon had Power alone to make Laws: It appears quite contrary from the Constitutions of that Kingdom, where the King could do nothing of this kind without the Consent of the Estates, and was not admitted to the Crown without taking an Oath to the Chief Justice in the Name of the People, that he would observe the Laws and Constitutions of the Kingdom, otherwise that they would not be obliged to obey him.

But at once to let you see, that about the Succession of the Sons or Descendants by Daughters, the Cases are much more nice and intricate; and that when P. Nk M. f. such Cases happen in limited Monarchies, where there is an Assembly of Estates, they 5 *• are the sole Judges in such Differences, may appear by two famous Examples in

Vid. Hect. modern History: The first is in Scotland, about 400 Years ago, when after the Boetb. L. Death of KingAlexander III. who died without Islue, when two or three several Competitors claim'd a Right to the Crown, as descended from several Daughters


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of David Earl of Huntington, great Uncle to the last King, the chief of which being 'John Baliol and RobertBruce, the Estates of the Kingdom not being able to decide it, they agreed to refer it to Edward I. King ofEngland, who adjudged rhe Crown to Baliol: Yet did not this put an end to this great Controversy; for not long after Baliol being deposed, Bruce revived his Title, and the States of Scotland declared him King, whose Posterity enjoy it at this day.

A like Cafe happened in the last Age in Portugal, after the Death of King Henryt firnamed the Cardinal,without Issue, when no less than four eminent Competitors put in their Claims; some claiming from the Daughters of Don Duarte, youngest VtJL Marian* Brother to the last King Henry; but the King of Spain, and other Princes, as Sons mfi' H'fito the Sisters of the said King. Henry dying without Issue, left ten Governors over the Kingdom, to decide, together with the Estates, the Differences about the Succession; who quarelling among themselves, as also with the Estates, before it was decided, Philip II. King of Spain, raised an Army, and soon conqueredPortugal: And yet we have seen in his Grandson's time, that the Estates of Portugal declared this Title void, and the Crown was settled in the Posterity of the Duke of Bi aganz,a, who still enjoy it.

And how much even Kings themselves have attributed to the Authority of the p-N-M Ib' Estates in this matter, appears by the League made between Philip the Long,*9' King of France, and David King of Scott., wherein this Condition was expressed : Y'ld-Mn.tray 'That if there jhould happen any Difference about the Succession in eitherof these Realms, |Jf p#K* & * he of the two Kings, which remained alive, Jhould not suffer any to place himselfon the "Throne, but him who Jhould have the Judgment of the Estates on his fide; and then he Jhould with all hisPower oppose him, who would after this contest the Crown. To conclude, I cannot fee any means how, if such Differences as these had afisen in the first Generation after Adam, I say, how they could ever have been decided without a Civil War, or else leaving the Judgment thereof to the Heads or Fathers of Families, that were then in being: Which how much it would have differed from the Judgment or Declaration of the States of a Kingdom at this day, I leave to your self to judge.

M. I shall not trouble my self to determine how far Princes may tie up their own hands in this matter of the Succession, and leave it to the States of the Kingdom to limit or determine of it,• but from the Beginning it was not so; and therefore give me leave to trace this Paternal Government a little farther : For F. P. 0.5 7. tho' I grant, that when Jacob and his twelve Sons went into Egypt, together with their Families, they exercised a Supreme Patriarchal Jurisdiction which was intermitted, because they were in subjection to a stronger Prince; yet after the Return of these Israelites out of Bondage, God from a special Care of them chose Moses and Joshuasuccessively to govern as Princes, in the place and stead of the supreme Fathers ; and after them likewise for a time he raised up Judges, to defend his People in time of Peril. Yet that all these were endued with Regal Authority, may appear, in that Moses is called in Deuteronomy, a King in Jejhurun, Dent. 33. 5. (that is, overIsrael.) And when Moses saw that he was to die, he besought God, B-r* 35to set a Man over the Congregation,that the Congregation of the Lordjbe not as Sheep which ^'""^ 2?" have no Shepherd. And as for the Judges, it is apparent from the Book that bears '7their Name, that they had Power of making Peace and War, and of judging in all Cases of Appeal; insomuch that whosoever would not hearken to the Priest, D*«m7. n, or to the Judge, eventhat Man Jhould die. But when God gave the Israelites Kings—,1

F. I pray give me leave to interrupt you a little, for I have a great deal to fay against your Notion of the Government of the Israelites before they had Kings actually nominated by God; for notwithstanding all you have said, it doth not appear to me, that either Moses, Jojlma, or the Judges, were any more than figuratively or in a larger Sense to be stiled Kings: For as for Moses's being called King in Jejhurun, he only calls himself so Poetically, in that excellent Hymn of Blessing, which he bestoweth upon the twelve Tribes': For certainly God did not suppose him to have been a King, when in Deut. 17.14. he speaks of the Children of Israel setting a King over them, as a thing that was to happen many Years after, and there lays down Rules how he should govern himself, which had been needless, if they had had a King already. And that Moses was not a King, Jose" fhushimself (hews us in his Antiquities, lib. 4. where he makes Moses to have instructed the Children of Israel at the time of his Death to this purpose: Aristocracy is the best Form of Government, and the Life that is led under it themost happy; and

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there/we let not the defire os any other sort of Government take possession of you, owning no other Master thanthe Laws, and doing every thing according to it: Tor God is your King, and that is sufficient for you. And ifMoses was no King, then certainly Jojbua was none neither.

M. Pray give me leave to answer what you have now said against the Kingly Power of Moses and Jo/hua: For if you will please to remember, that tho' the Saif hedrim had been constituted before this time, yet Mosesesteemed them as Sheep without a Shepherd, if a Man was not set over them which might go out before them, and which might lead them out, and bring them in; and God approved his Desires, and appointed Joshua to succeed him,, and the People received him Josh, i. 16, accordingly, and told him : AU that thou commandeft m -we wiU do, and whithersoever 17. thou fendefi us we will go : according as we hearkened unto Moses in allthings, so will we

hearken unto thee. If this were not Kingly Power, then is there no such thing. So that this Discourse, whichJosephm puts into Moses's Mouth, seems directly contrary to Moses's Thoughts and Practice. And whereas he makes Moses to have opposed Obedience to the Laws to Kingly Government, it is a pure Greek Notion: For whilst the Grecians lived under Kings, they had few or no Laws; but when they set up Commonwealths, they then found the Necessity of having Laws, and then the Dominion of Laws was opposed to the Government of Princes: But this was contrary to the Practice of Israel; for they were to live according to their Laws, as well under Kings as without them, in all Estates and Conditions; and their Kings were bound to govern them by the Law, and not by their Wills contrary to the Law. So that in this Josephiu clearly made the antient Customs of his Country to comply with a Greek Notion, that had no being for some hundreds of Years alter Moses was dead. . *

And as for the Time of the Judges, even in the Intervals between them, when every one did that which was right in his own eyes, even then the Israelites were under the Kingly Government of the Fathers of the particular Families, over whom the Prince or Head of it had likewise a supreme Power.

F. But pray give me leave to speak a little farther: Let me ask you, what is an Aristocracy, if this be not ? viz.an Assembly of the Elders, or chief Fathers of Families of each Tribe, meeting, consulting, and resolving of the publick Affairs of the Commonwealth, under their Head or President, the Chief of the Tribe. And this is the Government for which Josephm makes Samuel so much afflicted, when the People would quit it for a Monarchy.

M- I think you are much mistaken in this point; for it is no where declared, that these Fathers of Families governed their own Families independently; for B. P. P. §31. then there would have been no publick Government at all: Nor yet is it said, that these Fathers governed by Majority of Voices chosen out of themselves; for then, I grant, it would have been a Democracy: Nor yet doth it appear, that a few of the better fort of Fathers of every Tribe governed it by a Council and.Magistrates, or that there was such Council of the several Tribes; but on the contrary,, every Tribe was governed by the Prince or Head of it; and these Princes Moses calls, the Heads of theHouse of their Fathers, in Numb. 7. 2. and who were over V«r. \z. 18. those that were numbered and made their Offerings. And Moses tells us particularly what every Man's Name was; as, Nafhon the Son of Aminadab, of theTribe of Judah; and Nathaniel the Son of Zuar, Prince of Islachar, &c. Now if there . was in those days any Government at all in Israel, then were these Princes the Governors of the several Tribes, and so every Tribe was under a Monarch, tho' the whole State of Israel was not under any one Person, or constant standing Council, and consequently was a System of little Monarchies.

F. I am not at all better satisfied with your last Reply : For in the first place I have Josephns on my side, who must needs know what the Government of his Country had been, better than you or I; and he exprefly calls it anAristocracy, in which the Judge (when there was one) was only in the nature of a General or Stadtholder, to whom the last Appeal was to be made in all Causes : And it is also as plain, that neither Moses, Joshua, nor the Judges, had Monarchical Authority: For tho' it be true, the two first could make War and Peace, yet this was also with the Consent of the Princes of the Congregation, as plainly appears by the Josh. 9. Story of the Peace made with the G'becnites, which the Princes of the Congregation confirm d by an Oath. Neither could they raise Taxesupon the People, or take any 1 Sam. 1.3. thing from them without their Consent; and therefore Samuel appeals to them, how


little he had oppress'd them, Whose Ox or -whose Ass have I taken ? whom have I de* frauded? -whom have Ioppress'd? Neither could they, nor the Judges their Successors, make any new Laws for the People God himself being their King and Legislator: And therefore what you urge as to the Regal Power of Moses and Jojhua, after the Sanhedrim had been constituted, amounts to no more, but that both of them were Heads, or Captains of the People, to lead them out to War, and bring them back again, which is express'd by going in and out before them;and their Obedience to their Military Orders, as also to such things which God hath ex* prefly commanded, is understood by these Words : AU that thou commandest m, we •will do; and whithersoever thou sendest m, we willgo: Yet still this was with respect to their obtaining the Land of Canaan; for otherwise, if either Moses or Jojhuashould have gone about of their own heads to have led them again into Egypt, I suppose you will not say, theIsraelites were bound either to have followed them, or submitted to them ; but rather might have resisted them in such case.

Arid therefore Josephms Speech, which he makes Moses to deliver, is not so ridiculous as you are pleased to make it: For the Laws here mentioned by him, and here set in opposition to Monarchy, were not such Laws as were made by the Geeek Commonwealth, as you suppose, but the Law given from God by his hand ; and these he might well think were sufficient, with such Power as he and Jo/baa enjoyed, without having any recourse to a humane Monarchical Government, since God himself was their King: And as for the Judges that succeeded them, they had much less Power than either Moses or Joshua; since it is apparent by the Story of Deborah and Barak,Judges the 4th, who were the Princes or Generals of the Tribes of Zebulun and Naphtali, that they had no Power to force the People to go out to fight against the Canaanites, whether they would or no. And therefore you will find in the next Chapter, in the Song of Victory which they fung, that many of the Tribes came not into their assistance; therefore it is there said, That for the Divisions of Reuben there were great thoughts of heart; and therefore they ask, Why abidest thou among the Sheepfolds? &c. And presently after it is said, Gilead abodebeyond Jordan: and why did Dan remain in the Ships? Asher continued on the Sea-jhore, and abode in hisBreaches. And so they conclude with, Curse ye Meroz, curse ye bitterly the Inhabitants thereof, because they camenot to the help of the Lord against the miglxy.

\ .So that I am persuaded it was the want of this Power in the Judges of making Laws, of imposing Tributes or Taxes, and of forcing Men to serve in the Wars against their Enemies (which they did before only as Volunteers) that made the Israelites the more desirous to have a King over them, like those of other Nations, • who were endued with these Prerogatives. And therefore the best Commentators do interpret the Prediction of Samuelconcerning the manner of the King that 1 Sara. 8. iij should reign over them, and would take their Sons for hisChariots and his Horsemen, and lt' to be Captains over thousands, &c. to relate to his Royal Power of enrolling,and making them serve in his Army, either as Officers or Soldiers, and the taking of their Fields and their Vineyards, and the Tenth of their Seeds, &c. to give his Officers and Servants; to signify no more than his Power of imposing publiek Tribute, and Impositions on the People, to maintain his Royal Splendor, and the Necessities of the State, as other neighbouring Kings were wont to do; all which they not being used to before, they should cry unto the Lord by reason of them, as a great Oppression: And that Saul, when he came to be King, used this Preroga- % , tive, of forcing the People to come and serve in the War, in a higher manner than Samuel or the Judges had done before, appears by the nth Chapter of this Book, when Nahajh the Ammonite came to make War against Jabejh: Saul took a Yoke of Oxen, and hewed them in pieces, and sent them throughout all the Coasts ofIsrael by the hands of Messengers, faying, Whosoever cometh not forth after Saul, and after Samuel, so shall it bedone unto his Oxen : And the Fear of the Lord fell on the People, and they came out with one Consent.

And it seems evident tome, that the Power, which Samuel had before the Children of Israel' desired a King, was not Monarchical, but mix'd of Aristocracy and Monarchy together, in which Samuel as Judge had a Judicial Authority, and likewise a Supreme Military Power of leading them out to War against the Philistines and other Enemies; and yet notwithstanding, the Supreme Power, in all other things, remained wholly in the principalHeads or Fathers of the Tribes, which whether they were chosen by the People, or enjoyed it by Right of Inheritance* I confess the Scripture is silent; and therefore I am not at all satisfied with your Notion, that the Government of these People, when they had no Judges, consisted of twelve petty Monarchies, under the Heads or Princes of the Tribes; for there is no Authority in Scripture to countenance any such Opinion, the place you bring for it out of the first and seventh of Numbers not at all proving it. For, though I grant there were twelve Princes of the Tribes, whose Names are there set down, and who are called Heads of the Houses of their Fathers, yet is it no where said, that these were endued with Civil Power, or were chief Rulers over the Tribes; for it is apparent all Civil Power remained then in Moses and the Sanhedrim, who under him decided all Controversies : So that it is most natural to suppose, that these Heads of the Tribes were not Civil Magistrates, but the Military Leaders, or Captains of each Tribe, when they went out to War, and are the fame, who, in this Chapter, are called the renowned of the Congregation, &c. and Heads of the Thousands of Israel. 

Nor doth it follow, that because there were such Officers in Moses's Time, that they must continue the fame under the Judges, aftert so many Slaveries and Oppressions that this People had undergone; or that if they did still continue, that their Power was Monarchical; or that they could do any thing without the Consent of the Heads, or Fathers of Families of each Tribe, in whom I suppose the Supreme Authority was in the Intervals of the Judges : And therefore we find in the ninth of Judges, that the Men of Shechem, and all the House os Mi So madeAbimelech King; that is, not over all the Tribes of Israel, but over Eplnaim and half Manasfes only, which is to be understood by Israel in this Chapter; where it is said, ver. 18. by Jotham the Son of Gideon, speaking to the Men of Shechem, 7"hat they had made Abimelech, the Son os a Maid Servant, King over the Men os Shechem,because he is your Brother.

So likewise after Abimelech was dead, the Children of Ammon made War against the Children of Israel, as appears by the tenth of Judges j and they encamped in Gilead, which was a Country on the other side of Jordan,which was inhabited by the Reubenites, the Gadites, and the other half of Manasfes, who by themselves consulted for their own Safety; for it is said in the last Verse of this Chapter, And the People and Princes of Gilead saidone to another, What Man is he that will begin to fight again/I the Children of Ammon? He shall be Head overall the Inhabitants of Gilead. From which Assembly and Consultation it plainly appears, that they looked upon themseves to have a Right of setting a Prince or Head over them, distinct from the rest of the Tribes of Israel: And in the next Chapter you will find, that Jephthah was made Prince, or Judge by the Elders of Gilead. And tho' it is said that Jephthah went with the Elders of Gilead, and that the People made him Head and Captain over them, yet that can't be meant of all Israel, but only of the two Tribes and a half, which inhabited the Land ofGilead; for we find, Chapter the 12th, the Men of Ephraim making War upon Jephthab, because he had not called them out to fight against the Ammonites ; and you will find, verse the 4th, that Jephthah gathered togetherthe Men of Gilead, and fought "with Ephraim, and that the Men of Gilead smote Ephraim. In all which Story it appears, there was none concerned in this War but the Gtleadites only ; that is, those Tribes that inhabited that Region.

I have likewise another Authority for this separate Power of each. Tribe, when there was no common Judge over them ; as may appear from the Story of the Danites in the 18th Chapter, who wanting a Country to dwell inj it is there said the Children of Dan sent five Men of their Family to spy out a Country for them; which thing could not be done without an Assembly of the Chief of the whole Tribe: Neither is there any mention in all this Story of any such Chief, or Prince of the Tribe, as you suppose, only that six hundred Men went by common Consent, who made War, and conquered the City and Country of Laijh, which they called Dan.

But that all the Children of Israel, during the Intervals,of the Judges, did meet in one common Council or Assembly, upon any great Accident or Emergency, appears by the 20th Chapter of this Book of Judges; where, after the Rape and Murder committed upon the Levite's Wise, ic is said in the two first Verses; "then aU theChildren of Israel ivent out, and the Congregation tuu gathered together as one Man, from Dan even toBeerjheba, with the Land of Gilead, unto the Lori in Mizfeh. And the Chief of all the People, even of all theTribes of Israel, presented


themselves in the Assembly of the People of God, four hundred thousand Fatmen that dreHa Sword: Who being thus met, the Levite, the Husband of the Woman that was slain, having told them the Scory, concludes thus jBehold ye are all Children of Israel, give here your Advice and Counsel; and the Result is, AM the People aroseas one Man, faying, We will not a/iy of us go to his Tent, neither will we any of w turn into his House, Sec. Now if this were not as Dcmocratical an Assembly, as you can any where meet with in either the Reman or GreekHistories, I leave it to you your self to judge; though I grant the chief of the People, or Tribes of Israel, might preside in it. To conclude; 1 think I may with very great Reason maintain with Josephs, that the Government of the Tribes of Isael was Aristocratical before their setting a King over them : For had Samuel been endued with an absolute Monarchical Power (as you suppose) it had been a very needless Request of the Children cf Israel, to ask him to make them a King to judge them, as other Nations. •-*•

rM. You have made a very long (I had almost said a tedious) Discourse to prove, that the Government of the Children of Israel was not Monarchical before the Time of Saul: And though I cannot now well remember all the F.P.r.i.jro. Particulars of your Discourse, yet this much I can gather from it, that you are fain to confess, that during the Intervals of the Judges, and when there was no King Judg. zi. id in Israel, but that every Man did thatwhich was right in his own Eyes: Even then the Israelites were under the Kingly Government of the Fathers of particular Families: For in the Consultation after the Benjamitical War, you mentioned, for providing Wives for the Benjamites, we find the Elders of the Congregation bore the only sway: To them also were Complaints to be made, as appears by Verse 22. And though mention be made of all the Children of Israel, all the Congregation,ar,d all the People; yet by the Term of all, the Scripture means only all the Fathers, and not all the whole Multitude, as the Text plainly expounds it self, in the second of Chronicles, where Solomon speaks unto all Israel,viz,.xo Ver. 1. 2. the Captains, the Judges, and to every Governor, the Chief of the Fathers: So 1 x»»?.8.ii* the Elders of Israel are expounded to be the Chief of the Fathers of the Chil- z Chron* j. it dren of Israel.

But I am less edified with your Notion, in making any of the Tribes to have set a Judge, or Captain over themselves distinct from the rest of the Tribes of Israel. For the Example you quote of Abimelech makes directly against you ; it being said, Verse 2 2d of that Chapter, that Abimelech reigned thee Tears ever Israel; and in the next Chapter it is said, there arose to derend Israel, Tola the Son of Puah ; and that he judged Israel, that is, all the twelve Tribes, twenty Years : And if Gideon, the Father of Abimelech, was Judge over all Israel, as it appears by the Story he was, it will likewise follow, that Abimelech his Son succeeded (though by Force and Murder) into the same Power. It is likewise as plain, (notwithstanding what you have said to the contrary) that the Elders ofGilead did not alone make fefbthab their Head or Captain. For though I grant fephthah tells them, that if lie fought, and delivered them from the Children of Amman, that he would be their Head; yet it is plain by the nth Verse of that Chapter, that jfephthah uent with the Elders of Gilead, and it was the Pecple (viz,, of all Israel)made him Head and Captain over them; and it appears, that Jephtbab uttered all these Words bejore the Lord inMizpeh; where it appears by the r 7th Verse of tue former Chapter, the Children of Israel were then assembled and in* camped.

Nor am I yet satisfied, but that though God, out cf a special Love ard Care

to the House Israel, did chuse to be their King himself, yet did he govern them

at that time by his Vice-Roy Samuel, and his Sons: And therefore God telis

Samuel, They have not rejected thee, but me, that I should mt reign over them. It seems

they did not like a King by Deputation, but desired one by Succession, like all

the Nations. All Nations belike had Kings then, and those by Inheritance, not

by Eleilicn; for we don't find the Israelites prayed that they themselves might

chuse their own King: They dreamt of no such Liberty, and yet they were the

Eiders of Israel gathered together. Ir other Nations had elected their own Kings,

tio doubt but they would have been as desirous to have imitated other Nations,

as well in the electing, as in the having a King: And therefore I am sure there

is nothing to be found in Scripture that countenances your Notion of the Peoples

having a > igfo to eletl their own King. But this onlv by the by.

L ...


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F.P.c-1. f."J- But to prosecute the Matter in hand: When God gave the Israelites Kings,. Jie re-establifh'd the ancient, and prime Right of Lineal Succession to Paternal Cipr vernment. And whensoever he made choice of any special Person to be King,-he intended that the Issue also should have benefit thereof, as being comprehended sufficiently in the Person of the Father, although the Father only was named in the Grant. Which Lineal Right of Succession continued in the Family/of David until such time as his Successors, by their Idolatry,, so far provoked-.God's Anger as to -deliver them up to the King of Babylon, under whose, and bis Successors.Power, they, and their; Posterity^ continued Subjects for many Age^ ux F. I wall not dispute any farther wish,you (since I fee 'tis to no .purpose) concerning the Government of the Israelites, whether it- was Monarchical or Acistor cratical before the Reign of Saul j nor yet shall I positively assert, that Abimekchor Jephthah, and other os the Judges, were Rulers of some .particular Tribes Vd. J:h/tn. onjy_ yet very learned Men are of this Opinion, since they can "find no o^her ChZ^Can. way> but by a Synchronism in the Times of the Judges, as also of the Years of 5fffii.*.29*i, Rest, and Servitudej as may appear from Judges io. -ver, 6, 8. compared with *5»2,£f 293. Judges13. 1. to-reconcile that great Difference that will be found in the sacred Chronology, from the Time of the Children of Israel's coming out of Egypt, tp the fourth Year of Solomon, in which the Temple was begun to be built, whiefr doth amount to four hundred and eighty Years; whereas, if you. please to take j Kings 6.1. the pains to cast up the Years from the Children of Israel's coming out of Egypt, to the beginning of Sauts Reign, according to the common Account of the Years of the Judges, reckoned with the Reigns of Saul, and David, to that time, &<;. it will amount to 600 Years, which is more by 120 Years than all the time from the said Epochato the fourth Year of Solomon taken altogether. .. ';.j /

But as for the several Tribes asone, consul ting and ordering their, own Affairs, it is so plain, from the Examples of the People, and Princes of Gilead, as also from that of the Danites, that you have nothing to object against it. And so likewise in the Instance of all the Children of Israel meeting and consulting what i to do with the Benjamites; where, since you cannot deny the Matter of Fact, you

have no way to evade it, but by supposing I know not what Kingly Authority in the Fathers of particular Families, whom you do suppose to have then bore the only sway; because it is said, in that Chapter you quoted, that in the Consultation after this War, the Elders of the Congregation proposed it to .them, laying, How JbaS wedo for Wives for them that remain, -feeing the Women are destroyed out of Benjamin ? And then follows the Result of the. Congregation in the next Verse; And they said (viz>. all the Congregation agreed) that there mustbe an Inheritance for them that be escaped out of Benjamin, &c. all which amounts to no more than what I granted at first, that the Heads, or Elders of the Tribes presided in this Assembly, and put the Question to them: Which is so necessary in all.great Assemblies, that without such Officers they cannot- come to any Resolution; and therefore you ftould do well to prove the Monarchical Power of these Elders by some better Authority than this Text.

But if the Judges had Monarchical Power, as you suppose, notwithstanding all you have said against the Peoples electing them, it plainly , appears, by the Examples of Abimelech and Jephthah, that the People did often elect a Judge, or Captain over them, without any Nomination by, or Inspiration from God.

But to return to that which is most material: Your supposed Restauration of Patriarchal Government underMoses and Jos ma, after the Israelites returned from the Egyptian Bondage, I cannot but here by the way take notice, that the Truth will sometimes flip from you before you are aware: For if it be true what you. at first asserted, at our last Meeting, 'that a Servant, or Slave, and a Subject, were all one at the fir ft; and alfa that allMonarchs are endued with Fatherly Power; then if Pharaoh was a Monarch, the Children of Israel were not, according to your Principle, brought into Bondage by Pharaoh, but they were only adopted into another FatherlyPower. But you should have done well to have shewn more clearly than you have hitherto done, that thisPatriarchal Jurisdiction was exercised by Abraham, Isaac or Jacob before the Descent into Egypt, since all the Instances you have yet given of such a Power, have proved very unlucky. For though I read' in Ms 7. 9. St.Stephen's Speech in the Ails, that the Patriarchs moved with Envy fold Joseph into Egypt; yet is it no where mentioned, (nor I believe , will you your self affirm)

that that these Patriarchs ever had a Monarchical Power. For 3tiU jtaccÆ Went into Egypt, that Power was solely in him, according to your Principles; and after that iri Pharaoh as King of Egypt: So that though I can find the Word Patriarch (but once) in Scripture, yet I can fee no ground for your Patriarchal Authority, of Jurisdiction;and therefore that could suffer no Intermission, which never had any beginning in Nature.

But after this you tell me, that God chose Moses, and Joshua successively to govern as Princes, in the place of those Supreme Fathers, or Patriarchs; Which is easily, I confess, affirmed, only it wants Proof: For though you endeavour td to prove that all Paternal Power was Regal, yet it still remains unproved that all Regal Power is Paternal. It is true, that God did appoint Moses and Jbfiua to be the Rulers of his People under him; but that doth not at all make oat that they succeeded in the stead of Supreme Fathers, much less that they succeeded as Heirs, or Successors, to the Patriarchal Po-xer of Adam. For Moses and Joshua being chosen by God to be Rulers of his People, will no more prove, that Go- 1-T.G.f.iou vernment belonged to Adams Heir, as to his Fatherhood, than God's chusing Aaron, of the Tribe cf Lev/, to be Priest, will prove that the Priesthood belonged to Adam's Heir, or the prime Fathers, since God could chuse Aaron to be Priest, and Moses Ruler over Israel, though neither of those Offices were ever settled on Adam's Heir> or the first Patriarchs. So likewise for what yon say concerning God's railing up the Judges to defend his People, proves Fatherly Authotity to be the Original of Government just after the fame rate'; and cannot God raise up such Men, unless Paternal Power give a Title to their Government?

-But to come to your darling Instance, the giving of the Israelites Kings, where-* by you suppose God re-establish'd the antient prime Right of Lineal Succession to. Paternal Government. This I can by no means understand; for if by Lineal Succession, you mean to Adam, I desire to know how you will make it out, that either Saul, or David could be Heirs of Adam's Power? or how the Power that those Kings were endued with by God, was the fame Power which Abraham, Isaac, and Jacob enjoyed before. For if you please to consider it, your Hypothesis consiits of two Propositions : The first is, that all Paternal Power is the fame with Regal Power ;which if it be proved not to- be true, the other convertible Proposition, viz* that all Regal Power is Paternal, will likewise be as false. Nor is what you said last of all any truer than the rest, that whensoevet God made choice of any Person to be King, he intended that the Issue (I suppose you mean his Issue) stiould have the benefit thereof: For either Moses, and Jojhua, and the Judges, were no Kings, (though you have aslerted the former to be so) or else they had not the benefit of this Grant- But certainly Saul was a King, and yet his Issue never succeeded. But you speak very warily to suppose this Grant to be made to the Issue in general, without specifying in particular who should enjoy it; because I suppose you are sensible, that Solomon, whom God exprefly appointed to beDavid's Successor j and Jehoahaz., whom the People of the Land ±Cl*w.i6.u made King in the room of Jojiah,were neither of them eldest Sons of the Kings their Fathers. To conclude, I desire you would shew me what Relation*or Title all Kings, or Princes now a-days have, or can claim as Heirs to Adam, or Ncah; or how that Power with which God endued those Fathers of Mankind, is the fame which you fay all Princes, or Monarchs, may now claim to be given them by God: For, I confess, I can see no Relation at all between them.

As. It may indeed seem absurd to maintain, that Kings now are the Fathers of their People, since Experience shews the contrary. It is true, all Kings are not F. P« $ 8« the natural Parents of their Subjects, yet they all either are, or are to be reputed ® the next Heirs to those first Progenitors, who were at first the natural Parents of the whole People, and in their Right succeed to the Exercise os Supreme Jurisdiction; and such Heirs are not only Lords of their own Children, but also of their Brethren, and all others that were subject to their Fathers. And tho' I have all along supposed, that Paternal Government was at first Monarchical, yet I must likewise grant, that when the World was replenished with People, that this Paternal Government by Succession ceased^ and a new kind of it started up either F.V.O.p.61by Election, Conquest, or Usurpation; yet this was still Paternal Power,which can never be lost, or cease, though it may be transferred, or usurped; or it may be ordained anew in a Person who otherwise had no Right to it before. Thus ...: I <; .'v-'L:« God,

God, who is the giver of all Power, may transfer it from the Father to the Son, as he gave Saul a Fatherly Power over his Father Kijb.

So that all Power on Earth is either derived or usurped from the Fatherly Power, there being no Original to be found of any other Power whatsoever; for if there should be granted two forts of Power without any Subordination of one to the other, they would be in perpetual strife which should be Supreme, for two Supremes cannot agree; if the Fatherly Power be Supreme, then the Power of the People must be Subordinate, and depend on it; if the Power of the People be Supreme, then the Fatherly Power must submit to it, 'and cannot be exercised without the Licence of the People, which must quite destroy the frame and course of Nature. '..

F. If this be all you have to fay for the Proof of so weighty an Hypothesis, I confess I wonder how you, or any rational Man can lay so great stress upon it: For though' I should grant you, that some Fathers of Families at first became,- by the tacit or express Consent of their Children and ,Descendants> to be Kings ot Princes over them; doth it therefore follow, that all Kings govern by Right of Fatherhood at this Day.

'Tis true you tell me, that all Kings, though they are mt now the natural Fathers of their People, yet are fiill to beesteemed a& such by them, as succeeding either as Heirjt or Successors to those that -were so. I grant indeed, if any Kings now adays could prove themselves right Heirs to Adam or Noah, this were somewhat to the pur? pose; but to talk of a Paternal Power, proceeding from Election, Conquest, oc Usurpation, is perfect Jargon to me; for pray tell me, can a Man become, ba-t dued with Paternal Power over me, by my Electing him to be my King? Or can a Man, by Conquest or Usurpation, oblige me to yield him a Filial Duty, and Obedience? For if this were so, if a Father of a separate Family (such as Abr&* ham was) should be conquered by the Head of another separate Family, nay: though he were a Thief or a Robber, if once the true Father were killed or destroyed, all the Children and Descendants of the Family must pay the fame Duty and Obedience to this unjust Conqueror or Robbeir, as to their true Father t And the fame may be said in Usurpations, in cafe after the Death of such a Father of a Family, a younger Brother or Nephew sliould get Possession of the House and Estate, and force all his Brethren and Kinsmen to submit to him, they must then all own him to be endued by God*with the same Paternal Power, which their Father or Grand-father had; and consequently must Honour and Obey him as their true Father: Both which Examples, being contrary to the common Sense and Reason of Mankind, may shew you, how absurd this Hypothesis is; whereas indeed, Fatherhood being a Relatson of Blood, the Duty and Respect we owe to our Father, proceeding from that Piety and Gratitude we owe him, both for our Generation and Education, how can this Relation, or these Obligations be ever transferred to, or usurped by another; so that any othec Man can become my Father, or I owe him the like Filial Duty, and Respect, as to him that begot me and brought me up? -. • - . i..

And though I grant that God may confer a Regal Power on whom he pleases, either by his express Will, or the ordinary coi/rse of his Providence; yet when such a Person, who was not a King before, doth become so, I utterly deny that the Power he hath then conferred upon him, is a Paternal Power in relation to his Suct/ects; which is evident from your own Instance of Saul's becoming a King over his Father Kijb. For though you fay, that Godthen conferred a Fatherly Power on Saul over his own Father, this is a great mistake: For then Saul would have been immediately discharged from all the Duties of Piety and Gratitude, which he owed his Father; and they were all transferred from Kijh to Saul; so that after he became King, he might have treated his Father with no more Respect or Deference, than any other Subject; which is contrary to God's Commandment, that bids all MenHonour their Father and Mother. And 1 know not how Kings can be excepted out of this Precept. So that your mistake arises from this preposterous confounding of Paternal Authority with Regal Power: And because Adam,Noah, or any other Father of a separate Family, may be a Prince over it in the State of Nature, that therefore every Monarch in the World is also endued with this Paternal Power: Which that they are distinct, may farther appear from your own supposed Monarchical Power of Adam, who though granting him to have been a Prince over his Posterity, yet did not this discharge any of . his Descendants from their Duty and Obedience to their own Father: And though I confess you talked at our last Meeting of a Fatherly Power to be exercised in subordination to the Supreme Fatherly Power of Adam; yet this is a meer Chimera: For Filial Honour and Obedience, being due by the Commandment only to a Man's own natural Father, can never be due to two different Persons at once, since they jnay command contradictory Things; and then the Commandment of Honour (that is, obey) thy Father,cannot be observed in respect of both of them; and therefore granting Adam, or Noah, to have exercised aMonarchical Power over their Children and Descendants, it could not be as they were Fathers or Grand-fathers, when their Sons or Grand-children were separated from them, and were Heads of Families of their own, for the Reasons already given; so that if they were Princes in their own Families, whilst their Sons or Grand-children continued part of them, it was only as Heads or Masters of their own Families, but not by any such Patriarchal orPaternal Authority as you suppose. But as for the Conclusion of your Discourse, it being all built upon this false Foundation, that all Power on Earth is derived or usurped from the Fatherly Powers I need say no more to it: For if that be false, all that you argue from thence, concerning the subordination of all other Powers to this, will signify nothing.

M. I think I can yet make out my Hypothesis, notwithstanding all you have said -against it: For though I grant the Paternal Relation itself can never be usurped bf transferred} yet you may remember, I at first affirmed, thatAdam was F. P. not only a Father, but a King and Lord over his Family, and a Son, a Subject, a Servant, or a Slave, were one and the fame thing at first; and the Father had Power to dispose of; sell, or alien his Children to any other; whence we find the Sale, and Gift of Children to have been much in use in the beginning of the WofFe},° when Men had their Servants for a Possession 'and an Inheritance, as well as othe? -Goods; whereupon we find the Power of Castrating or making Eunuchs much .in use in old Times. And as the Power of the Father may be lawfully transferred, or aliened; so it may be unjustly usurped. And though I confess no Father, or Master of a Family, ought to use his Children thus cruelly and severely, and that he sins mortally if he doth so; yet neither they, nor any Power under Heaven can call such an Independent Father or Monarch to an account, or punish him for so doing.

F. I am glad at last we*are come to an Issue of this doughty Controversy. And though I forced you at our last Meeting to confess, that Fatherly Powet was not despotical, nor that Fathers upon any account whatsoever were absolute Lords over their Children, and all their Descendants, in the State of Nature; yet now I see, to preserve your first Hypothesis, you are sain to recur to this Despotical Power of Fathers in the State of Nature: Because without supposing it, and that it may be transferred or usurped, Princes at this Day (whom without any Cause you suppose to be endued with this Paternal, Despotick Power) could never claim any Title to their Subjects Allegiance. And then much good may do you with your, and Sir R- F's. excellent discovery: For if, as you yourself acknowledge, Princes are no longer related in Blood to their Subjects, any nearer than as we all proceed from Adam our common Ancestor, that Relation being now so remote, signifies little or nothing, so that the true Paternal Authority being lost (as you confess) the Despotick Power of a Lord over his Servants, or his Slaves, only remains: Since therefore you make no difference in Nature between Subjects and Slaves, then all Subjects lie at the Mercy of their Kings, to be treated in all things like Slaves, whenever they please; and they may exercise an absolute Despotick Power over their Lives and Estates, as they think fit: So that I can see nothing that can hinder them from selling their Subjects, or castrating them, as the King of Mingrelia doth his Subjects at this Day; and as the Great Turk and Persian Monarchs do use those Christian Children, whdm they take away from their Parents to make Eunuchs for their Seraglio's; and then I think you have brought Mankind to a very fine pass, to be all created for the Will and Lust of so many single Men, which if it ever could be the Ordinance of God, I leave to yourself to judgeAs. I was prepared for this Objection before, arid therefore I think it will make nothing against this absolute Power, with which I suppose God to have endued Adam, and all other Monarchs at the first: So that I am so fas from thinking that this Doctrine will teach Princes Cruelty towards their Subjects, that on the B.C.P. $.3.

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contrary, nothing can better inculcate their Duty towards them: For as God is the Author of a Paternal Monarchy;so he is the Author of no other. He introduced all but the first Man into the World, under the Subjection of aSupreme Father, and by so doing, hath shewn, that he never intended there should be any other Power in the World, and whatever Authority shall be extended beyond this, is accountable to him alone; so that Princes are bound to treat their Subjects, as their Children, with Mercy and Lenity, as far as they are capable of it, and not as their Brutes. And granting that Subjects and Servants, or Slaves, were at first all one, yet t think even they ought to be treated only as younger Children, yet as Children still: Nay even conquered People, that are in some Countries treated as Slaves, and but'a little better than Brutes, have certainly a very good Appeal to the Tribunal of God against their Princes, who will undoubtedly right them in another Worldj if they suffer patiently in this. If it be the Character of a good Man, that he is Merciful to his Beast, I doubt not but the very Brutes have a Right to be governed with Mercy and Justice, and that God who is their Creator, as well as purs, will punish cruel Men if they tyrannize over them; and much more if any Man shall exercise Cruelty on another Man, who is of the fame, not only Nature, but Blood.

Whereas all other Hypotheses leave the Prince at Liberty to make his Bargain with his Subjects as well as he can;and if they be brought by Force, or Fraud, to an entire Submission at Discretion, they may then be treated accordingly, and must stand to their Compact, be the Terms never so unequal, and then the Cafe of a Man, and a Brute, may differ very little; and if the Subject may resist, the Prince may take care to prevent it, and the War may be just on both sides, which is impossible.

I could likewise shew you many other Benefits that would accrue both to Princes, and Subjects, were thisHypothesis but once generally taught, and believed by both of them.

F. I pray, Sir, spare the giving yourself that trouble, for I will not dispute how honestly this Hypothesis may be designed, or what mighty Feats it might do, were it once universally received. But this neither you, nor I, can ever expect will come to pass, because neither Princes, nor People, will ever believe it to be true: For in the first place, the People will never be convinced of it, it being above a vulgar Understanding, that their Princes, wfcom they are very well assured are not their Fathers, nor yet right Heirs to Adam or Noah, should notwithstanding lay claim to a Paternal Authority over them. In the next place, Princes can never believe that they are Fathers of their People, for the fame Reason: I grant indeed, that they may be very willing to believe one half of yourHypothesisy that they are absolute Lords and Masters over them, and so would be willing upon that account to use their Subjects like Slaves; but that they should look upon themselves as Fathers of their People, and the Heirs or Assigns of Adam or Noah, I think no Prince in Christendom can be so vain to believe. So that whatever PowerAdam or Noah, or any other Father, might been intrusted with by God, because of that natural Affection which they were supposed to bear toward their Children; yet sure Princes at this Day can lay no claim to it, since none but true Fathers can be endued with this Paternal AffeElion.

And whereas you suppose, that Princes ought to treat their Subjects, nay even those that are conquered, like Children, and not like Slaves, or Brutes; this can have very little effect upon them, who can as little believe it, as the People. For if Monarchical Power is not Paternal (as I think I have clearly made out) then there can lie no Obligation upon Monarchs to treat their Subjects like Children: And therefore, since the Despotical or MasterlyPower only remains, which is; ordained principally for the good and benefit of the Master, and not of the Ser-. vant or Slave; who can blame Princes, if they exact the utmost of their due Prerogatives, and so treat their Subjects like Slaves, whenever it serves their Humour or Interest so to do? Nor are they any more to be blamed for thus exert-, ing their Power, than a Master pf Negroes in the West-Indies is, for making the best of the Service of those Slaves, whom he hath bought with his Money, or . are born in his House: Whom though I grant he is not to use like Brute Beasts, for the Reasons you have given; yet doth it not therefore follow, that he is obliged to use them like his younger Children; for then sure he could not have a Right to keep them for Slaves as long as they lived, and to let them enjoy no


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thing hut a bare miserable .Subsistence. And there is very good reason for this, for almost every Planter inBarladoes knows very well the difference between the Relations of a Father, a Master, and a Prince, and that the one is not the other; and it is from your jumbling together these three different Relations, of ^iS^^V'Slave, anf! aSubject, that hath led you into all these mistakes. For though x\ should be granted, that the Right of a Master over his Slaves may be acquired by Conquest, ox assigned to, or usurped by another; yet certainly, the 'Authority';or .Relation of a Father, and the Despotical or Civil Power of ..a Monarch, can never be acquired by Conquest, nor yet usurped, without the consent aud submission of the Children and Subjects. . , H .- - ... ,/„ . .

And therefore to conclude, I do not think your Pfypothesis one jot the better, by your founding,.-ft upon anImaginary Paternal Power, rather than upon Compafi, , which I am sere can never be made upon so unequal Terms, as to render the Case ,of a^«w;and a Brute very little different; since it. would be to no-purpose for y subject to, mike a Bargain with their Monarch, <

anypabject to, mike a Bargain with their Monarch, or Conqueror,; andyet,,tp leav&. themselves .in as bad, or worse condition, than they were in the State of / NatureYSo that however convenient your Hypothesis may be, either for Prince, or People, it signifies no more than the Popish Hypothesis of the Infallibility of the Pope, and aGeneral Council, which because they suppose neceslary, and is indeed very beneficial for their Church j therefore God had conferred it upon them: But how^false a way of Reasoning this is, hath been sufficiently demonstrated. The Application of this Comparison is so obvious, that. SI leave it to, you to make, M. I cannot but think, for all you have yet said, that God hath .endued all Princes with a Paternal Authority, and for this, I have the Church ofEngland F p on my side, which in its Catechism, in the Explanation of the Duties contain- Ko.g.^54, ed in the fifth Commandment, Honour thy father, &c. doth comprehend under that Mead, not only to Honour and Succourour Fathers and Mothers, hut also to Honour, and Obey the King, and all them that are put in Authority under.him; as if all Power were originally in the Father: So that this Command gives him the Right 'to govern, and makes the Form of Government Monarchical. And if Obedience to Parents be immediately due by a natural Law; and Subjection to Princes, but by the Mediation of an Humane Ordinance, what reason is there, that the Laws of Nature fliould give place to the Laws of Men? As we fee the Power of the Father over his Child gives place, and is subordinate to the Power of the Magistrate. And that this is not the Doctrine of Christianity alone, but was also believed by the best Moralists amongst the Heathens, may appear by this remarkable Passage out of Seneca dedementia, which is so put to this purpose, that I took the pains to translate it into English in my Com- . mon-place-Book: Some of which I will now read to you. What is the Du- *•c- *4* ty of a Prince .<* 'That of kindParents, who aje to chide fheir Children sometimes sweetly, and at other times with more .jbarpnefs, andsometimes correEi them with blows. And after having shewn, that a good Father will not proceed to disinherit hisSon, or inflifl any more severe Puaijhmeuti upon him, till he U post all hopes of Amendment; he proceeds thus:No Parent proceeds to Extirpation, till he hath in vain spent all other Remedies. "That which becomes a Parent,becomes a Prince, who is filled without flattery the Father of his Country; in all our other 'Titles, we consult their(i.e. the Emperors) Honour. We have called them the Great, the Happy, the August, and heaped upon ambit misMajesty all the Titles we could invent, in giving these to them: But we have filled him the Father of his Country,that the Prince might consider the Power of a Father was given him: Which U the most temperate of all Powers,consulting the Welfare of the Children, and preferring, their good bef ore its own.

And as for your Objection, why Princes cannot be loved and reverenced, as if they were our Fathers, because not being our Fathers indeed, they may possibly want that Natural and Fatherly Affection to their Subjects, and consequently may tyrannize over them; I think this is easily answered: For,

First, God, who is, and ever was the true Disposer of Kingdoms, hath in his Hands the Hearts of all Princes, and endows them with such Afiections.as he thinks fit, not only towards the People in general, but towards each particular Person: And therefore, as he was the Author of all Government, and is still the Preserver of it; so no inconvenience can happen, but he is able to redress




Secondly, That there was as great, or rather greater Inconveniencies, which sprung at first from the too great Lenity of these natural Princes, for want of Power or Will to punish the disorders of their Subject Children, as have ever sprung since from the Tyranny and Cruelty of the worst Princes: And I believe, to this was owing that excessive Wickedness, which forced as it were God Almighty to put an end to the first World, by that time it had stood about 1600 Years. And we fee afterwards Eli and Samuel, good Men, and severe Judges towards others, were yet too indulgent to their own Children; which shews the weakness of your Reasons, and the greatness of the Wisdom of God, in making all Government to spring from Paternal Power, which is the mildest of all Powers, and to descend by degrees to Hereditary Monarchies, which are the Divinest, the most 1 Natural, and the best of all Governments, and in which the People have^ the least Hand.

F. I fee plainly, that you think the Laws of Nature or Reason are not on your side, and therefore you are forced to recur not to the express Words of Scripture, but to the Paraphrase or Explanation of them in our Church Catechism, which certainly 'never was intended to have that consequence drawn from ir, which you have made; for though you are pleased to omit one pare of the Commandment with an &c. yet the Words are, as you yourself must acknowledge, Honour thy Father, and thy Mother; and if from Honour thy Father, you will gather that all Power was Originally in the Father, it will follow by the fame Argument, that it must have been as Originally in the Mother too: Father, and Mother, or Parents, being mentioned together, in all Precepts in the Old and New Testament, where Honour or Obedience is enjoined on Children: And if these Words, Honour thy Father, must give a right to Government, and make the Form also Monarchical; and if by these Words must be meant Obedience to the Political Pow,tr of the Supreme Magistrate, it concerns not any Duty we owe to our natural Fathers, who are Subjects; because they, by your Dcctrine, are divested of all that Power, it being placed wholly in the Prince, and so being equally Subjects, and Slaves with their Children, can have no Right by that Title to any such' Honour or Obedience, as contains in it Civil Subjection. But if Honour thy Father, and thy Mother,signifies the Duty we owe our natural Parents, (as by our Saviour's Interpretation, Matthew 1 j. 4. and in all the other places'tis plain it doth) then it cannot concern Political Obedience, but a Duty that is owing to Persons who have no Title to Sovereignty, nor any Political Authority, as Monarchs over Subjects. For Obedience to a private Father, and that Civil Obedience which is due to a Monarch, are quite different, and many times contradictory, and inconsistent with each other. And therefore, this Command, which necessarily comprehends the Persons of our natural Fathers and Mothers, must mean a Duty we owe them distinct from our Obedience to the Magistrate, and from which the most absolute Power of Princes cannot absolve us. And to make this yet plainer, suppose upon your Hypothesis, that Seth, as eldest Son of Adam, was Heir of all his Patriarchal Powe)-, how could all his Brethren and Sifters Honour, that is, Obey Eve their Mother, supposing Seth, and her, to have commanded them things contradictory at the fame time?

So, that though I grant the Compilers of our Church Catechism did intend in this Explanation to comprehend all the great Daties towards our Governors; yet it is plain, they never dreamed of this far-fetched Inference, that you have drawn from their Explanation of it; for though under this Command of Honour thy Father, and thyMotlxr, they do indeed comprehend Obedience and Honour, w be due to the King.C^c. this no more proves that they believed all Kingly Power to be. Paternal, than that because they likewise there infer from this Command, a Submission to be due to all Governor i,Teacbers, Spiritual Pastors, and Masterj^that therefore all these Parties here named do likewise derive their Authority from Adam's Fatherhood; or that because under the Command against bearing False Witness, we are taught to refrain our Tongues from Evil Speaking, Lying, and Slandering,that therefore all Lies, and Evil Speaking whatsoever, is downright bearit g False Witness against our Neighbour; since nothing is more certain, than that a Man ir^ay commit either of the former, wirhout being guilty of the latter. And to answer your Query, if Obedience to Parents be immediately due by a Natural Law, and Subjei~lionto Princes but by a Humane Ordinance, what reason is there

that that the Laws of Nature should give place to those of Men? I can easily reply, that the Power of a Father over his Child gives place and is subordinate to the. Supreme Powers, because they are both ordained so by God in theLaw of Nature; it being highly reasonable, that.the good of a private Family should give place to the common good of the Commonwealth, which is a sufficient reason, and extends to all Nations, which -never so much as heard of the Ten Com-' mandments. . . •: .'> .. ■• . ...'

But to come to your Quotation out of Seneca, I think this hath a great deal less weight in it, than your Argument from the Fifth Commandment: For though this Philosopher writ to the Emperor, to persuade him to Clemency; yet this I am sure of, that he nevefcgdreamt of this Notion of Adam's Sovereignty, or believed that every Prince was endued with Paternal Authority, because amongst other Titles he was stiled Pater Patria. And therefore what this Author here fays, is to be looked upon only as a Rhetorical Flourish, or, at the most, to be understood but in a Metaphorical fense; the Arguments of this Author not being to be always taken strictly as aLogician, but only as an Oratory who was to make use of all Appearances of Reason to persuade a young Prince to Mercy and Clemency; and yet all this wa's not sufficient, as Seneca himself found; before he died, by woful Experience. And Seneca very well knew, that lul/y was stiled Pater Patria by the- Senate, though he was never endued with your Imperial or Paternal Authority. >'\. v.'

But to reply a little to your Answer against my last Argument, that Princes not being our Natural Fathers, must often want that Natural and Fatherly Affection towards their Subjects, and therefore may tyrannize over them; I think the first part of your Reply will make nothing in confutation of what I have said: For though I will not deny but God, who hath the Hearts of Princes in his Hands, may sometimes endue them with such Affections as he thinks fit, not only towards the People in general, but towards each particular Person; yet this may be as well evil as good Affections: As God is said in jfudg.9. to have sent an evil Spirit between Abimelech, (one of your usurping Monarchs) and the Men of Shechem, his Subjects: And therefore God may as well fend the one for the punishment, as the other for the benefit of a Nation i And that God is more likely to incline the Hearts t>f Princes to such evil, than good Affections towards their Subjects, may appear,from Mankind's more often deserving God's Anger, for their evil Deeds, .than Favours for their good ones.

And I desire you would shew me in how many Absolute Monarchies now in the World, God Almighty is pleased to declare this wonderful Operation of these Fatheily .AffeElims towards their People. I pray deal ingenuousiy, and tell me, is it to be found in our European Monarchies, where most Princes do not only miserably-, harrass and oppress their Subjects, by intolerable Taxes, and standing Armies, till they reduce themito the lowest condition of Beggary:and Desperation; and where, for the least differences in Religion, they take away their Subjects Lives by that , cruel Tribunal.'of the Inquisition, without any fair or legal Trial; or .else, where, .notwithstanding all Edicts, Oaths, and Vows to the contrary, they seize lupon^ and spoil their Subjects of their Estates, and imprison and torment their Persons by those booted Apostles the Dragoons; because Faith is not to be kept with Hereticks; or else* in another. Country, where the Prince took upon him a Prerogative to dispense with all Laws at his pleasure, and to imprison, and turn Men out of their. Freeholds, contrary to the known Laws of the Kingdom? Or, to conclude, must we look for these Divine Operations amongst the Eastern, Monarchr, where they treat their Subjects like Slaves, and allow them no Property either, in Lands, or Goods, farther than they think fit, and to have their Persons and Lives wholly at their Mercy, to be castrated, made Slaves of, or killed, as often as it shall please their Humour orPaffion? And I doubt, if you will but read Antsent as well as Modern Histories, and alfb survey, the State of Mankind in all the Absolute Monarchies between France said Japan; you will find more frequently Examples of the evil, than good Affections of these your Artificial Fathers towards their Adopted Children. . '.•  ■']r.i,.

M. I cannot deny, but you .have given a very Tragical Account of the "Tyranny and Oppressions under diversAbsolute Monarchies now in the World; yet this is not the fault of, the Government, but of the evil Principles, bad Education, or Tempers of those Monarchs; as also, oftentimes from the unquiet and rebel

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B.C.P. § 3. Uous Disposition of their Subjects, from the distrusting of which, they place all their Security in standing Armies, and Guards; so that I must grant, that all those Governments that are maintained by Armies too strong for the Subjects in general, are uneasy, and degenerate into Despttick Monarchies, and are unsafe both to the Prince and People. And to let you see, that it is not my intention to P. P. i 6. maintain or defend Oppression or Tyranny, I must freely assert, with Sir R. F. (whose Principles I here take upon me to maintain) that all Princes are bound to treat their Subjects as their Children, and that it is contrary to the Nature of Mankind, to make their Offspring Slaves; and that all Kings, (nay Conquerors too) are bound to preserve the Lands, Goods, Liberties, and Lives of all their Subjects, not by any Municipal Law, but by the Natural Law of a Father, which binds them to ratify the Acts of their Forefathers and Predecessors in things necessary for the publick good of their Subjects: But yet you have not.done fairly, not to take notice of the great Oppressions that are exercised in some Commonwealths likewise towards their Subjects, which if you would please to consider, and weigh the fewness of these against the great number of Monarchies now in the World, I believe you will have good cause to confess, that there are many more good Monarchs, than equal Commonwealths. And I do believe there was as much Tyranny exercised in these three Kingdoms during our Civil Wars, and afterwards under the Government of the Rump and Cromwell, till the Return of the late King Charles, as in all the AbsoluteMonarchies between France and China, or from the North to the South Pole. And it is very remarkable, that when Oliver Cromwell set up the most Absolute and Tyrannical Government that ever was in this Ifland, there was yet no noise of any Fears or Jealousies of it in all his Times.

F. I am very well pleased to find you so heartily agree with me, in condemning of Tyranny and Oppreflion inall sm ts of Governments whatever. And I do assure you, I do as little approve of it, if it be any where exercised in Commonwealths, as you can do in Monarchies: Only I must needs tell you, I am not at all of your Opinion, that the Oppressions or Abuses, committed by the Magistrates in Commonwealths, are to be compared with the Tyrannies, and Cruelties exercised by Absolute Monarchs, and their Subordinate Ministers. For though I grant they often lay very severe Taxes and Impositions upon their Subjects, especially such as they have acquired by Conquest, and so act like Absolute Monarchs over them, yet arc these Oppressions not at all to be compared to those under Arbitrary Monarchies; for though perhaps divers Commonwealths may impose greater Taxes upon their Subjects than some Neighbouring Monarchs; yet doth it not follow, that their Government is more severe for all that; since the People having an opportunity by free Trade, and Liberty of Conscience in suchCommonwealths, to acquire a greater share of Riches, are also thereby enabled to contribute more to the maintainance of the Government, by which they reap so great Benefits. Thus we see a Citizen of Amsterdam isable to pay six times the Taxes of one of Antwerp': And therefore I dare, for all that, appeal to any common Subject (though a Papist) of the United Provinces^ whether he had not rather live under the States of Holland,than under the French King j or to any Subject of the Commonwealths of Venice, Genoa, or Lucca, whether he doth not prefer his Condition, as bad as it is, to that of any of the Subjects of the Pope, Duke of Florence, or any other Italian Prince; not to go over into T'wkey, and those other Eastern Monarchies, where the Yoke of Slavery lies yet more heavy upon the Subjects than in Europe.

And as for what you fay, in the comparing of those Illegal Arbitrary Proceedings^ that were exercised inEngland, during the late Civil Wars, and afterwards, till the King's Coming in, I must beg your pardon, if (besides the great Hyperbole in your Expressions on that occasion, which I am sure are very far from Truth) I impute those Miscarriages, not as the fault of this or that sort of Government, but rather to a powerful FaBion,back'd by a standing Army, which was more like a Tyranny, or corrupt Oligarchy, than any settled Government. Nor is what you fay concerning Oliver's Government more true than the former; for all Men, except his own Faction, were not only afraid, but really sensible of the lose of their Liberties under his Tyrannical Usurpation: Though indeed, there was a very "good reason, why there should be fewer Fears ot Jealousies of it, than in his late Majesty's Time, when his Government began to grow uneasy through the Peoples pies Fear of Popery and Arbitrary Government, which they had no jealousy of in Cromwell's Time; and as for the latter, they had no occasion to fear that which had already happened. •

But that you may not mistake me for a Commonwealths Man, I must so far agree •with you, that to condemn Monarchy as such, were to repine at the Government of God himself; so that I also grant, that the fault lies not in the Form of Government, but in the frail Nature of Men, which can rarely administer that great Trust committed unto them, as becomes what they take upon them to be, Cod's Vicegerents upon Earth: And I must own, that I esteem Monarchy limited bji known Laws, at the best and most equal Government in the World; and under which both Prince and People may live most happily and easily, if each of them will be but contented with their due share.

But I beg your pardon for this Digression;, and to come to a Conclusion, I must freely tell you ■ it is not a Straw matter, what your s or Sir R. F's Principles are concerning the Fatherly Power of Princes; for as long as there is no ground for it in' Scripture or Nature , you cannot expect that either Princes or People will ever believe you. Neither is it true, that Princes as Fathers are bound to treat their Subjects in all things like their Children, for then Princes ought to maintain their Subjects, and not Subjects their Princes; since it is the Apos- z tie's Rule, ThatChildren ought not to lay up for their Parent*, but the Parents for the Children: And though you pretend not to plead for Tyranny or Arbitrary Government, yet I cannot at all understand, why if it were not for this End, you should assert not song since, in your answer to me, that God thought fit to. change Paternal Government intoHereditary Monarchy, because of the excessive Wickedness of Mankind before the Flood, proceeding from the too great Lenity of those Patriarchal Princes, in not punishing the disorders of their Subject Children; which is a very bold Assertion; since you know no more than I, what that Wickednessijipas in particular, for which God drowned^ the World, much less what was tM occasion of it. And therefore, if God thought fit to change PaternalPower into Hereditary Monarchies, which (as I have proved) do not at all proceed from Paternal Power, it will also follow that the Government of your Patriarchs was not sufficient for the well being and happiness of Mankind, or else God would never have thought fit to have altered it for a more cruel and severe way of Government.

But as for what you fay concerning those Princes that place all their Security in Guards and Armies too strong for the Subjects, that they are uneasy, and degenerate into Defpotick Monarchies, (you might better have said Tyrannies) and that they are unsafe both for Prince and People, is very true, and I altogether agtee with you in it. But those of your Principles have no reason to find fault with Princes for so doing; for since they do but use their just Prerogative over their Slaves or Vassals, it is but fit that they should be made to undergo that Yoke, whether they will or no, which they would not bear willingly: And as long as Princes look upon themselves to be (what they really are upon your Principles) the Masters, arid not the Fathers of their People, as they suppose the Goods and Estates of their Subjects to be wholly at their Disposal, so can they never command them as they please, without the Assistance of Standing Armies. Nor have you any reason to complain of those Princes for keeping them too strong for the Subjects to oppose; since, upon your Principles, be they strong or weak, the Subjects are not to resist them. But if Princes, without your extraordinary fondness of using their People like Children, would but always use them like Subjects, with ordinary Justice and Moderation; and not oppress them with excessive Taxes, and unnecessary Penal Laws about Religion, you would find there would be no need of Standing Armiesto keep the People in awe, who would themselves be the best defence not only against Domestick, but Foreign Enemies. And this I'll assure yon is a much better Receipt against Rebellion, than all your new Recipe's of'Paternal Power in Monarchs, which is not only without all ground of Reason, but above common Apprehensions. •=■ <•• ■ i •. .

M. You have made a long Speech in answer to my Hypothesis, which since you are not satisfied with, I can likewise shew you another very good reason, why the People should love and reverence their Princes; and that is, those great Liberties and Concessions that all the Monarchs of Europe have granted their Subjects,

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which are now pass'd into the fettled Laws and Cuiloms of those Kingdoms, with. which the People ought to be very well contented. Nor ought they to reber, or resist, though they may sometimes out of wantonness and necessity infringe,, or intrench upon those Privileges, which they or their, Ancestors have conferred upon them; since they can never fvrfirt that Power they have originally over^ them.

F- I do not very well understand what you mean; for I have hitherto supposed that all'Subjects have a Property in their Estates, and a Freedom for their Persons by the Laws of Nature; and which no Civil Power whatever could deprive , them of without their Consent: And therefore I desire you would shew me, that if Children, Subjects, and Slaves, were all one at the hrst, how we in this side o£ the World came to be in a better condition than those in Asia, and AfricaOr; that we Englishmen can claim a Property in our Estates, and a Right to our Lives, which the Prir.ce cannot take away, but according to some known Laws?

M. I think I can eaiily do this, not only in relation to England, but any other, Kingdom, which is now governed by known Laws, and that upon Sir R.F.'s Hypothesis; which I shall do (as near as I can remember) in the Words of that e*-. cellent Person the late Earl of Clarendon, in his Survey of Mr. Hobbs's Leviathan; who supposes, according to this Hypothesis, That some one of Noah'/ Descendants vat aft, Absolute Monarch at first over all hisPcsterity, -which might continue in his Line forsome Ages, till at last their Relation by Blood to their Subjects wasrenm<ed at so great a, distance, that the Account os their Kindivd or Relation to each other was scarce remem*herd; whereby they who had the Sovereign Power, still express less Paternal Affection in their Government,looking upon those they governed as weer Subjects, and not as their Kinsmen or Allies; till by degrees, accordingtt the Custom of Exorbitant Power, they (considering only the extent of their own jurisdiction, and what theymigltt, ratlxr than, what they fiouid do) treated them who were under them, not as Subjects, but as Slaves^ whohaving no Right to any thing but what they permitted them, they would^uhw them to possess nothing, but whatthey had no occasion to take away. Estates they kilkone that they could call their own, because when their Princecalled for tlxjn, they were-his: Tlieir Per-^ sons were at his Command, when he had eitlier occasion or appetite tomake use os tItem j and their Children inherited nothing but their Father's Subjection; so that they were happy ormiserable, as he who had the Power over tliem, pleased to exeicije tt with more or less Rj-i gour or Indulgence;yet they submitted alike to both, acknowledging his Dominion to be natun. rally as absolute, al their Subjectionand Obedience. '• . . j I

Tliefe Princes might for some Ages have pleased themselves with this Exorbitant Exercise of their Power, whichthough it had been always the fame, yet the Exercise of it had, been very moderate, whilst there remained theTenderness or Memory of any Relation. But these Princes began at last to discern, and be convinced, that tiiegreat strength they seemed to be possest of, would in a jljort time degenerate into weakness, and the Riches theyseemed to enjoy, would end in want and necessity, as well in themselves, as in their Subjects; since no Man wouldbuild a good House, that his Children could not inlierit, nor wltnate their Land with any good Husbandry andExpence, since the profit thereof might be given if) smother Man: And that if the Subjects did not enjoy theConveniences of Life, they could not be sure of their Help and Affection, whenever they should have IVar withanother Prince as absolute as themselves; but they would rather chuse to be subject to him, under, whose.Government they might live with greater Liberty and Satisfaction. And lastly^ thai if they ingress'd as the Wealthand Power into their own Hands, they should find none uM would defend them in the Possession of it: And thatthere was a great difference between that Subjection which Love and Duty pays, and that winch results only, fromFeaf.stni Force; since Despair often puts an end to that Duty, whish Reason, and it may be Con/U? ence, wouldotherwise have persuaded them still to continue: And tlmesore. .that it was no* <ejjary that their Subjectsfliouldfind ease and profit in Obeying} as well as Kings flap snie in Commanding. These wise and wholesomeReflections might ptuail with Princes, Jii their own, as well as Subjects benefit, torefirain their Power, and tornake'itlef\ aJ/suhUe'i that it might be more useful; and to give their Subjects, such u Itofeify'fi.their Good^ andLands, as should not be invaded, but in such cafes, and on such occasions, as the ntr. cejftties of the Gcvernmtntreafly required. But as they found the benefit arising from ifiefe Condescensions highly tend to the Improvement oft/x Riches, and Gvilityiof their Subjc'Ui, with a(l those Additions of Pleasure and Industry which renderMm'sXise, as we/J ft the_Government easy and pleasant, tlxy still in several Generations enlarged these Grar cesand Cenceffioiu to their Subjects, yet reserving all in themfehes that they did not


part -with by thfit voluntary Grants or Concessions. And if we take a vjem of the several Kingdoms of the World,,we stall fee another face of things, both of Power, and Riches, in tbqst, Guvernmepp -where-these Condescensionsand Concessions haw been best observed, than in those Kingd/.ms where the Sovereigns eitlxr retain, er resume tot/xtnfehes all those Rights, or Prerogatives, which are invested in tlxm from the Original Nature of Government iso that there still remains enough in tlie Princes Hands to be made use of for tlxprefervatff>n of Ids own Power,and the defence of his SubjeEls, for ■whose benefit it w intrusted with him by God. So far the late Great Chancellor.

And these Privileges and Condescensions, being once pass'd into constant and standing Laws by the Princes that gave them,, and also solemnly sworn to by their Coronation Oaths, do for the future bind not only those Princes that granted them, but also their Successors, to their observation : And I then look upon them bound, under pain of Damnation, not to break or infringe them, without very great necessity- . , L

But however, if they shall happen so to do, since, they Were Matters of meer Grace and Favour at the first, and not of Right, the Princes that thus transgress them are only accountable to Gfid, and punishable by him, and not by their Subjects, for any Breaches or Infringemeets of such Liberties and Immunities : And this may serve against the Fancies of all those, who think Princes have nothing but what the People have given thsm; and likewise agajnst such as Mr. Hcbbs, who maintain so much is conferred ,pn them, that they have a Right to leave no body else any thing to enjoy, that they have a mind to take from them. And this I take to he.a much beubr Segufity fox.the Peoples Liberties, to leave it to the Honour and Conscience of their Princes, and that Fear they ought to have of the Divine Vengeance, in case they oppress, their Subjects contrary to Law, than your heady and violent Methods of Resistance for'the Oppression or Tyranny of Princes, which would but give the common People a Pretence of taking Arms,, and rebelling against their Princes upon every flight Provocation. , F. You have made a very plausible Discourse, whether os your o\vn, or from the Author you quote, is not much material;for, I doubt, when it comes to be examined, it will appear much more like a Romance than a true History: And therefore, granting at present your'Principles to be true (tho* they are not) I desire you to shew me, how you cfti make h) out, either from sacred or piophane History, that any Limited Kingdom now in the World ever had itsOriginal from those jptcsous.CohdefcensioDS, or Concessions of Princes, as you here mention: lor by all tRat ever I can read or observe, either from our own or foreign History, all the Liberties and Privileges, which Subjects enjoy at this day, proceeded ar fieft either from the original; Contracts, Customs, or Constitutions of those Kingdoms or Nations, al the first Institution of their Government; or else were forced from Princes by. their Subjects,; who would no longer endure the Severity of their Yoke; or else were granted by some of them, who believing they bad worse Titles than their Competitors to the Crown, were wiping to engage the People to their side, bv- gtaniiiag. them greater Privileges, than tliev h»fm -

... um gaming tnem greater Privileges than they be/ore enjoyed.

Ants tho'I grants the Reflections you make upon the Exercise of arbitrary Power, and the Miseries it brings both upon the Prince and Peopie, are very true; yet I am £ui»tihe Practice of most absolute Monarchs throughout the whole World hath run quite, contrary to your Suppositions. For Princes are so far (by whatl ever read emobserved) from being willing to #»/.with any of their Power, that they, have ftitt.cndeavoureilb.y degrees to enlargeits, and render it tnoie absolute thai it was lafe them; as you may observe in the .Government of France,Spain, Denmark, zrASoxden, in this last Age j and. what Encroachments were made in this Kingdom, by the Prerogative, upon the Peoples Liberties, during the: Reigns, of our iastjBrihces, he .is a Stranger to the Hits pry of the Country, that Kath nor read ofi, ifdw do not remember them; and how much higher they would have beai carried,- if t!*Mf strange and sudden Revolutson had not put a stop to it, I had rather you and-1 should understands Idea than by Expericrjce.

But i£soch.§ra(ue:S«flectionkas these of yours were abse.to work upon thesirst Monarchs, I desire to know the reason why those of Turkey, Persia, Russia, and the ^riumSxi^&csMMsracco, and of tte Jbistinss .(whOvsorc have .beep as wise as any you.am ratio)! Jhould not, in so many Ages as they have governed, see these ^conveniences, ,you mention, and restrain their exwbiunt Power within some moderate Limits j Nay, to die coatrary., one of the .most ambitiousan* .. * f* afpmng

aspiring Monarchs in Europe is making what haste he can to reduce his Kingdom into the fame Model. And what, do you think, would the Princes and Counsellors of these Empires fay to such a one as you or I, who should offer to preach this strange Doctrine to them, that they ought under pain of Damnation to use their Subjects as their Children, and not as Slaves or meer Vassals? I doubt they would make us pay dear for publishing such false Doctrine in their Dominions, or at least would despise us for half-witted Fellows, without any true Notions io Politicks; since they believe, that the true Security and Glory of a King consist in vast Standing Armies, great Fleets, and a Power to take from their Subjects and Neighbours whatever they please, thereby to enjoy their own Pleasures and Humours in all their Hearts can desire, and to extend their Empires {per fas &nefas) as far as ever their conquering Swofds will give them leave. And if you should tell them, that their Subjects could not love them, nor live happily nor contentedly under such a Government j I suppose their Answer would be (if they could speak Latin) Oderint dum metuant; or, in the Language of their own Country, that they would rather trust a Standing Army than the Affections of their People ; and that it is better to take from their Subjects what they have a mind to, than to leave it to their Good-will what they will give them. These are all the antient and modern Politicks that I can observe in most absolute Monarchies, or in those Kingdoms where Kings have taken upon them so to govern their Subjects at this day: But I defy you to shew me any one Kingdom in the World, where the People owe all their Liberties and Privileges meerly to the Good-will and Favour of their Princes, who granted them only out of those wise Considerations you have now mentioned.

But as for the Expedient at the latter end of your Speech, that these Privileges and Condescensions, when once granted by Kings to their Subjects, and pase'd into constant and standing Laws, and also solemnly sworn to by Princes at their Coro-; nation, do not only bind those Princes that granted them, but also their Successors, under pain of Damnation; I so far agree with you, tho' I must beg your Pardon, if I cannot think this a sufficient Security, for several Reasons I can give you at a more convenient Time, when I shall, when you please, more fully discuss this Point

M. I must freely tell you, Sir, I am not yet satisfied neither with the Instances you have brought, nor yet with your Replies to my Answers; and I think I can shew you, as to this Kingdom, that they are false in Matter of Fact. For if that the first and most antient Kingdoms and Monarchies began by Conquest at first, and that perhaps for the most part by Wars unjustly made, as I may also instance in England, if this were a proper Season for it; so that indeed the greatest Liberty in the World (if it be duly considered) is for a People to live under a PaternalMonarchy. It is the Magna Charta of this Kingdom, all other Shews or Pretexts of Liberty are but several Degrees of Slavery, and a Liberty only to destroy Liberty.

So that I think I may very well keep my first Opinion, that Paternal Government is the Foundation of all other; and I have ever thought God's Love and Kindness to Mankind did never appear in any thing more (except in Man's Redemption) than in creating only one Man, and out of him only one Woman: So that Adam was a kind of a Father to his Wife, that Marital, as well as all other Power, might be founded in Paternal JurisdiBion; that all Prince^ might look upon the meanest of their Subjects as their Children, and all Subjects upon their Prince as their common Father, and upon each other as the Children of one Man ; that Mankind might not only be united in one common Nature, but also be of one Blood, of one Family, and be habituated to the best of Governments from the very Infancy of the World.

Were this well considered, as there could be no Tyrants, so neither would there be any Traitors and Rebels j but both Prince and People would strive to outdo each other in the Offices of Love and Duty. And now do you or any Man living read Sir R. F.'s Patriarcha, or other Works, and fee if either he or I have ascribed one Dram of Power to Princes, which will not naturally spring from this Supreme Paternal Power. . ,. *

So that upon the whole, I think Reason it self would conclude, that this way of solving the first Rife of Government is true, and that it is the Duty of all, who by the Blessing of God are under Paternal Monarchies, to be very thankful for the Favour, and to do the utmost that in them lies to preserve and transmit that best

* Form

Form of Government to their Children after them. And surely thfa is no Nation under Heaven hath more Reason for this than the English, who are under a Paternal Monarchy, which has taken the best care that can be to secure them, not orHy from Oppression and Wrong, but from the very Fear of it.

F. Since you lay the chief stress of your Assertion upon the Original of most of the Kingdoms and Monarchies now in the World, and of our own in particular, I think I may safely join issue with you on both points, and in the first place affirm, that an unjust Conquest gives the Conqueror no Right to the Subjects Obedience, Much less over their Lives or Estates; and if our Norman WlUiam and his Successors had no more Right to the Crown ofEngland than meer Conquest, I doubt whether they might have been- driven out after the fame manner they came in: But I believe you will find, upon second thoughts, that unjust Conquests and Uftrpatsons of Crowns be no firm Titles for Princes to relie on; lest the old English Proverb be turned upon you, viz. 7%at "which is Sauce fora Goose is Sauce for a Gander. But I shall defer this Discourse concerning Titles by Conquest, and in particular that of our Kings to this Kingdom, to some other time; when I doubt not but to shew, that it is not only false in Matter of Fact, but also that it win not prove that for which it is brought.

A»d therefore what you fay in your Conclusion, in exaltation of God's. Love and Kindness to Mankind, in creating one Man, and out of him only one Woman, that Adam might be a kind of Father to his Wise, is a very pretty and indeed singular Notion; and you would do very well to move the Convocation, next time it sits, that this Explanation may be added to the fifth Commandment, that Women may be taught in the Catechism, that Obedience to Husbands is due by the Precept of Honour thy Fattier and thy Motheri

And therefore I need give no other Answer to all the rest you have said : For ■however specious the Hypothesismay seem (as you have dress'd it up) for Princes and People ,• yet till you have proved, that all Paternal Power is Monarchical, and that all Monarchical Povxr is derived from Fatherhood, it signifies nothing.

'Nor can these fix Fraudes do any more good in Politicks than Religion: For as Superstition can never serve to advance the true Worfhip of God, "but by creating false Notions of the Dkiine Nature in Mens Minds, which doth not render it, as it ought to be, the Object of their Love and Reverence, but servile Fear; so I suppose this asserting of such an unlimited deffotical Povxr in all Monarchs, and such an entire Subjection as Sir R. F. and you your self exact from Subjects, can produce nothing but a slavish Dread, without that Esteem and Affection for their Prince's Person and Government, which is so necessary for the Quiet of Princes, and which they may always have, whilst they think themselves obliged in Conscience and Honour to protect their Lives and Fortunes from Slavery and Oppression, according to the just and known Laws of the Kingdom, and not to dispense with them in great and essential Points, without the Consent of those who have a hand in the making os them: And all false Notions of this Suf,-eme Povxi; as derived from I know not what Fatherly (but indeed Defpotick) Power, are so far from settling in Peoples Minds a sober and rational Obedience to Government, that tfoey rather make them desperate, and careless who is their Master; since, let what Change will come, they can expect no better than to be Slaves.

Nor are Subjects put in a better condition by this Doctrine of absolute Nonresistance, since all Princes are not of so generous a nature, as not to tyrannize and insult the more over those, whom they suppose will not, or else dare not resist them ; and therefore I cannot see how such a Submission can soften the Hearts of the most cruel Princes in the World, as you suppose } much left how a Power to Wfift in some cases can enrage the mildest Princes to their Peoples Ruin ; since all Resistance of sirch mild and merciful Princes I grant to be utterly unlawful: Nor do I hold Resistance ever to be practised, but where the People are already ruined mjheir Liberties and Fortunes, or arc just at the brink of it, and have no other Means left but that to avoid it. - • '■>

To conclude,' J so far agree with you, that I think it is the Duty of all.that are born under a Kingly Governmentlimited by Laws, to be very thankful to God Vk *?avour> ant*to do the utmost that in them lies to preserve and transmit this best Form.of Government to their Children after them; without maintaining A A uI"ntc,1'gible Fictions as a Paternal Monarchy derived from Adam or Noah, And tho' I own that some of our former Kings have taken- the best care they could

v to secure thisNation from Popery and Arbitrary Power; yet whether the Method f>£ our three last Kings has been the readiest way to secure us from the Fears of it, I leave it to your own Conscience (if you are a Protestant) to judge.

But since you defy me to shew you out of Sir R. F's Patriarchs that he hath ascribed one Dram of Power to Princes, which doth not naturally arise from a Supreme Paternal Power, and that this is no exorbitant Height; I think I am. able to prove from many Passages in his Patriarcha, as well as other Works, that no Author hath made bolder Assertions to render all Mankind Slaves, instead of Subjects; and all Princes Tyrants, instead of Kings; and that his Principles are so far from being safe, that if they are duly losok'd into and weighed, they will prove destructive as well to the Rights ot PrisiOft?, as to the Liberties of the People. • yf.->; r «

M. I should be very glad to fee that proved; for 1 must always believe, 'till you shew me to the contrary, that this excellent Author lays it down for a Ground, that Princes, being as Fathers to their People, are bound to treat their Subjects as Children, and not as-Slaves: And therefore waving this last Controversy, which we have argued as far as it will go ,• pray make, out what you fay from his own Words, and I will give up the Cause.

F. I wonder how you can be so partially blind as not to fee this, since you yourself have already made use not only of a great deal of his Doctrines, but also of his very Words. And therefore, pray fee his Obedience to Government in doubtful Times; as also in his Preface to the Observations upon Aristotle's Po'F<>ge 4. liticks; where you will find he asserts, That Adam was the Father, King and Lord over his Family; a Son, a Subject, anda Servant, or a Slave, were one and the fame thing at first : "The Father had power to dispose of, or fell hisChildren^ or Servants. "Whence we find, that at the first reckoning of Goods in. Scripture, the Man"servant, and the Maid-servant are numbered among the Possessions^ and Sub*"stance of the Owner, as other Goods were." So that then, if the Power of a Father, and of a Monarch be all one, and that all Monarchical Power is Defpotical,the Consequence is also as evident, that all Subjects*are also naturally Slaves, un* less their Princes shall please to lay an easier Yoke upon them.

M. Perhaps Sir R. F. may have carried, this Matter a little too far; yet. if you please.to look into hisPatriarcha, Chap. j; Part 1. you will find that he hath this Passage, which plainly speaks the contrary: 'TheFather of a Family governs by no other Law, than by his own Will, not by the Laws and Wills of his Sons andServants. 'There is no Nation that allows Children any Action, or Remedy, for being unjustly governed; and yet forall this, every Father is bound by the Law of Nature to do his best for the preservation of his Family; but muchmore is a King always tied by the fame Law of Nature to keep this general Ground, That the Safety of hisKingdom be his chief Law. Whence you may observe, that though he takes away all Remedy from Children against their Parents for being ill governed, yet doth he not set the Father free from all Obligation to preserve the Good of his Family, of which sure a Man's Children are a principal part. 'y; i

And if you please to look back to the second Chapter of his Patriarcha, you will find these Words: To answer inparticular to the first Text, it may be said the Sense of these Words, By the Law of Nature all Men are born fret,must needs mean a Freedom only that is opposite to such a Subjection as is between Father and Son. This is mademanifest by the Text of the Lay*: For Ulpian in this place fpeaketh only of Manumission, which is a setting atLiberty of Servants from Servitude, and not of Emancipation, which is. the freeing of Children from the FathersTuition. Servitude, as the Law teacheth, U a Constitution of the Law of Nations, by which a Man_ is subject to theDominion of any other Man against Nature. So not every Subjection is Servitude, but Subjection contrary to theLaw of Nature. Tet every Man if born subject to,the Power of a Father. This? the Law itself faith, In Potefiatenosira Libert nosiri fum\ . So that you see here he maketh a difference between Servitude, and that Subjection thatis.due to Fathers. [ i

F. Give me leave to answer these two Instances; before you .proceed any farther; and I stiall in the first place make bold to answer your last Instance first, because I shall be much snorter upon it. But pray take notice by the way, that this Author is very high and rigorous for the absolute Power of Life and Death in all Fathers over their Children in the State of Nature, and that they may \ exercise it for very flight Ossences; And therefore, in this Chapter you have last quoted, he seems very well satisfied with the Example of Cajfim, who threw his


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Son out of tlx Consistory for publishing the Agrarian Law, for the Division of Lands; aud 1 think this was no such great Crime, for which a Father might justifie the putting his Son to Death. And in the Section before this, he justisieth the Power of Fathers amongst the Romans, as being ratified and amplified by the Law of the pixhttTables, enabling Parehts to fell their Children two cr three times ever. So that these things considered, I cannot fee how this Distinction of Sir R. F. out of the Civil Law will do him any service. For though I grant indeed, thatManumission, and Emancipation, arc two different Words, yet do they both signifie the fame thing. And though for the greater respect which they would sliew to the Condition of Children above rhat cf Slaves, they were pleased to make use of different Expressions; yet whoever will look more closely into the Nature of the Subjection that Children were in, under their Parents, by the Roman Law, will find, that the Condition cf Children was r.o better than that of Slaves. For First, The Father had such an absolute Power over the Person of the Son, that he could sell him three times, whereas he could fell a Slave but once. Secondly, He had such anabsolute Power over his Life, that he could take_ it away whenever he pleased. Lastly, A Son could hate no Property in any Gocds without his Father's Consent, 'till he was emancipated, or made free: So that if his Father were harsh and ill-natured, the Condition of a Son was worse than that of a Slave, as long as his Father lived.

And therefore, I am still of the Opinion of the antient Civil Lawyers, who assert the natural Freedom cf Mankind, according to the Maxim you have now cited. And they acknowledge, that the Servitude, or absolute Subjection ofChildren to their Fathers, was not by the Law of Mature, but by the Civil or Roman taw, peculiar to themselves, as I have already proved at our last Meeting.

But to come to your first Quotation, whereby you would clear Sir R. F. from maintaining any unjust Severity in Fathers, or Tyranny in Princes, because they are both to endeavour the common Good of their Families and Kingdoms. 'Tis very true he fays so; but of this Common Good they themselves are the file Judges. So that if the Father please to sell one or two of his Chileren, whom he least loveth, to provide Portions for the rest, he may lawfully do it for any thing I fee to the contrary. So likewise immediately after he asserts the Superiority os' all Princes above Laws, because there were Kings long before there were any Laws. And all the next Paragraph is(wholly spent in proving the unlimited Jurisdiction of Kings above Laws; as it is described by Samuel, when theIsraelites desired a King: So that it signifies little what Laws Princes make, or what Privileges they grant their Subjects, since they may alter them, or abrogate them whenever they please.

As. But pray take along with you what he says in the next Paragraph you quote; where you may fee these Words; if is there evidently jhewed, that the Scope if Samuel was to teach the People a dutiful Obedience to theirKing, even in those things which themselves did esteem mifchiev.us and inconvenient: For by telling them what aKing ■would do, he indeed instructs them what a Subject must suffer; yet not so, as that it is right for Kings to doinjury, but it is right for them to go unpunished by the People if they do itSa that in this point it is all one,whether Samuel describe a King or a Tyrant; for pa*' tient Obedience is due to both: No Remedy in the Textagainst Tyrants, but in crying and fraying unto God in that Day. And that Sir R. F. is very far from justifying Kings in the unnecessary Breach of their Laws, may farther appear by what he fays, t ap. 3. part 6. of this Treatise ; where pray fee this Passage. Now albeit Kings •who make the Laws, be (as King James teacheth m)above the Laws, yet will they rule jlxir Subjects by the Laws; and a King governing in a settled Kingdom, leavesto be a King, and degenerateth into a Tyrant, Jo soon as he leaves to rule according to his Lfiws; jet where he feesthe Laws rigorem, or doubtful, lx may mitigate and interpret them. So that you see here he leaves the King no Power or Prerogative above the Laws, but what shall be directed, and employed for the general Good of the Kingdom.

F. But pray, Sir, read on a little farther, and see if he doth not again undo all that he hath before so speciously laid down; and if you will nor read it, I will: General Laws made in Parliament, may, upon known respects to theKing, by his Authority, be 'mitigated, or suspended upon Causes only known to him. And although a King doframe all his Aliions to be according to the Laws, yet he is not bound ther eto, but at his good IVtll, and for goedExample: Or so far forth as the General Law of tlx Safety of

N 1'* the the Commonweal doth naturally bind him ; for in such sort only, positive Laws may be said to bindthe King, not by being positive, but as they are naturally the best, or only means for the preservation os theCommonwealth.

So that if the King have this Prerogative of mitigating, interpreting, and suspending all Laws, in Cafes only known to himself, and that he is not bound to the Laws but at his own good Will, and for good Example. I desire to know what greater Prerogative a King can desire, than to suspend the Execution of any Law, as often as he shall think fit. For though I grant the Suspension of a Law differs from the Abrogation of it, because the former only takes away the force of it in this or that particular cafe, whereas the latter wholly annuls the Law; yet if this Suspension be general, and in every case, where the Law is to take effect, it amounts to the fame thing with an Abrogation of it; as may be plainly seen in the late"King's Dispensing Power. For though it be true he pretended to no more, than to dispense with this, or that Person, who mould undertake a publick Employment, eitherMilitary ot Civil, without taking the Oaths and Test ; yet since he granted this Dispensation generally to all Papjsts, and others that would transgress this Law, it amounted to the fame thing, during his Pleasure, as anabsolute Abrogation of it. And therefore I do very much wonder why divers, who arevery zealous for the Churchof England, and the Kings Prerogative, should be so angry with him for erecting that Power, which not only this Author, but all others of his Principles have placed in him: And if the King may suspend this, and all other Laws, upon Causes only known to him, I do not see how he differs from being as absolute and arbitrary a Monarch, as the Great Turk himself ,• and may, when he pleases, notwithstanding all Laws to the contrary, take away Mens Lives without any due Fotms of Law, and raise Taxes without Consent of Par" UameHt.

M. But pray read on a little farther, and you will find that he very much restrains this absolute Power, in these Words: By this means are all Kings, even Tyrants and Conquerors, bound to preserve the Laws, Geods, Libertiesand Lives of all their Subjects, not by any Municipal Law of the Land, but by the Natural Law of a Father^•which binds them to ratifie the AEls 'of their Forefathers and Predecessors in things necessary for the publickGood of their Subjetls.

F. Were I a Monarch limited by Laws, I would desire no greater a Power over them than this you have here brought out of this Author. For he {a.ys,positive Laws do not bind the King, but as they are tlx best or only meansfor tlx preservation of the Commonwealth. In the next place you see that all Kings are bound to preserve the Lives and Estates of their Subjects, not by any Municipal Lmo of the Land, but by the Natural Law of a Father, which binds them to ratifie the Acts of their Predecessors in things necessary for the publick Good of their Subjects. Now this Paternal Power is large enough of all Conscience to discharge Princes< fuertft any Obligation to the Laws farther than they please.. For it before appears, fhat the Father of a Family governs by no other Law than by his own Will, and not by the Laws and Wills of his Sons or Servants ,• therefore if the Power of the King be wholly Paternal, he may alter this Will of his as often as he pleases: Nor can his Subjects, who are all one with Sons and Servants, have any reason ttf fi#d fault with it. For he says, There is no Nation that allows Children anyRemedy for being unjustly governed. And though it be true, that he restrains this Prerogative both in Fathers and Kings to the publick Good of their Children and Subjects; yet as long as he is left the sole and uncontroulable Judge of what is for the publick Good, all these fine Pretences will signifie nothing. For he is bound to observe or ratifie no Laws or Acts of his Predecessors, but what he is satisfied tend to this End®: So that if he thinks fit to judge, that Magna Charta, for Example, or trie Statute de Tallagio non concedendo, or any Liberty we enjoy, are not necessary, or contrary to the common Good, he is not tied to observe them. And upon this Principle it was that the Judges in the Reign of King Charles the First founded the King's Prerogative for Ship-money: For they supposed that the King, in case of necessity, (that is, for the publick Good of the Subjects) might lay a Tax upon the Kingdom, though without Consent of Parliament. So that upon this Pretence the King being the sole Judge of the Necessity, -he might quickly have raised what Taxes, and as often as he had pleased.

But, lest our Kings should think themselves too strictly bound by their Coronation Oaths, to observe the Laws, pray see in the ne*t Paragraph how this Author

endeavours endeavours to help the King to creep out of that Obligation too. Therefore pray read on. Others therebe" that affirm, that although Laws of themselves do not bind Kings, yet the Oaths of Kings;■ at theirCoronations, tie them to keep all the Lavas of their Kingdoms : flow far this isjriie, let ws but examine the "Oathsof the Kings of England at their Coronation: 'The Hoards "whereof are these \ "Art thou pleased to cause to be

* administred inJ ill thyv Judgments indifferent and upright Justice, and to use ^/Discretion ^vfth Mercy'? \Art thou pleased that oyr upright Laws and Customs ^'1be observes ; and<!oft thou promise, that these shall be protected and main

tamed by tjhee "These Two are ihk Articles of the King's Oath, which concern the jjtiii'y,or Suty&Pfy 'general y towhich "she "King answers' affirmatively; being first dernandidbythe'Archbishop of Canterbury i *' Pleascth it, you to confirm, and observe « the Laws and'Custbras of ancient Tfikes granted from God, by just and de

* vmt iCings* tirjto the English Nationy Oath ursto the said People, especially k~'\&€ £Ws,' Liberties aflirCustoms granted untb the Clergy, and Laity, by the ^•'ptnous King fywkr&V^'Wk may observe in these Wordsof the Articles of the Oath, ^'t^'kh^'itfMMred'w iriMJfa&e all the Lavs, but dnly the upright, and that withdiscretion and Wrcy. The <NWbr4 upright cannot meah all Laws, because in the Qath of Richard the Second, I.find evil and unjust Laws mentioned, which the Kihg f^ear^ \oJiBolifh: Ahfl in/the ofd Abridgment of Statutes set forth in King Hen'ry the Eiihihh 'L^v/s, tfie'Kirig is to swear wholly to put out evil Laws, which £ cinno'f fef tie be bdtir/d tbM%m'J"' "f~l . ';^6vs Wh'arÆSws are ttpfigit,' arfef what £w7„Whb shall judge but the King? Imce. hfe ' f\^&rS-4o administer upright Jit/hce with Discretion and Mercy; or (as

tiqilitaieht 'hrœtipiat, tr misericordiam. So that in effect the King doth so keep but filth hi. /« A» Judgment areupright, and those not literally al

W^Httt accoidlhgJto the Equity of'hisConscience, joined with I'

\t accitidmg'to the Equity of' his Conscience, joined with Merty, which is properly  .-M $gVbaticel/or 'ratherthan of xi Judge. And if a King did stritlly swear to Af^ve^ l&tdw'i^ He -cph&m, without; Perjury, give hisConsent to the Repealing or Abrogating ^'^y'Sif^uteb^AEl of Parliament, which would be very mischievom to the

* \pui )et it tesupposed for Tttfth, ihat Kings do swear to observe all the Laws of their jCtttgdmsi yA^man can]think it reason, that Kings should be more bound by their voluniary Oaths, 'tpa% common Persons are by theirs.Now if a private Person make a Contrail 'ttttet with vith? )pr withklt O'ath, he is. no farther bound than the Equityand Justice of the ContractYiel 'hint ; sol- a Mjttn mdy have 'Relief against an unreasonable and unjust Promise,is. either^ Deceit ot Eftbr, Force or'Fear induced him thereunto; or if it be hurtful)oy[grievdttf fit sheperforntapee.' Since the Laws in many Cafes give the King a Prerogative above iomf/tOh persons,'' Tfee no reasonwhy he should be denied the Privilege which the meanest ofhi:t $#bjeEts dotfreWty'l/,"8l'1: 37

^"neeaLnOt'/make any jewg Paraphrase' upon these Words : It is sufficient that

T' ~ Vtff what.Laws ziH upright, and what unjust; and

teases shall be observetr, :knd what riot So that no so just, #rid'necessary by the Parliament at the time of. leaking ^ jf he "thinks fit afterwards to judge.

Otherwise. . ^Wlest;this should not be sufficient, he'hath found t>ut another way whereby Prinzes'feiay absolve themselves of this tf oublesome Obligation of Oaths; and therefore he'Wouidha've them no more bound upthan common Persons, who, because they maty have Relief in publick Courts of Justice, against an unjust Promise; ifeither E^rror, Deceit, Force, or Fear, induced them thereunto; nay more, if it hp ljjsnful orgrievom in theperformance; Kings who have a Prerogative above common Persons, and who acknowledge no Tribunal above themselves, may absolve themselves of We'if'Oaths whenever they think good; by faying it was extorted from them" by Deceit; Force, or Fear : Or if they cannot fatisrie themselves without it, they might have had formerly the Popes's Dispensation for Money, which we read Kihg.Jotn, and Henry the "Third obtained to be absolved of the Oaths they had taken \to observe Magna Charta. But this Author hath found out a ihorter cut, and'iiath made Kings both Judges an'd PartieSj ahd. to absolve themselves by a Fundamental Right of Government. And what hath proved'the Conclusion of such Prinecs who have taken this Author's Liberty of - breaking their CoronationOath at/their pleasure? It hathonly taughttheir Subjects to imitate their fexample, "ajid to maUe a$, light of theirOath of Allegiance,


M. I will not deny, but perhaps Sir /J. F. may have carried the Prerogative in this Point a little too far; yet that he meant honestly towards the Commonweal in all this, I pray fee the 8th Section of this Chapter, where you'll find these Words; Many -will be ready to say, it is astavijb and dangerous Condition to be fubjeil to the Hallos any one Man, -who is not fubjetito the Laws: But such Men consider not, I. .' That the Prerogative of a King is to be above all Laws, for the goodonly of them wha are under the Laws, and to defend the People's Liberties, as his Majesty graciousty affirmed * inhis Speech, after his last Answer to the Petition of Right; howsoever, some are afraid

of the Name of Prerogative; yet they may assure themselves, the Case of Subjects would be desperately miserablewithout it. So that you fee here he asserts no Prerogative in the King to be above all Laws, but only for the good of the People, and todeV fend their Liberties; which I think is a sufficient restraint of Prerogative.

F. But read a little lower, and the People will have no such great cause to thank him, as you may fee by these Words: In all Aristocracies the Nobles are above the \ Laws; and in all Democracies, the People. By the likereason, in a Monarchy the King

must os necessity be above the Laws; there can be no Sovereign Majesty in him that is under them; thai whichgives the very Being to a King, is the. Power to give Laws; without this Power he is but an Equivocal King. ', , i And most part of what follows in this Treatise, is only to prove, that the Parliament, or Assembly of Estates, was a Creature wholly of the King's Creation, and consequently, that he alone makes the Laws in it: And he hath also written a. whole Treatise, called The Freeholders Grand Inquest, to prove that it is the King's;' Authority alone that makes the Laws; and therefore that he can interpret and dispense with them at his pleasure, So that RichardII, . had this Author liv'd in his time, might have made him a Judge as well us TresiUian ana Belkrap, since they all maintain'd the fame Principles. But, lest we should mistake him, fee what he fays at the Conclusion of this Treatise: For the confirmation of this Point, Aristotle faith, That a perfetl Kingdom is that wherein the King rulesall things according to his own Will; for he that is called a King according to the Law, makes no kind of Kingdomat all. This, it seems, also the Romans well understood to be most necessary in a Monarchy; for tho they were aPeople most greedy of Liberty, yet the Senate did free 'Augustus from all necestity of Laws, that he might be freeof his own Authority, and of absolute Power over himself, and over the Laws, to do what he pleased, and leaveundone what he list; and this Decree was made while Augustus was yet absent. Accordingly, we r find thatUlpian, the great Lawyer, delivers it for a Rule of the Civil Law, Prin

ceps Legibmfolutm est, The Prince is not bound by the Laws. .

So that upon these Principles, all Kings are not only discharged from the Penalty, but also the very Obligationof observing Laws, farther than they shall think » fit. And indeed, this Author carries this Prerogative beyond what the most mo

derate Roman Emperors ever pretended to, as I can easily show you from your own L Civil Law Books; and therefore pray reach me down your Volume of the Code, and

L. 3. lib. 6. t. fee here what the Emperor declares on this Matter De Testamentis. Ex imperfeilo 23- TestamentonecImperatorem hareditatem vindicare posse, sape constitutum est, licet enim Lex

Imperii Solemn bm juris Imperatoremfolverit; Nihil tamen tarn proprium Imperii est, quant C. de letTilusLegibm vivere. See likewise in the Theodosian Cede these words: Digna vox est Ma/. 4. lib. 1.1. jestateRegnantis, Legibm aUigatum fe Principis profiteri, adeo de Authoritate juris, nostra J4" pendet Authoritas, & revera majus Imperio est fubmittere Legibm Principatum, & ora

culo prafentis Editli quod nobis licerenon patimur, aliis indicamm, (viz. Succesforibm Iheodosio& Valentino.)

So that you may here fee, that even the Roman Emperors were more modest, than to declare themselves discharged by their Prerogative, or thought of any of these subtle distinctions of this Author, from their obligation to the Laws, however they were from the Penalty; which is the true Sense of this Phrase of beingLegibm folutm.

But God be thanked, most of our own Kings have been more conscientious, than to maintain that they were not bound by their Coronation Oath farther than they Rajlat, s. 99. pleased. For you may see in the Preamble to theStatute of Provisors, made in the 25 th of Edward III, where it is declared and acknowledged by the King himself, and both Houses of Parliament, that the Right of the Crown of England, and the Law of the Realm issuch, that upon the Mischiefs and Damages which happen to the / Realm, he ought, and was bound of his said People in his Parliament thereof, to

make Remedy, and Law, in voiding the Mischiefs which come thereof; And the . \r * King King seeing theMischiefs and Damage aforesaid, and having regard to the laid Statute (scil. the former Statute of Provisors) he here farther acknowledges, that he is bound by his Oath to do the fame to be kept, as the Law of his Realm, tho' by sufferance and negligence, it hath been hitherto attempted to the contrary.


So likewise, King Henry IV. declares in full Parliament (as appears by the Par- Pot. Par!. H. liament Roll) That whereas the Commons in Parliament had granted, that the xv. *■ 108. King should be in as great Liberty as any of his Noble Progenitors; on which our j#?ourMar~ laid Lord of his Royal Grace, and tender Conscience, had granted in full Parlia- "yu ment, that it is not his intent, nor will he alter the Laws, Statutes and good Usages, nor take any Advantages by the said Grant ,• but will keep the ancient Laws and Statutes ordained and used in the times of his Noble Progenitors, and do Right to all People in Mercy and Truth Selonc son Serment, i. e. according to his Coronation Oath.

M. J will not affirm, but Sir R. F. observing how much the King's Prerogative was run down by the long Parliament; and how the least flips and miscarriages in Government were aggravated by the Demogogues that then domineered, as open and violent breaches of his Coronation Oath, might be willing to make the best defence he could for such Miscarriages,- and this Treatise of Patriarcha, being a Posthumous piece^ perhaps he would have altered many things in it, had he lived to publish it himself; but I doubt not, but he was a very honest Man, and meant well to the Kingdom for all that. And therefore I hope you will not be too rigorous in your Censure of him.

F. 1'U assure you, Sir, I shall not, because he hath been dead many Years, and therefore I had much rather censure his Writings, than his Person, which I never knew. But, if I may judge from his Works, he was certainly no Friend to Parliaments, or the Power of the LaWs ab6ve the Prerogative: But that I may also shew you how dangerous and derogatory his Opinions likewise are to the Titles of all Sovereign Princes and Monarchs now in the Worlds however he may seem to write in their defence, pray turn to his Patr. chap. i. par. $>, and to a Question, What becomes of the Right of Fatherhood, incase the Crown escheat for want of an Heir; he thus replies, which pray read, It is but the Negligence or Ignorance of the People to lose the knowledge of the trueHeir: For an Heir there always is; if Adam himself were still living, and now ready to die, it is certain, there isone Alan, and but one in the World, who is next Heir, although the knowledge who should be that one Man bequite lost. The which he likewise repeats to the fame effect, in his Treatise of the Anarchy of a limited or mixed Monarchy. Pray see the place, and read these Words: It is a truth undeniable, that there cannot be a Multi- Mi feel. p. tude of Men whatsoever, either great or small, though gathered together from the several17 3Comers, andremotest Regions in the World; but that in the fame Multitude considered by itself, there is one Man amongstthem, that in Nature hath a Right to be the Ring of all the rest, as being the next Heir to Adam, and the othersubject unto him; every Man by Nature is a King, or a Subject. So that I think no Kings in the World being aWe to deduce their Pedigree from Adam (of whom there can be but one right Heir) they all (or at least all but one) are only Kings dt FaEio, and not de Jure, and Usurpers upon this Heir of Adam. So that if God would but be pleased to reveal who this next Heir is, all the Kings of the Earth were bound in Conscience to lay their Crowns at his Feet; though he were but a Cobler or a Linkboy. How ridiculous a Notion this is, I leave it to any indifferent Man to judge.

M. I hope this Opinion is like to have no very ill effect, unless any Prince, by ■virtue of this Title of Adamsright Heir, should pretend a Right to an universal Monarchy; and then I think it were but reasonable, he should be put to make out his Title; but seeing no body doth so, to the best of my knowledge, it is but reasonable that all Princes should in the mean time enjoy what they are in lawful Possession of, till this Heir of Adam hath made out his Title, and then they may consider farther of it. , .. .

P. And it is very well, that this right Heir is not to be found; for if he were, all Princes would be Usurpers, who did not immediately resign to him. But this Doctrine is of more fatal consequence than you imagine ; for it doth not only concern Princes in respect oiAdams right Heir only, but also of any other right Heirs to Princes, who have lost their Right to a Crown never.so many Ages ago: For lookv into his Directions for Obedience in doubtful times, and read this Passage : By Humane positive Laws, a Possession time out of mind takes away, orbars a former Right, »


{94}

avoid a general Mischief'of hinging all Right into a & imputation not decide able by Proof, and consequently, tothe overthrow of all Civil Government, in Grants, Gifts, hnd 'Con^ trails between Man and Man.; but in Gruntsand Gifis}'<that have their'Original from God or Nature, {as the Power of a Father hath) nofafeHeV Power ofMan can limit', nor make any Law of Prescription against them. Upon this^grouhU iibuilt that Nullum tempus occurrit Regi, no time bars a King. And a litrl^befopej he gives us this reasort of it: For tbo'by humane Laws a long Prescription-may take away Right I'.yei a. divine Right never dies, nor can be lost Or taktti away. By1 which Principle^ he renders the Titles of most (if not ali) of the" Princes of Europe'utthis day Very weak and disputable, whenever arly- other Person shall set'up-a Tftlcagainil them. - :-3 - '•;•>«" ' : 1 1

.. M. But Sir R. F. hath found a very good Expedient for this; for he telfe a^ 'iti the last cited Discourse, thatthe Paternal.Power cannot be loft, th'o' it may eiiher be fag. 27;. transferred to- usurped; and in his Anarchy of a limited Monarchy, he thus more at large expresses it. Many times, by the AB either- of' a Usurper himself ] or 0}those that set him up, the true Heir of a Crown is difphjfeffed, God' ujing the Minist ry of the "wickedest Man forthe removing and setting up of '* Kings;' in such cafes, the SubjeBs Obedience to the Fatherly Power must goalong, -and waif upon God's Ptovidence, who only hath rfahi-d give and take away Kingdoms, and thereby toadopt-Subjects into il>e Obedience of 'ahtiher Fatherly Power. And lastly; in his Discourse of ObedieVce, &c. hemorecleaflysctfleth this Point, in answer ro an Objection there made; that most Kings now in th8 World, have no other Titles to their Crowns but Conquest or Usurpation ? 'Hi replieth, "that tho' all Kings were Usurpers, yetstill the first Usurperhath thebefi "Rtle, being in Possession by the Permission of God; and where an Usurper hathcontinued-fe :Mg\ that the knowledge of the right Heir is lost by t/x SubjeBs; in such case the Usurper inPossession is to be taken and reputed by such SubjeBs for the true Heir, and is to be'cbeydby them as their Father.And I think you your self will not deny, but that Kingdoms may be transserred from one Prince to another by Conquest, or along Usurpation; and that when there is no other better Title extant, the King in Possession', of his Heirs, may have a good Title by a long PoUession, tho' it began by Usurpation at first. no v , .'/si" ;: ;'iir!j \\ w.

F. I have not now time to answer all that your Author hath as falfly, 'ds incoherently said concerning this Subject of Usurpation ;'*and I should be glad to heat you, or any Man else that will undertake to defend him, make him him consistent, not only with reason, but with himself, in this Discourse you'quote, concerning Obedience to Government in doubtful times. For to pass by his unintelligible . Notion, of supposing two supreme Paternal Powers subsisting at once, and-each of them laying claim to the Obedience and Submission of the Subjects, the former that of the Usurper, Who being in Possession of the Crown by the permissive Will of God,who hath thought fit to adopt the SubjeBs into a Fatherly Power; and the latter, that. Paternal Right which he supposes still 'to remain in the expulsed Prince, and his Heirs for ever. By which means the Allegiance of the Subjects is so divided and perplex'd, that they can never be able to tell, when the Allegiance to the tight Heir is to take place before that of the Usurper. - '• 

M. But if you had been pleased better to observe this Discourse, you would find that Sir R^F. hath very well obviated this Objection, as appears by-these ILidp. 68. Words. "The Right of Fatherly Government was ordainedby God for the preservation of Mankind; if it be usurped, the Usurper may be so far obeyed, as may tend to thepreservation oj the SubjeBs, who may thereby be enabled to perform their-  Duty to the hue and right Sovereign,when time shallserve; in such cases to obey an Usurper, is properly to obey the first and right Governor, who mustbe presumed to desire the safety of his SubjeBs. "The Command of an Usurper is not to be obeyed in any thingtending to the DefbuBion of the Governor, whose being in the first place is to be looked after. '' vi.^oi. ■. .-jb This is, I confess, a very pretty Distinction, to make the Usurper, wKb^go* verns whether the right Heir will or no, yet to do it by his Consent, and- AMI the Subjects, when they act thus, do but still obey their rightful Governor," wSch Supposition would be contradictory to what your Author hath already laid^&wrt of the Subjects being adopted into the Obedience of;another Fatherly" Powetfb^tih* Usurpation ; for if it be as he now makes it, they still remain under the Fatefnal Power of the former Prince,, .and the Usurper governs only as his "Deputy; which is a very choice refined Notion, by which all Men had been obliged in Conscience to yield as Kill Obedience toCromwell and the Rump, in all things that did noite/fd to *•..•»' "the tbt Destruction of the late Kings Person, as to him himself; which I suppose you high Royalists will by no means admit of.

But this is not the main Matter that I have to except against; for if the Principles I have read out of that Treatise be true, "That the Right of a lawful Monarch and his right Heir, is a divine Right; and that no length of time orprescription can bar it; because a divine Right never dies, can be lost, or taken away, till the knowledge of theright Heir be loft by all the Subjects; and till which time Usurpers and their Heirs can never acquire an'abfolute and indefeasible Right in the Kingdoms they possess; it will certainly follow that the Title that most Princes of Christendom have to their Crowns, will be hereby rendered disputable and uncertain-: For since this Author acknowledges, that the Titles of most Kings at this Day begun by unjust Conquests or Usurpations at first ; the right Heirs of many of which expulsed or deposed Princes are still, or were lately in being j they might upon this pretence make War upon the Prince in Possession and his Heirs, to the World's end : And tho' I grant, he fays, that an Usurper is to be fully obeyed, when the knowledge of the right Heir is lost by all the Subjects, it is extreamly uncertain and doubtful what he means by it; for if he means a personal Knowledge, sew ordinary Subjects, but those that have personally known all the Royal Family, can thus know who was the right Heir; and so consequently, as soon as ever his Father or Ancestor that held the Throne is turned out, or dead, few private Subjects can have any personal Knowledge of this Heir. But if he means a Moral or Traditional Knowledge, such as is conveyed down to Posterity by History j Authentick Records, or Genealogies; I know not how such a Knowledge can ever be said to be lost, as long as such Histories or Memorials remain in being: And that this is so, is apparent, many Princes in Europe having -upon this ground better Right to the Crowns of some Neighbouring Kingdoms, than those that wear them : And we know that by virtue of such an old Title from Charles the Great,the King of France looks upon himself to have a good Title' to Aljaiia, Flanders, and all the Low Countries, and as much o( Germany as he can get: S\) that I will leave it to your self to judge, whether these Principles do not only render the Titles of 'most Princes doubtful and uncertain, but the Subjects Allegiance too. ■■•■v.. - .'

M. I cannot deny, but Sir R. F. may have carried this Point of Obedience and Submission to Usurpers, and of a concurrent Right in the lawful Monarch and his Heirs, a little too far. For I think it were much better to suppose with Grotius and other Writers, that after the third Generation, or Succession of the Crown in the Family of the Usurper, they may have a good and perfect Title to their Crowns, against the right Heirs of the lawful Monarch; (and this I take to be highly reasonable for the Peace and Welfare of Mankind) than that they should be always divided in their Allegiance between two opposite Princes; but till then> I suppose the Subjects are bound to assist, and stand for the lawsol Heir and his Posterity, as far as is possible, without their own apparent Destruction.

F. I confess this Supposition is much, more reasonable than the former; but I (hould be glad to know by what Law of God or Nature, the peaceable possession of a Crown, by an Usurper and his Heirs, just for three Generations or Successions, should give a Prince a better Title than three or four Years Possession ; for God may have declared his Will as sufficiently in that time, as in three or four hundred: And if your Reason be good, that it is for the Peace and Safety of Mankind, that the Title of the right Heir should be lost and extinct after such a time; * I cannot see why it should not be more for the good of Mankind, that their Allegiance sliould be settled and ascertained in a far less space, that is, as soon as the Conqucrer or Usurper is quietly settled in the Throne, and hath received the Consent or Submission of all the Subjects, But. I do not desire at present to enter' any farther into this knotty Dispute about Conquest or Usurpations, but I rather desire to refer it to our next meeting.

M. Well, since you will have it so, I yield to it; but in the mean time I cannot but smile at your great partiality to the People, who upon yo.-.r Principles, if they lave but once given their Consent to the Usurper, he flull presently have as good a Title as the most rightful Monarch in the World : So that Cromwell having had wisConsent of the'People m his MockrParliament, had as good a Title as King Charles II. 5>o that notwithstanding whatever you may pretend to the contrary, you are no »ch Enemy to Usurpers, as you would make your self: But however, you

have

"ith the highest Tyranny and Cruelty, 11 y Slaves to such a Con

witn inc b v rrintinue absolute buDjects, "<*/ mmurcrs be




ready given: Nor can it be the Usurpation or Acquisition or Hi* * ... . - . a Family; for then the Subjects not being the Children of the Conqueror or Usurper, must be all Slaves instead of Subjects: So that I must again tell you, that it is from your want of distinguishing between Paternal, Masterly, and Regal Authority, which hath led you into all these Mistakes in this Matter; for the Relations of a Father, a Master and a King, are all really distinct and different, so that one osthem is not the other, as any Man may easily perceive, that doth but hear the three Names pronounced to him, and consider their Signification: And therefore' quitting this subject for the present, if you have any better Arguments to prove your Divine Institution ot Monarchy, pray produce them, for it grows

— - re

prove JUIU

late.

M. I shall readily obey your Commands; but pray Sir, in the mean time remember that we assume this Question the next time we meet. But to come to the Matter in hand, I think there are yet some material Arguments behind, to prove Monarchical Government of Divine Institution : For in the first place, you may please to remember, that you your self have acknowledged that all Civil Govern' ment proceeds from God. Secondly, You have likewise admitted, that the Govern, ment of Fathers, or Heads of Families, was the first and most ancient Government of any in the World after the Fall; when some Government became necessary for the Punishment of Offences, and the restraining of the inordinate Appetites and Passions of Mankind. And lastly, That this Government having absolute Power os Life and Death, in some Cases, over the Wise, Children, and Servants of the Family; and that if this Power is conferr'd upon them by God (which you likewise granted) and doth not depend upon the consent or compact of the Wise, Children and Servants: If these things were so, I leave k to your self to consider from the Premises, whether this Power in Heads, or Fathers of Families (call them which you please) is not a MonarchicalPower, or the Government of one Man, and that ordained by God; and that this was the only Government in the World, before the Institutions of Commonwealths, you your self cannot deny.

F. I shall shew you plainlv, that you would impose a Fallacy, cither upon yoi-r self or me in this Argument, and such a one which I have likewise already answered at our last meeting: For I then told you, that the Government of such Heads or Fathers of Families was only an Oeconomkal, and not a Civil Power; and this I proved by divers Arguments against what you then argued to the contrary; and therefore I think I may yet safely affirm, that Kingly or Monarchical Power cannot be proved to be of divine Institution by this Argument; and I have , a greater Man than Sir R. F. viz.. tire Judicious Mr. Hooker on my side, who makes a plain distinction between such a Head, or Master of a Family, and a King, as appears by these words in his Ecclesiastical Policy, which I desire you K-oker's Ecd. would read with me: It is no improbable Opinion therefore, which the Arch-philosopher sol. lib. 1.1;. Tom of, Tlhtt the chief Person in every Houjhold was always, as it were, a King ; sowhen 10- numbers oj Hmtfiolds joyned themselves in Civil Societies together, Kings were the first kind

0} Governors amongst them; which is also, as it seems, the reason why the Name of Fathers continued still inthem, who of Fathers were made Rulers; as also the ancient Customs of Governors to do as Melchiscdeck, asbeing Kings to exercise the Office of Priests (which Fathers did at the fi) fi) grew perhaps by the fame occasion.Howbeit this is not the only Lind of Regiment that hath been received in the World, t/je inconveniences of onekind have caused sundry ot/xrs to be devised. So that in a word, all Civil Regiment, of what kind soever, seemsevidently to have risen from the deliberate. Advice, Consultatifij, and Composition, between Men judging itconvenientf.vid Mpfnl, there being no impossibility in Nature

consider d by itself, but that Man might have lived WithofU any Publick Regiment. So

that Dialogue the Second.

that you may see, that tho' he places the Original of als Governments in the Heads or Fathers of Families (which Opinion I shall not oppose) yet it is plain that he makes a clear Distinction between Oeconomical Government,and that Politick or Civil power, which arises from Compact between Men. JSo that this will not serve the purpose you bring7"" it for. You •may now proceed to what other Arguments.and Ihstahce's.you please; but pray do not make- use any more of the Examples of the •Patriarchs either" before or after the Flood^fince they are, either altogether uncertiirii'tir.We as tb those after, the Flood,,! have proved" them to have been "not

X^egal"

JM: I shall hot ahy longer rrifirtu^h tf^rgj/ fin<Æ you, will not admit of those Inu^htes/tho' I fhihk there, may'be'a grqitdeal ot weight in them i But; thus much'I suppose you carinor deny, as well from the Testimony of sacred as prophane History,* that Monarchy is the first and most ancient Government in the World, as appears by those Remains we have left concerning the Egyptian and Assyrian Monafeties!) And as-for the Government of.God's own people the jew, he was pleased to be King Over them'himself, tho'to govern by his Viceroys, till such Elme al he' was"pleased to make Saul and'- David Kings over them.; Now what

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of

'its* D^Ajine ^Institution; it may lfideed be ah Argument to prove that Monarchy was tkt^fctoturaVtr<hmnniet%t'. 'because the most simple and easy for Men to light ton';'and Jo'no' cfeubVit VaS 'in 'the first. Ages ot the World, before Ambition, ^Avhric'e '-itid Ltixwy%-i& debauched the Minds of Monarchs, the best sort of Government. Andlp on the other side, there is this to be objected against it, that the letting up of so -many Commonwealths upon the Ruin<s of Monarchies, shewed that Men found great Mischiefs and Incbnveniencies in that fort of Government, when, once it grew Tyrannical, or else they had never departed from it ; and this made them, as Brutm said at the beginning of the Roman Commonwealth, to invent other sorts of Government, which might partake of all the Benefits without fchVIhcbnveniancies of absolute Monarchy.

VBut as for your Instance of Gods being himself King over the People of Israel, tKis'touithesri6£ the Question in hand, since that being a Theocratical, and not a Civil Cornmc^ealth^ could concern no other Nation but themselves : And as for your «hef .Instance'of God's making SduIKinfy I hope you will not bring that for an Argument of His Approbation, which it appears he was so angry with the Israelites for desiring; and tho* ft is true, he did at their Request make them a King, yet K'^m.apparent God' would have been much better pleased had they still continued without one': So1 that I think there can no conclusive. Argument be drawn from any "Examples in' the Old 'testament, to proye, Monarchical Government to be of Divine Institution, '■" /-i • Lulvj.-* ■ .u

 M. Well, however slight, you make £f $y Authorities out of the Old Testament, yet J'hope Tlhali be abse' to'shew rnore! cogent ones out of the New, to prove, ih^J^onanln is the only Power instituted^ot so much as taken, notice of, by our saviour Christ 'arid his Apofllf.s. And therefore when he would command the Pharisees(b yield OoediencVto the Supreme Power then in being, he bids them, upon' their stiewirig lum 3c Piece of Money, !ijo.-render to Cæsar the things that are Caf-Matt.a2.11 fax's; not taking any notice of the Senate orPeople, whose Authority these CaJ'ars r.P.O. had'iisiirped. And if St. jP'aul, in his.EJustle. to the Romans, had only said, Let every 'Soul be sub jell to the Higher Power's*, ,anji said Bo-more; then Men might, indeed have disputed, whether;St, Paufoy fiigher Pot^i had not meant as well other Governors is Kings, or other Forms of Government as Monarchy. But the g'obd luck is, St. Paul hath been his own Interpreter; for, after the general Doctrine of Obedience to be given by all Men to the Highe^ powers, he proceeds next to chaige it homer upon each particular tyian's Conscience, under pain of damnation, . saying. Wilt thou not be afraid of'the\\Power?which Power he expounds in the Singular Number, restraining it to one Person: He is the Minister of God to thee,&c. It is not,' They are the Ministers. And then again, He beareth not the Sword in vain. And a third time, in the &me Verse, lest we sliouldTorget it, he fays, For he is

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there is this difference, that whereas St. Paul useth
the Word in the
Plural Number, St. Ptier hath
it in the Singular, and with Application to iheKing
Only, without taking any notice of any Governors but Kings; and those'sent by
them. And it f$ farther to be noted, that St. Peter and
St. Paul wrote
their epistles
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at a time when the Roman Senate
had some share in the Government; and thatir
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was (in appearance at least) a Commonwealth: So
that some Authors suppose, that
notwithstanding the Emperors by strong hand had usurped a Military Power, yet
a great share of the Government was for a long time, nay even then, in the Se-
nate and People. But for all this, neither of the two Apostles take any notice of
any such Popular
Government; no, nor
our Saviour himself, who divideth all be-
tween God and
Cæsar, and
allows nothing, that we can find, for the People oc
Commonwealth. _
• '•

F. I think your Quotations out of the New Testament will prove of no more weight than those from the Old,and that they will not make out Monarchy to be of Divine Institution, any more than the former: For ourSaviour's Answer so the Jews signifieth no more, than that Tribute, and all lawful Dues, were to be paid to Cafar,as the Supreme Power then in being; to answer those Jews, who doubted whether any Obedience were to be given to a foreign Prince of another Religioh than their own. The like Answer may be given to what St. Paul says in the Ro~ mans, Let every Soul be fubjeSl to the highest Power; which was chiefly directed tp the newly convertedJews, who might doubt, as welt as their Countrymen in Judea, whether they were bound in conscience to be subject to Heathen Magistrates; as also against the Sect of the Gnosticks (then newly sprung up) who, tho they called themselves Christians, yet looked upon themselves to be thereby discharged from all Subjection or Obedience to Civil Powers; being those whom St. Jude Jude 8. exprefly speaks against, Who despise Dominion,and speak evil of Dignities* And therefore when St. Paul speaks of such Higher Powers, it is not in the Plural, but Singular Number, terming him, the Minister of God; because that at that time there was no such thing as aCommonwealth (as he knew of in the World) the, two greatest Empires, the Roman and the Parthian being then governed by Monarchs, The like I may fay to that other Text you have quoted out of ^t: Peter, which may very well be reconciled with that Place of St. Paul; tho'the one called the Higher Powers, the Powers ordained of God;and the other calls them, an Humane Ordinance, or Creature (as it is in the Original) since they certainly derive their; Authority from God, tho' by the Mediation or Consent of Men

And I believe you will prove mistaken in affirming, that the Senate or People had any Power when St. Peter and St. Paul wrote these Epistles: For it plainly appears, that whether these Epistles were written in the Reigns ofClaudim or Nero, the Government was then wholly in the Roman Emperors: For tho' I grant, that during the Time of Augustm the Senate had some shadow of Power, and that divers Provinces were under their Government;yet by that time Tiberimhid reigned but a few Tears, he quite took away all Power from the Senate, and made them no more than what the Parliament of Paris are to the French King, meer Ministers of his Tyranny, and oblig'd to verify all his Edicts; and the Compliance and Flattery of these Senators was so servile, that they pasted whatsoever Decrees he sent them, without the least Hesitation; till it became so fulsome even to himself, that it made him cry out, O gens in fervitutem nata! So that all you have said on. this Subject signifies no more, than that our Saviour and his Apostles did not come into the World to dissolve or alter the Civil Governments, or the Policies of Kingdoms, but to command Obedience to them, as they found them settled in the World, as the moderate MelanEihon very well observes, Christm nou venit mutare Politiae.

And I doubt not, but if our Blessed Saviour had thought fit to come into the World about half an Age sooner, and to have been born and preached the Gospel in the time of the Roman Commonwealth, but fie would have commanded the Jews to have paid Tribute to the Senate and People of Rome, as well as he did to Cafar .And St.Peter would have enjoined all Subjection and Obedience to be given them;



{99}

and might have said with greater Reason of them, than of those subordinate Ma-* gistrates they sent to govern their Provinces; that they were the Ministers of God. And if your Arguments for the Divine Right of Kings be true, it would be nd Rebellion at this day for Subjects to rife up and destroy the Supreme Powers in allCommonwealths, because they are not Monarchical; and consequently those, in relation to whom God hath left us no Rules of Obedience. Which Doctrine if any Man should offer to preach in the Territories of Venice orHolland, I think, in the former the Preacher might very deservedly be sent to the Gallies, and in the latter they-would at least fend him a Pair of Shoes. But if you have any thing farther to urge for the jfure Divinojhip ofMonarchy, pray will you let me hear it, for I am weary with answering such Trifles.'

M. I confess I have not much to object against what you have now replied, and therefore I shall insist no farther upon it; only thus much I am satisfied of, that God, by his own Example, as well as Institution among the Jews,seems , more particularly to have approved of Kingly Government (and that absolute too) than any other. Not that I will condemn all Commonwealths as unlawful, but that as being Sovereign Powers, they may be also ordained of God. "' But I have another Objection to make against your Hypothesis, and that is, you IriVe in your former Conversation supposed a natural Property in things, precedent to Civil Government, which can scarce be understood. For by what Right can any Man lay claim to any Property, but by the Laws of the Government in which he lives? And how can there be any such Laws before there was some Supreme s. p. p. Legislator to make them? So that the only way (I know of) to solve this Difficulty, is to suppose, that the sole Dominion of things was in Noah after the Flood.; and that whatsoever Property in any thing his Posterity possess'd in scvefa^tfiey enjoyed it by hisOrant and Allotment, and in virtue thereof transmitted the same to their Posterity, without waiting for the Election or Consent of the People, or entering into any Articles of Capitulation with them whom they were to govern, as you suppose was necessary for the first Institution of Civil Government. And the Texts in the tenth of Genesis seem to import as much : By these were the Ver. 5.32, JJki of the Gentiles divided in theirLands, every one after his Tongue, after their Families in their Nations. "These are the Families of the Sons ofNoah, after their Gener ations in Ver. 32. fkeir Nations; and by these were the Nations divided in the Earth afterthe Flood. That is,' not only the Nations themselves, but the Jfles or Countries of the Earth were divided by these Patriarchs, amongst their Posterities, into particular Shares and Territories.

Ants so likewise in all the Absolute Monarchies in the World, all the Property that Men enjoy, either in Goods or Lands, is either actually in the Prince, or else was at first derived from him; tho' I do not deny but when such a distinct Propriety in Goods or Lands is once instituted by the Monarch in any Kingdom, that he cannot again alter it or take it away, without manifest Violence and Injustice.

And hence it is that our common Lawyers maintain, that all the Lands in England are held of the King, either mediately -or immediately: For upon the Conquest by WfUiam the Conqueror, all Mens Estates were thereby vested in him. So that there is no. way so natural and easy to solve all those Difficulties that do arise concerning the Original of Civil Gove,~nment and Property, than to make them begin together in the Persons of Adam andNoah, and thence deriv'd to all their Posterity: So that whatfover absolute Dominion Princes or States have claimed in those Countries and Places, which they have either sciz'd upon themselves, as the first Occupants, or else have conquer'd from others, theyenjoy'd them meerly as they represented Adam or Noah, the first Monarchs of the World. Nor can we other way avoid these several other intolerable Inconveniences and Absurdities* that will follow from supposing an original Community of things, or that every Man at first might take what Quantity of Land he pteas'd, without the Authority or Assignment of any Supreme Power.

F. As to what you fay concerning God's approving Monarchy above all othef Governments, by his instituting it among the Jews, that way of arguing is very uncertain and fallacious; since one may by the fame reason argue, that the Ceremonial Part of the Mofaical Law was the best that God could have contrived, because he was pleased to prescribe it to the Jevos, during the time they should be under the Government of it. No doubt God prescribed them such a Govern*

O x ment

ment both in Church and State, as he thought fit for their present Occasion and Inclinations; but whether that were the best, or of perpetual Institution, is no , where said. '■ ,. ,

But as for the other part of your Argument, I thought you had been very well satisfied by what I said at our first Meeting, that neither Adam nor Noah had* by Grant or Donation from God, a sole Right to the Earth and all things therein. But since you are not yet satisfied with what I there said, I shall answer this Objection more particularly; and I doubt not but I shall make it so plain to you, that you your self ihall confess, that there is no such great Mystery or Difficulty in the tracing of Property, as also Civil Government, to their first Originals, with-* out supposing any such absolute Dominion or Property in Adam 'and Noah, or in any other Supreme Power, as their Successors. I shall therefore first of all remove the main Obstacle you have laid in the way, and shew you, that the Places of Scripture you have cited to this purpose do not prove the thing you intend them for. I did before shew you, that there was no manner of ground for Sir R. F.'$ Opinion, that none of Adam's Sons could have a Property in any thing, without} * Adam's Assignment; nor that any of Noah's Sons, when separated from their Fa-? ther's Family, could have any Property in any thing but by their Father's Donation; Scripture andantient History being altogether silent in these Matters. And therefore you are fain to lay hold of the first Place ofScripture that.you think might serve your turn, which will not do the business neither,> r .

For supposing I should grant you, that in the Dispersion or Division that was made of Mankind after the Flood over a great part of the World, the People that then followed their Ancestors or Leaders after this Dispersion (tho* the Text doth not mention any such thing) followed them as Princes or Monarchs; yet this will not prove what you would have, that these Fathers of Nations made this Division, of the Earth in right of chat Dominion which God conferred at first on Adam and Noah; since (as I have already proved) if this Division had been made in right of the Dominion that descended upon Noah, it ought to have been performed by the Authority of only one Man, and him the eldest Descendant of the eldest Son of Noah: And I have also sufficiently shewed you the Absurdity of this Fancy of such a Divine Right. And besides, it plainly contradicts it self; for either this Division you talk of was made in the Days of Noah, or it was not: If the latter, then it is apparent, that from the time ofNoah to that of Heber there was a Community of Things and Properties; tho' you have asserted the contrary: If the former, and that the Earth was divided before, then to what purpose was this Division in. the Days of Peleg?And tho' I grant, that about that time every Language or Nation might, under the Conduct of their Prince or Leader, seize upon some Territory or Island sufficient for them to inhabit in; yet doth not the Text tell us, whether the Country they lived in was by them divided into particular Shares, or whether they made use of it in common, as the Indians of America do at this day, where the Quantity of Land doth far exceed that of the Inhabitants that live in it.

Nor lastly, supposing that a Division was made of these Countries they then inhabited, doth it tell us, whether it was done by the sole Authority of their Prince or Leader, claiming as his own the whole Dominion of it, so that no Man could have Right to a Foot of Ground in it but himself; or whether this Division was made by the joint Consent and Agreement of all the rest of the Heads of Families, and other Freemen that went along with him. The Scripture is silent in these Circumstances, that only telling us, that the Great Grand-sons of Noah, mentioned Gen.10. The Ifles of the Gentiles were divided in their Lands, every one after hit Tongue, after their Families in theirNations; and that this Division was in the Days of Peleg: But no where declares, whether every particular Region or Country was then divided into distinct Shares or not.

And as for what you fay, that all Princes, and Conquerors of Territories and Countries, have the like absolute Dominion and Property in them, as Adam and Noah had over the whole World; if it were no more than that, I doubt it would be very little; since I have already proved, and I think you must grant, that no Monarch at this day can claim his Crown as the right Heir of Adam or Noah, or as their Representatives; and it will, I think, be much harder to prove, that the sole Property of an acquired Country or Kingdom must be in them by virtue of any such Right. But as for yemr Instance of WiUiam the Conqueror's having a Right to all the Lands in England by Conquest, since it requires somewhat a longer Answet than the Time will now afford, I shall refer speaking farther of it till another Opportunity : But pray, Sir, at present make me see a little plainer what those Inconveniences and Absurdities are that will follow from my Hypothesis, that God at first gave the World and all Creatures therein to Mankind, to be used and enjoyed in common, if they thought fit,

M. I (ball shew you some' farther Absurdities that will follow from- it than I have done already: For tho?Grotitu and Selien indeed maintain, that a Commu- r. 0>G; p. 4H. nity of things was by the Law of Nature, of Which God is the Author, and yet that-.fbch a Community should not be able to.contimse; seems to derogate from the Providence of God, to ordain a Community of tHirtes which could not contir"

And it seems also an Act of high Presumption in the Descendants of Noah; to abrogate the Natural Law ofCommunity by introducing that of a Propriety in.

thing*...-. - »•■*■« • " •7".'!'>! 1-. ■•° , •••:.;:> 

F^l pray give me leave to interrupt you, that you may not run on in i Mistake: ^Fot let Grotimm Selden assert what they please, I'&m not tied to submit tb * it * and therefore when I say, that God gave the World, and all the Creatures therein, to Men, to be used iff common, if they pleases I thereby understood"; that God hath by theLaws of Nature commanded notffing in this matter, but bath left the Earth and all things therein t6 be used in ttimmon, or in several, aS may best consist with the Convenience, Necessity, or Customs and Laws of each particular Nation or Commonwealth, who God designs-should live peaceably together, and make the best use of the Country where they inhabit, and the things' therein contained, for their-o^^^ommOfi Maintenancefand Safety, according t6 the -Expression of the Royal Pfalfttifi .- Bat the Earth hath God given to the Children of Msn, i.e.altthe Descendants of Adam. •>*''

M. Well, suppose it were foV1 the printd Duties of the Second Table are chiefly conversant about'thfe Right ofPropriety; but if this Ptopr&ty were introduced- by Ibid. Humane Laws or Agreements, as Grotitu and you your self suppose, then both the Moral and Divine Law would depend upon the Will of Men; so that there could be noLaw of Nature against Adultery or Theft, if Women and all things else had been in common.

F. This Objection wholly proceeds from your not having any distinct or true Notions of the Nature and true Original of Propriety; and therefore if you please to hear my Account of it, I hope you will grant (when I have done) that your Objection against the Community of things will be to no purpose. I do therefore in the first place distinguish between a Natural and a Civil Propriety: By the former Men might be guilty of Theft before CivilPropriety was instituted; but as for Adultery, that was always unlawful both by the Laws of God and Nature, which abhors Community of Women and promiscuous Copulations; and God hath particularly ordained, that theMan and his Wife should be one Flesh: And no Man, that maintains a natural Community of things, eves supposed that Women were amongst those things that were to be in common, or. that a Man had the fame kind of Propriety in his Wife, aS ^ his Horse; so that the Command against Adultery might very well consist with the Community of things^lw

M. Suppose I grant thisj I do not understand how there can be a natural Propriety, and yet a Community! in things, as you suppose.

F. I wonder you should no's he able to apprehend this, and have bean so often at an Ordinary and a Play-house: At the former, you know, tho' a Man hath a Right to his Dinner, yet all the Meat at the Table being in common, he cannot call any part of it his own, till he hath cut it or divided it from the rest; and at the latter a Man hath a Right to a Place either in the Box or in the Pit, and yet he cannot tell where it is, till he hath placed himself in it, or sent some body to keep it for him.

As. I do apprehend what you mean; but pray explain to me the Manner of this Natural Propriety a little more at large.

R1 would readily do it (since if that were well done, I grant it would be a great step to the clearing of the Original and Nature of all Civil Power) were it "ot n°w too late to enter upon so long a Subject; and therefore I think we may both be sufficiently tired with Talk, so as to put it off until another Opportunity, when I shall give you my Thoughts of the true Original of Civil Government, in' what fense it proceeds from God, and yet how far the Consent of the People is nescswry to make it obligatory on the Consciences of the Subjects; which when it is

once

once well settled, I hope there will be little need of disputing farther, whether this great Alteration hath been brought about by lawful Means or not.

M. I thank you for the pains you have taken to inform my Understanding in this matter: And therefore since 'tis now very late, I desire we may adjourn our Conversation to another time; and then I desire that you would prepare your self to discourse with me of the second important Question we agreed on, viz. the Irresistibility of allSupreme Powers by their Subjects; not not only because Resistance in any case whatsoever is inconsistent with Supreme Power, and destructive to the Peace of Civil Society, but chiefly as they derive their Authority immediately from God, and are only to render an Account to' him of their Actions. *

F. I will not deny but what you have said is true in some fense, That all Sovereign Power is derived from God,and is also as such irresistible by Subjects; but to affirm generally and absolutely (as most of your Opinion do) that all Commands and Acts of Men endued with this Supreme Authority, whether good or bad, lawful or unlawful, are part of that Authority derived from God, and therefore irre-? sistible in any cafe, or upon any necessity whatsoever, is so dangerous a Proposi-r # tion, that I know none that (hath contributed more to the Encouragement of the King, and the Popish Faction he favoured, to make all those Breaches upon our Laws, Religion, and Liberties, which we have suffered since the Beginning of his Reign. . ■ A:v::.cj \ . v:

M. I am so well pleased with the Freeness and Ingenuityjof your Conversation, that I desire nothing more than to discuss this important Question with you at our next Meeting: But I beg your pardon, if being taken up by some Business to morrow, I adjourn our next Meeting to the Day after, when, if you please to come at the same Hour as you did to night, you shall here find me ready to wait on you. In the mean time I must bid you good night. ;1 ,;

F. Your Servant, Sir, I wish you heartily good night; I will, not fail to meet you at the Time appointed. -



Bibliotheca Politica.

DIALOGUE III.



Whether Resistance of the Supreme' Power fy •„ *z Iu^/f Nation or People, in cases of the last Extremity, can hejustified by the Law of 'Nature, or Rules of the Gospel J.

F. M&&&£,M&OU are Welcome, Sir; I see you are a punctual Man to «£(9Sm3GX?£?8» your Word. Will you be pleased to sit down by the Fire^ 4| Q^^&S and drink a Disli of Tea?

.. *vm you b< ..w*

and drink a Dish of Tea?

As: I thank you, Sir: I assure you, I love to be punctual in small things, as well as in great ones, when I am not hinder'd or prevented by Business. F. Before we come to the Question we the last time : resolved to make the Subject of our present Entertainments it will*. I think, be convenient for me to look back, and see what I have already proved at our two former Conferences, viz,; i. That Adam h,A — -'

- uc convenient for me to lot . , xvw wnat i nave already

proved at our two former Conferences, viz,: '•*■

1. That Adam had not, either by natural Right of Fatherhood, or hy ^positive Donation from God, any such Authority over his Children, or Dominion over the, World, as you pretended.

2.: That if he had, yet ihis Sons or Heirs had no Right to it.

3. That if his .Heirs had, there being no Law of Nature, nor positive Law of God, that determines who is the right Heir in all Cafes that may arise ; the Right oi Succession, and consequently of tearing Rule, could not have been certainjy determined without the Judgment of the rest of the Children or Descent . dants of Adam. ... >. -.-j

. 4. > That the Knowledge of the right Heir of Adam (supposing still there , was one) being now long since lost, no Prince or.Monarch in the World can graft any Ticle.upon this Paternal Dominion of Adam or Noah.

y. That all Authority of inflicting Punishments of Life and Death, or other less Penalties, for the Breach of theLaws of Nature or the Transgression of the Civil Laws of the Commonwealth, is originally derived from God, as being that Bower with which God, in the State of Nature, hath intrusted all Masters or Heads of separate Families, and this not as Fathers, but as Masters.

<s. That since all Kingdoms and Commonwealths at this day do owe their Original either to the EUElion of the People, or to Usurpation or Conquest; God doth not now by the ordinary Course of his Providence confer thisDivine Authority on any Persons whatsoever, so as to give them a Right to the People's Allegiance without the People's Consent first had j or else an owning of their .Titles by a subsequent voluntary Submission to them.


{104}

As. I grant indeed, that you have with great Labour, and some appearance of Reason too, endeavoured to prove these Principles jou have here laid _down j^yet Hoover, thoVthe^

against the 'lajs, iFyou please* to hear me; For I think 'I can stew you a great . many evil Consequences that will follow from this Principle, cf making the CoÆit ot}Stik^ijfion of the People at all necessary to the conveying of a Supreme Powjr* or ofthat Divine Authority which you grant to b&de:riyejd.&om<36d-'h^h}fe^^ all Monarchs andSupream Magistrates in Commonwealths:'

P. I pray give me leave a little to interrupt you. I know very well what this evil Consequence is, of supposing, the Consent of the Peopseas a Means at all necessary for the conv&ing-of this Divine Authority; that Is, in plainEnglijh, because it will* destroy "your darling ipoctrine of Passive <)BEDrEN;cE^arrd NonResistance;therefore if 'it be so, pray let us rather fall presently to the Question it self, than argue by Consequences; which if we mould go that way to work, I have my Consequences likewise to urge, some os which I-have given you already. Therefore, if you please, let us begin a fairer way, and hear me propose those Heads, in which.I doubt Mt b^it we_flo b^oth-agre&j and then I will bring it to the majjr) Cafe oJrjQuestion,_jn vthkhvpt.rhaps we dfejr.

M. I confess I had somewhat more to say, which would have tended to prove this Doctrine of Non-resistance?pat, sices you are^ase^lo.DCÆposeraitothfA Mnwbd, which yon better ipp|3ve "of, Tain ready i.6compl

cts who are to live togetner in <t ^11111^.^,

That all Kings or Supreme Magistrates are likewise secured, by God's Authority, in those due Rights and Prerogatives, which are necessary for their well discharging this great Trust or Duty which God requires of them, and in '6<& stderation of which the People at first eletled or submitted themserves toshem. *

If therefore you grant, as I suppose you will, these twx> reasonable Propositions, the Question wi^l amount to no more than this.Whether^ if die Supreme Power, in any Kingdom or .Commonwealth, so far abuses this Txust, which<Sod by the People hath committed to them, and instead of preserving and-defending the Lives, Liberties, and Estates of their Subjects,.they manifestly go about to destroy or grievoufly to oppress them, by making them, inste*ad of Subjects, meer Slaves and Vassals ,• the Question, I fay, then is, whether, if such general^Vid* lence or Oppressions be committed upon the whose People, or so considerable 3 part of it, as that the Safety and Well-being of the Commonwealth cannot in any likelihood subsist without it; the People^ 'or the most considerable part of them, may not (in case their Lives, Liberties, and Persons ate unjustly assaulted and oppress'd by the Officers or Standing Armies of the Prince, or other Supreme Powers) for their own defence take up Arms to defend their .Lives, Liberties, and Estates, against such an armed Force and Violence. Where, by the way, I desire you to take notice, that I do here absolutely disclaim all Resistance of, or Self-defence against Civil Authority, or the Officers commissioned by it, by any private single Person, whether such Power be exerted according to Law or not, ot else abused in some cases to the Hurt or Destruction of such single Person o»ly. So that I suppose thisResistance to be lawful only in case of a general Destrul~ljmi ox intolerable Oppression, of the whole Pecpse, or at least a very considerable Part of them, and those that are in the chiefest Places of the Administration.- V \

M. I confess, the Doctrine of Resistance, as you have put it, seems at first som«what plausible, and to tend to the common Good and Preservation of the-People or Civil Society. But let me tell you, I am of opinion, that whenever it comes tobe put in practice, it proves (like the other Speculations of Commonweakhf-meti)more hurtful than beneficial to the common Safety and Presemrionof the Pdopk; and consequently more destructive to the main Ends of Government,; than conducive to the Good and Happiness of Mankind; and last of all, that suchResistance cannot well be maintained or executed without the Deposing er absolute Destruction of the Prince, or other Supreme Magistrate whatever may fce pretended to the contrary. And indeed it is almost impossible to suppose, that, any Monarch or Supreme Magistrate lhould ever (unless they were stark mad) purposely go

about about to kill or destroy their Subjects, in die Multitude aud Safety of whom con-1 fist his chief Strength and Riches. And you may as well tell me, that a Shepherd, whilst he is in his right Wits, should go about to kill or destroy his Flock, as that a Monarch mould wilfully intend to kill or destroy his People.

To conclude, since the People must be, in all Cafes of 'Tyranny or Oppression their own Judges, andExecutioners too; there is no Rebellion so rank and wicked, that this Pretence of a Self-defence of Men's Lives, Estates, and Liberties, may not justify ; whereas indeed it is contrary to all natural and Civil Justice, for the injured Party to be his own Judge and Executioner too: For then the other Side may pretend to the like Right, and the Trial must be referred to Force and Arms, in which Contention if the People are overcome, they are certainly reduced to a worse Condition they were before; but if the Prince or Supreme Magistrates have the worst on't, the Civil Power then in being is absolutely ruined : So that whether the People or Magistrate overcome, the State of both of them is very deplorable; besides divers other evil Consequences of this Doctrine, which I sliall defer, till I hear what you can fay to what I have now urged against your Opinion.'

F. You have made a very plausible Speech, in setting forth the dreadful Consequence of this Doctrine of Resistance in any cafe whatsoever; and I confess, if . what you lay down be true, viz.. that such Resistance always brings along with it greater Misery upon a People than what the utmost Violence and Oppression of Princes can produce, then your Consequence would be also true, that such Resistance is never to be practised upon any account whatsoever. So, on the other side, is that be not true, neither will your Consequence signify any thing.

I suppose you will not deny, but that there may be such a thing as a Tyrant, and that that part of Mankind who live under him may be sensible of his Tyranny; or else the Definition which K. James I. gives us of a Tyrant, in a Speech which he made to the Parliament in idoj. would be altogether in vain. But the Words are so sit for this purpose, that I will read them to you out of his Works. / do acknowledge, that the special and greatest point ofdifference that is between a rightful King and an usurping Tyrant, is this: That wher eas the proud and ambitiousTyrant doth think his Kingdom and People are only ordained for the Satisfaction of his Desires and unrea~finable appetites; the righteom and just King doth, by the contrary, acknowledge himself to be ordained for theprocuring of the Wealth and Prosperity of his People. And so likewise, in another Speech he made to the Parliament, he hath this memorable Passage : That a King governing in a settled Kingdom leaves to be a King,and degenerates into a Tyrant, so soon as he ceases to rule according to the Law. So that since it is plain, that the People may judge when they have a Tyrant instead of a. King to rule over them, and that under such a Tyrant the Condition of the People may be very deplorable; the Question still remains, what is best for them to do in this cafe? Whether it be better for them, or they are obliged by the Laws of Reason and Nature, patiently to submit to it? or else, if they can, either by their own Force, or the Assistance of a foreign Prince, to cast oft the Yoke? And I think I may still maintain, that they may do it, notwithstanding what you have yet urged to the contrary.

In the first place therefore, tho' you count it an almost impossible thing to suppose, that a Prince or Monarch would ever go about to murder or destroy-his Subjects; yet as incredible as it is, I can"; give you several Examples out of History, both antient and modern, that some Tyrants have been so brutish, as not only to endeavour it, but actually to put it in practice. Of the first kind is that of Caligula, whom Suetonim mentions to have wish'd, that all the People of Rome had but one Neck, that he might cut it oft" at once. The other is of Nero(in the fame Author, as also in Taci(m) who set the City of Rome on Fire, and consequently would have burnt all the People in it to please his Humour, and that he might sing his Ballad of the Destruction of Troy the more naturally whilst it burnt. A third Example I find related in Mocquet's Travels into the East Indies, of a cer- v,d.Moctain King of Pegu, about an hundred Years ago, who, by the persuasion of some quet'j ir* of his DiabolicalPriests or Magicians, took such an Aversion to his Subjects, that *ic/)> ub- * he was resolved to destroy them, and therefore forbid them to sow their Lands for^' two or three Years, by which means a great part of them died of Famine, or were forced to devour each other. And in such cases as these, I suppose, the Laws ot' Nature and Reason will justify Self-defence in the People ; and sure it had



been lawful for the People of Rome to have resisted Caligula's Guards, if he had gone about to put his wicked Wish into execution; or likewise to have resisted or put to death those Incendiaries they found firing the City, tho' they might have i had the Emperor Nero's Commission for it : So likewise sure it would have been

as lawful for the People of Pegu to have resisted those whom the Emperor might have sent to hinder them from ploughing and sowing their Lands. And that I am not the only Man of this Opinion, I desire you to consult whatBarclay hath, in his Treatise contra Monarcbomachos, which he writ against Buchanan, de Jure regni ap'udScotos, and the Author of Vindicia contra Tyrannos; where, tho' he be a most zealous Asserter of the unlimitedand imsistible Power of Princes, yet in his third Book, Chap. 8. he speaks to this effect ; the Sense of whose Words, as near as I can, I will give you in English.

"Now if any one should soy, But must the People always yield their Throats "to the Fury and Cruelty ofTyrants? Must they patiently permit their Cities to % u be destroyed by Hunger, Fire or Sword, and their Wives and Children to be

"exposed to the Lust of a Tyrant, and also themselves to be brought into the ut"most Dangers and Miseries of Life? Must that be denied to them, which is "the Right of aS Animals by Nature; that is, that they may repel Force with <c Force, and defend themselves from Injury? To this it may easily be answered, "that Self-defence,which is of natural Right, ought not to be denied to the Peon pie: And therefore if the King doth not only exert his Hatred against some "single Persons, but also shall go about to destroy the Body of the Commonwealths "of which he is Head; that is, shall exert his Hatred against the whole Peo/" pie, or some considerable Part of them, by an horrid and intolerable Cruelty or "Tyranny, there is a Power in the People, in this case only, of defendingitself, "but not of invading the Prince, or of revenging the Injury given; neither of de"parting from their due Reverence, because of the Injury receiv'd: In short, it "hath Right only of repelling a present Force, but not of revenging a past Injury; "for one of them indeed is from Nature, that we should defend our Lives and "Persons from Injury; and therefore the People may be able so prevent an Evil "before it be done, but cannot revenge it upon the King after it is done. There"fore the People hath this Right more than a private Man, that he hath no other "Remedy left him but Patience; whereas the People, if the Tyranny be intolef rable, may still resist, tho* with Respect.

In all which this Author hath there said we may easily understand his Meaning, unless it be in this of resisting Force with RefpeEl and Reverence .- For I cannot understand how a Man may fight against his Prince withReverence, or give his Guards a Knock over the Pate, or a Cut in the Face, with RefpeEl to the Princess Authority. But the Reason is plain why the People may act thus, because when a Prince once goeth about to destroy and make War upon his People, he doth not act then as a Monarch, but like a Cutthroat, and Enemy to the Commonwealth: And no Man can imagine a Will to destroy and to protect the People can at once subsist in the same Person.

M. But pray give me leave to interrupt you a little. I grant indeed, that by , the Political Laws of any Government, which are made to secure the Rights of the Subjects in their Lives and Fortunes, no Prince can or ought to take away his JZ. J. chap. Subjects Lives or Estates contrary to Law; yet by the I M P E R I A L L A Ws in every io. p. 203. Government, and by the Laws of the Gospel, which (as I shall hereafter shew) establish those Laws in all perfect Governments (and particularly in the Englijh) all these Rights legally belong to the Civil Sovereign, especially to be accountable to none but God, to have the sole Power and Disposal of the Sword, and to be free from all coercive and vindicative Power, and from all Resistance by Force. It is by these Common Lawsof Sovereignty, that the Gospel requires Passive Obedience, which is but another Name fos Non-resistance: These Laws are in eternal force against the SubjeEls in defence of the Sovereign, be he good or evil, just or unjust, Christian or Pagan ,• be he what he will, no Subject or Number of Subjects whatsoever can sift up his or their Hands against the Sovereign, and be guiltless by these Laws. Therefore for the SubjeEls to bear the Sword against their Sovereign, s or to defend themselves by force against him or his Forces, is against the Common

Laws of Sovereignty; and by consequence Passive Obedience, even unto Death, becomes a Duty in Sovereign Governments, by virtue of those Laws, andweare not to resist them upon any pretence whatsoever j but therefore all Subjects are

1 bound btrahd to suffer Death Wrongfully, rather than to resist: them upon any pretence or account whatsoever. So that let Popish Writers ,(tljo' never so moderates fay what they please concerning the Lawfulness of Resistancein some ca/es, yet we of the Church of England have learned better things from the Scripture and the Examples of the Primitive Christians, which we think our selves obliged most strictly to observe. And rherefore in relation to our own Government, and the present State of Affairs, I shall reduce all that i have to say against Resistance of the King,or those commissioned by him, into this Syllogism: Not to be resisted by the Subjects is an inseparable Right of all Sovereign Power*: But the King is here the only Sovereign Power. Ergo, the King is upon ho pretence Whatsoever to be resisted by his Subjects. So that, not to quarrel any longer about Words, Nonresistanceis the fame thing with Passive Obedience and Submission, and by consequence these are required by the ImperialLaws of the Government. Therefore whatsoever the Imphial Laws of the Government require of its Subjects, if it be not contrary to God's Laws, they are bound to perform it. But Passive Obedience, ot patient suffering of Injuries from the Sovereign, is not forbid by God's Laws: Arid therefore Subjects are bbttrld to perform it, where it is required by the Imperial Laws.

JR. I shall forbear to say ariy thing, as yet, concerning what t)octrines the Scrips tides teach; or the PrimitiveChristians practised concerning this matter, because I x desire to discourse that Question apart from this of the Laws of Nature or Reason, which we are now upon : Therefore I must tell you, that tho' this new Term ofIthperial Law ttf Nrfnrefistaike may sound very prettily to their Ears who iftind Words more than Sense; yet I must freely confess, that I am altogether a Stranger \ to this Notion of Imperial Laws,- as also df the Distinction you make between the Imperial and Political Laws of this Kingdom: And if. by Imperial Laws you mean those of the Roman Empire, 1 never knew that those Laws had any thing to do in England before, but always supposed the Political Laws of our Country to be the only Measure of the King's Prerogative, as also of the Subjects Obedience and Subjection. Nor do yoitr own Civil Lang, by as much as I know of them, make any difference between the Imperial and Political Laws of the Empfre; for by the one, as well as trie other, the Civilians understand such Laws ot Edifts of the Emperors, which, with the Approbation of the Senate, were made for the Peace and Well-government 6f the Comnidnwealth; but I never yet heard of any Imperial Laws, whereby the Emperor declared, that he had a Right to plunder or murder all the Citizens bf Rome, or that they believed they were obliged to suffer by your 'Imperial Laws withbut any Resistance. 1 am sure the Seriate and People did not believe, that the Emperor had any such Authority, when they declared Nero and Maximin, for their intolerable Cruelty, not only Enemies of the Commonwealth, but of Mankind'. But if by these Imperial Laws ofNonresisia'nce you riiean no more than what you laid down in your Syllogism, that it is an inseparable Right or Prerogative of Sovereign Powets, not to be resisted by their Subjects,, when you have proved this Proposition by ihe Laws of Nature and Reason, I shall then believe it. But as for your Conclusion, it being founded upon these Premises, it needs no Confutation,' fof if the Imperial Laws of Government do not require your PassiveObedience, rhen Subjects are not bound to perform it. And to shew yoii the Falseness and Absurdity of tin's Assertion, that whatsoever the Imperial Laws of any Government require of its Subjects, if it be not contrary to God's Laws, they are bound to perform it. Instead of\ Passive Obedience, or patient suffering of Injuries, let us insert, To give up to the 'Sovereign all our Civil Properties and Estates, if demanded by him, is not forbid byGod's Laws ; and therefore Subjecls are bound to perform it, whenever it is required by the Imperial Laws: For certainly the absolute Disposal of the Estates of the Subjects is is inseparable a Prerogative of Sovereign Power asIrresistibility it self; as I think I am able to prove, if you think fit to dispute that Question.

Bat at present I shall only confine my self to confute the Major in your Syllogism. In the first place therefore, though I do grant what you lay down for a Ground, to be true, That it belongs, to Sovereign Powers to beaccountable to, or pttnijhable by, none but God; yet, I suppose. Resistance of their Violence and Tyranny may very well be performed by the People, Without calling them to a Judicial Account, or erecting a Tribunal for that purpose: Cailing to an Account, and Punishment, are Acts of Authority of Superiors ovet Insefiors; but Resistancefor Self-defence . Pa is is a Right of Nature, and which no Man, by entering into Civil Government, ever parted withal, but out of Consideration of a greater Good to be obtained thereby, (vise.) his own greater Security, together with the common Good of that civil Society, whereof he is a Member; which, when by the Prince's Violence, it "is once like to be wholly lost, his natural Right of Self-defence, for the preservation of himself and Family,again takes place: Nor doth he then resist the Supreme Powers as such, but as Murderers and Cut-throats, who by going about to destroy the People have already lost all that Right they formerly had. And of this Opinion is that moderate Romijh Author, Barclay, before cited, who in the i dth Chap, o'f the Book last quoted, hath this remarkable Passage.

"What then? Can there no Cafes happen in which it may be lawful for the "People, by their own Authority, to rife up, and resist a King governing Tyrami*' caliy? His Answer to this Question is, there are certainly none as long as he * continues King: for the Scriptures forbid it, which fay, Honour the King, and % "he who refisteth thePower, rejifieth the Ordinance of God. Therefore the People

'* can have no Power against him, unless he committeth something, by which he •. "may cease to be Kingj for then he himself abdicates his Kingsliip, and becomes "a Private Man; and by this means the People being madefree, that Right re"turns to them, which they had before the King was made: But there are but ** few Facts of that Nature, which can produce such Effects. And I cannot, "when I think of it, find more than two Cafes, in which a King doth ipfofaflo "make himself no King, and thereby depriveth himself os all Honour, Regal Dig"nityand Power; (which also Winzerm takes notice of.)" One of these is, if he destroys his Kingdom, and then give us the Examples of Nero and Caligula, as I have already done; and next proceeds to this purpose, that when any King designs, and doth scrioufly endeavour " to put this in practice, he casts off'all care and de"sire of governing; and therefore thereby loses his Empire over his Subjects, "as a Lord of a Servant loses his Dominion over him, by giving up all Care,

* Lib. i. f.4." and Government of him." And of this Opinion likewise are * Grotim. and Puf

* 7.11. fendorf f, the two best, and most learned Writers on this Subject. Who do not t Lib. 7. c. 8. tnink it "inconsistent with the Rules of the Gospel, for Subjects to resist the King, $ 6- « if with a hostile Mind he seeks the Destruction of his People; for, fays the for

"mer, the Will of commanding and. destroying cannot consist together : And "therefore he who professes himself an Enemy of the whole People does thereby "abdicate the Kingdom ,• but that can scarce seem to happen in a King in his "right Wits, and who commands only one Kingdom. But if he commands more "Kingdoms, it may so happen, that he would destroy the People of one Na- • "tion to gratisie the other, that he may there makeColonies of them." And this, I suppose, Grctitti spoke in relation to the King of Spain, who (they say) had declared, that if he overcame the Dutch, then in Arms against him, he would fell the People for Slaves intoAmerica, and people the Country with. Spaniards. M. You very much mistake me, if you think, by Imperial, I meant the Roman , # J. Ibid. Laws, but only the common Laws of Sovereignty, which, though they destroy no Man's natural, or civil Rights, yet both grant, and confirm unto the legal Sovereign, in every Government, theEssential Rights of Sovereignty, of which I take Non-resistance, not only for Wrath, but Conscience sake, to be one of the chief. And therefore it were much better to venture the utmost that a Tyrant can • do towards hisPeople by destroying them, than to give the least inlet to Rebellion, by supposing the People may in any case whatsoever resist their Prince. For granting the worst that may happen,that a Prince once in a thousand Years should be so wicked and malicious, as to go about to destroy his People, yet he could scarce find Means and Hands enough to bring it about: And admit he ihould destroy, by his mercenary Forces, thirty or forty thousand of them, it were better all these should perilh, than that the Nation sliould be involved in Civil War, and the ^Prince's Person and Government destroyed by Resistance. And therefore in all Governments whatsoever, whetherMonarchies or Commonwealths, there must be an absolute Trust placed by the People in one, or more Persons, which Trust they can neither recall when they will, nor yet resist upon the Non-performance of it. And therefore it is a Mistake, when you affirm with those Authors you have quoted, that a King, or other Supreme Powers, can ever lose their Right, by going about to destroy the People, much less when they only think their Liberties in danger ,• and I have several Reasons to give you for my Assertion.



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As first, from the common Notion of a Trust; for what is more generally under- V. J.R.p.6. stood by trusting another, than that we lodge oursConcerns with him, and put them out of our Disposal? When I trust a Man with my Life, or Fortune, all Men agree, that I put it in his Power to: deprive me of both: For to deliver any Property to another, with a Power of Revocation, is to trust him (as we fay) no farther than we can fee him. He that can recover a Sum of Money he hath deposited, when he pleases, to speak properly, hath it still in his Custody, and trusts his Friend:no more than he doth his own Coffers; and therefore, if we consult our own Thoughts' we shall find, that a Trust naturally implies an entire1 Reliance upon the Conduct and Integrity of another, which makes us resign up our Liberty or Estate to his Management, imagining them safer in his Hands, than in our own. In short, a Trust, where there is no third Person to judge .of the Performance, (as in these Facts between Subjects, and Sovereign, there is not) I fay, such a Trust includes a Translation of a Right, and in respect of the Irrevocableness of it, is in the Nature of a Gift. So that there seems only to be this difference between them, that a Gift ought to respect the Benefit of the Receiver, whereas a Trust is generally made for the Advantage of him who conveyed it.

And in every civil Society, or Government, under Heaven, that doth not de- B. D. F. p. 8 pend upon another, th§re must be an absolute and uncontroulable Power fixed somewhere, which may irresistibly dispose of the Lives, Estates and Persons of the Subjects within that civjl Society, orG°vernment. For if every Man be- left at Liberty to . dispose of his own Estate and Person, as he pleases himself, then can he pro.mise himself no Protection, but what his own natural Force will afford him; and that will certainly be overpowered at one time or other by others. Without this Trust there can be no Justice^administred within the civil Society; for if every particular Man may be Judge in his own Case, the Right will certainly be asserted on bpth sides, tho' it really can be but in one: No Malefactor will ever condemn himself, nor submit to Justice, if he can, and may resist; and if a War happen, every Man will be for saving his own Goods from the Expence, as his own Person from the Danger of it j and the Consequence must be, that that Civil Society must perish either by internal Disorders, or externalForce.

Therefore this Power is, and must be in one Person, or Body of Men in every U.pag. 9. Civil Society, and is also indivisible: For supposing that it should be divided in the same Civil Society into two, or more Parts; as between two Men, and two Senates, or Councils,without any dependance upon each other, or any third Power, the Consequence must needs be, that they differing, and opposing one another, and having no lawful Power fixed in.either of them to oblige the other to submit, must have recourse to Force and Arms: So that this Civil Society can never rest 'till this Supreme Sovereign Power be reduced again into one. And if you suppose this Power ofjudging, and resisting in the People, or Multitude, the matter is ten times worse; that being a blind, and heady Monster, easily provoked upon slight Occasions, commonly judging false, even in its own Concerns, and as implacable in its Rage, as unfatiable in its Revenge.

To conclude: Whether this Supreme Power be in a single Person, or in a few, or in all, where ever it is lodged, none must oppose, none must resist it ,• nor can any Man assure himself of more Justice, or better Usage from aSenate, or a Multitude, than from a Prince, or single Person. So that this Inconvenience of being liable to have our Lives sometimes taken away, our Persons injured, and our Estates oppress'd by the evil Management of our Governors, is one of those hu* mane Miseries, that, by the Corruption of Men's Nature from the Fall, took Possession of the World, and can never be purged out of it 'till the final Conflagration. And therefore the Advice of Cerialis in Tacitm is always to be remembred, That "Tyrants and evil Princes are to be born with, as immoderate Rains, "and unkind Seasons, and amends may be made by a better Successor:" Since Resistance will not cure, but only inflame the Distemper.

F. You have made a long Speech, wherein I see you have heaped together all that Wit or Interest can produce on the behalf of Tyranny; though I must confess, I did not expect to find you, of any Man, so zealous an Advocate for it. But I forgive it, as long as I really believe,, that only a mistaken Conscience, and not any private Interest, prompts you to it. But that I may take your Speech to Pieces in order to answer it: In the first place, as to what;you fay concerning a Trust, I think you are under a very great Mistake. For no Man, either in a Civil



State, or in that of Nature, ever yet so trusted another, as that, if he abused his Trust, he had not reserved to himself a Right of Appeal. Under all Civil Governments this is notorious, since it is one of the main Businesses of Supreme Courts of Justice, upon Complaints, or Appeals, of Breaches of Trust, to call theTrustees to an Account, and force them to make Restitution for the Wrongs they have done. And whereas you fay, that in the State of Nature, where there is no third Person to judge of the Performance, such a Trust includes a Translation of Right (as in these Facts between Subjects and Sovereigns:) This is likewise a Mistake, though it be true, that in that State, if I trust a Man with my Life and Fortune, I put it in his Power to deprive me of both; and that this Trust naturally implies a Reliance upon the Conduct and Integrity of ahother, which makes me resign my Liberty, or Estate, to his Management ; yet doth it not therefore follow, but that upon the abuse of this Trust, I may have a Remedy ^ against him, who thus breaks this Trust I have so reposed in him. And when

there is no third Person to judge between me and my Trustee, I my self am the sole Judge of the Wrong he doth, me; and may not only turn him out of his Trust, if I rind he abuses it, but may also force him to make meSatisfaction for the Wrong he hath done: So that, if in the State of Nature I trust a Man with a Bag of Silver to keep forme; if he either imbez,els, or runs away with it, Inta^ certainly force him to make me, Restitution, or else enter into a State of War with him 'till he do: And where there is nO common Power over us to whom wtf ^CahAppeal, this Differeitce can no way be decided but by the Sword. And therefof'e'fcb Truft (as in those mutual Facts between Subjects and Sovereigns) can be irrevotable, or include a perfect Translation of a Right; and noTrust cart ever be supposed to be given but with this tacit Condition, that the Trustee doth not abuse it. And you yourself have made a sufficient Difference between, a Trust, arid an absolute Gtft; but granting that a Gift respects the benefit of the Receiver, whereas a Trust is for the Advantage of him who conveys it. From whence it must necessarily follow, that if this Trust be for his Advantage, he hath still an Interest in the thing trusted >, and consequently may call the Trustee to an Account in the State of Nature, and upon Satisfaction denied, appeal to God himself by Battel, or Combat. So that if the Supreme Powers are but Trustees of the People, they may beresisted, when by going about to destroy them they break their Trust. r; 1 :•

But as for the other part of your Argument, that in all Civil Governments under Heaven, there must be anabsolute and uncontroulable Power fixed somewhere, that may irresistibly dispose of the Lives, Persons, &c. of the Subjects. This, tho' it seems a better Argument than the former, yet is all one in effect; for the Question is still, Whether the People ever reposed such an absolute Power in their Supreme Magistrates, or not? I grant indeed, that as far as they act as the Nature of Civil Power requires, they are not by any means to be resisted. But the Question still is, Whether, ✓ when a Prince makes War upon the People, or goeth about to destroy them, there is then any Civil Power in being; and whether the Government be not already dissolved, since the main Endsof Government, viz,, the Good and Preservation of the Subjects, are quite destroyed. And now pray tell me which is most suitable to that prime Law of Nature, the Endeavour of the Good and Happiness of Mankind, that a wholeNation should be enslaved, or destroyed by the boundless WiU of a Tyrant, or that Rulers should be sometimes resisted when they grow intolerably Tyrannical, and abuse their Power, to the total Destruction of the Lives and Properties of their Subjects. So then, if filch an absolute Arbitrary Power in Princes, or States, can never consist with the main Ends of Civil Society, the Peace and Happiness of the Subjects, it is plain, that whenever they are reduced to such a State, they will look upon themselves as again in the State of Nature ; Nor would they have ever quitted their natural Freedom, and tied themselves up from providing for the Security of their Lives and Properties, by such means as they might before have justly exercised, had it not been to obtain these Ends with much greater Certainty by entring into Civil Society, and by fiated Rules of Right and Wrong, to secure their Lives and Properties with their future Peace and Quiet, by surer means, than they could hope for in the meer Stateof Nature.  ■'•.<

For it cannot be supposed that the People would ever confer such an arbitrary miittiited Power &i one Man, or many, over their Lives and Estates, that they »- - * might 

might take them away without any just cause; for this were to put themselves into a worse Condition than themeet State of Nature, wherein they had a Liberty to defend their just Right against the Injuries of others, and were upon equal terms of Force to maintain it, whether invaded by a single Man, or many in a Combination: Whereas by supposing they have thus given up themselves to the 1. T. G.part absolute Arbitrary Power and Will of a single Person, they have wholly disarmed z- fthemselves, and only armed him to make a Prey of them whenever he pleases j he being in a much worse Condition thatj is exposed to the Arbitrary Power of one Man who hath the Command of iooooo Men, than he that is exposed to the Arbitrary Power of iooooo single Men, no Body being secure that his Will who hath such Command, is better than that of other Men, tho* his Force be iooooo times stronger.

To conclude, granting a Supreme Power to be plac'd somewhere, either in a single Person, or in many, yet it can by no means be absolutely Arbitrary and Irresistible over the Lives and Fortunes of the People j for theirAuthority being (as I have already proved in the former Conference) no more than that Power which God hath granted to every particular Head of a Family, and other Freemen at their own disposal, for the security of their own Persons, and the common Good of those whom God hath intrusted to their Charge, they cannot confer upon the Supreme Magistrate any more Power than what God hath conferred upon them before, and and so can be no more than those Persons had in the State of Naturei before they enter'd into Society, and before they gave up their Power to these Supreme Magistrates, viz. that only which God had before trusted them withal. Now (according to your own Principles) no Man is trusted by God in the State of Nature with Hid. t. 355. an absolute Power over his own Life, much less to destroy or take away the Life or Property of another, and therefore cannot convey any such Power to those he would entrust with it. So then if a Man cannot subject himself to the Arbitrary Power of another, neither hath he in the State of Nature such an Arbitrary Power over the Life, Liberty or Possessions of another, but only as much as the Law of Nature gave him for the preservation of himself, and the common Good of Mankind; this is all he doth, or can give up to the Commonwealth, so that if it can have no more than this, itsPower, in the utmost bounds of it, is still limited to the publick Good of the Civil Society.

All which, if duly considered, the rest of your weaker Arguments are easily answered: For supposing but one Prince in iooo Years so wicked as to go about to destroy his People, it will then, whenever it happens, be as much their Right to defend themselves, as if it were to happen every Year. And tho' you assert he could scarce find Means or Hands to bring it about; yet that makes nothing to the purpose; for if he hath no Right to destroy* 30 or 40000 of the Subjects (as you suppose he may by his Mercenary Forces) then that 30 or 40000 may defendthemselves if they can: For when once a Prince hath thus enter'd into a State of War with his,People, who can tell when or where it will end, or can assure himself that he shall not be the next Man that shall be destroyed! And it is very pleasant that you allow the Prince this Power of Murdering to avoid Civil War; as if there could be no War begun unless there be Fighting on both sides; whereas Mr. Hobbs himself acknowledges, the very assaulting or setting upon any Man, to be entring into a State of War with him And sure, I think, to fall upon the People without Cause, and killing 30 or 40000 of them, is entring into a State of War, or else nothing is : And therefore you mistake the Question, when you argue from the Indivisibility of the Supreme Pc*.\xr that it must not beresisted; for the Question is not here, whether it be divisible or not, but whether it be not absolutely dissolved by thus entring into a State of War with the People, whom all Civil Magistrates are supposed to protect when they assume the Government. •

Nor doth this give any countenance to Malefactors or other single Persons, to rise in Arms and defend themselves against the Supreme Powers, when they have offended against the Laws, or that they think themselves injured by the undue execution of them; since such Abuses of Power cannot suddenly, or upon every flight occasion, disturb the Government. And in the case of Malefactors, the Supreme Power is still sure to have all the rest of the People on its side, for their own Security: And in case of iome Murders or Oppressions committed by such Supreme Magistrates on the Lives or Estates of some private Persons, tho' I suppose that even such private Men have a Right in the State of Nature to defend their Lives, and to

recover by Force, what by ### Force is taken from them; yet this Right must first give place to the publick Peace and safety of the Commnwealth, whereof they

are Members, which must not be disturbed for the fake of a few: And of this the People themselves are so sensible, that it is almost as impossible for a few oppressed Men to disturb the Government, where the Body of thePeople do not think themselves concerned in it, as for a raving Mad-man or beady Malecontent to overturn a•weUsettled State; the People being as little apt to follow the one as the other. So On the other side, whenever the People are once convinced that their Governors, instead of protecting, go about to destroy them, it is as impossible for any Man to persuade them not to take up Arms and defend themselves against them, if they are able to makesufficient Resistance. And therefore tho' I so far agree with you, that some Oppressions and Violences may be practised in all Civil Governments whatsoever, since such Abuses will continue as long as Men are Men; yet doth it not therefore follow that the Supreme Powers must always be born withal and never, resisted, no not when they go about to destroy the whole Body of the People.

As. But pray tell me, is it not a very mischievous and unjust thing, that Subjects should be both Judges andParties too in their own Case; since they may pretend that the King goeth about to destroy or ensiave them, when really he does not design any such thing; and would not this bring all things into Anarchy and Confusion ? I sliewed you the fatal Consequences of this at the beginning, but you have not yet thought fit to answer them.

F. I beg your Pardon, Sir, I have been so taken up with answering the main Arguments that you have proposed against this Right of Resistance, that I have not had time to consider this Objection, which is but a Consequence thereof: And therefore in the first place give me leave to ask you this Question; Suppose you were Master of a separate Family in the Indies, and a Neighbouring Prince or Cacik of the Indians should come to kill you, or to drive you out of your Plantation, might you not"defend your self, because you are both Judge and Party too in your owrf Case? Or suppose you should so far abuse this Power of Self-defence, as to pretend this Neighbouring Prince was coming to assault you, when he really was not, and mould therefore (to prevent it) set upon him first, and murder him and his Followers; must your Abuse of this Right, which you have by the La-w of Nature, be a sufficient Argument, that neither you, nor any Man else in the State of Nature, should ever for the future exercise this Right? so neither will the Abuse of these Rights be a sufficient Argument against the Right of Self-defenceagainst the Supreme Powers.

M. I gfant indeed they are not in the State of Nature, but it is much otherwise after People are entered into aCivil Society, or Commonwealth, and that upon your' own Principles; for then they have given up all thatEquality, which you suppose between Men in the State of Nature : For supposing what you affirm should be true, That Civil Government at first began from the whole Body, or major part of the People's making over all theirRight of Governing themselves to one Person, or more, upon Conditions of being protected in their Lives and Estates; they must likewise make over all their Right of Judging for themselves what means are necessary for their common Good and Preservation; after which transferring of their Power, they can never have any Right to meet again in a Body, either by themselves or their Representatives, to judge of these Breaches, ot the Transgressions of those Conditions which they at first proposed and agreed upon with such Princes or Governors. And when the People come once to multiply into a Nation, it is absolutely impossible for them ever to meetaltogether again, and give their Judgment of the good or evil Consequence of the Monarchs Actions, or to come to any Resolution upon them ; so that their Opinion can never afterwards be known, otherwife than by theMurmers of particular Persons, which none can certainly know neither, unless they could speak with everyindividual Person of that Kingdom, which is impossible. But if you will fay, this Oppression needs not be known by Words or Votes, but Actions, viz,, by the People's actual taking up Arms, this mult either be by the -wholePeople all together at once, or at least, the major part of them, or else of some particular Bodies of Men, much less than the whole, or major part: Now the -whole, or major part of a People of a Nation to rife and take upArms all at once, as one Man, is morally impossible : And if any part less than this -whole or major part, (as suppose a -whole Province or City) every such Party or Body of Men so rising, must be guilty of Rebellion, and disturbing the publick Peace of the


Commonwealth, as being but private single Persons, which you your self granted and condemn'd as unlawful. And therefore I desire to know, who shall judge when this Body or major Part of the People are thus assaulted, so that they may justly defend themselves? But indeed this Licence of taking up Arms is not only impracticable, but unreasonable too; for it supposes, that after the People have given up all the Power they had adjudging what was bad or good for the Publick, they have this Power still left in them, which would make them at once bothSubjeSis and Sovereigns, which is a Contradiction. ,

F. Had you been pleased but better to have observed what 1 said the last time I spoke, a great part of this Obj'ectionhad been saved. For I there exprefly asserted, that the Security of Men's Lives, Liberties and Estates, being the main Ends for which Men entred at first into 'Civil Society, and likewise desired to continue in it, as being the only means why Civil Government is to be preferred before the State of Nature, the People neither didor can give up their Right of Judging, when these are invaded or taken from them: And therefore you are very much mistaken, to believe that at the Institution of Civil Society; Men must have given up their common Sensesand Reason too of judging when they are like to be Murdered, or made Slaves of, or their Fortunes unjustly taken from them, by those whom they have ordained to be their Governors: And I suppose you will not say, that they thereby acquire a Power of altering the Nature of things, or of making War, Slavery or Beggary the means of procuring the Welfare and Happiness of the People, any more than they can matt that Hunger or Diseases should conduce to the preservation of any Man's Life: And therefore as the Judgment of these things was obvious and natural to every Man's Senses and Understanding in the State of Natme, so it is as plain, they never intended wholly to give up all their Right of Judging concerning their own Preservation and Happiness, and all means necessarily tending thereunto, but only in such Cases, and concerning such Matters as are beyond the Power, orabove the Knowledge of every ordinary private Subject. Thus in a Disease, tho' I give up my self to the Skill and Judgment of a Physician, yet I do it not so absolutely, but that I still reserve to my self a Right of judging,whether he gives me Poyfon instead of a Purge. And if Princes or Supreme Magistrates were thus abfo~ lutelyinvested with an Arbitrary Power of doing whatsoever" they pleased with the Lives, Liberties and Estates of the People, they would then be in a much worse Condition under Civil Government, than they were in the State ofNature, as I have already proved ; and therefore there is no need of any such general Meetings or Assemblies ofthe whole Body, or Representatives of the People, to judge when these Fundamental Conditions of all Government are notoriously yjolated and broken: Since it will be apparent to every Man's Sense and Reason that is thus aflaulted or injured.

And as for the other part of your Objection, how the People can know when the whole Body or major Part of them is thus assaulted or oppress'd; and being so aflaulted or oppress'd, wh*at number are necessary to justify thisResistance? To this important Question I thus answer, that if such a War or Assault be made upon such aconsiderable part os the People, as may justify this Resistance to be much better for the good of the Commonwealth, than that so many People should be de-: stroyed; Resistance certainly is then lawful: And the reason why every particular Person, when unjustly aflaulted by his Prince's Order, or his Estate taken away by hisunjust Edicts or Decrees, ought not to make any publick Disturbance, only to save the one, or recover the other, I have given you before, viz. because the publick Peace is to be preferred before that of any private Person: Yet even then, such a private Person may very well defend himself, if unjustly aflaulted by Assassinates, whom the Prince, or other Supreme Magistrates, shall send to take away his Life without any just Cause or legal Tryal; tho' I grant he may not sollicit others to rife with him, and take his Part, or help him ta defend his Life or Estate; yet (as a Reverend Dignitary of our Church very well observed) No Man can want Authority to defend his Lifeagainst him who hath no Authority to take it away. But much C' R'f' more, when this Assault or Oppression is either made upon the whole People in ge- 5!; neral, or upon so considerable a Part or Member thereof, as theCommonwealth could not well subsist without if it were destroyed: In all such Cases, I suppose the People thus aflaulted or oppress'd, have a sufficient Right to defend their Lives, and free themselves from that Slavery and Oppression they lie under: And thus the People of Rome might-very well have justified their Resistance of Nero'sIncendiaries,


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when he sent to burn the City, tho' they had been his own Guards. We read likewise in the Hist. August, that the Emperor Caracalla, the People happening to laugh at him (for his Folly) in playing the Gladiator in hisCircus.M^ximiis,. sent his Guards to kill them : So likewise in Herodian, that upon another supposed; Affront, he sent his Pretorian Bands to murder most of the Inhabitants of Alex-, andria, who came out to meet him with asolemn Procession. And I suppose no rational Man will deny, but that if the Citizens of Rome or, Alexandria ;had, had Arms in their Hands, they might have lawfully defended their,- Lives against these Murdering Guards; for I think it was much better that those,, should be destroys d u who were the Aggressors, than that so vast a Body oilnmeent Peopleshould be made Sacrifices to the unreasonable Passion or Revenge of $ Cpiel 'Tyrant. So thar, when the Oppression or Violence to Men's Liberties and Properties is gem-al and a notorious, and affect the -whole Body of the People; I do then suppose, that a.njy Part of them that are sufficient to defend themselves, may do it;..till they can find Assistance, either from the rest of the People, or else from some Foreign Prince or State, who will vindicate their Cause and come in to their Assistance. And thus Vi. Meteranl we read the Town of Brillin Zealand, under the Conduct of the Count of Mark, Histor. first revolted from the Tyranny of the Duke ofAha.; which Example was afterwards (tho' not immediately) followed by most of the Cities of Holland andZealand; and the Courage and Resolution of this Count, as also, of the Citizens of this Town, is highly commended by the Historians of that Time, for so nobly •venturing their Lives and Fortunes to redeem their Country from tjiat Slavery it then lay under, till at last they were relieved and assisted by Queen Elizabeth, to whom the United Provinces owe that Freedom they now enjoy. f

M. I shall not now dispute with you, what Right the States of the United Provinces might have to resist theTyranny of the Duke of Alva, then Governor for the King of Spain; since Grotius, and most Writers which are not of the Spanish Faclion, suppose that King to have had a Conditional Right of governing those Provinces,according to their own Laws and Privileges, from the very first Institution of the Government; and therefore not being an absolute Monarch over them, he might welL be resisted upon the Breach of those Conditions. But this is not the Cafe now in hand, since we are now discoursing of absolute Monarchies or Commonwealths, who being invested with the Supreme Power by the Consent of the People (as you, suppose) and therefore may have by their Consents (whether forced or voluntary, it matters not) according to your own Principled, a supreme unaccountable Power over them: And in the first place, I can dew you how a Man may make over all the Power he hath in his own Person irrevocably to another; as when a Man sells or grants himself for a Slave to another by his own Consent; who when he hath once put himself into this Condition, his Master hath an absolute Property in his Person, and an indefeasible Right for ever to his Service; so that notwithstanding all the cruel, harsh and unreasonable Usage he may meet with from his Master, he can never regain his Freedom without the Consent of his Lord: And this I take to be an uncontested Truth, agreed on by the Laws of Nations, and established by thePet. Ep. 1. c. Law of God. Thus St. Peter chargeth those who are in this State of Servitude, ta 2. -j. 18. hesubjectto their Masters with all Fear, not only to the Good and Gentle, but also to the Froward. So likewise St. Paul, in both his Epistles to the Ephesians and Colcfflans, Ep. 6. -j. 5 commands Servants to be Obedient to them that aretheir Masters according to the Flejh, Sec. Col. 3. 22. And that this particularly respects Slaves, appears by the 8th Verse of - the 6th Chapter of the former of these Epistles.

So that if a Man may thus make himself a Slave or perpetual Servant to another • by his own Consent, I cannot see any Reason why a whole Nation may not do the

same, and deliver themselves up to one Man or more, to be governed and treated both for their Lives, Liberties, and Fortunes at his or their Discretion; so that tho' he may perhaps abuse this Power to the severest Tyranny orOppression; yet havu they no Right to shake off this Yoke, or to resist him, since their Lives and Fortunes are wholly at his Disposal by their own Atl and Consent. And that whole Nations may justly surrender themselves forSlaves or absolute SubjeEls, I can give you two Examples approved of by God in the Scriptures: The first is that of the Egyptians, who, when they had fold all their Goods, and Lands, to Pharaoh for Bread to keep themselves alive in the seven Years of Famine we read of in Genesis, you'll find they were afterwards such absolute Servants or Slaves to Pharaoh,

... ..

TA<«
cti> for the People, he removed them to Cities, from one end of the Borders of Egypt, Ge"-
47«
even to the other end thereof; only the Land of the Priests bought he not, &c.
The other 22<
is that of the Gibeonites,
of whom we read that they accepted of their Lives from
Joshua and
the Elders of
Israel;
tho* on the condition of the greatest Slavery, ra-
ther than they would venture to be destroyed: So that if absolute Monarchy were

not lawful, but contrary to
God's Will and Institution, most of the greatest King-'
doms in the World would be governed contrary to
the Laws of God and Nature; and
the SubjeEis of
all the Kingdoms from France to China (not
reckoning those of
Africa) might
immediately, if they were able, rebel against
their Monarchs, and
set up what sort of Government they thought fit, since none of the Subjects in
those Kingdoms hold their Lives, Liberties or Estates by any other Tenure,
than the good Will or Pleasure of the Monarch, who may take away all, or any
of them, as often as he pleases to do it, and that without any right of Resistance in

all or any of their Subjects, let
them use them never Ib severely.;

F. I cannot deny, but what you fay is so far true, that one Man, or many together, may grant or sell themselves for Slaves by their own Consent; and that the Persons who thus make over themselves, have afterwards no Right or Property in any thing more than a bare Subsistence; yet that Servitude is not by the Law of Nature, but only brought in by Custom, or the Law of Nations, as all Writers agree, and is so far lawful, because it tends to the good and preservation of Mankind, that Prisoners taken in War should rather be kept as Slaves than immediately slain, or that Men compell'd by extreme necessity should sell themselves, or their Children, rather than both should :perish ; and therefore it is no wonder that the Apostles, who were not sent to alter the State of things in the World, or to entrench upon any Man's Civil Rights, should command Servants or Slaves to be subject to their Masters, tho* Unbelievers: Yet doth it not .therefore follow, that when Men are forced to give themselves thus up to the Power of another* they likewise give him an absolute Right over their Lives, so as that their Masters may take them away whenever they please; for that was more than they ever had over themselves; nor doth God confer any such Power upon Masters: And therefore if the Master hath no such absolute Right or Property in the Persons of his Slaves, as he hath in his Sheep or Cattle; I see no reason why . even Slaves, if their Masters go about to take away their Lives for no other Cause but to satisfy their own Humour or Passion, may not (if they cannot otherwise escape) resist their Masters, and save their Lives if they can: For all Writers agree, that if a Master doth so so inhumanly abuse his Slave, that he can no longer endure it without danger of his Life, he may in that Cafe lawfully r««, away and escape * from him; and why he may not as well resist him to save hi? Life, when his Master goethj about thus unjustly and without any cause to take it away* I can see no.reason to the contrary; since it was only for the saving his Life, that ..such a Man could ever be supposed',to yield himself a S/ave to another.; and which Condition being broken on the Master's part, the Semant is a£aia;jLn the State of Nature, and theRelations Master and servant so farceases, ori^^t least suspended during that. Violence. -r\ . . . ...jr-j . rr!1 .... -.' .'" ~.;Y:.

This being the State of particular,J-cannot think that God hath put whole '*

Nations in a worse Conditionsnor can I imagine that any whole Nation, unless urged by some extreme necessity,would ever give, up themselves so absolutely for Slaves, as not to have any Right to defend their own Lives, or a.Property ih. any thing they can enjoy; and if ever they, could be supposed to have done so> I think I may » boldly affirm, that such a. >Jition are not Subjects, but Slaves; anjd the Prince not a Monarch or Civil Governor,but only a Lord of a. great Family, ox Master of a publick Work-house. ,« hnn j.tiii -., i ;o r- r.'.j „I v 'j ffts ;:< . EoiTil take the.difference between Subjects or Slaves zxiA, Princes and Masters of Families to consist art this, that/, the Power of a Princg is chiefly ordained for the good and preservation of his Subjects, tho' I grant his-ownmay likewise be included in itasan Encouragement and.Re^atd fpr, his Labour; yet not as the principal End:'o£bisLiJlitum)f. i whereas in a Family of Slaves, they are chiefly ordained for his s rofit or Benefit that maintains them:; but their Happiness and Preservation is only' accidental/and as it may conduce to that. The main End also of Civil Government is to\institute*and maintain a distinct Property in Men's Estates, and whicjr the Prince or Commonwealth can have no Right to take away. And therefore thoJ.I grant: that in those Defpotick Monarchiesyou mention, the Monarchs do fc..: I Q, 2 '. * exercise

exercise an absolute Arbitrary Power over the Lives, Liberties and Estates of their Subjects; yet that this is byDivide Right or Institution I utterly deny, or that it was always so in all of them from rhe beginning; for most of those Empires you mention can no otherwise subsist, than by a constant maintaining vast Standing Armies orGuards to keep their Subjects in Obedience.

Nor can any Governments be of Divine Institution, which are exercised with a file RespeEi to the personal Power and Granduer of the Prince, rather than the good and preservation os the People: So that if you will but survey the Account* that Travellers give us of those Eastern parts Of the World, you will find that there are no knownsettled Laws or Propertiesr in those Countries, except at the Arbitrary WiUoi the Monarch or his Viceroys: And thus all those rich and fruitful Countries of Egypt and Asia, which formerly flourished in all Arts, Knowledge; and Civility, and abounded in Multitudes of People, are now, in most' places, reduced to meer Defarts, and do not breed a tenth part of that Number of People as they did in former Ages; which proceeds from no other Cause but the Cruelty and Injustice of the Government, quite different from what it was in the time of the Roman Emperors, who, tho' I confess they were in some sense absolute too, yet governed by, and were obliged to observe knownLaws; and the People had a settled Property in their Estates, which the Prince had no Right to take away »" I shall not enquire how all these Monarchs came to be so Arbitrary at first, and thus to abuse their Power ; but the Generality or Antiquity of this Abuse can be no more a Plea for its Right, than that because Idolatry was generally practised throughout the World within three or sour hundred Years after the Flood, till three or above four hundred Years after Christ; therefore Idolatry was the true and ancient Religion of the World. 1" ■ "' -»;«..•

Now, tho' I will not condemn this sort of Government,- where the Subjects* enjoy nb settled Property in Lands or Goods as absolutely unlawful, and directly contrary to the Laws of God or Nature: Yet in those Kingdoms and Commonwealths, where Civil ot Hereditary Property is once introduced, T think it is not lawfol, nor indeed in thepower of the Prince or Commonwealth to- destroy or take it away: And therefore if the Roman Emperors should have endeavouwdj by'any Laws or Edicts of their own making, to have destroyed all Civil or Hereditary Propertyin Lands and Goods, and to have reduced all the Estates of their Stibjects into their own Possession; I think they might have be'en lawfully disobeyed and resisted by the People, since they went about to destroy one great End of Civil Government, viz,, the instituting and maintaining of Civil Property. '• £

To conclude, I freely grant that in all Countries which are governed either by absolute Monarchies orCommonwealths, the Soveraignty is so fully in one Person or Body of Men, that it hath mdther Bounds er Limitsunder God but its own Will or Commands, provided they do not apparently tend to the absolute Ruin&ndDestruction of the People; for that being inconsistent with the Notion or End of goverhfcg them, they ate, and ever will be Judges of it : And therefore even amongslrÆhe Turks and Tartars themselves, if they mould Oncfe iffnd their Prince go about wiifully to destroy them, or sell them for Slaves; you would soon find (notwithstanding this servile SubjetHon) that they would quickly be rid of them, as the Janizaries have served their Emperors of late Years for far less Faults.*'^- -.• M ».m.v,\'

M. I cannot deny but you have spoken reasonably enough on this Subject ;-land perhaps if youhad restrainedthis Power -of Resistance only to such Cases where the Prince or Monarch makes open War upon his People, or doth otherwise afkta£y$p about to destroy;them, it might have been'a: tolerable Doctrine that they'may /awfullyresist the threes he shall send against them; but this isa Case that so seldom happens (if ever at all) that it can never be supposed, and no Prime, -tiniest he were Mad, can be guilty of it; and therefore whenever he acts thus*; I thinfahe may not only be lawfully resisted, but tied us for 'a 'Madman : But-rhis is seldom or never the Case between Monarchs and thdr People, for most ofthciWWfow and \fofuneSiions that I have ever read of, or observed in the World, have not proceeded from zwy necessity that the People had to rife up in Arms and rebelagainst their vS^ preme Magistrates, because their Lives ot Estates were aslaulted^orUn' danger to be taken away; But for the'most pare they arose either from the^at\ great Cruelty or Severity of the Supreme Power towards some particular private Men, who by themselves, and their Friends and Relations/have gone about to revenge those Injuries that they supposed had been done them: And of this ill Histories are so full, that

£ I I need I need give no particular Instances of them; all which Abuses mzy be reduced to these Heads; First,When a Prince doth commonly himself* violate the Chastities of the Wives or Daughters of the Subjects, which thV it hath been the Ruin of diverse Princes, yet is he able to do this only to some few particular Persons: And tho' if he should permit his Soldiers or Officers generally to do this without any Punishment; yet even this can hardly, if ever, extend to all the Wives, Daughters or Women in a whole Country : And therefore both these Cases are to be bom with* \ al, according to your own Principles, since it doth riot tend to the Slavery orDestruction of the People, I mean, as to their whole complexed Body. A Second is, when an absolute Prince or Monarch goeth about to alter the established Religion of his Country, and to introduce a different one by his ownsole Authority, whilst the major part of the People continue of another Opinion. In this Cafe I suppose you * will not affirm that the Subjetls have a Righi tcxresift their Prince for so doing : For then the Romans might justly have rebelled agamic Confiamine, when he shut up the Heathen Temples, andforbad all publick Sacrifices to their Gods, and thereby made the Christian Religion: Che establijhedProfession of the Empire.

JO But pray Sir give me leave to interrupt you a little might not Constantine have a Right to do. this, because the Christian Religion is the only true one; and that the Idolatry the Romans then practised, was against the Lawof Nature?

As. Whatever weight there may be in this Answer, yet you have no reason to pat this Question now, since you have already, viz.. at our first Conference, asserted that an ErroKesm Conscience puts Men under an Obligation to follow it, during the time they are. under this ignorance of the Truth: And therefore if the Roman Emperors hadnot a Right to do this by their own Authority, without any Resistance; she SubjeBs, whilst they believed the Worship of theit God to be thereby destroyed,, might, nay ought to have resisted the Empeior, rather than to have suffered him to have akered-the ancient Religion of the Empire, and to have brought in another, which they look'd upon as an upstart; and it is very natural for Men to do so, since nothing ought to be more dear to them thah the Worship and Honour of God. ■' ', ,

J3 I do not desire at-present to embark my self in this tedious and troublesome Dispute about the Authority of the Supreme Powers in Matters of Religion; and therefore I shall fay no more to it at present. But if your Assertion be true, that an absolute Monarch may set up what Religion he pleases, without being resisted by theSubjects, whom I suppose to be of another Persuasion, it will then follow, that if the French King or Emperor ofMuscovy should turn Mahometan, and should set up that Superstition by Force, for the Publick and National Religion of the Country, tho" with the Destruction of atl that should oppose it, none of their Subjects might resistthem info doing ; and if so, I desire you to consider what you have gained to Religion, by thus assertingsuch anunlimited Prercgative to all Monarchs. But laying aside this Dispute till another time, I pray go on to the rest of those Cases in which the People do take upon them to resist the Supreme Powers., .

M. I shall comply with your desires; and therefore a third Pretence of Subjects to rebel, is when. I the SupremePowers shall think it neceflary to levy upon their People more heavy: and grevious 7<**« and Impositions than the People are willing, or it may be, able so pay. Now if your Principle be true, that they may rife in Arms andresist the Supreme Powers, whenever they think themselves thus intolerably oppressed; arid if ihty shall be.JbleJudges of this Oppression, then all the Rebellions that ever weBcmade in England or elsewhere, by reason of such excessive Tributes or Taxes, would.be lawful; which would be a perpetual ground of Anarchy and Confusion ; forprivate Subjects not being admitted into the Privy Councils of Princes Ot States, can nevet be supposed to understand whether the necessities of the Commonwealth nfay^ require them or not: And indeed the People do so often repine and murmur at • the Government, when the publick Necessities require to impose greater, "taxes otGabels than they think they can well bear; that the Mobile of any great City or PrcmnvA, for Example, who think themselves thus oppressed beyond ■what they areabitt^ or perhaps willing to bear, may rise in Rebellion, and throw off all Obedience va CivilAuthority.;, and they may have a very good Pretence for it, according to you* Principle, because they may look upon themselves as a •very considerable, nay necessary part of theCommonwealth. And thus the common People of Kent might have justified their Rebellion in Richard II s Time under Wat lykr and Jack Straw; and the People of Devonshire and Somerset/hire might like

wise have justified their Insurrection in Henry VII's Reign under Flammock the Blacksmith: And I could mention others of the like nature; but I forbear, because you may say they were upon account of Religion. And Lastly,This Principle might very well justifie the Insurrection of the common People of Naples, under MaJfaneBo,which, besides the vast spoil it made upon the Goods and Palaces of the Nobility, ended at last (whatsoever they pretended at first to the contrary) in delivering up themselves to the King of France, who refusing to protect them, they were soon reduced to their former Obedience to the King of Spain.

In sliort, if the People should take upon them to Resist or Rebel whenever they thought themselves intolerably injured and oppressed in their Estates by immoderate Taxes, there would be no end of such Rebellions, especially considering the advantage which Wicked, Crafty and Ambitious Men would thereby take to excite the People torife and depose their lawful Governors, and set up themselves in their room, upon pretence of better Government and greater Liberty; and how prone the common People have been to receive such Impressions, he is but meanly skill'd in antient and modern History, who is not convinced of it. :-<

F. To answer this Objection before you proceed farther, my Opinion in sliort is, that tho* Taxes may often prove an Universal Damage, and a great Impoverifliment to the Subjects; yet if they are such as may be born with less trouble than can follow from a Civil War, or the Change of the Government, there is no just or sufficient cause of Resistance of the Soveraign Magistrates Commands or Edicts concerning them. As for Example, such great Taxes as the Subjects pay, and perhaps may bear it well enough in Holland and other Countries, since there may be a necessity for such Taxes; and of this I grant the Supreme Authority of the Nation can be the only Judges ; and how far this may extend I cannot positively determine; for suppose you should ask me, if the SupremePowers should borrow all the ready Money the Subjects had, for the necessary uses of the State, so.thatthey would give them Leather or Brass Money instead of it, to go at the fame Value, for the neceslary uses of Commerce; yet if they did not take away their Property in their Lands, Corn, or Living Stock, which are the necessary means of their Subr sistance; I do not think it were a sufficient Cause to take up Arms against their Governors for so doing; because the Subjects cannot tell but that the necessities of the State (for their necessary defence against a PotentForeign Enemy) .may re? quire it. And sure it is a much greater Evil to fall into a Civil War, ot to be subdued byStrangers, than to part with their Money ,• since by such a War or Conquest, they might not only lose that Money, but also their Liberties and Estates. .... '.: :■- .> '\ u:'<j

Yet on the other side, I would not be understood to give the Supreme Magistrates a Power to invade the Properties and Estates of their Subjects to what degree they thought fit; for then they might tax them to that extremity as might, force them to fell themselves and their Wives and Children for Slaves, or else being unr able to pay, must be forced to run away and leave their Habitations' (as the Peasants often do in France) whereby whole Villages, nay Towns, may become depopulated, as they are in divers parts of Italy and Turkey, by such extraordinary Severities; and therefore in absolute Monarchies, where there is no. Nobility, -Gentry nor Yeomen, who can claim, any Property in their Estates, which with us make up. the best and most considerable part of the People .; and where the Government being wholly Military, is exercised over the People only by force of Arms; I doubt not but such a People, reduced to this Extremity, . may not only -quit the Country where they are thus intolerably oppress'd, but chat if they are not of themselves strong enough to make Resistance and cast off this intolerable Take by Force, they may (if an occasion be offered) join with any Neighbouring Prince or State that will undertake their Quarrel; and upon this Account, I think we may very well justify the Revolt-o£the>GreekChristians from the Ottoman Thke, and putting themselves under the Protection of the Venetians, both in the,Morea and other Places; and also upon the fame Principles, I conceive the common People of France, who are reduced to the like Extremities, might also with a safe Conscience revolt from the present King, and put themselves under.the Protection of the Prince of Orange, our now present Soveraign, or the States of Hu&md^.i£ever they should be successful enough to make any considerable Invasion upon that Kingdom. • / <. • - ;;'- —>~'.~o~c..



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And therefore I must confess, that there can be no certain and stated Rule set down, to what Proportion absolute Princes or Commonwealths may tax their Subjects since in some Countries the People can better part with a Shilling than in others they can pay a Penny. And as I grant it must be left to the Mercy and' Discretion of; the Governors what Taxes to impose without thus ruining and destroying their People, as it is left to the Judgment of the Owner of the Beast, hpw much Burden it is able to bear : So if he, by laying too great a Weight, breaks the Back of his Horse or Beast, he not only hath the Loss, but makes himsei£;the.I^ug^ his Neighbours. So that tho' I confess the People

ought to, have patience, and rather to suffer many Oppressions and Hardships, than to put themselves in this miserable State of War; yet there is a Midst in all things, and tJieJPeppI^ .may be so cruelly of pressed by Taxes,and other Impositions^ as 'ft7^(tm^ossibl.e for them longer to subsist, or provide Necessaries for themselves, and, their Families: And ^sice u have already granted, that the Jfccjple may judgewherUbeir Prince makes War upon them, and goeth actually a.^Out to deffrtw theml by the Sword, I cannot fee why they may not have the sara£ Right 'of/judging when they are like to be destroyed by Famine too. And •w,ho can be judge of this, but those who feel it?

But indeed it is mofalfy impossible for the People to be mistaken in so plain a Case: Eor thp' this many.-headed Beast (as you commonly call them) the Peoples cannot argue very subtilly of the future Consequences of things, yet they have a very nice ana tender Sense of Feeling, and can very well tell, when they are so injured and oppressed, that they can bear it no longer: For then sure they may fee ^liowed to have as much Care and Sense of their own Preservation, as Camels and Dromedaries, which (as Travellers relate) tho* they are taught t>y their Masters to kneel dawn, and to receive their Loads, which they will patiently endure as long as they aije able to bear them; yet when once their Masters do over exceed that Weight, neither fair means nor foul can prevail upon them to rise, or they will throw off those Loads, if risen, that they feel will otherwise break their Backs. But I have discoursed long enough on this Head, and therefore if you have nothing more material to except against it, I pray proceed to the rest of the Causes that Subjects may, as you think, pretend to have to take up Arms against the Supreme towers.

M. I have somewhat more to urge towards proving that this Liberty, which you allow the Subjects, wholly tends to Anarchy and Confusion; but I shall reserve it to the last, when I shall sum up all that I have farther to urge upon this Subject; and therefore I shall proceed to the other Pretences that Subjects in absolute Monarchiesmay make to rebel; and the next may be, that the Monarch looking upon his Subjects as his Slaves, may either use them so himself, or sell ,t . them toother Rations for that purpose, as Monsieur Chardin tells us, the King of vi ~hJo. Mingrelia often doth diverse of his People to raise Money. And tho' I will hot be Ch*. in's so ridiculous as to suppose that such a Monarch can sell away all his People at ¥r*w1t /. i pnee, for then he should be left alone without any Subjects, and consequently become no King; yet in such Monarchies as diverse of the Eastern andAfrican are at this Day, where (as you your self own) the People have no Settled or Here-, ditary Property in their Estates, the Monarch may dispose of their particular Persons as he thinks fit; J cannot see any reason why the' Monarch may not in in these Countries, without any blame, exert his Prerogative if he pleases, and take as many of his Subjects or their Children to serve him as Slaves, as he thinks necessary for his Service.

And therefore whatsoever People or Nation have thus subjected themselves to the absolute Power or Dominion of one Man, they have no more right to regain their Natural Liberty, than I should have of taking away any thing by Force which I had before given or granted to anotherfor this sort of Civil Servitude is not so repugnant to Nature as some imagine; or that because Subjects were forced to consent to it for the avoiding of some greater Evil, they can afterwards have any right to shake it "oft* again whenever they will: For tho* I grant that God hath not instituted any such Servitude; yet when once it is introduced in any Country, Men are not at Liberty to cast off the Yoke whenever they please, but to observe St. Paul's. Rule, 'If thou art a Servant, care not for it; but if thouart Free, chuse it rather; that iji, Fieedomxs to be preferred before Servitude or SubjeBion. _But where Providence hatli .made Men absolute Servants or Subjects, they are

*" ';'- bound

bound to continue in that State, unless the Supreme Powers they 'are under think fit to release them from it; and therefore this can be no good Pretence under absolute Monarchies for Subjects to take up Arms against .their Prince, for such a State of Liberty which they never enjoyed. y.' \

F. I shall not trouble my self to dispute what Right an absolute Monarch may have over the Persons of his People, in a. Country where they have no Property; nor written Laws, and where they look upon themselves as no better than Slaves; * to their Prince, and perhaps may take a Pride in it (as I have read the Russians; do.) And therefore if they have so wholly submitted themselves, I grant what; you assert is true, and that they have no Right to Resist, according to the old Sayf> ing, Volenti non fit bijuria. And yet even in these DefpotickMonarchies, tho' the Prince may pick out here and there some of his Subjects to fell for Slaves, or else" to use them as such himself; yet I do much question, if he should go about to make7 any considerable Number (as suppose to take 20 or 30000 all at once for Slaves) I lay, I do much question whether these People would be so convinced of your Principles of Passive Obedience and Non-resistance, as to let their Monarchs Guards drive them into Slavery, like Sheep to the Market, but would, if they were abtejmake a vigorous Resistance, and knock their Drivers on the Head. Whether Jurii vel Jnjuria, I shall not dispute.

But for all this, even in absolute Monarchies, where the People have a settled legal Property in their Lands and Estates; and consequently where their Persons are Free, I doubt hot, if their Princes should go about to make all his Subjects Slaves, but that they might lawfully resist him, or those he employs in so doing. And tho' it be true he could not make all his People Slaves at once; yet if he asserted it as a part of his Royal Prerogative, and also exercised it on particular Persons as often as he thought fit, or could, I doubt not but the People might make Ie a common Cause; since none can know whose Turn it may be next; for sure Liberty from Servitude is as necessaryto Mans Happiness and Well-being, as Life is to hit Existence; which would seem no great Benefit to those, who being Born Free, Martial, were reduced to Slavery; it being well said by the Poet, Non est vivere, Sed valere vita.

And tho' the Roman Emperors did exercise an absolute Power over their Subjects, yet I never read that they durst presume to make Slaves of Free-born Romans; nor . indeed of any of those Nations they subdued; for they had too great a sense and love of Liberty themselves, ever to impose such a Yoke upon the People theyConquered, which was so destructive to the common Happiness and Preservation of Mankind. And I suppose if the French Grand Seignieur, as Absolute as he is, .or pretends to be, should go about to sell his Subjects (especially the Nobility) for Slaves, all that the Jesuits (those Instruments of Slavery) could do, would nor, I believe, be able to keep that People from rising against him. But if you have nothing farther to object against what I have now said, I pray proceed to the next Head, if you have any more Instances to make.

M. I am now come to the last Pretence that Subjects may make to Rebel, and that is, supposing the Monarchshould at oncej or by degrees, turn the Subjects out of their legal Hereditary Properties in their Estates; and of this you your self grant there can be no Dispute in those Defpotick Monarchies, where there is no HereditaryProperty allowed: And as for all other Governments, since you do own that all legal and civil Property in Lands did chiefly proceed, or at least is established by the civil Power, I cannot see why those Powers in any Kingdom (if they think it would conduce to the good of the Commonwealth) may not destroy this civil Property, and either make all Estates equal, or else ordain that they shall be enjoyed (as in all absolute Monarchies) at the Will of the Prince ; since if the Supreme Powers arc the Author of this Property, sure they may alter and abrogate it again as often as they think fit.

F. I shall not dispute with you concerning such Kingdoms where there is no civil Property yet instituted, or where the People do own themselves Slaves to the Prince; but if such a Monarch hath remitted any'thing of thisRight, and hath instituted a legal Hereditary Property in Estates; such a Law being once made, / dt not think it isin the Prince's Power to revoke it, any more than it is fora Master to reduce his Slaves again to Servitude after he hath once set them free; since both Men's Liberties, .or a settled or Hereditary Property in Estates, do equally conduce to the'Happiness and Propagation of Mankind, and the Good of that

People People or Nation Wherein it is introduced: And I doubt not but Pharaoh, tho' he was Lord of all the Lands of Egypt, by the Grant of'. the Egyptians, yet might lav* fully have been resisted by them, if he had gone to take away those four fifth Parts of the Profit of the Lands which he had left them Free by his own Con

"so that even in such absolute Empires, the Monarchs have Power to dispose of the Estates of the' People only, as far as the Compact or Concession at first made by them or their Predecessors do aHow. And it is also not much otherwisei where the Subjects do not acknowledge their Estates as the Gift or Benefit of the Supreme Powers:And that may happen chiefly too ways, either. When any Free People, under the Conduct, of a Captain or Leader, created by themselves, have Conquered any new Territory and Habitation j or else, Secondly, When divers Fathers or Masters of a Family, who had Estates of their own before, have agreed for their mutual Security, and the quiet enjoyment of what they were already posscss'd of, to joyn.together into oneCommonwealth, under the Command of one or more Men; or else of others that will bring their Estates, and joyn themselves to such a Government already Constituted, and will subject themselves to this Supreme1 Power,according to the Conditions already agreed on amongst them. A 'Third C_a(c may. be, When an HereditaryProperty in Land was establish'd before the Monarchy began, as in the Roman Commonwealth, this Property was establish'd before the Government was changed from a Reputlkk to a Monarchy 3 so that the People did not owe their Property to the Emperors Grant or Donation.

In the former Cafe, if such a F ee People conquer a Country under the Conduct of a Captain or Leader; tho' I grant such a Country may be assigned by him to all the People by Lot, or in proportion to the greater Merit or Service of his Fellow Adventurers or Soldiers (tho' it may seem that the Property of particular Men may have proceeded not from their own Right or Possession, but from the Assignment of their chief Captain or Leader) yet are not the Estates which such particular Men enjoy, to be look'd upon only as the meer Grace or Favour of such a Prince; since most of those who followed him in this Conquest or Expedition^ did it not as Subjects, but asVolunteers, and without whose assistance he could never have Conquered at all ;; so that they thereby acquir'd to themselves'a certain Portion or Share in the Land so conquered; tho' for avoiding Dissensions and Quarrels amongst them, it was left to the disposal of this new Prince, as a publick Trustee, to distribute to each Person what Share he mould have. But in the other Case, when Fathers or Masters of Families, before Free and possest of Hereditary Estates, do submit themselves to the Command of one Man: Voluntarily or by Election, those Estates do much less depend upon the Will or Favour of that Prince- And therefore, if such a Prince should, without .their Consents, go about to take away their Property in theit Estates, he might very justly Be resisted by them, since a quiet enjoyment of these in Peace and Sasety, was one of the chief reasons that made them chuse him for their Prince, and was certainly one of the Original Compacts of the Government. <

And that in absolute Monarchies, where the Subjects were not Slaves, they look'd upon themselves to have.such a settled Property in their Persons and Estates by Compact, that Seneca boldly pronounced, Errat, fiquis existtmattutumeffeibi Regem, I- rtc 'lfRege''mum eP 5 ,Secur'u*! Seatnmu mutua pacifeenda est. And Mr. Hobbs himself, as much a Friend as he was to the Arbitrary Power of Monarchs, and an Enemy to the Natural Rights of Subjecls,yet is forced in his Leviathan to confess, that the Riches^ Power and Honour of a Monarch, arise only from theRiches, Strength Taf q6 and Reputation of his Subjecls ; for no King can be Rich, nor Gloriom, nor Secure, whose^Subjects are either poor or contemptible. Tho' how this Riches and Strength of Subjects can consist with thatabsolute .Power which he gives his Sovereign over the Perlons and Estates of his Subjects, I cannot understand; since he will not allow of any Compacts or Conditions between him and them. But that their Propriety may very well consist with the Power of the Prince, Seneca (hews us j Jure Civili (Jzys he) emma Regis funt, & tamen iliaquorum ad Regempertinet univerfa poffejsto m pnguhs Dommos dijeripta funt, & unaquaque res habet pojfefforemfuum. Itaque dare wgi, CT donum, & mancijjum & pecuniam poffumw, nec donare illi de fuo dicimur. Ad iugesenim Potcfias omnium pertinet, adfingulos Propriety. And the Earl of Clarendon, "1S barvey of the Leviathan,makes this excellent Remark upon this Passage of

R

Seneca: And that Prince who thinks his Power so great, that his SubjeEis have nothing to give him, will be veryunhappy, if he hath ever need of their Hands or their Hearts. So that notwithstanding this universal Power, or supereminent Dominion of the Emperor over all things, which Seneca there supposes; yet if he mould have gone about to have invaded all Mens Properties, and reduced all Mens Estates into the publick Treasury, I doubt not but he would soon have had not only his own Legions, but the whole Empire about his Ears. And tho' 1 have heard that the B ench King doth by his exorbitant Taxes and Gabels raise more Money out of the Kingdom ofFrance, and the Territories annexed to it, than the Ottoman Emperor doth out of that vast Empire (of which he hath the sole Propriety of the Lands in himself) yet if the French King should endeavour, by the Power of his Standing Army, to tak« away all Mens Hereditary Properties in their Estates, and make them all to be holden at Will, I doubt not but he would not only be opposed by his Subjects, and perhaps ruined in the Attempt; but also, if he should succeed in it, would be so far from being the richer,- or more powerful, that he would become the poorer and weaker, when he had done: Since no Man would take the pains to build, till, or improve their Estates, any more than they do in Turkey, when they were not sure how soon they might be turned out of them, or at least could hold them no longer than for their Lives, or a few Years. So prevalent a thing is this empty Shadow and bare Name of Property that is now left in France (being often charged with Taxes to above half the Value of the Estates) to encourage the People to beautify, cultivate, and improve a Country abounding with all those Riches that Nature or Art can produce.

And to let you fee I am not at all partial, I think I may safely affirm the same of the Legislative Power in this Kingdom; so that, if it should happen (which tho' highly improbable, yet it is not impossible) that the Lords and Commons assembled in Parliament should so far abuse the Trust reposed in them, as to give up all their Civil Properties in their Estates into the King's hands, to be disposed of as he should think fit, and that the King should thereupon go about to turn all the People out of their Estates, I doubt not but they might - in that case 'resist the King, if he went to do it by force, notwithstanding this Act of Parliament: And my Reason is, that a fettledHereditary Property in Estates being as antient, if not more, than Parliaments themselves in this Nation, must consequently be a fundamental Law of the Government, and so cannot be altered by its Representatives. For tho' it be true, the People have given them a Power to dispose of what Part of their Estates they should think fit, yet did they not make it absolute, to extend either to their Liberties (I mean in respect of Slavery) or their whole Properties in their Estates. And if the King may be resisted, if he invade them by his own sole Authority, the Reason would be the same why he might be also resisted, tho* back'd by an Act of Parliament; since the taking away of Civil Property would prove as destructive to the People's Liberties and Happiness in the one case, as in the other, and as great an Abuse of the Trust reposed in them that were designed to protect it, ... ...

M. I cannot except against your Distinction between those Governments, where a Property in Estates did precede the Institution of the Government it self; for there, I grant, that such a Property may be a fundamental Law of the Government; but in those Monarchies that have begun by Conquest, under the Command of a King or absolute Prince over an Army of his own Subjects, in that case, upon the Conquest of a Kingdom or foreign Nation, not only the Prey or Goods of the Vanquished, but also their Estates, were forfeited to the Conqueror, who had a Right either to retain them for himself, or else to distribute them as Rewards amongst his Officers and Soldiers. And that this is the Right of all Conquerors, whether Commonwealths or Monarchs, by the Law ofNations, and was exercised amongst the antient Greeks and Romans, as well as other Nations, I refer you to your own Authors, Grotius and Puffendorf. And therefore, since it appears from History, that most of the Kingdoms now in Europe, and particularly this of England, began from Conquest, under the Conduct of their first SaxonKings; if then whatsoever was so conquered was acquired for them, and they alone had a Property in it, it will necessarily follow, that all Estates which the Subjects of all forts now enjoy, must have proceeded from their Grants or Concessions: And hence it is, that not only in England, but also in Scotland and France, they are all held either mediately or immediately of the King, as being at first all derived from him. And

we 0

we read in the antient Laws of Scotland, that the King had the whole Property of the Country till the Reign ofMalcolm Canmor, who, as we read in the antient Histories of that Country, granted all the Lands in Scotland to his Nobility and Gentry, according to that Old Maxim in their Law, Rex disiribuit totam tenant Scotia hominihmsuis. And therefore if Hereditary Property in Estates were only from the Gift and Bounty of our Kings, without any fundamental Contract between them and their Subjects, as you suppose; ' cannot see any reason (granting the worst that can happen, which is highly improbable) if the Kings of this, or of our neighbouring Nations, should go about by force to destroy and take away this Hereditary Property they now enjoy, that the People should have any Right to resist them; but that it would be not only Ingratitude, but Rebellion so to do. For tho' I own that Kings were guilty of Perjury in the sight of God, if they did it; yet that being an Offence only against God, the Subjects could have no more Right to resist, than Sons in the State of Nature had to resist their Father, if he should go about to take away those Estates, which he had before bestowed upon them.

And as for what you fay concerning the Roman Commonwealth, I grant indeed, that the Government of thePeople did there precede that of the Emperor; yet if you please to remember, Monarchy was the first and most antient Government of that People : And I doubt not bur all the Property the Romans had in their Estates, tho' they proceeded from Conquest of their Arms, yet it was wholly owing to the Grace and Bounty of their first Kings; and when, upon the Expulsion of Tarquin, the Supreme Power became divided between the Senate and People, the Property of all the Lands that were conquered, devolved upon them, who often divided them to particular private Men, as they thought fit j thoJ, I confess, the not dividing of these Lands amongst the Common People, was afterwards the Cause of great Tumults and Commotions among them r Yet notwithstanding the Senate and Nobility still maintained their Power, and to the last refused to make a Division of those Lands they had formerly conquered. So that the Roman Emperors succeeding in the Power of the Senate and People, they were likewise restored, as it were ex postliminio, to the Prerogatives of the first Kings, and consequently, asSeneca himsejf confesses in the place you have quoted, tho' the particular Propriety of TJtates was in private Men, yet you see he grants, the universal Possession or Dominion of them was in the King or Emperor, from whom they were originally derived.

I would not be thought to speak thus, as if I were an Enemy to Mens Liberties and Properties, or that I either fear or desire any Change in them, from what we now enjoy; but since I think it a thing morally impossible to alter- them, and that therefore no King will be so ill advised, as to go about to seize them into his own hands; but only by way of discourse, supposing the worst that can happen, I think* we are not only obliged in Conscience, but also that it were much better for the common Peace, that the King should take all we have, than that we should involve the Nation in Civil War and Confusion, and our Consciences under the Guilt of a mortal Sin, by such Resistance and Rebellion.

F. I am very sorry to see, that by your Principles all the free Nations of Europe lie at the Mercy of any Prince, to be made as errant Slaves as any are in Turkey, whenever their Monarch pleases, or that they think that they can make more of their People by taking away their Estates and Liberties, than by letting them enjoy them, which would render Civil Property in all Kingdoms like private Estates, which every Man may let to his Tenants at Will, upon a Rack Rent, or for Years or Lives, as they shall think fit. But I think I may very well differ from you in both your Propositions : For, omitting any farther Discourse of those Eastern Monarchies, where I grant the People are little better than Slaves; yet I think I can easily prove, out of the antient Histories of those Kingdoms that are now in Europe, that tho' most of them began by Conquest, yet was it not under the Conduct of absoluteMovarchs, but under such Princes or Leaders, whose Followers (as I said before at our last Meeting) were not properly Subje&s nor Mercenaries, but Volunteers, under those that commanded them; and therefore would never have gone out of their own Countries, but to advantage themselves, and to enjoy those Privileges, which their Countrymen had at home; of which Liberty in their Persons, and Property in their Estates, were the chief: And this is apparent in the French Nation, who, whatever their Condition may be now, yet anticntly called themselvesF anes, in opposition to that Servitude, which they supposed their • R 7/'' neigh


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neighbouring Nations amongst the Germans were in to the Romans at that time* And tho3 I grant, that these Nations of the Gcths, Vandals, Francs and Saxons, from whom most of the Kingdoms in Europe are now derived, might vest or intrust the Lands of the Countries they had conquered in them whom they had made their Kings, yet still it was with this Trust, that retaining a sufficient Part to sustain the Royal Dignity, they {hould distribute the rest to all their Officers and Soldiers, according to each Man's Valour or Merit: And if they had refused to have done this, can any Man believe, that so free a People, as the antient Histories relate them to have been, would ever have suffered it, without fulling down those Kings they had set up, which was then very common among them for much slighter Occasions? And to go no higher than U^illiam, (whom you call the Cwjtqueror) can any Man believe, that if he had retained all the Lands of England to himself, not only his ownNorman Lords and Soldiers, but those of other foreign Nations, who assisted him in this Expedition, would ever have suffered him to have reigned in quiet over them, if instead of a limited King he had set himself up for anabsolute Monarch, and have granted them no Estates but at his Will and Pleasure ; which would have reduced the Conqueror and the Conquered to the same Condition?

But as for your Example of Malcolm Canmor, I cannot believe that the Kings of Scotland were ever possessed of the whole Hereditary Property of all the Lands in that Kingdom, so as that no Man had any settled Interest in them before that time; and therefore I must beg your pardon, if I think this Passage in their Historians to be very suspicious, if not false. But I speak this only by the by, and I reserve what I have more to say on this Head for another time, wherein I doubt not but to be able to shew you, as evidently as can be done after so many Ages, that all the Kingdoms in Europe, which are descended from the Gcthick or German Nations, commenced at first from Compact with their first Kings, and have thereby an unalterable Right in their Lives, Liberties and Estates; and if so, have likewise Right to defend them, if generally and universally invaded by their Princes.

But granting, for the present, what you have asserted to be true, that all this Property, which is now in Europe,proceeded wholly from the Grants and Concessions of Princes; yet will it not follow, that by the Law of Nature oar Nations, if any King should go about generally or at once to invade the Liberties and Properties of their People, they might not lawfully be resisted: For, as I said before, even a Slave, when manumitted by his Patron, may lawfully defend his Liberty against him, if he goeth about to take it away, and reduce him again into Slavery. So likewise, in the same State of Nature, if a Prince freely grant his Subjects a settled and hereditary Property in their Estates, they have likewise a Right to defend them against him or any other, that would endeavour by force to take them away: For he that in this State grants any thing to another, grants him likewise a Right to keep it, whether the Donor will or not, or else it were indeed Swpov ZSopov : For he that in the State of Nature grants another Man any thing to be possessed or enjoyed only as long as he himself, or his Heirs, stall think fit, doth in effect grant him as good as nothing; since he may alter his Mind to morrow, and demand it again, and take it away the very

"next day. So that if you will grant, that Subjects have such a Right to their Estates, as that the Prince cannot without manifest Violence or Injustice take

:them away, you must likewise grant, that they have also a Right to defend them. T.T.G. s.19. But I suppose you will not deny that Right, that all Men have to their Civil

: Properties in all our European Kingdoms and Commonwealths, tho' never so abso

• lute: But your Objection against the Subjects defending it by force, if it be invaded, is, that it may cause Rebellion and Confusion. I grant indeed, it may sometimes occasion Civil Wars or intestine Commotions, if the People, finding their Liberties and Properties notoriously invaded, stall oppose the unjust Violence of those who,

■ contrary to the Trust reposed in them, do thus violently invade them: Therefore (forsooth) if this Doctrine be allowed, it may prove destructive to the Peace

* of Kingdoms and Commonwealths, and consequently to the Good and Happi"ness of Mankind: But methinks you might as well have argued, that honest Men

might not relist Robbers or Pirates, because it may occasion Disorder and Bloodshed: If any Mischief come in such cases, sure it is not to be charged upon him who defends his own Right, but on him that invades another's. If the innocent


honest Man must quit all he hath, for quietness fake, to him who will lay violent hands upon it, I desire it may be considered, what a kind of Peace there will be in the World, which would consist only in Violence and Rapine, and which would be maintained only for the benefit of publick Robbers and OppreQTors.

M. But pray, do you make no difference between a Knot of Thieves and Robbers, and the Civil Government of a Monarch or Commonwealth, which I suppose may very well be maintain'd without any Hereditary Property in Lands, as you have granted? And it were much better, in my mind, to forego these outward things, than resist the Civil Government, which is the Ordinance of God, as you your self acknowledge.

F. I think the best way to end this Controversy, will be, to desire you to give a Definition of Civil Government, that we may know what we mean by it; therefore pray will you give me an easy and plain Definition of it?

AL Well, Sir, I shall comply with your Desires: I then take Civil Government to be an Authority conferred byGcd cn one or more Persons, to make Laws for the Benefit and Protection of the Subje&s, and to inflifl suchPunishments for their 'transgression, as they flail think fit, and by the Subjects Obedience and Assistance to protetlthem against foreign Enemiet, and also to appoint what Share of Civil Property each Perfcn in thatCommonwealth flail enjoy.

F. Sir, tho' your Definition be somewhat lame, yet I am pretty well contented with it, only I will (hew you by and by wherein it is deficient. The first, and therefore chiefest Branch or Office of Civil Magistrates, is, to make Laws for the Benefit and Protection of the Subjects : Is it then a Branch of this Power, to send Soldiers or Dragoons to take away their Liberties, Lives or Estates? This sure is directly contrary to their Duty, and that Trust which God hath conferred upon them. Let us go on to the next Branch, the Infliction of Punishments for the Transgression of such Laws : Is this a Part of Civil Government, not only to fend their Soldiers and Officers to take away their Subjects Lives and Estates, but also to let the most capital Offenders or Robbers pass unpunifh'd, when they have done? If you maintain these to be the Prerogatives of Civil Government, or that to be Civil Government where these things are commonly practised, you may, even with Mr. Hobbs, set the great Leviathan free from all Obligation to his Subjects, any further than he shall think fit for his rwn Interest, and make them always in a State of Nature, that is, (as he supposes) of War with them; and then pray tell me, whether such a State can be the Ordinance of God, or not? But to come to the last Branch of your Definition (and in which alone I think it deficient) the appointing what Share of Property each Person in that Commonwealth shall enjoy: Tho' I grant it may be the Prerogative of Civil Governments to appoint this at first, yet are they likewise obliged to maintain this Property, when it is once instituted; and the People have as much Right to it as any King can have to his Crown, viz,, the Civil Law of that Country, or Consent of the whole Nation : And therefore if, according to King James the First's Rule, a King of a fettled (or limited) Kingdom, will break at the Laws thereof,and degenerate into a Tyrant, unless such Tyrant be the Ordinance of Gcd, he may certainly be so far opposed: For what can Pirates or Robbers do. more than his Officers and Guards by his Commission? The former can but murder Men, ravish their Wives, burn their Houses, and take away their Estates; and if the latter may do so Loo,pray where is the difference? Or what Satisfaction is it to me, that I am ruined'by one Man having the King's Commission, or by another that ruins me without it f since I am hire God hath given the one no more Authority to do it than the other. If then this unlimited Power be neither conferred by God nor Man upon the Civil Magistrates, I would fain know any Reason why Thieves and Pirates may be resisted, but their Instruments may not, that do the fame things? And why, when Civil Authority exceeds its utmost bounds, the Slate of Nature or Selfdefence may not take place ; since the. Civil Government is as much dissolved by seen violent Actions, as if a foreign Enemy had broke in, and conquered the Country?

But to answer your Query, whether I think a Civil Government may not be where there is no settled Property in Estates, and whether the Eastern Monarchies are not Civil Governments? To this I answer,, that I have Aristotleon my iide, who not without Reason affirms, that the Government of one Man, where there is no Gvil Property, ar.d where all Men are Slaves, is not Civil Government, but that of a Master of a great Family over his Slaves: And tho' I grant, that they may have some shew of Civil Government among them, as in a Plantation, where one of the Slaves may complain to the Master against another, for any Injury or Wrong done him; yet is not this Property Civil Government, any more than that of the Master of a separate Family, who looks upon himself as absolute Lotd over all his Slaves, allowed him by God, only for his Benefit and Grandeur, and not he instituted (as all Civil Powers are) for the Good and Preservation of the Subjects.

M. But methinks you seem herein to condemn the Government of GodV own People the Jews, which no doubt was an Absolute Monarchy, and that restrained by no Laws, except what God had exprefly prescribed them: And yet you see, notwithstanding Samuel told them, that their Kings sliould take away their Fields and theirVineyards, and give them to his Servants, and take their Sons and Daughters to be his Servants or Slaves; yet God leaves them no Power to resist them for so i Sam. 8.18. doing; but all the Remedy left them is, that they shouldcry out in that Day, be~ cause of the King-which they had chosen, andttie Lord would not hear them; that is, there was no Remedy left them but Patience.

R I have already given you my Sense of that Place, and I mail speak more particularly to it, when you sliall come to those Texts of Scripture, that you said you would produce for Absolute Subjection and Non-resistance:And therefore at present I shall only here shew you what the Earl of Clarendon, in the above mentioned Survey of the Leviathan, cap. 19. hath very prudently as well as honestly said con74- 77- cerning this Text. "They who will deduce the Extent of the absolute and iltf"mited Power of Kings from that Declaration by Samuel, which indeed seems to "leave neither Property nor Liberty to their Subjects, and could be only intended "by Samuel to terrify them from that mutinous and seditious Clamour; as it "hath no Foundation from any other Part of Scripture, nor was ever practised or exercised by any good King, who succeeded over them, and was blessed and "approved by God; so when those State Empiricks (of what Degree or Quality tl soever) will take upon them to presetibe a new Diet and Exercise to Sovereign "Princes, and invite them to assume new Powers and Prerogatives over the Peo"pie, by the Precepts, Warrants, and Prescriptions of the Scriptures; they "should not presume to make the Sacred Writ subject to their own private Fancies. So likewise in a Leaf or two before he speaks much to the fame purpose : " That Tag. 74. "what Samuel had said was rather to terrify them from pursuing their foolish De"mands, than to constitute such a Prerogative as the Kings should use, whom "God would appoint to go in and out before them ,• which methinks is very ma"nisest, in that the worst Kings that ever reigned over them never challenged or "assumed those Prerogatives: Nor did the People conceive themselves liable to <c those Impositions, as appears by the Application they made to Rehoboam, upon ** the Death of Solomon, 'that he would abate some of that Rigor his Father had "exercised towards them ,• the rough Rejection of which Request, contrary to "the Advice of his wisest Counsellors, cost him the greater Part of his Domi"nions : And when Rehoboam would by Arms have redue'd them to Obedience, "God would not suffer him, because he had been in the fault himself." From whence you may conclude, that this Great Man did not think all Resistance unlawful, in case of general and intolerable Oppressions.

Mr I shall give you my Opinion farther of what you have now said, when you have told me more plainly in what Cases you allow Resistance of the Supreme Powers^, and in what not. For till you have been more clear in this matter, I cannot tell what Judgment to make of your Tenets.

F. I thank you for putting me upon so fair a Method : And therefore that you may not mistake me, and suppose that I would go about to allow Subjects to resifit and take up Arms against the Supreme Power,. upon any less Occasion than an absolute Necessity, and apparent Danger of being destroyed, and ruined in their Lives, Liberties, and Estates: First therefore, considering that the Corruption of Humane Nature is such, that no sort of Government whatsoever can continue long, without some Inconveniences and Mischiefs to particular Men ,• nor that any Man, either Prince or Subject, was ever Master of such perfect Wisdom and Goodness, as always to perform his Duty so exactly, as never to offend: I do in the first place grant, that it would be both undutisul, as well as unjust, for Subjects to rebel against their Prince for his personal Failings or Vices: Undutisul, since the

Prince

Prince may be oftentimes an ill Man in his private Capacity, and yet a good Governor, in respect of the Publick; and also unjust, since neither do we ourselves exactly perform our Duties towards the Supreme Powers (or to one another) as we ought: And therefore it is highly reasonable for Subjects to endure, and pass by the personal Faultsor Failings of Princes, in consideration of that Protection and Security in their Lives and Fortunes, which they do enjoy under them; since it hath been found by Experience with how great a Slaughter of People, and how great a Confusion, and Danger of the whole Commonwealth, evil Princes have been resisted, or turn'd out of their Thrones. And therefore, I grant the private Injuries of Princes are to be pass'd over, in consideration of that greatCharge they undergo; and for those greater Benefits we receive from their Government; but chiefly for the publick Peace of the Commonwealth, or Civil Society. And therefore, I own it is very well said by that Master in Politicks, Tacitus, That the ill Humours, or Dispositions of Kings are to be born withal* and that often Mutationsof Governments are of dangerous Consequence. And he wifely introduces Ceriaks speaking to this purpose to the Rebellious Treveri: That they ought to bear with the Luxury and Avarice of Rulers, as they do with immoderateShowers, and other unnatural Evils; since there tors be Vices whilst there are Men, yet neither- are these,continual, but are often recommenced by the Intervemion of better.

But I will now particularize those Cases wherein I do absolutely disallow, and disclaim all Resistance in Subjects against the Supreme Powers.'

1. I deny all Resistance to Subjects against their Princes, or Supreme Magistrates, in all such Actions, or Prerogatives, which are absolutely necessary to the Exercise of their Supreme Power, viz,, of protecting and defending their People; as also against those who are commission'd by them for the Execution of such Powers.

2. I condemn all Rebellion against Princes, or States, meerly on the Score of Religion, or because they are not of the Religion of their People, or Subjects, if there be no positive Law extant, disabling or forbidding Princes, or other Magistrates of different Religions than that of their People, from being admitted to the Throne, or Government.

3. I look upon it as Rebellion in the People, tiunultuously to rife up in Arms to alter, or reform the Religion of the Nation, or Kingdom, already established by Law, without the Consent of the Legislators. • *

'4. I disclaim all Resistance, or Self-defence in Subjects, upon the account that _ the free, or publick Exercise of that Religion they profess, is not allowed them By the Legislative Power of the Kingdom, or Nation, provided that such Supreme Powers do not forbid, or hinder the People professing such a different Religion, to sell, Or transport their Estates, and Persons into any other Country where they please.

'. deny Resistance to Subjects against their Princes or Governors upon pretence of any personal Vices; as because they are wicked, atheistical, cruel, lustily or debauched, provided they generally protect their Subjects in their Lives, •Liberties and Properties. - <.' •' >

6. ;I deny this Right of Resistance to any particular Person less than the whole Body, or major part of the People ,• or at least such a considerable Portion of a Nation, as are able, when assaulted or oppressed in their Lives, Liberties ot Estates, to constitute a distinct, and entire Kingdom or Commonwealth of themselves-.'

"" *s.  J look upon it as wicked, and rebellious for any private Subjects to assassinate, murder or imprison their Monarch, or other Supreme Governor, since no private Person whatever ought to lay violent Hands upon his Prince, whose Person ought to be sacred, and in no wise to be violated, unless he put off the Character of a Prince, and actually make War upon his People. But if in this Case he happen to be resisted, and perish in the Attempt, he falls not as a Prince, but as a common Enemy, by breaking the Original Compact with his People, and entringintoa State of War against them : As a Father who unjustly makes War upon his Children, may be, (as I have already proved ac our first Conference) resisted by them in the State of Nature.

But

But as for all other Grievances, or Oppressions, if they are of that Nature as may ruin the whole Commonwealth,yet not suddenly, but after some time, and often repeated, I cannot allow such Grievances, or Oppressions, as a sufficient. Cause of Resistance j For as on the one hand, there is no Inconvenience so small but in process of 'Time it may turn to the Ruin of the Commonwealth, if it be often repeated, and excessively multiplied; so on the other side, length of Time produces so great Changes, that the Nature of these Encroachments or Injuries are not sufficient to juitifie Resistance, and the Breach of that Peace and Unity in a Commonwealth, which mast neceslkrily follow by entering into a State of War.

To conclude: I do not in any case whatever allow of Resistance, but only in these three necessary ones : When the Lives, Liberties, or Estates of the whole People, or the greatest part of them, are either actually invaded, or else taken away; and when they are reduced into so bad a Condition, that a State of War is to be preferred before such a Peace; and lastly, when the end of Civil Government, being no longer to be obtained by it, the Commonwealth may be look'd upon as dissolved.

As. Though you have been pretty long in treating of this Matter, yet I did not think it tedious; since I confess you have given me honestly enough (and so far I agree with you) all those Cases wherein you fay it is unlawful for Subjects to take up Arms, or resist the Supreme Powers: But I wonder you have not added one Cafe more, wnich divers Authors, that are high enough against Non-resistance in other things, do yet allow to be a sufficient Cause of taking up Arms, and resisting their Prince s And that is, when he actually hath, or goeth about toalienate, or make over his Dominion and Subjects to some foreign Prince •or State. s

F. I am not ignorant of what you say, but I thought it not worth speaking of; because in absolute Monarchies(which we are now treating of) if such Kingdoms are Patrimonial, and that the Monarch hath such an absolute Dominion over his Subjects, as neither to let them enjoy any Liberty in their Persons, nor Properties in their Estates, but at his Pleasure, I cannot fee any Reason why such a Prince may not alienate his Dominion over such a Kingdom and People, as well as any private Man may his Property in his Estate: Nor have the People any cause to be concerned at it, since they can then likewise be but Slaves, and enjoy nothing but at their Prince's Pleasure, as they' did before j so that whether he, or a Stranger govern them, it is all one as to their Circumstances. .But yet under such Governments as are not absolute, where the People enjoy their personal Liberties and Properties in their Estates, the Cafe may be muchother-' wife ; since they may not be sure, that the foreign Prince, to^whom their^pjjrn Monarch, or other Supreme Powers, hath assigned them, will maintain their Liberties and Properties as the former did. And therefore not being Slaves before, they cannot be alienated 'without their own Consents, and consequently they may take up Arms, and defend themselves" if they are able; unless the Prince or State, to whom they are so alienated, will give them-the like Assurance to preserve their Lives, Liberties and Properties, as their former Governors did. And therefore I do conceive the People of the Islands of Cyprus and Candy might very well have refused to become Subjects to the Grand Seignior, in cafe the Venetians sliould have sold or aliened their Dominion over them before he had actually conquer'd them. But in limited, or Hereditary Kingdoms, which are so by their Fundamental Constitution, I suppose, the Prince cannot, upon any account whatsoever, make over his Dominions to a foreign Prince without the Consent of his People, and next Heir. And therefore (granting the Story to be true), I doubt not but the People of this Kingdom might very well have opposed King John, if he had gone about to have subjected it to the Dominion of the Emperor of Morocco, upon Condition that he would assist him with ah Army of Moors to subdue his Barons, and Nibiltty, then in Arms against him. . )

M. I confess it is not worth while to dispute about that which so seldom happens, and is indeed almost impossible to be put in practice ; and therefore I shall not much oppose you in what you have said upon this Cafe ; yet, that I may be as good as my Word, and give you my Judgment concerning what you have lately said, I must freely tell you, that as it may happen, that a Prince or State may sometimes abuse their Power, so as to take away the Liberties and Estates^


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of 411 their Subjects, as you have set forth, (arid which I confess is a very great Mischief ) yet upon second Thoughts," I think it were much better that this Inconvenience should be suffered, rather than the worse Mischief of leaving Subjects to be the sole Judges, when their Liberties and Estates are invaded^ or like to be taken away; nay, every private Subject would be first Judge of it, Or else the whole People could never come to pass their Judgment upon it, which would leave too great a Latitude for turbulent and rebellious Spirits to make Disturb bahees in Kingdoms and Commonwealths; especially, if there be any small Grievances on the Subjects ; especially too; if they touch at those things they account their Hereditary Liberties and Properties. These, (though never so small) if the People are suffered to be their own Judges, (as you make them to be in their own Case) will soon be aggravated, and blown up to intolerable Oppressions of, and Invasions upon their Liberties and Properties, when indeed they are not. This is a pernicious Doctrine; for it will be a perpetual Cause of Quarrels, Civil Wars, and Rebellions, which would turn all Commonwealths, thb* never so well constituted, into Anarchy and Confusion. So that as you have stated this Question, you have broached a Principle highly destructive to all Civil Government : For if all, or any of the People, may resist or rebel (call it what you • please) whenever they think themselves oppressed in their Liberties and Estates, L. 0. •' this is for them only to be obedient, when they think themselves well governed; but stubborn and rebellious^ when they believe they are not; which would be to make all Government precarious and conditional, and the People not only Parties, but Judges, and Executioners too in their own Case, how far these Conditions are observed on the Governors part; and then the Regularity ot Irregularity of the Administration will no longer be the Question, but the Validity of the Power to command. And there wants no more to dissolve such l Government, than for Dick, or Tom, and every Rascal of the Mobile to say, This or That is destructive to the People's Liberties and Properties, and therefore an insupportable Grievance and Oppression. Arid if you will once allow any number of the People, though never so many, to judge this, or that Law, or Order of the Government, not to be for their Good, and that they may likewise resist and right themselves by Arms, whenever they thus fancy^they will quickly come to fay, that the Government it self is not'for their Good neither. And upon this ground all the Rebellions, raised by an incensed, and mistaken Multitude against the Government in all Ages, may easily be justified; and Wat. Tyler, and MaffianeUo shall be so far from being Rebels, that they may pass in suture Ages for Heroes, and noble Assertors of the People's Liberties. And I hope you will believe, I do not speak this out of any Liking or Approbation of Tyranny; or that I desire that Princes should stretch their Power to the utmost, to invade their Subjects Liberties or .Estates; but only to let you see, how far your Principles majr serve the Pretences of wicked Men to set whole Kingdoms together by the Ears, whenever they find the People so far discontented with the Government, as to be-lieve their malicious and wicked Insinuations: Of all which those long and cruel' Civil Wars, and Rebellions, which for several Years tormented, and almost ruined these three Kingdoms, are too late, and fad Examples.

F. I confess, Sir, you have made a very pathetick Speech, and exerted, I suppose, the utmost Strength of your Reason and Eloquence on this Subject ; for you have made the Consequences, of this Principle, viz.. (That thePeople may judge when their Liberties and Properties are invaded) to seem very dreadful. But after all, it is no more than what you have urged in great part already: And the main Strength of your Argument lies here, that if the People should take upon them but once to judge when they were notoriously injured or oppress'd, and thereupon take Arms to right themselves; they would soon make bold to put this Power into Use and Practice, when they had no occasion for it at all, or at least not sufficient to make any open Insult. But to shew you that there is no need of such an infallible Judge, as you suppose, to be necessary in a Commonwealth, any more than there is in the Church ; pray tell me, Sir, would it not have been very convenienr, if Christ had appointed aninfallible 'Judge (be it the Pope, or General Council, or both together) to decide all Controversies in Religion, and to whose Judgment allPeople ought to submit?

S  M.I

As. I cannot dfeny, but it would have been a very ready way to end all Disputes about Religion; but since God' hath not thought fit to appoint any such Judge, it were very great Presumption in us to set up one to please our Humour, since such a one could have no Infallibility, unless it were given him from above.

F. You judge very well; and doth it not therefore follow, that since there is no such infallible Judge, all Men ought to judge for themselves of the Truth of their Religion; and also in the Christian Religion, what Doctrines are agreeable to the Wosd of God, and what not? And yet you fee that from the ill use of this Liberty have sprung all the different Sects and Heresies in the World. Does it therefore follow, that Men must not make use of this Liberty, because they may abuse it? So likewise, must Subjects judge in no case whatsoever, when the Supreme Power tyrannizes over them beyond what they are able to bear? And must they never resist, or endeavour to cast off this insupportable Yoke, because they may happen one time or other to be wanton, and believe themselves oppress'd when indeed they are not?

M. I grant your Parallel would have somewhat in it, were the Consequences of every Man's judging for himself in Matters of Religion as fatal to the Peace and Happiness of Mankind, as your Doctrine of the Subjects judging when it is fit for them to resist the Supreme Powers: For I do not at all debar them from the Right of judging when they are oppress'd, or ill used by them, for that may very well consist with the Publick Peace j but I utterly disallow all manner of Resistance by Force, because it tends, not only to dissolve all Civil Government, but to disturb the common Peace and Safety of Mankind.

F. Notwithstanding your Distinction, the Parallel will held in both Cases; for are not Differences in Religion as fatal to the Peace and Unity of the Church, as the Subjects judging when they are oppress'd, and thereupon taking up defensive Arms, can be to that of a Civil State? And do not more Wars, and Quarrels arise about Mens Differences in Religion, than from any other Cause you can name? So that if the Peace of the Church were a sufficient Cause for supposing a certain, or infallible Judge in Religion, there would be the same Reason to suppose it in Civil Matters too. And therefore your Argument from the abuse of this Liberty of the Subjects judging when they may resist, is of no more force in one Case than the other: For I grant it may so happen in a Civil State, as well as in an Ecclesiastical, that the Subjects may rise up, and relist their Civil, as well as Spiritual Governors, without any just Cause ; doth it therefore follow, that God hath wholly delivered up Mankind to the domineering Humours of Men in Power, let them abuse it never so grosly? And therefore we must not be wiser than God Almighty himself. And when he hath not appointed any certain, and infallible Judges, either in Civil or Spiritual Matters, without any Contradiction, or Resistance, we ought not to suppose a Necessity of such Judges, mecrly because of some Inconveniences, which may perhaps often happen from the abuse of that Christian Liberty he hath given us. For then, I doubt, you will find the Remedy would be much worse than the Disease ,- as if, to avoid Heresies, we should set up. the Pope for an infallible Judge. So would it be likewise, if, to avoid Civil Wars, and Rebellions, we should set up the Supreme Magistrate (as Mr. Hobbs hath done) for a certain and irresistible Judge of whatsoever Means are necessary for the People's Quiet and Preservation; since I have already proved, that an insupportable Tyranny is not Civil Government ,• and that the Supreme Powers can no more alter the Nature of Things, but their own Laws or Edicts, -than they can ordain Poison to be used, instead of wholesome Food, by the People.

M. I confess what you have now said carries some weight with it; and my own carnal Reason doth very much incline me to your Opinion, were it not for two things; the one (as I said) is the horrid Rebellions that have, and may again arise in these Kingdoms from this Principle; which hath made God so strictly forbid all Resistance ofthe higher Povxrs, upon any account whatsoever: And therefore you are much mistaken when you assert, "rhatResistance, though for Self-defence, is one of the Liberties that God hath left us; since certainly he would never so severely have forbidden it, but that he not only knew how prone Men's corrupt Natures were to Rebellion, but also foresaw the fatal Consequence of it,

F. 

P. If God's Commands in Scripture be the greatest Argument you have against all Resistance whatever, I doubt not but to shew you (when we come to it) that you, as well as others, are mistaken in that strict Interpretation of those Places of Scripture. And as for the evil Consequences you suppose may folsow from this Doctrine, I doubt not likewise but to convince you, that much worse will follow from the irresistible Tyranny of the Supreme Powers, than ever have happened from the dreadfuHest Rebellions. And therefore, I desire you to take Notice, that what I have now said is not out of any design to justifie so horrid a Crime as I grant Rebellion to be, or to incite Subjects to be guilty of it; but only to hinder Civil Government from being destroyed, and Mankind from being made miserable.

For 1 have first asserted, that ho Resistance whatever is to be made in absolute Governments, but in those Cases in which the main Ends of Civil Government are visibly destroyed, or so near it, that there is no other means left but Resistance to prevent it- And then, when things are once brought to this pass, it is rot the People that make this War, but the Governors, who by their Tyranny have brought the Commonwealth into this Anarchy and Confusion you so much dread ; so that it is not the People, but they that are the Aggreslbrs.

And as for the ill use that may be made of this Doctrine, to stir up the People to Rebellion, when they have no just, or sufficient Provocation to resist: This will not prove of that dangerous Consequence you imagine, if you will but consider, that I do not allow this Resistance in any Case, but when the Violence, or Oppression of the Governors is so evident, and insupportable to all the People that groan under it, that no indifferent Man in his Senses will be able to deny it; for as long as it remains disputable, whether or no the People are sufficiently oppress'd in their Liberties or Estates, the Trust reposed in the Supreme Magistrates makes them the sole Judges of the Necessity of such exorbitant Actions, as being intrusted by the People as Men supposed to be both wise and good, and themselves ignorant in divers Cases of the true mears of their own Preservation; and the Supreme Powers remain the sole Judges, I fay, as long as the Case is doubtful or uncertain. ,

But since you have already acknowledged, that the People might judge (if such a Case -should happen) whether the Prince, or other Supreme Magistrate, makes actual War upon them, I would very fain know why the People cannot as plainly distinguish when he sends his Guards, or Dragoons, to take away their Lives and Liberties, or to turn them out of their Estates: And 'till this be done, 2nd the Tyranny so evident, general, and insupportable, that it is past all Question, I grant that the People ought to have Patience, and rather suffer many Oppressions and Hardships, than put themselves into a State of War. So that I think it, is morally impjfible, that the People can be mistaken in so evident A Cafe. Nor I believe can you scarce shew me one Example, either out of antient or modern History, of any whole Nation or People, or the major part of them, that did ever rise in Arms to cast off either a Foreign or Domestick Yoke,, which pressed too hard upon them, but when they had the most unavoidable and justest Causes so to do. And I believe I can shew you ten Examples out of Histories, (if the Question were to be decided by them) for one you can shew me to the contrary. 'Tis true, some private Men may sometimes make Disturbances, or Rebellions, but 'tis commonly to their own just Ruin and Perdition: For 'till the Mischief be grown general, and the Violence of the Rulers become evident, and their Attempts to destroy, or make Slaves of them, ate •most sensible to all, or the greatest part of the People, they are commonly more a great deaf disposed to suffer, than to right themselves by Resistance, well knowing the Mischiefs of War, and how destructive it will prove, not only to their Lives, but to the Welfare of their Families and Posterities, as well as private Concerns. So that the Example of some particular Injustice, Oppression, nay, absolute Ruin of here and there an unfortunate Person, moves them not. But if once they find their.Lives, Liberties and Estates, universally assaulted, and about to be taken away, who is to be blamed for it ; the Magistrate, or the People? For the former might hax'e avoided it, if they had pleased, either by not urging them to that Extremity at all, or at least redressing those Grievances and Oppressions before they became so general, and insupportable, as -not to be any longer endured. •■' '•

Sa &j

/

So that, though I grant, the Ambition, or Turbulcncy of private Men have sometimes caused great Disorders in Commonwealths, and Factions have been fetal to States and Kingdoms; yet whether this Mischief hath oftner begun from the People's Wantonness, and Desire to cast oft" the lawful Authority of their Rulers,• or from the Rulers Insolence, and Endeavours to get, and exercise a Tyrannical, Arbitrary Power over their People ,• that is, whether Oppression or Disobedience gave the first Rise to the Disorder, I leave it (as I said) to impartial Observers of History to determine.

But this I am sure of, whoever (either Ruler or Subject) goes about by force to invade the Rights of either Prince, or People, and lays a Foundation for overturning the Original Constitution and Frame of any Civil Government, he is guilty of the greatest Crime I think a Man is capable of, being to answer for all those Mischiefs, Bloodshed, Rapine, and Desolations which the breaking to pieces of Governments does bring on a Country. And he who doth it is justly to be esteemed a common Enemy, and is to be treated accordingly.

But as for the Instances you give of Wat. Tyler, and Mijfianeffo, I grant indeed it may so happen, that a great part of the common People, or Rabble, may sometimes upon sudden, or false Apprehensions, occasioned by some real Grievances or Oppressions, such as are great Taxes, or Gabels imposed by the State, take up Arms, and rebel against the Supreme Powers: Yet these Examples do not reach the Question in hand; these Insurrections or Rebellions you mention, being of a much Jess number than the whole People, or the major part of them; and in which I still include the Nobility aud G entry, and other Landholders, as the most considerable part. And so those Insurrections were in no wise justifiable, especially in such a Government as ours, where no Man can be taxed but by his own Consent, included in his Representatives; whereas all these Rebellions were chiefly (if not altogether) made by the meaner sort, or Scum of the People, of one, or a few Countries, whom I can never allow to make Disturbances j since they, having very little to lose, ought, in all Civil Governments whatsoever, to be directed and governed by those, in whom the Ballance'oT the Government in Lands, and other Riches, doth reside, and on whom, they chiefly depend for their Protection and Subsistence ,• and consequently ought to make no Alterations in the State without their Consent and Approbation.

But as for your other Instance, of the Wars raised in these three Kingdoms against King Charles the First, upon the Pretence of our Religion, Liberties and Properties being invaded, it is not proper to be treated of in this place; since we are now discoursing of the Power of Princes, and the Right of Subjects under absolute, and not limited Monarchies: And I grant, that some Resistance may be Rebellion under absolute Monarchies, which would not be so under limited ones; yet I do still suppose that it may be lawful under such limited Monarchy for the People to take up Arms, and make Resistance in defence of of those just Liberties and Privileges which they lawfully enjoy, either by the Original Constitution of the Government, or by Acts of Grace, or Concession of the Prince: But this requires a more large and accurate Discourse, which at another time I am ready to give you. Therefore, granting at present, that those Wars were downright Rebellion against the King; and also that they were made under Pretence of the Principle I now assert, yet doth it not at all overthrow the Justice of that Cause which I now maintain; since (as I have already more than once intimated) the abuse that may be sometimes made of a natural Right by some wicked, factious or hypocritical Men, ought not in the least to prejudice the Exercise of that Right to all the rest of Mankind,* who may lie under a real Necessity of making use of it.

To conclude : If the People may never be trusted to judge when their Liberties and Properties are actually invaded, because they may happen one time or other to be mistaken, and so enter into a State of War, without Cause, to the Destruction of Mankind, this Argument would serve as well against all Princes and Commonwealths who, being in the State of Nature with each other, should never make War for any Cause or Provocation, how great soever; because being Judges and Executioners too in their own Case, they may more easily happea to be mistaken. I suppose you yourself will grant, that one, or a few Men are more apt to be in an Error, than a Hundred thousand. . And I have

already

already proved, that where the People have never wholly given up their Liberties and Properties unto the absolute Will of the Supreme Powers, they are, as to that, still in a State of Nature, and do reserve to themselves a Right of judging when they are violently and insupportably invaded; and consequently of vindicating themselves from that Oppression. And therefore, granting what you have said to be true, that the People may sometimes happen to abuse this natural Right of judging, and resisting, by exerting it, when there is no real and absolute Necessity : So on the other side, if they are wholly debarred from it, because they may happen sometimes to abuse it, the freest People in the World, m. (our selves, for Example) may easily be reduced into a Condition of absolute Slavery and Beggary, and that without all Remedy by any humane Means that I can think of; and which is the worst Mischief of these two, Heave to your self, or any indifferent Man to judge. • . t

M- If you will have my Opinion in this point, I must freely tell you, that it itf a hard Matter to sind out a Mischief so destructive to the People, and which they should exchange for this miserable State of War, which you suppose may prove so beneficial to them; and yet I doubt, if it be thoroughly looked into, not only the Doctrine itself, -but also the lasting Wars and Miseries it may produce, would 'sufficiently prove the contrary; since the cruellest Tyranny, Slavery, and Loss of Estates, or any thing else almost, may be better born with in Peace and Unity, than a Civil War with the greatest Liberty and Plenty ; seeing all such Comforts would quickly be devoured, like Pharaoh's fat Kine, by such a cruel Monster feeding in their Bowels. And therefore, since Civil War is one of the greatest Calamities and Punishments that God uses to send upon a Nation, it seems evident to me, that the Welfare of any State, or People requires them to be obedient unto the Supreme Powers, though they be never so great Oppressors, or cruel Tyrants. For when once they enter into this dismal State of War, who can tell whether it will have an end, without almost the total Destruction of the Nation, or at least by bringing them into a far worse Condition of Slavery and Suffering, than they were before; since the State of Princes, oz other Supreme Powers, can never be so mean and inconsiderable in the World, as not to find, when like to be oppressed by such Insurrections and Rebellions of their Subjects, sufficient Assistance from neighbouring Princes, or States; who, making the Cause of such a Prince their own, will be sure to assist him to the utmost of their Power ,• it being found true by Experience,- as Tully long ago ob- , served, " That the afflicted State of Kings does easily draw the Help and Pity Cire 0r**"of many others, especially of those, who are either Kings themselves, or do egt* live in a Kingdom, the Regal Name being by them esteemed to be great and *' sacred." And farther, how ready a«way it is to subvert the State of any such distractep! Kingdom, and to bring it under the Subjection of Foreigners, we need not seek a plainer Proof, than by an Example no farther off than Ireland; where Dermot,King of Leinfter, being forced by his rebellious Subjects to crave the Aid of King Henry the Second for his Restoration to his Kingdom, his Assistance to recover his Right produced that effect which we now see, viz.. That the Irifl lost their Dominion, and became subject to the Crown of England even to this Day. -> ;.

And supposing, that the Subjects might likewise be assisted by some foreign Prince, who would undertake their Deliverance, they would not be in a much better Condition; since, if he were an absolute Monarch himself, he would be sure, for Example sake, as well as for their own Security, to carry as strict a Hand over them, and use them more severely than their own Prince had done before; and, I doubt not, but if Lewis, Prince of France, had been crowned King of this Kingdom, as he was very near'it, toward the latter end of King John s Reign, but that he would have been more cruel and tyrannical than ever King John had been before: So that they would have got nothing by the Bargain, but a Change of Masters, and a heavier Toke imposed upon them by a Foreigner.

And so much the Viscount Melun confessed upon his Death-bed to many of the English Nobility, which was the Reason of their returning again to their Allegiance to Henry the Third. So that I think it had been much better for the Barons and Nobility of this Kingdom never to have stirred or rebell'd at all against their lawful Prince. ~ - . .



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F. You seem so in love with Slavery, and all the Consequences of it, that it is a hundred pities but that you should feel the smart of it a little while, provided no Body was to suffer by it but your self and those of your Opinion: But could you see the miserable Condition those pcor People are'in who live under Arbitrary and Tyrannical Government, I doubt not but you would be os another Mind, and prefer a War now and then, tho' never so violent, before such a Peace; for when Men are once reduced to so desperate a Condition, as neither to be secured of their Lives, Liberties or Estates, they may have some hope to redress themselves by Resistance, but need not fear to be reduced to a worse Condition than they were before; and therefore I cannot understand how all the Comforts of a Civil Life would then be lost by a Civil War, when I have already put it as a chief part of the Cafe, that Subjects are never to make such a Resi/Umet but when the Supreme Powers are just about to begin, or else have actually enter'd into a State of War against their SubjeEls: For what can any foreign Enemy do more if he conquers them, than take away their Lives, Liberties and Estates? So that this is so far from being a State of Peace, that indeed the People are already exposed to all the Calamities of War; but a War, which you suppose may be made without any Resistance, whilst the Subjects (forsooth) are bound to keep the Peace; but much such another Peace as would be in a House into which "thieves having-broken, and the Inhabitants retiring into some upper Rccms, there stand upon their Guard and make Resistance; whilst the Thieves having seized upon all they have below, one of them should make such a Speech as this; / fray Sirs come down and submit your selves to Hi,for we ajfure you we intend not to kill you, hut only to bind you and take away aU you have; and is not Slaveryand loss of Goods better with Peace and Safety, than by assaulting Hi to provoke m to fire the House and kill youall ? for if you once enter into a State of War with Hi, it is very likely to end with your total Destruction; for ifyou continue to resist Hi, or think to call in Company to your Assistance, we can likewise call in many more of ourParty to come and help m; and then expect no Mercy. Now pray tell me, would not this be a very rational Argument to move these People to come down and surrender themselves to these Thieves, and partake of the Benefits of this excellent Peace they propos'd? and whether they would not tell them, that by shooting they would also call in the Neighbouring Town, whomight be too strong for all their fellow Thieves? Now if you will but take these honest People of the next Town for such Neighbouring Princes or States, who may joyn in the Assistance of such an oppress'd People, this Simile will fully, answer your Argument of those Neighbouring Princes that may take part with an oppressing Tyrant: And as for the consequence of such Assistance, on the one side or the other, that it may happen to bring them into a worse Condition than they were before, viz.. a Subjection to Foreigners (as I have put the Case) it can be no cause to deter the People from Resisting; for if they were (as I suppose) redue'd to a Condition of Slavery before, and had lost all their Liberties and Properties, how can we imagine them in a worse Case than they are already? And it is all one to such a People, whether their own or a strange Prince did tyrannize over and oppress them : Nay, were I to take my Choice, I had much rather be tyrannized over andopprese'd by a Foreigner than from my own natural Prince j since the former coming in by Force, and without any precedent Promise or Compact, I lie wholly at his Mercy, who hath no Obligation Upon him; and I had much rather, if I were to be a Slave, be so to a Stranger than to my own Father, if I were assured that both the one and the other would use me with like severity. And to answer your Instance of your Irish King, I think that Nation hath been so far from losing any thing by their Subjection to the English Government, that they have gained far greater Privileges and Liberties both for their Persons and Estates, than ever they enjoyed under their own Princes; so that they are rather the better than the worse by the Change. And besides, the Example is not to the Point we discourse of; the Quarrel being between two Jrijh Kings, where the stronger having injured the weaker, he called in the Enghjl to revenge his Quarrel; whereas the Question here is concerning the like Action done by the People against their Prince. And as for your other Example of PrinceLewis, it is uncertain whether the Condition of the Enghjh Nation would have been either better or worse under aFrench King. But thus much I am sure of, that had King John proceeded in that Tyrannical Course against his Barons and the rest of his ;f ."* \ ' * Subjects, Subjects, they could scarce have been in a worse Condition under the French; nay the Moors themselves, had King John actually surrendered his Crown to the Saracen Emperor, as the Historians of those Times relate he offered to do.

Nor can I be of your Opinion, that it had been much better for the Barrons and Nobility of this Kingdom never to have stirred or resisted the King at all; since if they had not, they had never obtained the Great Charter of ourLiberties from him; and if they had not as vigorously defended it when they had once got it^ I doubt not but the People of England had been long before this" time in the fame Condition, as to their Liberties and Properties, as some of our Neighbouring Nations ; all which is sufficient, I think, to prove that Resistance, in desperate and unavoidable Cafes, is not attended with those Mischiefs' and Inconveniences you suppose.

M. I stall not say much more in answer to your last Discourse, since it would be to little purpose, but only take notice that Similes are not Arguments; and therefore your Comparison between Thieves and honest Men doth not hold as to Princes and Subjects; since sure there is a great deal of difference between those that are to be Obeyedas the Ordinance of God, and thole who are obliged in Conscience to be subject to them, and Thieves who act directly contrary to God's WiH, and honest Men who having no obligation to them may justly resist them: So that if that be false, the rest of the Comparison will signifie nothing. And as for what you fay concerning MagnaCharta, I think it is not much for its credit to nave been extorted by Force, and afterwards defended" by Rebellion; tho' I will' not go about to impeach the Validity of it, since so many of our succeeding Kings have so solemnly and voluntarily confirmed" it; only pray take notice that it is Wholly derived from the Grace and Bounty of Our Monarch's, and therefore we are not to resist, trio' it may happen to be sometimes, and in some particular Cases, broken and infringed by the King, for some great Occasions and Necessities, ot which we are not competent Judges.

But to comfe to the rest of those evil Consequences that may attend your Doctrine of Resistance; I think the Benefits would be much greater to the People by strictly adhering to those Doctrines' of absolute SubjeElion andNon-resistance, than by propagating yours of Rebellion; for if the former were constantly taught and inculcated as most beneficial for them, and if they were once really persuaded of the Train of it, and would bbth constantly profess and practise it, it would make all Princes much more gentle and mild to their Subjects, tsiah otherwise at some times they are; for now they are still fearful that they will' take the first Opportunity they can to take up Arms against them; and upon the least Grievance or Misgovernment, to resist their Authority; for then Princes not needing to keep any fuels constant Guards artd Standing Armies, might afford to' lay much easier Taxes and Impositions upon them, for the maintenance ahdfupport of the Government, than rstyovthey do; and'in stort, would have much fewer Temptations to Tyranny and Oppression, could they be ohee assured of their Subjectsabsolute Obedience and Subjection: Whereas when they are under1 those constant Fears and'Suspicions ofInsurrections and Rebellions against them upon the least Occasion; it is no wonder if they are tempted sometimes'to abuse this Power for' their own Security. And therefore we read in our Histories, that William theConqueror never thought himself secure from the Englifi whom he had" newly conquered, till such time as he had turned most of the Nobility and'Gentry out ot their Offices and Estates, lest they stould have any Powerieft either" in his Life-time, or after his Death, rr>-ram him or his Posterity out of the Throne, as they did'the Heir of the Danijk King Cnute, who with his Dane's had'be'foreconquered England, as King William did afterwards with his Nmmani: So that upon the whole Matter it seems to me much more to conduce to the7 main design of CivilGovernment, viz. the Happiness'and Peace of Mankind in general, that" Princes and other Supreme Magistratesstould be suffered (I will not say authorized) by God, sometimes to abuse their Power to the general Oppression and. enslaving of the People, without any Resistance on their side, expecting their Deliverance wholly from him who can bring it about in his good time, and by such means as stall seem most meet to him, than that Subjects stould take upon them to be both Judges and Executioners too in their own Case; and thereby introduce not only all the Mischiefs of Civil Wart and all those cruel Revenges which the Wrath of an incensed Prince may justly inflict upon such Rebels in this Life, but also the Wrath of God, and those

Punistments

Punishments that he hath denounced in the Holy Scriptures in the Life to comej against such Rebellious Subjects as dare relist the Supreme Powers ordained by

Gad. v' . ■." ...

F. Before I answer the main part of your last Discourse, give me leave first to justify my Simile; for tho' I grant Similes are no Arguments, yet they often serve to expose the absurdity of several things, which either the false Colours of Eloquence, or the too great Authority of learned Men, might otherwise have hid from our Eyes: And therefore if the Supreme Powers have no Authority from the revealed Will <f God, or the Law of Nature, nor by the Municipal Laws of any Country, to invade their Subjects Lives, Liberties or Estates, they may be so far compared to Thieves and Robbers when they do; nor are such violent Actions of theirs to be submitted to as the Ordinance of God. And I suppose you will not deny, but that a Prince or State that does thus, acts as directly contrary to God's Will as Thieves themselves; and consequently, all honest Men or Subjects having so far no obligation to suffer or obey, may justly resist them; so that if this be true, all the rest of the Comparison curritquatuor pedibm.

But as for your Reflections upon Magna Cbarta, it is you your self, not I, that asserted it to have been extorted by Force, and defended by Rebellion; for it is very well known to those who are at all.conversant in our EnglijhHistories and Laws, that there was nothing granted in that Charter which was not the Birthright of the Qergy, Nobility and People long before the Conquest, and were comprized under the Title of King Edward's Laws, and which were after confirmed by William I; as also more expresly by the Grants of his Son Henry I. and KingStephen; as appears by their Charters still to be seen. And therefore these fundamental Rights and Privileges were" not extorted by Force from King John, as you suppose: The War commencing between him and his Barons, was not because he ■would not grant them fresh Privileges which they had not before; but because he had notfcept nor observed the fundamental Laws of the Land, and those Rights and Privileges which before belonged to the Clergy, Nobility and People, as well by the common Law of the Land, as the Grants of former Kings. And therefore if King John, by his apparent Breach of them, forced the Nobility and People to defend them, it was no Rebellion for so doing; nor was it ever declared to be so by any Law now extant. .r

But to come to the main Force of your Argument.; I confess it were an admirable Expedient, not only against Rebellion, but also the Tyranny of Princes, to Preach that they should not oppress their People, nor yet that the People should rebel against them ; but the preaching of these Doctrines, or getting as many as you can to believe them, will no more make Princes leave keeping Standing Armies, or laying great Taxes upon their People, than constant preaching against Robbery or Murder, will take away the necessary use os Gallows out of the Nation; since we know very well, that as long as the Corruption of humane Nature continues, so long must likewise all powerful Remedies against it. And therefore' your Instance of William the Conqueror will signifie very little; for I believe, had all those learned Divines (who have of late so much written and preached for v Passive Obedienceand Non-rejistance) been then alive, and had exerted the utmost of their Reason and Eloquence to prove them necessary j nay farther, I do not believe, tho' all the People of England should have given it under their Hands, that they would not have resisted or rebelled against King WtUiam, that yet he would have trusted them the more for all that, or have kept one Soldier the less for it; nor have remitted one Denier of those great Taxes he imposed; for he was too cunning and politick a Prince not to understand humane Nature, which cannot willingly endure great and intolerable Slavery and Oppression without Resistance, if Men are able; and therefore he very well knew, that after the forcible taking away of so many of the Englijh Nobilities Estates, there was no way but Force to keep them in Obedience: And as Princes can never be satisfied that their Subjects have been throughly paced in these difficult Doctrines ; so they can never be secure that they will not play the Jades, and kick and fling their Riders when they spur them too severely, and press too hard upon them. And therefore, I doubt such Princes whose Government is severe, will always find it necessary to ride this Beast (as you call it) the People, with strong Curbs and Cavisons. But besides all this, there is likewise another Infirmity in the Nature of Mankind, and of which Princes may as well be guilty as other Men, that they are more apt to oppress and insult over those, whose Principles or natural Tempers may be against all Resistance. And for this I appeal to your Example of thePrimitive Chrifiiansi who were not one jot the better used by the Roman, Emperors, tho' they exprefly disclaimed all Resistance of those Emperors for Persecution in Matters of Religion: And tho' some Neighbouring Princes are thought to have their Subjects in more perfect Subjection, and that either.their Religion or Natural Tempers make them less apt to resist the Violence and Oppression-'of'.their Monarchs, than .the English, or other Nations j yet I desire you to enquire, whether Taxes, and all other Oppressions, do not reign as much under thole (Governments, however sensible the Princes may be of their Subjects Loyalty and Obedience.' .,,

Therefore to conclude, I fliall freely leave it to your Judgment, or that of any indifferent Person, which is most agreeable to i the, main Ends&f Civil Government, v«. The common Good of Mankind, and the Happiness and Safety of each particular Kingdom or Commonwealth,, that the Violence and Tyranny of Princes should be sometimes resisted"; than that tjie People, under the pretence of this, irresistible Power-, should be liable to be made Beggars and Slaves whenever any Prince or State had a mind to it. And I appeal to your own Conscience, if the supposed Belief of the Passive Obedience of some of our Church, was not one of the greatest Encouragements which the King and the Jesuited Faction had to bring in the Popish Religion, under the colour of the DispensingPower, Ecclesiastical Commissioners, and force of a Standing Army, from which unavoidable Mischiefs nothing under God but this wonderful Revolution could have rescued us: And therefore I think it becomes any honest Man to thank God for it, and join with his Highness the Prince of Orange, as the only means (now Miracles are cealed) which God hath been pleased to ordain by the course of his Providence for our Deliverance. _ •J1 .

M. I must confess, I am somewhat staggered with those Reasons and Argument you have now given me against those Principles, which as I have always, so must still esteem as sacred, till I am convine'd I am in an Error,- and perhaps, if I were to consult my own carnal Reason and natural Inclinations, I should come over to your Opinion. But since it hath pleased God to lay much higher Restraints and stricter Rules of Obedience and Subjection on us, by his revealed Will in the Scripture, beyond what can be discovered by. the Light of Nature; and that under the highest Penalty, viz,. Damnation; I can see no reason why God Almighty may not grant Eternal Life upon what Conditions he pleases, tho' never so hard and uneasy for Flesli and Blood to perform: So that if our Saviour JesmChrjfi hath commanded us to take up his Cross and follow him, that is, to suffer all-sorts of Injuries and Afflictions, nay Death it self (as he himself did) rather than to resist the Supreme Powers under which he lived ; I cannot see any reason why he should not propose his own Example for our Imitation: And as he hath enjoined, and expects from us greater Degrees of Chastity, Charity and Humility, than ever he did from the Jews orPagans; so I fee no reason why he may not likewise exact from us a greater and more perfect Obedience and Submission, without any Resistance to all Soveraign Princes and States, than ever he did either by the Law ofMoses, or that of ±Tature; not but that there are sufficient Proofs in the Old Testament, for the absolute Power ofPrinces against all Rebellion or Resistance in Subjects : Tho' I confess this Doctrine is more plainly proved by the Example of our Saviour, and the Precepts of his Apostles in the New Testament, as also from the Example of thePrimitive Christians in Obedience thereunto. - ;' • ..

F. I perceive you begin to distrust your Arguments drawn from natural Reason and the Laws of Nature j and when you are prefled with the absurdity of this Doctrine of yours, you fly from God s Natural to his Revealed Will, and take Refuge under the Covert of the Holy Scripture, to impose an Opinion contrary to the common Sense and natural Notions of Mankind, not corrupted with the Prejudices of Education: And therefore give me leave at present to tell you, that I think I shall be able to prove, that the Pajsive Obedience (as you call it) of thePrimitive Christians, and their Sufferings for the Name of Christ, will not at alt contradict that natural Right, which I suppose all Freemen to have, as well under Civil Government as in the State of Nature, for the defence of their Lives, Liberties and Properties, unless where the common Good and Peace of the whole or major Part of the People require the contrary : And therefore the fame Reasons

T which which oblige particular Persons to be quiet, and not to disturb thtfpublick Peace of the whole Society, for their own private Safety and Advantage; unless when, the whole Body of the People, or the major Part of them is thus violently ailaul" ted in their Lives, Liberties and Estates; the fame Considerations of thepubliofc Good of their Country (whereof every Man is a Member) doth then as strongly' 'persuade, I may say en/oyn them to take up Arms arid defend thenlselves for- the Preservation of the whole People or Community, whose natural and civil Rights being nowattack'd, can no otherwise be restored to the same State they wera inbefore, but by that last Remedy that can be used in this Cafe, viz,. Vim mi repeSere.

M. I must confess that of all Commonwealth Hypotheses, yours is most reasonable, ! being coherent with it self, and also most likely to be swallowed by the Peopte j

because it flatters our corrupt Natures, to which this Christian Doctrine of Pajfiw Obedience is so directly opposite; as also, because it gives them a full Liberty,:! mean, not only the Representative Body, but the major part of them, to reasiume that Power which you pretend they never parted with; and so consequently alt ife» ceffity of suffering (except when they please to think they have justly deserved k) is taken away; and the Sufferings of the Primitive Christians wilt be rendered only a tame Madness, and that St. Paul was very much overseen to enjoyn this SfllH jection to the Romans, under the Government of one of the most cruel Tyranti that ever sway'd that Scepter: But we have not so learned Christ; and therefot* 1 am firmly persuaded, that we ought to be strictly Obtdient, without any Ra* fistance to those Civil Governors that God hath been pleased t6 set over us, let them abuse their Power never so Tyrannically.

F. 1 am beholden to you for your plain dealing with me in this Matter, and pleased to find that you have an Inclination to my Principles, were it not for somi Texts of Scripture and Citations out of the Fathers and Church History which give you a Prejudice against them, which I hope wheri they come to be closely examined will signifie no more than the former. '1

But for the dispatching this important Controversy, I pray give me leave' to propose this easy Method; first, that you would be pleased to lay down your Au* thorities out of Scripture in order; and afterwards, to shew me that the ahcieHi Fathers and Primitive Church always understood those Texts in the {ame Senso that you do, viz.. That no Resistance of the Supreme Powers is lawful to be "ttj* ercised[in any Case whatsoever.

M. I approve of your Proposal, and therefore I will first begin with those Probft which are expresly against all Rebellion or Resistance in the Old Testament. The S. C. R. cb. first Governor that God set over the Children ofIsrael, when he brought them oYtt »• t- 7- of the Land of Egypt, was Moses; and I think I need not prove how sacred and irresistible his Authority was: This is sufficiently evident in the Rebellion of Numb. 16. Korah, Dathanand Abiram, against Moses and Aarm, when God caused the Earih to open her Mouth and fwaSow them up. And lest this should be thought an extradf* dinary Cafe, Moses and Aaron being extraordinary Persons immediately appointed by God, and governed by his immediate Direction ; the Apostle St. Jude alledge? Juti v. ii. this Example against those in his Days, who were Turbulent and Factious, vJbi despised Dominions, and spake evil ofDignities, that they should perijh in the gainsaying Core; which he could not have done, had not this Example extended to all orarnary as well as extraordinary Cases; had it not been a lasting Testimony of God'* Displeasure against all those who oppose themselves against Soveraign Powers. Bat Moses was not always to rule over them, and therefore God expresly provides se* a Succession of Soveraign Powers, to which they must all submit: The ordinary Sorueraign Power of the Jewish Nation, after Moses's Death, was dcvolv'd either on the High Priest, or those extraordinary Persons whom God was pleased to raise up, such as joflua and the several Judges; till inSamuel's Days it settled in their Uid.p. 8. Kings. For as for the Jewish Sanhedrim, whose Power is so much extolled by thfe Jeviijh Writers (who arc all of a late Date, many Years since the Destruction of Jerusalem, and therefore no competent Witnesses of what was done so many Ages before) it does not appear from any Testimony df Scripture, that there was' such a Court of Judicature, till after their Return from the Babylonish Captivity.

But yet God took care to secure the Peace and good Government of the Nation, by appointing such a Power as should receive the last Appeals, and whose Sentence in all Controversies should be final and uncontroulable, as you may fee in




{139}

Deuteronomy, chap. ij. There were indeed inferior Magistrates and Judges appoin* T>eut. 17. v. ted in their several Tribes and Cities, which Moses did by the Advice of Jethro 8> 9> Ic» "» his Father-in-law, and by the Approbation's God. But as die Supreme Power lg was still reserved in the Hands pf Moses while he liv'd; so it is here secured to the %° '1 * High Priest or Judges after his Death; for it is exprefly appointed, that if those inferiorJudges could not determine the Controversy, they should come unto the Priestst the Levites, that is, the Priests of the Tribe of Levi (who by the 12th Verse appear only to be the High-Priest) and to the Judge that shall be inthose Days; that is, if it shall be at such a time when there is an extraordinary Judge raised by God (for there were not always such Judges in Israel, as is evident to any one who reads the Book of Judges) they should enquire os them, and they shall stew the Sentence of Judgment; and thou shalt do according to the Sentence, which they ofthat Place (which the Lord shall chuse) stall stew thee, and thou stalt observe to do according to all they stallinform thee: And what .the Authority of the Chief Priest, or of the Judge, when, there was one, was in those Days, appears from ver. 12. And the Man that will do presumptuously, and will not hearken to the Priest (thatstandeth to Minister there before the Lord thy God) or unto the Judge, even that Man stall die, and thou stalt putaway the Evil from Israel: This is as absolute an Authority as the mdst absolute Monarch S.C.Rtf. 10, in the World can challenge, that Disobedience to their last and final Determina'tion, whatever the Cause be, shall be punifli'd with Death: And what place can there be for Resistance in such a Constitution of Government as this? It is said indeed, ver. 11 And according to the Sentence of the Law which they stall teach thee, and according to theJudgment that they stall tell thee, thou stalt do. And hence some conclude that they were not bound to abide by their Sentence, nor were punishable if they did not, but only in such Cases when they gave Sentence according tothe Law of God: But these Men do not consider that the Matter in Controversy is supposed to be doubtful,, and such as could not be determined by the inferior Courts, and therefore is submitted to the Decision of the SupremeJudge ; and as he determin'd, Ibid p. n« so they must do; and no Man, under the Penalty of Death, must presume to do otherwise; which takes away all liberty of Judging from private Persons, tho' this Supreme Judge might possibly mistake in his Judgment, as all humane Judicatures are liable to Mistakes; but it seems God Almighty thought it necessary that there should be some final Judgment, from whence there should be no Appeal, notwithstanding the possibility of a Mistake in it.

So likewise when God had appointed Jostua to succeed Moses, and had conferr'd upon him all that Power thatMoses had before; and that he came to give his Orders to the two Tribes and an half before their Passageovet.Jordan, you'll find that they not only promis'd him perfect Obedience, as they had before pay'd to Moses;but farther also assur'd him, That whosoever he be that doth rebel against thy Joshua ,, jg. Commandment, andwill not hearken unto thy Words in all that thou commandest him, he stall be put to Death: So that there' was aSupreme and Soveraign, that is, an unaccountable and irresistible Power in the Jewist Nation appointed by God himself; for indeed it is not possible that the publick Peace and Security of any Nation should be preserved without it.

P. You have, Sir, methinks taken a great deal of Pains to prove that which I do not at all deny, but rather /oynwith you to assert, that Stubbornness and Disobedience to God's Commands is a very great Sin, and theRebellion thereunto it likened to the Sin of Witchcraft; as,Samuel shews to no less a Man than King Saul himself, when he had rebelled against (that is, disobeyed) God in not destroying . the King of the Amalekites; and therefore it is no wonder, that in a Govern- m' J' ment where God himself was the Head, and had appointed Mosesand Aaron as his Lieutenants or Substitutes under him, the one in Civil, and the other in Ecclesiastical Matters;that God should punisli their Murmuring and Rebellion against them as done to himself; not that I deny but that St. Jude does likewise denounce this Judgment of perishing in the gainsaying of Core, against those wicked Hereticks the Gnosticks, who thought themselves set free from all Civil Subjection, and therefore despisedDominions, and spake evil of Dignities; that is,'not the Men invested with them, but Civil Magistracy it self; which they look'd upon as inconsistent with their Christian Liberty,

But yet for all this, and that I grant God denounced no less than the Sentence of Death against any Man that refused to hearken to the Priest, or urito the Judge, in those Matters that should be brought before them by way of Appeal; and also,

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that whoever would not obey Joshua, but should rebel against his Commandments, should be put to Death ; yet can I not think that there was any Irresistible Power, plac'd by God, in the Persons of Moses, Joshua, or theJudges, or that it was not possible for the publick Peace or Security of the Nation to be preserv'd without that : But indeed all these Persons above nam'd, being to be obeyed as God's Substitutes or Lieutenants, as he was King of the Children of Israel, so likewise their Commands or Dictates were only -so far to be observ'd as they performs this Commission; and if they had swerved from it, I doubt not but they might not only have been disobeyed, but also resisted by them : And therefore pray tell me, suppose this Rebellion of Core had happened because Moses, making himself a distinct Party amongst the mix'd multitude of Strangers that came up with them out of the Land of Egypt, and others of his own Tribe, or whom hecoulfl Exod. 12.38. bring over to his Faction, under colour of this Soveraign Power (which God had given him) had, instead of leading and governing the People committed to his Charge, taken upon him to have rob'd them of all those Goods and Riches which they had brought with them out of the Land of Egypt, and had sold the People Ot their Children for Slaves to the Neighbouring Nations, to enrich himself and his Family do you believe that the Children of Israel had been obliged to have obeyed such a Leader, and not have resisted him and his Party if there had been oc-. casion? So likewise, if Joshua, instead of leading God's People into the Holy Land, had taken upon him, notwithstanding God's Commands to the contrary, to have carried them again into Egypt; can you think they had been bound to obey him, and might not lawfully have resisted him, if he had gone about, by the assistance of his Accomplices, to force them to it? For I doubt not but if theft Substitutes had acted contrary to that Commission God had given them, they were no longer to be look'd upon as God's Vicegerents, no more than the now Lieutenant of Ireland,the Lord Tyrconnel, ought to be obeyed, and not resisted, if he should go about, by vertue of that Commission which the King hath conferred upon him, and by the help of the Rebellions Irijh in that Kingdom, to murder all the Protestants and set up for himself. So likewise all the strict Obedience and Submission that was to be paid to the Sentence of the High-Priest or Judge, was only in relation to God himself,'whose Sentence it was, and who always revealed his Will, either to the Judge by particular Inspiration, or to the High-Priest by the Ephod or Urimand Thummim; and therefore we read in Judges, that Deborah, tho'aWoman, yet being a Prophetess inspir'd by God, judged Israel.

Now suppose that this Judge or High-Priest, neglecting (like Balaam) the divine Inspiration; and the Dictates of that sacred Oracle, had, instead of a righteous Judgment, given a Sentence in a Cause that had come before them, whereby Idolatry, or Breach of some great Point of the Law of Moses, had been established; do you think that God ever intended that this Sentence fliould have been obeyed under pain of Death?

And therefore you may find in the second Book of Maccabees, that when Jason and Menelam had by Bribery obtained the High-Priesthood, tho* it was then the 'chief Authority (under the Kings of Syria) both in Ecclesiastical and Civil Mat

ters ; yet when they went about to undermine the Jewish Religion, and seduce the 2 Maccab. 4. People to Idolatry, they were not at all look'd upon as High-Priests, but are there *• 2 J* called ungodly Wretches, doingnothing worthy of the High-Priesthood, but having the Fury of a Cruel Tyrant and of a Savage Beast; and were so far from being at all obeyed by the Jews, that Jason, Menelam and Alcimus, who were successively High-Priests in the room of Onias, were, as far as the People were able, opposed by them; till at 1 Mueah. 7. last JudasMaccabeus taking Arms against^/c/wKj the Simoniacal High-Priest, restored ~3> *4> *J« by force the true Worship of God: So that you fee that the Obedience was not pay'd to the Person of the High-Priests, only as such, by vertue of this Precept in Deuteronomy, but only as far as they observed the Law of Moses, and gave Sentence or Judgment in all Matters according to it. And therefore it is no good Argument of .yours, because the People were bound to obey their Sentence in doubtful Cases, therefore they had an absolute irresistible Power to give what Judgments they pleased, and that the People were obliged to observe them under pain of Death, and being guilty of Rebellion; for that had been to have given the High-Priests and Judges a Power to have alter'd the true Worship of God whenever they pleased,' and to have introduced Idolatry in the room of it. So that I think none of these Places will prove any more, but that God and his Lieutenants

were

were to be obeyed; and that it was Rebellion to refist them under the Jewi/h Government, as long as they did not force the People to Idolatry, which I do not at all deny.

M. Tho' you labour to wave these Examples and Precepts which I have now cited, and will not take them for convincing; yet let me tell you, your Exceptions against them only tend to prove that Idolatrous Kings might be resisted under the JetvijJ} Law, which is directly contrary to the sacred History ,• as I shall prove very clearly to you by these following Testimonies I shall make use os; yet I think it is much more plain, that when the Jewswould have a King, their Kings were to S. if. 5. P. be invested with a Supreme and Irresistible Power; for when they desired a King Mi. of Samuel, they did not desire a meer nominal and titular King, but a King to, Sxm g ,Judge than, and go in and out before them, and Fight their Battels, that is, a King 19,2a whp had the Supreme and Soveraign Authority, a King who should have all that Power of Government (excepting the peculiar Acts of the Priestly Office) which either their High-Priest or their Judge had'before.

And therefore when Samuel tells them what shall be the Manner of their King, i 8. 6, tho'what he says doth necessarily suppose the Translation of the Soveraign and Ir- 19,10. resistible Power to the Person of their King, yet it doth not suppose that their Ver. u. King had any new Power given him, more than what was exercised formerly by the.Priest and Judges; he doth not deter them from chusing a King, because a £ c. R. P. King should have greater Power, and be more uncontroulable and irresistible;. 12,15. than their other Rulers were; for Samuelhimself had before as Soveraign and Irresistible a Power as. any King; being the Supreme Judge of Israel, whose Sentence no Man could disobey or contradict, but he incurred the Penalty of Death, according to the MosaicalLaw: But the Reason why he dissuades them from chusing a King, was because the external Pomp and Magnificence of Kings was like to be very chargeable and oppressive to them ; Jsewill take your Sons and appointthem for himself, for his Chariots, and to be his Horse-men, and some shall run before his Chariots. And he -willappoint him Captains over Thousands, and Captains over Fifties, and -willset them to ear his Ground, and to reaphis Harvest. And thus in several Particulars he shews them what Burdens and Exactions they will bring upon themselves by setting up a King, which they were then free from; and if any Prince lhould be excessive in such Exactions, yet they had no way to help themselves; they must not resist nor rebel against him; nor expect that, whatever Inconvenience they might find in Kingly Government, God would relieve and deliver them from it when once they had chosen a King: Ye shall cry out in that Day, because of your King yer. 19. that you havechosen you; and the Lord will not hear you in that Day ; that is, God will not alter the Government for you again, how much soever you may complain of it.'

ThiSj I lay, Is a plain Proof, that their Kings were to be invested with that Soveraign Power which must not be resisted, tho' they oppress their Subjects to maintain their own State, and the Grandeur and Magnificence of their Kingdoms. But I cannot think that these Words contain the Original Great' and Charter of Regal Power, but only the Translation that was formerly in their High-Priests or Judges to Kings: Kings had no more Power than their other Governors had, for there can be no Power greater than that which is irresistible: But this Power in the Hands of Kings was likely to be mere burdensome and oppressive to them, than it was in the Hands of their Priests and Judges, by reason of their different way of Living; which is the only Argument Samuel makes use of to dissuade them from transferring the Supreme and Soveraign Power to a King; and therefore I rather chuse to translate Mishp'at, as our Translators do, by the Manner of the King, than with some learned Men, by the Right ofthe King, thereby understanding the Original Charter of Kingly Power; for it is not the Regal Power whichSamuel hereblames, which was much like that which he himself had exercised while he was Supreme Judge ofIsrael, but their Pompous way of living, which would prove very oppressive and burdensome to them, and be apt to make them complain, who had not been used to such Exactions.

P. You have, I must confess, made a much fairer Exposition of this out of Samuel, than divers of our high-flown Divines, who would render this Mtfipat as it is in the Hebrew, i. e. the Manner cf the King, by Right of the^ King; whereby they would entitle all Kings whatsoever to. an absolute Right to all their Subjects Estates, whenever they would take them away; not taking notice that this Word

Mijbpat

[graphic]

Miflyfat is sometimes used not only in a good, but a bad Sense, not for Right or Power, but for an evil Customor Abuse; and therefore you may find, in the second Chapter of this Book of Samuel, that speaking of the Sons ofEli, who -were Ver. 12, 13, Sons of Belial, they knew not the Lord, that the Priests (viz.. their) Custom with the14. People was, that when any Man offered Sacrifice, the Priests Servant came, whilst the Flejh

-was in seething, with a Flejh-hook of three Teeth in his Hand; and he strook it into the Pan, or Kettle, orCaldron, or Pot; all that the Flejh-hook brought up, the Priest took for himself: so they did /'wShiloh, unto allthe Israelites that came thither. Where I desire you to observe, that that which is rendered in our Translation thePriests Custom, is in the Hebrew Mijhpat, which they render Right; so that if this Word would do it, these wicked Priests had also a Right to take away as much of every Man s Sacrifice as they pleased for themselves; nay, to take it before God himself was served, and the Fat burnt (according to the Rites of Sacrificing.) And by the fame Rule, Kings also by this Word Mijhpat should have a Right to take what they pleas'd of the Subjects Estates.

I do likewise so far agree with you, that Samuel does not here describe a Tyrant, but one of those absolute Eastern Princes, who made use of a great part of their Subjects Estates (as they do at this day) to maintain their Standing Armies, and Royal Pomp and Magnificence. So that I grant, in short, Samuel meant no more when he thus spake to them, but, Since you will have a King, he must be maintained like a King, and very great Taxes will be laid upon ybit for this end; of which Burden if you should hereafter be weary, or would cast it off again, you shall by no means do it: For since this King shall obtain the Crown, not only by God's Appointment, but by your own Choice or Election, it shall not be in your power again to depose him, since it is your own Act: And therefore Samuel tells them, That when they jhould cry unto the Lord in that Day, because of the King which theyhad chosen, the Lord would not hear them. And as long as this King kept himself within these bounds, I grant he was not to be resisted.

Yet nevertheless, this Place you have now cited, as it is very far from patronizing Tyranny, or all the Abuses of Regal Power; so neither do I think it was Samuel's meaning to make the Kings of Israel so absolute or irresistible,as that upon no account whatsoever the People might disobey or resist them, let them use this Power never so wickedly, nay, contrary to God's express Commands, and the Ends of all Civil Government: And therefore pray tell me; suppose, instead of these necessary Burdens, which they mould be subject to when they had a King,Samuel had spoke thus to them: This King (whom you desire) shall prove an Idolater, and as cruel a Tyrant asPharaoh, or any of the Kings of the Philistines, Canaanites, or any other Nations who so long tyrannized over you; and shall take away all your Estates, and Lives too, at his good pleasure, without any Crime, or legal Trial; and in short, will not only himself use you for Slaves, but fell you and your Children for Bondmen to theEgyptians, and other Nations, and shall lay such grievous Tributes and Burthens upon you, that you shall be scarce able to live under them.

Now can any Man think, if the Israelites had been really persuaded, that their King must have such an absolute and arbitrary Power, as a necessary and inseparable Prerogative of his Crown, they would ever have been so fond of such a GoVer. 20. vernment, as to have cried out with one Consent ,• Nay, but we will have a King over us,that we may be like other Nations; But, sure, not to tyrannize over and enslave us, but that he may judge us, andgo out before tu, and fight our Battels. Or do you think, if they had had such a King as this, they would ever have long endured him? For that the Children of Israel did not conceive that their Kings had such an absolute and arbitrary Power over them, as to oppress them with Taxes, and to make their Yoke more grievous to them than they were able to bear, or to tyrannize over them at his good pleasure, appears plainly by the Story in the first of Chap. 12. Kings, concerning the Children of Ifrae fs assembling together zxShechem, to make Rehoboam King: And you'll find the Preliminary Conditions of his Government Ver. 3,4. were these : AH the Congregation ofIsrael came, and spake unto Rehoboam, saying. Thy Father made our Toke grievous: Now therefore make thou thegrievous Service of thy Father, and his heavy Toke, which lx put upon m, lighter, and we witt serve thee. But see the Answer that Rehoboam made them, according to the Wisdom of his young Ver. to, 11. Counsellors: My littleFinger JhaH be thicker than my Father's Loins ; and whereas my Father did lade you with a heavy Toke, I willadd to your Toke; My Father has chastised

you you with Whips, but IwiS chastise you "With Scorpions. And mark what follows upon this Answer : So whenall Israel Jaw, that the King hearkened not unto them, the People Wet. 16. answered the King, faying, WhatPortion have vie in David? neither have we Inheritance * in the Son of Jesse; To your Tents, O Israel": Now fee tothine own House, David. So Israel departed unto their Tents. And it is farther said, So Israel rebelled Ver. ip. .against the House of David unto this day. Nor is this Action at all blamed or disapproved by the Scripture, or rebuked by any Prophet at that time; for tho' the Word is here translated, they rebelled; yet in the- Hebrew it signifies no more than feti away front ot revolted: And it is saift before, that the King hearkened not -to the People : For'the Cause ("which may be also translated R £ v o L » T i o N) was i Kings 12. from the LoidT thatbe might perjorrH his Saying, which he spake by Ahijah the Shilonite iy* unto Jeroboam, when, in the Chapter before, the Prophet promis'd him the Kingdom of the Ten Tribes, and that God would rend them; out of the hand of Solo~tmz (i. e. his Posterity) and give'them unto him, who thereupon had a Right to them : And that,' upon his being made King by the People, he had also a Right to 'their Obedience, Is as evident; since to continue in a Stare of Rebellion towards one King, and an Obligation to obey another, are absolutely inconsistent in the fame Subject, as'I have already, proved at our second Conference. And therefore I cannot but here take notice ofthat rational Account which the Earl of Clarendons in his Survey of the Leviathan, which you before quoted, gives ofthis Revolution. *' Nor did the People (viz,, of Israel) conceive themselves liable to' those Imposi"tions; as appears by the Application they made to Rehoboam upon the Death "of Solomon, that he would abate some of that Rigour his Father had exercised ** towards them, the rough Rejection of which, contrary to the Advice of h*s ** wisest Counsellors', cost him1 the greatest part of his" Dominions: And when.

 Rehoboam would by Arms have reduced them to Obedience, God would not

• suffer him, because he had been in the fault himselsi11 *

As. After this extravagant way of arguing, whenever the Subjects of any Nation shall think themselves tooniUch oppress d with Taxes, or other Grievances, above what they are able to bear, if they are not eas'd by the King or Supreme Magistrates upon the first Petition, they may presently cast off that Power they were under, and set up another,"that would govern them upon cheaper Terms: Wf*iP the People of Israel had tftis Right, why may not all other Nations claim the fame? And this Doctrine, however comfortable it might be to the People, 1 am sure it would be very mischievous to Ssi the Monarchies and Commonwealths 5ft the World ; and it is likely that the Subjects of the French King, nay States of Holland, and other Princes, Would quickly take the first Opportunity, either to make their Princes and States to tax them no more than they please themselves, Or etfe they may presently cry with the Israelites, To thy Tents, O Israel. Nor can I fee how the King and Parliament inEngland would be in a much better Condition in relation to the People they represent, should they impose greater Taxes than they thought they could afford to pay. And this Privilege you give the Ifraelhes seems to be clean contrary to what you laid down at our list Conferences wherein you excepted great Taxes and Tributes to Princes or States, as no just Cause of Resistance, or taking up Arms : And therefore I think I may very well maintain the old Doctrine about this matter, and that tho* God did rend the Kingdom from Rehoboam, and bestow it upon the Son of Nebat, Whom also when the People had made King they were obliged to obey, ;becausc it was God*s Will it should be so, who gives and takes away Kingdoms from whomsoever he pleases j yet doth not this at all justify the Rebellion of the Jfi-aelites, or Jeroboam's Usurpation df his Master's Kingdom; since God oftentimes makes use of this Rebellion of the People to execute his Judgment upon a sinful Prince and Nation: And therefee it is very remarkable, that after this Rebellion of the Israelites from the House of David they never prospered ; but, by their Kings still falling one after another .'inrothe fame Idolatry, God at last was so highly provoked against them, that he suffered them to be carried away Captives into a strange Land, near two hundred Years before the Tribes of Judah and Benjamin underwent the fame Fate, for the like Crime. * A

F. I hope you will not bfe in a passion, because I have brought this Instance of the Israelites Defection fromRehoboam, as an Example of the Right that Subjects' may have, in those Cases I have put, to resist or cast off those Supreme Powers that God had once set over them : For I do confess, Divines and other Authors



{144}

arc much divided about this Action of the Israelites, some maintaining* it to be well done, and in pursuance to God's Will, and others holding it to be downright Rebellion. And therefore I /hall not positively assert either the one or the other, much less that Subjects may rebel whensoever they conceive themselves overtax'd: But thus much I think I may safely affirm, that if the Israelites had no Right upon any score whatsoever to resist, I cannot see why Kehoboam might not have made them, if he had pleas'd, as errant Slaves as ever their Ancestors were inEgypt; and what he else meant by saying, instead of fyhips to chastise them with Scorpions (which were a sort of thorny Rods, with which the Jews corrected their Slaves and Malefactors) I cannot understand. And as for Taxes, tho' I confess there is no setting any exact Measure to them, since no Man can positively define what the Exigences of a State may require; and I think no good Subjects ought to. deny to contribute as much as ever they are able to afford, to maintain the Government they Jive under, as long as they receive the Protection of it: So, on the other side, should the Supreme Power of any Nation (where the People are not meer Slaves) under the pretence of laying necessary Taxes for the Maintenance or Preservation of the Government, be constantly exacting from the People more than they are able to pay: As if, for example, they should out of every Man's Estate takeNineteen Parts, and'Ieave but the Twentieth for the Subsistence of those that own it; I dp not think, in that cafe, the People were obliged, in "conscience to pay it, and might in such case lawfully resist those Officers that lhould come to levy it by force, '"' .

M. I could have argued farther against what you have now said, concerning this Right 9s the People ofResisting, in case of extravagant or intolerable Taxes j but since it is not to the Subject in hand, I shall refer it to another time: And therefore, to return where I left off, I shall in the next place sliew you, how sacred and irresistible the Persons and Authority of Kings were under the Jewish Government; and there cannot be a plainer Example of this than the Case of David. He was himself anointed to be King after Saul's Death; but in the mean time he was grievoufly persecuted by Saul, who pursued him from one Place to another, with a design to take away his Life. How now doth David behave himself in this Extremity? What course doth he take to secure himself from Saul? Why he 5. c. R. 28, takes the only course that is left to a Subject; he flies for it, and hides himself from 29. Saul in the Mountains and Caves of the Wilderness, and when he found he was

discovered in one place, he removes to another: He kept Spies upon Saul to ob* serve his Motions, not that he might meet him to give him battle, or to take him at an advantage, but that he might keep out of his way, and not fall unawares into his hands.

Well, but. this was no thanks to David, you'll fay, because he could not do otherwise: He was too weak for Saul,and not able to stand against him; and therefore had no other Remedy but Flight : But yet we must consider, thatDavid was a Man of War, he flew Goliah, and fought the Battles of Israel with great Success: He was an admired and beloved Captain, which made Saul so jealous of him; the Eyes of Israel were upon him for their next King, and how easily might he have raised a potent and formidable Rebellion against Saul? But he was so far from this, that he invites no Man to his assistance; and when some came uninvited, he made no use of them in an offensive or defensive War against Saul: Nay, when God delivered Saul twice into David's hands, that he could as

1 Sam. 2$. easily have killed him as have cut off the Skirts of his Garment at Engedi, or as have

2<f. taken that Spear away which stuck on the Ground at his Bolster, as he did in the Hill of

Hachilah; yet he would neither touch Saul himself, nor suffer any of the People that were with him to do it, tho' they were very importunate with him to let

4. them kill Saul; nay, tho' they urged him with an Argument from Providence,

25. 8. that it was an Evidence, that it was the Will of God that he sliould kill him,

because God had ttow delivered his Enemy into his hands, according to the Promise he had

Ib. p. 30. made to David. We know what use some Men have made of this Argument of Providence to justify all the Villanies they had a mind to act; but David, it seems, did not think," that an Opportunity of doing evil gave him a Licence and Authority to do it. Opportunity, we fay, makes a Thief, and it makes a Rebel and a • Murderer too. No Man can do any Wickedness which he has no Opportunity of doing; and if the Providence of God, which puts such Opportunities into Mens hands, might justify the Wickedness they commit, no Man can be chargeable with any Guilt, whatever he does; and certainly Opportunity will as soon • justify any other Sin, as Rebellion, and the Murder or" Princes. We are to learn our Duty from the Law of God, not from his Providence; at least this must be a settled Principle, that the Providence of God will never justify any Action, which his Law forbids.

And therefore, notwithstanding this Opportunity which God has put into his hands to destroy his Enemy, and to take the Crown for his Reward, David considers his Duty, remembers, that tho' Saul were his Enemy, and that very unjustly, yet he was still the Lord's Anointed. 'The Lord forbid, fays he, that IJbmld do this unto my Master,the Lord's Anointed, to stretch forth my Hand against him, feeing he is the Lord's Anointed. Nay, he was so far from taking away his Life, that his Heart smote him for cutting off the Skirt of his Garment. And we ought to observe the Reason David gives, why he durst not hurt Saul, because he was the Lord's Anointed; which is the very Reason the Apostle gives in the Romans, because the^om. 13. t, Powers that are, are ordained of God, andhe that refisteth the Power, refisteth the Ordi- 2" nance of God. For to be anointed of God signifies no more than that he was made King or ordained by God. For this external Unction was only a visible Sign of God's Designation of them to such an Office; and it is certain they were as much God's Anointed without this visible Unction as with it. Cyrus is called God's Anointed, Isa. 45. u tho' he never was anointed by any Prophet, but only designed for his Kingdom by Prophecy; and we never read in Scripture, that any Kings had this external Unction, who succeeded in the Kingdom by Right of Inheritance, unless the Title and Succession were doubtful; and yet they were the Lord's Anointed too, that is, were plac'd in the Throne by him. So that this is an eternal Reason against resisting Sovereign Princes, that they are set up by God, and invested with his Authority; and therefore their Persons and their Authority are sacred. >

F- 1 am so far from differing with you in what you have said concerning this Example of David towards Saul,tho' his Enemy, that I think it ought to be a Pattern to every single private Man, tho' never so great, in a Kingdom or Commonwealth, how tO comport himself towards the Supreme Powers, if he himself alone be unjustly persecuted by them either in his Lite or Estate, that is, to fly jf he can, tho' with the Loss of all his Estate, rather than resist. Tho' there are some Circumstances in this Story of David, that make it evident that he' did not think a defensive War against those Cut-throats that Saul might send to kill him unlawful; and so much Dr. Fearnhimself, in his first Discourse call'd Resolving o/Sect. 2. Conscience, &c. against Resistance of the HigherPowers, acknowledges: For David, when he fled from Saul, made himself Captain of four hundred Men, which Num-1 Sam. 22.a. ber soon encreascd to six hundred, and still every day grew more by Additions. ~7T 2 J* Now why should he entertain those Men, but to defend himself against the For- \t iron*I2' ces of Saul? that is, to make a defensive War, whenever he was assaulted by them. -;;

As. I think I can give you a sufficient Answer to this, and therefore you must observe, that David invited none of these Men into him; but they came as V0-&C.21. p.32. lunteers after a beloved Captain and General: Which shews how formidable he could easily have made himself, when such' Numbers resorted to him of their own accord.

When he had them, he never used them for any hostile Acts against Saul, or any of his Forces: He never stood his ground when he heard Saul was coming, but ahvays fled, and his Men with him ; Men who never were us'd to fly, and were very ready to have served him against Saul himself, would he have permitted them. And I suppose you will not call it & defensive War, to fly before an Enemy, and to hide themselves in Caves and Mountains; and yet this was the only defensive War which David made with all his Men about him: Nay, all that he would make, and all that he could make, according to his professed Principles, that it was not lawful to stretch out his Handagainst the Lord's Anointed. And when these Men are pursued, as David was, by an enraged and jealous Prince, I will not charge them of Rebellion, tho' they fly before him by thousands in a Company.

Yet there was sufficient Reason why David should entertain these Men, who voluntarily resorted to him, tho'he never intended to use them against Saul: For some of them served for Spies, to watch Saul's Motions, that he might not be surprized by him, but have timely notice to make his Escape. And the very Presence of such a Number of Men about him, without any hostile Act, preserved

U him'

him from being seiz'd on by some officious Persons, who otherwise might have delivered him into Saul's hands. And he being anointed by Samuel to be King after Saul's Death, this was the first Step to his Kingdom, to have such a Retinue of valiant Men about him; which made his Advancement to the Throne more easy, and discouraged any Oppositions, which might otherwise have been made against him; as we fee it proved in the event, and have reason to believe that it was thus ordered by God for that very end. It is certain that Gad the Prophet* and Abiathar the Priest, who was the only Man who escaped the Fury of Saul, when he destroyed the Priests of the Lord, were in David's Retinue ; and that David enterprized nothing, without first asking Counsel of God: But he who had anointed him to be King now draws Forces after him, which after Saul's Death should facilitate his Advancement to the Kingdom.

F. I cannot think your Answer to this Objection satisfactory; for first, it is evi

1 Sam. 22. 1. dent, that when David was at the Cave of AduUam, his Brethren and all his Father's House, as soon as they heard it, went down thither to him: And tho' it be not expresty said, that he sent for any to come to his Assistance, yet it is plain he refused none that came ; and to what purpose should he make use of so many as 400 or 600 Men, unless it were to defend himself against those Men that Saul might send against him, since half a score or twenty Persons had been enough to have served for Spies? And if he had thought himself obliged only to run away^ three or four Servants had been enough in conscience to have waited on him in any neighbouring Country : But that David thought it no Sin to defend himself from the Violence of those whom Saul should send to kill him, is plain from what

1 Sam.22.23. he fays to Abiathar, upon his Flight unto him after the Death of his Father: Abide thou with me;fear not  for he that feeketh my Life, seeketh thy Life, but "with me thou fialt be in safeguard. And if David had not meant by these Words to have defended Abiathar s as well as his own Life, if assaulted, and without a possibility of escaping, it had been very cold comfort for David to have only assur'd him, that he should be in safeguard with him till the first Assault that should be made upon them, but that then he should shift for himself; for as for his own part,, he would, rather permit his Throat to be cut by the King's Officers or Soldiers than resist them.

And therefore, tho' I own that it was not lawful for him to stretch out his Hani against the Lord's Anointed; since I do not allow any private Subject to kill even Tyrants, unless in a State of actual War or Battel, wherein they are Aggressors, nor then neither, if it can possibly be avoided : Yet do I not find it at all unlawful for David, or any other private Man, to defend his own Life against such Assassinates as his Prince may send against him; so it may be done without a Civil War, or endangering the Peace of the Commonwealth. And so much you your self, tho' coldly, seem to yield, when you fay, that the very Presence of such a number of Men about David, without any hostile Act, preserved him from being seiz'd on by some officious Persons, who otherwise might have delivered him into Saul's Hands: For I cannot think that David would have been at the trouble of keeping so many Men only for shew, and a Terror to those officious Persons you mention, without resisting of them, if there had been occasion.

And tho' you tell me, that his being anointed by Samuel to be King after Sauss Death, was the first step to the Kingdom, to have such a Retinue of valiant Men about him; which made his Advancement to the Throne so much the easier, and discouraged any Opposition which might have been made against him, and that we see it proved so in the Event; and therefore have reason to believe, that it was thus ordered by God to that very End, I must take the liberty so far to differ from you.

For first, I desire to know by what Authority David could list 6 or 700 Men in Arms in Sauss Territories? and whether, according to your Doctrine, they were not Rebels for joining themselves with one who was declared a Traytor by the King? And tho' you fay it was thus ordered by God, I grant indeed it was; yet doth it not appear that it was done by any Divine Revelation to Nathan ot Abiathar, but only by the ordinary Course of his Providence, like other things in the World : And therefore it is no fair way of arguing for you to affirm, that whatever David did in the matter of his own Defence, contrary to your Principles, he must needs do it by express Order from God, of which the Scripture is wholly silent: Much less doth it appear from the Story, that these Men whom David kept with him, were only to facilitate his attaining the Kingdom, as yoii

affirm; since the Scripture mentions no such thing, only that after Saul's Death 1 Sim- *• +■

he went up by God's Command to Hebron, with the Men that were with him j

and thither the Men of Judah came, and there they anointed David King over the House

of Judah. But 'tis no where mentioned, that these Men were of any use to David

for the obtaining of the Crown, since the Tribe of Judah would have made him

King, tho' these Men had not been with him : For what could 600 or 1000 Men!

do against so vast a Multitude as the whole Tribe of Judah ? And therefore it is

evident, that these Forces were for no other End than his own defence.

And tho' you make very light of this State of War in which David was, in relation to Saul; yet pray tell me, supposing that the Duke of Monmouth had really been (as he pretended ) the legitimate Son of King Charles II. but by some particular Disgust of his Fatherj or by the Intrigues ot his Competitor, the Duke of York, had been forced to fly into Scotland, and there to have defended himself with 1000 or 1500 of his Tenants and Followers, tho' without fighting the King's Forces that should have been sent against him, but flying into the High-lands, and had there maintain'd himself, as David did, by Free Quarters or Contribution of the Inhabitants, till his Father died; woujd not this have been cried out upon in all the Pulpits in England, as a most Horrid Rebellion of a Sonand a SubjeEl against his King and Father, tho' he had never dohe any Act of Hostility against his Forces,but always fled from them? And yet he, being Heir apparent to the Crown, • might have pleaded as well as David;that he kept these Soldiers about him, only to keep himself from being murdered by those officious Persons, whom his Father or Uncle might fend to apprehend him, and to have such a Retinue of valiant Men about him, as might render his Advancement to the Throne more easy, whenever his Father should die.

I shall not urge, as a farther Proof of the Lawfulness of David's Resistance of . •.: Saul's Forces, his Intention to have staid in Keilah, and to have fortified it against Saul, had not he been informed, that the Men of that Citywould have saved them- 1 Sam. ,2$. selves by delivering him up to Saul; since, I confess, it doth not certainly appear by the Text, whether David would have staid any longer there than till Saul had approach'd near that Place; whether the Keilites would have delivered him up, or hot. Much less shall I urge that other Example, which some Men make use of, of David's going to the last Battle against Saul with Achijh, King of the Philistines s For tho' it be plain he march'd with them as far as Apkek in the Tribe of JJJachar; yet I confess it is not certain, whether he really intended to have assisted them or not, in this War against his Country; since he might either have gone over to Saul at the Beginning of the Battel, or else have stood neuter; tho' neither of them Would have been very honourable, or consonant with David's Character: Therefore I {hall say nothing of this, since the Lords of the Philistines, for fear he mould prove an Adversary to them in tlx Battel, made him retire again into the Land of 1 Sam- 29the Philistines; tho' he seem'd to be very much troubled to be so distrusted, that 3> 4» 8. he might not fight against the Enemies of that King, who had so good an Opinion of him. And therefore I pray you will proceed to those other Examples you have to produce out of the Old Testament.

As- Well, since you are not satisfied with this Instance of David, (tho' I am glad you allow the Persons, even of Tyrannical Princes, to be sacred) therefore to proceed in the Jewish History, Solomon, who succeeded David in his Kingdom, did all those things which God had exprelly forbid the King to do. He sent S.C.K. p*37< into Egyptfor Horses: He multiplied Wives, and loved many strange Women (to- 3sgether with the Daughter of Pharaoh)Women of the Moabites, Ammonites, &c. He 1 Kings 1 r. multiplied Silver and Gold. And tho'God (who is the only Judge of Sovereign 1. Princes) was very angry with him, and threatens to rend the Kingdom from him, 10* *7* which was afterwards accomplisti'd in the Days of Rehcboam; yet this did not give Authority to his Subjects to rebel. If to be under the Direction and Obligation of Laws makes a Limited Monarchy, it is certain the Kingdom of Israel was so. There were some things which the King was exprelly forbid to do, as you have already heard; and the Law of Moses was to be the Rule of his Government, the standing Law of his Kingdom: And therefore he was commanded, when he came to the Throne, to write a Copy of the Law with his own Hand, and toread in it all his Deut.17.18, Days, that he might learn to fear the Lord his God, and to keep all the JVords of hisLaw, 19, 2°. and these Statutes, to do them. And yet being a Sovereign Prince, if he broke these

Jj 2 T

Laws, God was his Judge and Avenger; but he was accountable to no Earthly Tribunal. Nor do we find, tho' there were so many wicked and idolatrous Kings of Judah, who broke all the Laws of God given them by Moses, that ever any of the Priests or Prophets stirred up the People to rebel against them for it.

F. Neither of these Instances do reach the Cafe in hand; for I grant, that neither the Breach or Non-observance of these Precepts enjoined the Kings of Israel by God, nor yet their open Idolatry, were a sufficient Cause for their taking up Arms, or resisting their Kings in so doing; since these were Offences only against God, and in which die People had nothing to do, those being no part of that tacit or implicit Compact of Protection and Preservation, that goeth along with all Kingdoms and Supreme Powers whatsoever. And I have already excepted out of the Causes of Resistance, or taking up Arms, the Prince's being of a different Religion from that of his Subjects. And tho' I must own, that the Kings of Israel were under the Direction or Obligation of the Law ofMoses, and so were limned Monarchs; yet this Limitation was not from the People, but from God, whose Business it was to revenge the Breach of it as often as they offended, and if they broke those Laws, God only was their Judge and Avenger (as you your self very well observe) who never failed severely to punish this Breach of his Laws.

Yet were not the People of the Jews always so nice and temperate as you make them : For, besides the Example of Rehokam, which I have formerly made use oL Chap. 15.17. you will find in the second of Choniclesconcerning Amazjah, who when he turned away from following the Lord, 'They (viz,, the People) made aConspiracy against him in Jerusalem, and he sled to Lachifli; but they sent to Lachish aster him, and flew htmthere, and made his Son Uzziah King in his stead. Nor do we read that any were punifh'd for killing him, asAmauah put to Death the Servants of his Father King Joajh, for conspiring against him, as it is related in the tenth Chapter of the second Chap. 11. Io. Book of Kings: And you'll find in the fame Book, that the City ofLibna revolted (which sure is the highest degree of Resistance) from that wicked King Jehorant, Ver. 4. 6. who had slain all his Brethren with the Sword, and walked in the way of the Kings of Israel, as did the House of Ahab,and wrought that which was evil in the fight of the L&rd, &c. And therefore it is said exprefly in the Text, thatthe City of Libna revolted from his Hand, because he had forsaken the God of his Fathers. I bring not these Instances to justify Rebellion, but to let you see that it was sometimes practised amongst the Jews, tho' you affirm the contrary, i chron. 16. But much more lawful was the Resistance, which Az,ariah, and the 80 Priests that were with him, made against King Uz,z,iah, when he would have burnt Incense in the Temple. Pray turn with me to the Place, and read what is there" Ver. 18. said: And they (viz,, the Priests) withstood Uzziah the King, and saidunto him, It appertaineth not unto thee, Uzziah, to burn Incense unto the Lord, but to the Priests the Sons ofAaron, that are consecrated to burn Incense. Go out of the Sanfhtary, for thou hast trefpaffed, neither Jhall it befor thine Honour, &c. And when he persisted therein, VideS.Ouy- and took the Censer in his Hand to burn Incense, and that thereupon the Leprosy soft. Ecloga arofe in his Forehead, the Priests thrust him out of the Temple. The LXX pJtTalu- render it, kvptn hi 'ot,'«v, i.e. they resisted him. Jofephus fays, they diove him where you'll out m haste. So that you see they went somewhat farther than Solomon's Question, find, that he Who may fayto a King, what dcest thou And, which is more remarkable, .they both owns withstood him before the Leprosy rose upon his Forehead; and no doubt but they thbrlesi|eS wcu^ ^ave ^one tne ^ame to mm> whether that Judgment had happen'd or not, tance in the nnce ne went about to usurp the Priests Office j it not being so much'as lawful High-Priest, for him, that was no Priest, to set his Foot within the Temple.

But if you look into the History of the Kings of Israel after their Division from Jttdah, they are so far from teaching us these Lessons of Passive Obedience and Nonresistance, that you will scarce find any other manner of Succession amongst them, but the killing of one King, and the setting up another; and Jehu, for rebelling i Kings 10. against and destroying the House of Ahab, had the Crown entailed by God's Pro30. mise to his Posterity unto the fourth Generation. And tho' I do not produce any

of these Examples as fit for our Imitation at this day (since what Jehu did was done by God's express Warrant and Command) yet I think they are sufficient Evidences, that neither the Person nor Power of the Kings of Judah orIsrael were always look'd upon as so sacred and irresistible by their Subjects, as you suppose.

M. I am glad you are so ingenuous to confess, that most of these Examples you have brought of the. Resistanceand Murders committed by the Jews and Israelites



{149}

npoh their Rings were not lawful; or can be proposed for the imitation of Christian Subjects; and if so, pray make what other use of them you please, since a faSo, ad Jm non valet Consequentm : I cannot deny but that the Succession of the Kings of Israel, after Nadab, the Son of Jeroboam, was very confused, God stir- s. C. R. piring up some or other to rebel against them and make them away, as a Punish- 35. meht for their former Rebellion and Idolatry • Thus Baa/ha killed Nadab the Son 1 17Jeroboam, and reigned in his stead; and for this, and his other Sins, God 25' 26'27* threatned Evil against Baajha, and against his House ; Zimri flewElah the Son of2 1 '' Baajha, but he did not long enjoy the Kingdom which he had usurped by Treason and Murder, for he reigning but seven Days in Ttrza, which being besieged and taken by Qmri, he went to the Palace, and burned theKings House over him -with Fire, Veri jg. and died. v  - < >' >

This Example Je%ebel threatned Jehu with, Had Zimri Peace who stew hit Master? z King' 9And yet Nadab andElah were both of them very wicked Princes; and if that 31* Would justify Tteafon and Murder, both Baajha andZimri had been innocent} but as for the Example of Jehus killing his Master King Joram, (you fay) it was by the particular Command of God, and is no more to be produced as an Example for Rebellion, and the Murder of Princes by the General of their Armies, than that because the Children df Israel had a Power given them by God, to extirpate and destroy those seven Nations, whose Countries God had given them to inherit, therefore they had a like Right to destroy all other Nations whatsoever, that lay near them : And therefore those Actions in Scripture, which are sometimes fcommanded by God, for the bringing about the great designs of his Providence, by those humane Means that may seem unjust to us, are not to be produced for Authorities, nor alledged as Examples. 1

F. 1 so tar agree with you, and do by no means allow that particular private v Men, of what Condition soever they are, should disturb the Commonwealth and murder their lawful Princes, tho' Wicked or Idolatrous, only to satisfy their own private Zeal or Ambition, and to set up themselves,-who perhaps are altogether as bad or worse than him they depose or make away. But yet I think I might ▼cry well produce these, to convince you that there were no better Examples for Loyaky or Passive Obedience among the Jews than other Nations; and therefore that your Examples out of *he Scripture do hitherto prove insignificant; yet I cannot but take notice of one passage, wherein, by following the ordinary English Translation, you fall into a great mistakej where you make Baajba to be slain by Zimri, because he killed Nadab; which as it is there rendered in the English is false, for the Words in our Translation are, becanse he killed him, viz. Jeroboam, to whom it there immediately relates; which is false, for Baa/ha did not kill Jeroboam, but Nadab his Son: Neither was it suitable to God's Justice to destroy Baajhafor that which he himself had ordained him to do; for God, by Jfm the Prophet, said to Baajha; Forasmuch at Iexalted thee out of the Dust, and t iade thee Prince w,r my People Israel, and thou hast -walked in the -way ofJeroboam, and hast made w People Israel to Sin, to provoke me to anger by their Sins: And therefore the Text concludes this Narration with these Words, 1'hat tlie Word of the Lord came against Baafha, and against hisHouse, even for all the Evil -which he did in the fight if the Lord, in provoking him to anger -with the -work of hisHands in being like the House of Jetoboam. But the Words which immediately follow, and because he killed him(i. e. Jeroboam) cannot be truly rendered in our English Translation, for the Reason already given; and therefore the best Criticks upon this Place translate it thus, leaving out and, therefore he (viz. the Lord) smote him; (i. e.Nadab) by the Hand 0/Baafha; whereas our Translation makes the Scripture to contradict itself. I have no more to observe from this History of the Kings and Chronicles; and therefore pray proceed to what other Testimonies you have to produce.

M. Well, I think I can snake it much more plain from other Examples and Precepts out of Scripture, that theJews were not only under high Obligations to s be subject to the Higher Powers, after they were carried Captives to Babylon; but ?j.' also not to resist them, tho' they went about to exercise their Power never so cruelly and tyrannically, even to the Destruction of the whole Nation. Now the Prophet Jeremiah had given them an express Command; Seek the Peace of the City yff, 7, -whither I have caused you to be carried away Captives, and pray tothe Lord for it; for in the Peace thereof you stall have Peace: Which made it a necessary Duty to be subject to these Powers under whose Government they lived. And accordingly we find

that

Esther 6. z. that Mordecai discovered the Treason of Bigthana and Terefli, two of the Kings ChamSi. C. R.}.berlains, the Keepers of the Door, who sought to lay hand on the King Ahasuerus; and 4°' **" how numerous and powerful the Jews were at this time, and what great disturbance they could have given to the Empire^ appears evidently from the Book of Esther. ■. . I. » ■■  

King Ahhsitems, upon the suggestions of Hitman, had granted a Decree for the Destruction of the whole People of the Jews; which was sent into all the Provinces, written and seasd with the King's Ring. This Decree could never be reversed again, for that was contrary to the Laws.-of the Medes and Persians: And therefore whenEsther had found Favour with the King, all that could be done for the Jews, was to grant another Decree for them to defend themselves ,• which E/tber 6.15, accordingly was done ; and the effect of it was, That the Jews atShusan flew 300 16,17. Men, and the Jews of the other Provinces flew 75600, and rested from their Enemies: Without this Decree Mordecai did not think it lawful to resist (which yet was a Case of as great Extremity and barbarous Cruelty as could ever happen) which made him put Esther upon so hazardous an Attempt, as to venture into the King's Presence without, being tall'd, which was Death by their Law, unless the King Esther 4. u. should graciously,hold out the Golden, Scepter to them; yet when the Jews had obtained this: Decree, they were able to, defend} themselves and to destroy their Enemies: Which is as famous an ExaJtople of Passive Obedience as can be met with in any History. . Jo!! !-> r>r. '.-5 '•" a ■

Dam 5.13, And pray»see here what'the Prophet Daniel acknowledges to Beltefhaz.zar. The l9' most high God gaveNebuchadnezzar thy Father a Kingdom, and Majesty, and Glory,

and Honour: And for the Majesty that he gave him, all People, Nations and Languages trembled and fearedbefore him: Whom he would he flew, and whom he would he kept alive, and whom he would he set up, and whomhe would he pulled, down. And if these Heathen Kings received such a Power from God, as the Prophet here affirms, St. Paul his made the Application of it, that he that refisteth, refisteth the Ordinance of God: And I think these Examples may serve out of the Old Testament, and therefore I shall conclude with the Saying of the Wise, Man, who was both a Prophet Eal. 8, 2, 3, and a King : Where the Word of a King is, tliere is Power, and whomay fay unto him, * What doest thou? .: ,, .

F- Tho' this last Proof be the strongest you have yet brought, yet I think it will not reach the Point in question; to prove that no Resistance whatsoever, tho' for saving the Lives of a whole Nation, can be lawful. I grant indeed, that the Command of the Prophet Jeremiah, of praying for the Peace of the City whither they were carried awayCaptives, was to be obeyed, being obliged to do it, not oniy by the Laws of Nature, and in regard of those Benefits of Protection, and enjoying the free Exercise os their Religion and Liberties without being made Slaves, tho' they had been carried Captives; which was no more than removing them out of one Country and settling them in another, according to the Custom of the Eastern Princes of those Times; when they would, by removing the best and greatest of the People out of a conquer'd Country, prevent their rebelling against them, as they had done before; but that they enjoyed a Property in their Lands and Estates after their Captivity, is certain, by the Prophets commanding them to build and plant Vineyards in the Country of Babylon, during the 70 Years Captivity foretold by him from God. So likewise I grant it to be a necessary Duty in Subjects, tho' Strangers, to be Faithful and Obedient to those Princes and States under whose Governments they live; and therefore Mordecaino doubt perform'd his Duty, when he discovered the Treason os the King's Chamberlains that thought to kill him.

But to come to your main Argument, that it was unlawful for the whole Nation of the Jews to resist those who were impowered, by the Decree of King Ahafuerm, to massacre and destroy them, I shall not dispute with you about the Matter of Fact, as you have related it, but only in this particular; that whereas Esther S. 11. you suppose, till the King had issued out a second Decree, wherein he granted the Jews which were in every City togather themselves together, and to stand for their Lives, to destroy, to stay, and cause to perish all the Power ofthe People and Province that jhouli assault them, &c. and to take the Spoil of them for a Prey; without which Decree, you fay, Mordecai did not think it lawful to resist, tho' it was a Case of as great Extremity as could ever happen; and that therefore Esther was put upon so Hazardous an Attempt, as to venture to obtain this Decree, tho' with the Peril of her Life;

but but that when they had once obtain'd it, they were then, and not before, enabled to defend themselves, and destroy their Enemies. In answer to which, I must needs tell you, that you do not fairly represent the latter part of this Story; for it no where appears in the Text (tho' you are pleased to add it) that Mordecai did not think it lawful for the Jews to resist till this Decree was obtained; for it is only there said, That he sent Esther to the King,and as soon as fie came into hk Presence, fie sell down at his Feet, and besought him with Tears to put away theMischief of Haman the Agagite. (Pray read the Words) And fie said, if it pleases the King, and if I have foundEsther 8. j< favour in his fight, and the thing seems right before the King, and I be pleasing in his Eyes,let it bewritten to reverse the Letters devised by Haman the Son of Hammedatha the Agagite, which he wrote to destroy theJews which are in all the King's Provinces. By which you may fee that Esther's Request was not for a Liberty to defend themselves, (as you suppose) but only to try if slie could get the King to reverse the first Decree obtained by Haman to destroy them. But because the King's Decree, when once issued out, was not to be reversed; therefore he issued this second De-Ciil* ?> *( cree, to give the Jews a Legal or Civil Power to gather themselves together, aud stand upon their Defence against all that mould assault them; which was so far obeyed, that the Rulers of the Provinces and other Officers of the King, instead of destroying, helped the Jews, because (fays the Text) the fear os Mordecai sell upon them.

So that tho' I own this Decree gave them a legal Power to stand upon their defence; and did likewise hinder the King's Officers from heading the People, and putting the first Decree for their Destruction in Execution, as otherwise they would have done, had it not been for this last, and for that great Power which they perceivedMordecai had at Court; yet doth it not therefore follow, that it was before that absolutely unlawful for the wholeJewifi Nation to have defended their Lives against those Officers or others who would have gone about to destroy them, and have totally extirpated their Nation. So that I take this Decree not to confer any new Right in the People of the Jews to defend themselves, but only to be a Confirmation of that natural Right of Self-defence, which all Nations, and every particular Member of Mankind have to preserve themselves: And tho' I grant that particular Persons are often obliged to give up this Right for the publick Peace and Safety of the Commonwealth; yet doth not this Law extend to whole Nations, or such Bodies of People without which the Commonwealth cannot well subsist.

And therefore I leave it to any unprejudiced Person, to judge whether it had not been better that the Jews should have thus resisted and saved their Lives, tho' without this second Decree, which only discouraged the King's Officers and others from falling upon them, than that all God's peculiar People sliould have lain at the Mercy of their Enemies, to be destroyed according to the first cruel Decree.

But farther to convince you that the Jews, after the Captivity, did not think it unlawful to make use of defensive Arms against cruel and persecuting Tyrants* who went about to destroy their Religion and Nation; it is apparent from the famous Example of the Priest Mattathias, with Judas Maccabeus and the rest of See tlt *ra his Sons, who successively headed the People of the Jews in that obstinate and a«d noble Resistance which they made againstAntiochus Eptphanes, tho' then their So- Books of the veraign, who when he had prophaned the Temple, and would have forced the MaccabeesJews to renounce their Circumcision, and to have sacrificed to Idols, under pain of Death; they joyned together and resolved to defend themselves, and to stand up for their Religion and Nation, then ready to be destroyed : And you find by the History, as it is related in the Books of the Maccabees andJofephus, that God did bless those Arms with Success, which they had taken up in their own defence, against a Prince infinitely more Powersol than themselves, who, with his Predecessors, had been their Soveraigns for above 130 Years. And tho' Antiochus died long before the end of the War, yet did they still prosecute it against his Succeslors: Nor did they ever make Peace with them, till Jonathan, Brother of Judas (who had before recovered and purified the Temple) was acknowledged HighPriest by Alexander the pretended Son of Epiphanes, and that they had cast off that lose ot Subjection which they were under to the Kings of Syria, and had settled the Government of their Nation upon the Princes of the Asmonaan Race, ingratitude of that Deliverance they so justly owed to their Piety and Courage ; and

which

which continued in this Family till the Conquest of Judea by Pompey, after 106 Years free Enjoyment of it: So that it is plain, the Jews, before the coming of Christ, both Priests and People, did not think it unlawful to defend their Lives and Religion, in cafe of great Extremity; and that our Saviour Christ hath any where, by his Gospel, retrenched whole Nations of that Liberty, lies upon you to prove.

But to conclude; as for the Text you have cited out of the Proverbs, that willdo you as little Service; for tho' I grant, it is true, that no Man can fay to an absolute King or Monarch, What dost thou? i. e. call him to account as his Superior; yet doth it not therefore follow, that a whole People or Nation have rip* Power to defend themselves, in any Cafe whatsoever, against his unjust Violence . or Tyranny; this not being the Act of a Superior, but an Equal (as I have already said) nor any Political, but a Natural Power.

M. I confess this is the notablest Example of Resistance that you have brought yet: But I think it may be easily answered, if we suppose with Jqfephrts and other Authors, that tho' Alexander the Great was certainly possessed of Palestine^ by Right of Conquest, and the Submission of the High-Priest Jaddm unto him; yet his chief Captains cdnspiring together, made such a scambling Division of the Empire among themselves as they could, every one almost seeking how he might suppress the rest, and attain the whole alone for himself; so as thereupon the Jews were as free from the Macedonians, as any other of their bordering Neighbours; none of the said Captains having any lawful Interest or Title to Judah: But that which turned to the Benefit of some others, brought a great Detriment (for want of Ability) unto them; for one of the said Captains, "viz.. Antkchm,havinggot* ten to himself a very great Kingdom in Syria; and another, viz,. Ptolomy, in Egypt, the Jews dwelling betwixt them both, were miserably (on every side) vexed by them: Sometimes the Egyptians, by Oppression and Force, brought them under their Subjection, and imposed great Tributes upon them; and sometimes the Syriansgrowing mightier than the Egyptians, did likewise greatly afflict rhem; especially in the Reign of AntiochmEpiphanes, whose Invasion and Government was

i Mace. i. most unjust and Tyrannical: He shed innocent Blood on every side of the Sanctuary;

37. spoiled the Temple, erecting in it the Abomination of the Gentiles, and caused it to be named

the Temple of Jupiter Olympius. Not to mention the Prophanation of the Law, and unspeakable Cruelties exercised upon those who refused to ofser Sacrifice unto Idols; until Mattathias, moved with the monstrous Cruelty and Tyranny of .the , said Antiochm, made open Resistance, the Government of that Tyrant being not, then either generally received by Submission, or settled by Continuance: So that "after the Time of Alexander the Great, theJewish Nation was governed by their own High-Priests and Sanhedrim, and lived according to their own La\jrs in all Matters both Civil and Ecclesiastical; tho', more often, I own, with z Subordination to the Soveraignty of the Kings of Egypt, till this Invasion of their Religion.and Liberties by Antiochus: So that they had a legal Right to the free Exercise of their Religion, which could not, without the highest Violence and Injustice, be'taken from them.

F. Notwithstanding what you have now said concerning this Action, I doubt not, but if you will considerJosephus a little better, as also the two Books of the Maccabees, you will find, that not only AntiochusEpiphanes, but also Antiochus the Great and Seleucus Philopater, were true and lawful Monarchs of Ccflo-Syria,and consequently of Palestine. And tho'I grant there had been Wars between Antiochus the Great and PtolomyPhilopater, concerning the Dominion of that Country; yet

Ca}. 3.4. it is plain out of Josephus's Antiquities, Lib. 12. That Antiochus had reconquer'd all this Country from the Egyptians, tho' he afterwards parted with half of the Tribute of it to Ptolomy Epiphanes King of Egypt, as a Dowry with Cleopatra his Daughter j yet surely he retained the Supreme Dominion of it to himself; for we

Cap. 3. finc>m tne second Book of Maccabees, that Seleucus Philopater supplied all the Costs of the Sacrifices out of his own Revenues; that is, of those Sacrifices that were offered for the Health of the King, as they were afterwards for the Roman Emperors: And we find in the beginning of both the Books of the Maccabees, that the King of Syria had Power to make and unmake the High-Priest whenever he pleased, as having the Dominion overCœlo-Syria and Phœnicia; over which, as appears by the second Chapter of the second Book os Maccabees,Seleucus had made ApoEonius Governor under himso that there cannot be more certain Marks of Soveraign

Majesty Majesty exercised by the Great 'Turk over any of those Tributary Princes or Governors, which he places and displaces at his pleasure. And therefore, it is apparent, notwithstanding what you have said to the contrary, out of I know not what Authors, that the Government of Antiochm Epiphanes was an unjust Usurpation; for, bating this Tyranny in the exercise of it, he had a juster Title than ever Alexander the Great had; since, besides Conquest, he had your own Right of Prescription by three Descents: And I have Grotim (besides other more antient Authors) on my side in this matter. And pray now fee Grotius's Opinion, in his first Book deJ.B.& P. cap.4. which I will read into English; and I think will § make sufficiently for my Opinion.

• The Fact of the Maccabees may seem like to this, (viz,, the Example of David u before going) for that some do defend these Arms by this Pretence, as if Aw ** tiochm were not their King, but an Invader, I suppose to be vain; since no "where in all the History of the Maccabees, Antiochm is called by any other "Name but that of theKing; and that deservedly, since the Jews had long since "acknowledged the Empire of the Macedonians, in whose Right Antiochus had "succeeded 5 for that the Law forbids a Stranger to be set over the People is "only to be understood of a voluntary Election, and not of that which the People "Were forced to submit to by a Necessity of the Times. But what others say> "that the Jews then used the Right of a People, who were in their own Power, is ** not true. For first of all, the Jews being conquered by Nebuchadnezzar, by the '* Right of War, obeyed by the lame Right the Medes and Persians, as Succes"fors to the Caldeans, whose whole Empire devolved upon theMacedonians, (with •* •wnicU Justin likewise agrees in his 36th Book: ) Hence the Jews are .said by "YachPtt, -to have been, during the Empire of the Medes and Persians, Vilijfima *' pars SerOientium. Neither did they covenant any thing with Alexander, and his *' Successors, but submitted themselves to their Dominion without any Condi•* tions, as they had been, under that of Darim before. But if the Jews were "sometimes permitted to observe their own Rights and Laws, that was meerly ** precarious, proceeding from the Beneficence of those ;Rings, and not from any * Law superinduced on their Empire. Therefore there is nothing which can *' defend the Maccabees in this matter, beside the most extreme and most certain "Danger, (viz..) as long as they so contained themselves within the bounds of «' SelMesence; and that according to David's Example, they retired into defort

^Places for their Security; nor took Arms until they were set upon." So far Grotim.

oAte. 5 shall not farther dispute this Point, though 1 thought I had very good Authority on my side -, but I think I have a better Apology to make for this Action of theirs,- viz,. That God might very well, either by an express Revelation^ or at least a Divine Impulse of his Holy spirit, command or excite Mattathiar, and his Sons the-Maccabees, to take Arms in defence of those Privilege which had been so often confirmed to them, 'till at last it pleased God to. restdre the Jews to an absolute Liberty for some Years, under their own f*ritices; which they-abusing, by Cruelty and Ambition, tyrannizing over their Subjects, and murdering their Brothers, it was no wonder that God was pleased to take away the Scepter from them, and confer it upon, the Romans, who gave it tmtie'rJ them to 'Herod,\thc Son of Antipater, the Idumean. And therefore you can <with'no more Justice urge this Example, of the Maccabees, to prove Subjects may *resist'the Supreme Powers, than to alledge the Example of Jehu as an Authority for Rebellion: Since, as I said before, whatsoever God is pleased to bring about by humane Means, but yet by his particular Precept or Revelation, is <t0 be still look'd upon as an Exception from the gene raL Rules of Non-resistance and Passive Obedience- . <'l * '■''

}R*l confess what you fay would fully answer my Objection, could you as evidently make outj fromthe History of - the Maccabees, or Josephm, that these Maccabean Captains did at all act in those Wars they made, by any express Precept, or Divine>Revelation from God, as without any^'ust Grounds/Vou suppose it. And therefore, I desire you would (hew me," if you can, any Testimony out 0f the Books of the Maccabees, or Josephm, to prove that they acted thus by vertue of any such Divine Inspiration, and then I am contented to yield the Cause; which, if you cannot do (as I think you can't) I must look upon my self.as to


{154}

have had the letter in this Controversy, concerning the Right that Subjects had to resist, in Cafe of Necessity, before the coming of Christ, r, •.- ::. . ,

M Yet for all that, some of the Fathers, and modern Commentators on, these Books of the Maccabees, do hold, that such wonderful Victories, as were obtained by Judas and his Brethren, could not have been without the miraculous Providence of God, and consequently a Divine Inspiration assisting them; especially considering the strange Judgment that we read fell upon Antiochm for his Impiety; and that Judas had oftentimes Divine Revelations,, appears by that Dream or Vision, mentioned in the last Chapter of the second of Maccabees,; ofJeremiah the Prophet's giving him a Golden Sword, and in giving it, speaking thus, Take this Holy Sword, a Giftfrom God, with which thou jhalt wound the Adversaries: Which Dream, if it were sent from God, as is highly probable, sufficiently confirms the commonly received Opinion, that this Resistance of the Maccabees was by Divine Warrant, or Inspiration: And whenever you can shew me, since the coming of Christ, any Resistance so miraculously abetted as this was, I will grant it also to be lawful. . ■*

F. I do join Issue with you in this, and must still suppose (until you give me better Evidence to the contrary) that the Jews, under the Conduct of the Mac cabees, did not take up Arms against Antiochm, and his Successors, by vertue of any Divine Inspiration to Mattathias, or any of his Sons: For it appears plainly* as well by the Scripture, as by Jofephms Testimony, that there was no more Divine Revelation after Malachi; neither do the Books of the Maccabees, Jofiphutj Sulpitius Severm, or any other antient Ecclesiastical Writer, mention theseMac* cabees as Men inspired by God. I grant, indeed, they might be excited by some divine Impulse of God's Spirit to do what they did: But this is so far from being at all miraculous, that I do suppose that divers great and good Men have been, in our latter Times of Reformation, stirred up by the fame Divine Spirit to undertake, and perform extraordinary things, for the Reformation of Religion^ and the Deliverance of God's Church and People. And therefore, as for the Vision, or Dream, which you mention, it doth not appear, that it was any more than an ordinary Dream ; and if this might pass for a Proof of a Divine Revelation, I could quote you many such Dreams as this, out of the Ifives, of lather, Calvin, and divers others of the first Reformers; whom I suppose yoa will not maintain to have had any express Revelation to do what they did; (spa* trary to the Civil and Ecclesiastick Laws of those Princes and States, uqder which they lived. And 'tis true these Books are not held Canonical; ye$ they were always esteemed in the Church as sacred Writing, jas written, tho' not by inspired, yet by pious Men : And though they are not received in matters of Faith and Doctrine, yet you know very well they are commanded to be read in our Churches, as- containing excellent Precepts, and Examples in matters of Morality; and though therefore, though perhaps they would not be j a good Authority to a Presbyterian, yet, I hope, we of the Church of England, xsuinot refuse them as Rules of Morality. But I think we are now come to tjje last Instances that can be brought before the coming of Christand therefore pray will you now proceed with your Quotations out of the New Testament, which, I suppose, you have ready for me. m'

M. I confess I am not able, in a Story so imperfectly related as this of d^e Maccabees, to prove they had God's express Warrant for this Resistance ; and you, on the other side, produce but a negative Argument, that they had not (tæ.) because neither Jofephm, nor the Book of the Maccabees expresly mention any such thing : And yet for all that Mattathias might, (for ought that you, or I know) have acted in this matter by Divine Revelation; since, as the. Rabbins suppose, there was for a long time after the Times of the Prophets, a lower fort ot Revelation given by God to some particular Men called Batcol, that is, the Daughter of the Voice, which seems to have been some private or inward Voice, by which God revealed his Will in some particular Cases. And we read that song after this, Jofeplms relates, that Hircanus, the last good High-Priest; of the Maccabeap Race, had the Gift ofProphecy by Divine Revelation : And why his great Grandfather might not have it likewise, I see no Reason. Besides all this, there might be other Reasons that God might allow to the People of the Jews a greater Liberty of Resistance, even without Civil Authority, to revenge the Prophanation of his Temple, and Religion, being the Place where he was please4 particularly to place his Name, than are allowed to us Christians at this Day, who have no such visible Temple, nor are under such severe Obligations to extirpate Idolatry. So that what Mattathias,and the People of the Jews acted in this matter, they might do it by the Right of Zealots, for the defence of the Law of Moses; even as Phineas did, who, by killing Zimri and Cosbi for Fornication and Idolatry, did that which in another occasion, and at another time, Would have been downright Murder.

But be it as it will, I think we Christians ,are by the Laws of the Gospel tied to a stricter Subjection to the Supreme Powers, (if it be possible) than the Jews themselves were-j and whatsoever they might have done underAntiochus for their own Defence, and to avoid Persecution-, yet Jesus Ghrist doth now require higher things of us; and hath by his own Example, as well as Precept, forbidden us to resist the Supreme Powers for any Persecution for Religion whatsoever; fince he hath ordained his Religion to be propagated, and defended by Sufferings and Persuasions, and not by force of Arms, against the Will of the Supreme Powers i and if-nc* ibr Religion; the -most .weighty of all Concerns, surely not for any temporal \thmg whosoever. ifiat the* Pcobf of. this reqjuires more time than this Evening will afford, without trespassing too much upon your, as well as my owp Repose. And therefore, I should be gla4 of another Evening's ConVttfwioh-wikh yoti^ toi 6ee\yoY^ Mind>\ if «it_ were .possible, from t^is dangerous Er^or/and r<£brjjp£ you ©ver.ro lh& true Beliefs and Practice^ of the Primitive

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taken; as also sty.what you intends'fake for the better Informatioti of my, C sctence., And therefore, if .you please, .and that you have no other Occasion dpaw^ you forth*oiit of yodr Lodgings, X will wait upon .you ag^in to-m<yri in the Evening about Seven; and shall think it a very proper Work for i

^onto jrrow

Evening about Seven; and shall think it a very proper Work for the Lord's Day, to have my Conscience better informed by those Testimonies, which you fay you will bring out of the New Testament, and Writings of the Primitive Fathers, and Church Historians, for my Instruction : And if you can out of them prove'to me, thzi'dSResistance whatever is unlawful, I promise you, upon the Word of s8f honest Maty to become a'Proschte to-this Doctrine!

'lit' I humbly tHknlf you, Sir, for your great Candour and Ingenuity: And thougji I am.W^rbfessM,Divine, yet I hope, by the help of the Scripture, and ^Sbse'jQuotatip^S.tHat I ciVptbduce out of the Fathers, as also from the conUt^T^iceW^'ftiitt^ Churchj fa/prove these1 Doctrincs^f .Passive Obearid'.'i&Jh-resistance xti be the true/ antieht ;and apostolical Belief. But &7l?^ ruiiU^u^T ^^ti^o ^„uiui^. .any linger to-night, therefore shall

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Bibliotheca Politica.
DIALOGUE IV.

Whether Absolute Non-resistance of the Supreme Powers be enjoined by the Do&rine of the Gospel, and was theantient Praffiee of the Primitive Church, and the constant Do&rine of our Reformed Church of England. '\Y

as Civil Knowledge.

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MMmmm%m§OUR
Servant, Sir: I fee you are better than your Word,
!w«v-v*-vr»-^ p £nce come somewhat before the time appointed. ; _
^ JR I do not deserve any great Commendation fbrit;
for this Evening being a time of leisure, I had nothing
else to do but to, wait on you : And indeed I was impatient
'till I w.as with you ; since I desire nothing more, uufo to
receive Satisfaction in this weighty Controversy; isince.l
know how great a Master you are both in Divine, as Well
And therefore, I beseech you to proceed in the Method
lat first proposed, by giving me these places of Scripture out os'the 'Nesy Tel*
tament, which you suppose prove your Doctrine and in the next place j
me, that they were always under* ood by the antient Fathers, as well-
Practice of the whole Primitive Church, in that Sense.

M. I very well approve of your Method; and therefore, to go on where we left off, I shall, in the first Place, lay down some plain, and easy Propositions, as the Grounds of our future Discourse, which, I hope,' you will have no Reason to deny. . '"

First therefore, I suppose,* that our Saviour's Kingdom not being of this World, he came not to alter the Civil Governments Polity of it, (as you have already asserted.) And-therefore did not alter any of those Rights of Sovereign Powers, and those Measures of Obedience and Subjection which were before fixed and determined by God himself: Neither hath given the People (either *TMA- *• considered as particular Men, or as a collective Body) any Power or Right tp resist, or rebel against such Supreme Magistrate v though they never so much abuse their Power, by their tyrannical Government, cither by persecuting the true Religion, or by any other Violences and Oppressions whatsoever.

And our Saviour himself tells us, That he came not to destroy the Law, and the Prophets, but to fulfil it j that is, to fulfil the antient Types and Prophecies in his own Person, to perfect an External and Ceremonial, by a Real and Evangelical Righteoufoese j to perfect the moral Laws with new Instances and Degrees of

Virtue and Obedience; but he abrogated no moral Law, and therefore not . the Laws of Obedience and Subjection to Princes, which bare always been reduced to the Firth Commandment. Fray tell me how you approve of this Doctrine? ,

F. I do. readily agree to the greatest part of it; but yet as our Saviour hath not been pleased expresly to enjoin us to resist the Supreme Powers, when they manifestly break and transgress all the Ends of Civil Government, and consequently dissolve it; so on the ojher side, he came not to destroy those natural Rights, which Mankind enjoyed before his coming, of defending themselves^ and providing for their own Happiness and Security, when their Civil Governors either could not, or would not protect'them. And as I grant, that our Saviour made no Alteration in Civil Governments, by abridging the Rights of Sovereign Power; so likewise hath he not conferred upon them any new Rights -or Prerogatives of destroying, or ensiaviJig their Subjects, without any Contradiction or Resistance; and consequently hath altered nothing in those natural Rights, or Means which the People had before his coming, of hindering the Supreme Powers from perverting those main Ends of Government, the Happiness and Preservation of the People. And that this Liberty doth not any way destroy those Rights or Prerogatives which are necessary for their own Security, and the weltgoverning of their People, I have, I think, sufficiently proved in our last Conversation. So that, unless you can now shew me, by such express Authorities, as that I can have no reasonable ground to deny it, I hope you will pardon me, if I cannot believe, that Christ by his coming into the World has taken away, or abridged that natural Right which Mankind before enjoyed (even after the Institution of Civil Government) of Resistance or Self-defence, in Cases of Extremity, against those who exercise nothing of that Supreme Power, with which God bath invested them, but the meer Title. For had the Intent of our Saviour's coming been for this End, he had, instead of freeing us from the Yoke of the Law, laid a much heavier upon pur Necks, if the Doctrines of Passive Obedience and Ron-resistance axe to be taken in that large Sense, and unlimited Extent, that their Asserters have been pleased to give them. So that though I grant our Saviour came to perfect, and not to abrogate the moral Law, with new Instances of Virtue and Obedience, and therefore hath not abrogated any Laws of Obedience and Subjection to Princes.; so hath he neither abrogated the great Law of Nature, of Self-defence in the People, when they are universally assaulted, or eppress'd in their Lives, IJberties or Properties.

And tho' I grant Obedience to Princes hath been reduced to the Fifth Commandment ; yet .neither doth that, by commanding us to honour our Father and Mother, forbid all Resistance of Children to the violent and unreasonable Actions jof -their Parents, much less of those whom they may command, or set on to kill or ruin us, as i have, I think, sufficiently .proved at our first Conference. And therefore, I pray, proceed to your Proofs themselves, and (hew me, that they prove as much as you hare affirmed. .  .

I A£ Before I come to my Proofs, I pray give me leave to observe to you, by way of Introduction, that as our Saviour hath lest the Government of the World as he found it, so he hath,-besides,all this, given such admirable Laws, as will both teach Princes to govern, and Subjects to obey better, which is the most ef- S.C.E. factual way to secure the publack Peace, and Happiness, to prevent the Oppression of Subjects, and Rebellion against Princes: But he has not interposed in new modelling the Governments of the World, which is not of such Consequence as some Men imagine. It is not the. external Form of Government, but the fatherly CafCy Prudence arid Justice';of Governors, with the dutiful Obedience of Subjects, which cammake any; People happy. If Princes and Subjects prove good Ghsictians, they may be happy under most forms of Government; if they be not/they can be so under none. Had ourSaviour given Subjects Liberty to re-' 'fist, to depose, co murder tyrannical Princes, he had done them no kindness at all: For to give Liberty t6 Subjects to resist, is only to proclaim an universal Licence to Factions and Seditions, and Civil Wars: And if any Man can think this such a mighty Blessing to-the World, yet methinks it is not a Blessing proper for the Prince of Peace to . give. •

But he who instructs Princes to rule as God's Ministers and Vicegerents, and to express a fatherly Care and Concern for the Happiness of their Subjects, and

that

Ibid. p. 47. that teaches Subjects to reverence and obey their Prince as the Image of God, and quietly to submit, and yield to his Authority, and that inforces these Laws both on Princes and Subjects in the Name and Authority of God; and from the Consideration of the future Judgment, when Princes, who abuse their Power, shall give an account of it to their great Master, and when Subjects who resist, shall receive to themselves Damnation; and' those who patiently suffer for God's fake lhall have their Injuries redress'd, and: their Obedience rewarded: I fay, such a Person as this, takes a more effectual' Course to reform the Abuses of Civil Power, and to preserve good Government :in the World, than all your wise Pole

Ibid. p. 47. ticians, and State-menders, who think to reform the Government of the World by some State-spells and Charms, without reforming those who govern, and those who are governed. This our Saviour hath done, and this is the best thing that could

Ibid. p. 48. be done; nay, this was all that he could do in this Matter. He never usurp'd any Civil Power and Authority, and therefore could not new model the Governments of the World: He never offers any external Force and Compulsion to make Men obey his Laws, and therefore never forces Princes to rule well, nor Subjects to obey. But he has taken the fame care of the Government of the World, as he has done of the other Duties of Piety and Virtue, that is, he has given very good Laws, and threatned those who break them with eternal Punishments; and as the Laws and Religion of our Saviour prevail, so will the Governments of the World mend without altering the Model and Constitution of them: But I come now to those places of Scripture I have to urge against your Opinion. - ■■ ■' •/] jlii--' - • \

F. I pray, Sir, pardon me, if I interrupt you ; and beg leave to make some Remarks upon this Preface you have now made. I will not deny, but you have spoken some honest Truths in what you have now said, though not without- a Mixture of divers Mistakes: For though I grant that Jesus Christ hath not interposed in new modelling the Governments of the World,, so he hath likewise given Princes no Authority to alter those which they find ready made, and modelled to their Hands, in those Countries wherein God hath placed them at the Helm. And though you tell me those Models of. Government I are not of such consequence as some Men imagine, yet I hope you ought, to have a better Opinion of this of England; since it is only to this Frame, of Government, that you'll own we owe all our Freedom and Happiness above divers other Nations, our Neighbours: Since, if it were not for our Laws, and Original;Constitutions to the contrary, I do not see why we may not be mi$e as absolute Slaves,as any in Turkey, whenever the King pleases. I grant mdesflj; that it is the fatherly Care, Prudence, and Justice of Governors that can make any People happy: But I desire you to shew me how many Governments 1 there are in'the World where Princes exercise this fatherly Care as they ought, without any known Laws j or where Subjects express a dutiful Love and Obedience to their Governors (unless servile Fear must be called so) whilst they find themselves miserable Slaves and Beggars. .0 ..unite -j , »-; ;i. . . <•„ w./..-r

I also yield, that if Princes and Subjects, are good Christians, they may be happy under most forms of Government j and if not, they can be happy.under none, is true in this Sense, if you take Happiness for the Hopes of a future Life: = But otherwise .there have been divers Princes who have been, very good Chris

tians, and yet by carelefoess of their. Affairs have governed theic Subjects very ill :~And likewise, I know some Subjects, who have been very loyal to their Prince, and very good Christians, and yet have^been made very miserable4 as Witness the Protestants in Hungary znlilFrance. :• .'.

But as I do not suppose, that our Saviour hath given Subjects Liberty to resist tyrannical Princes upon every slights Occasion, much less to depose or murder them; yet will it not follow, that if he hath given Liberty to Subjects to resist in some Cases, it' would only serve to proclaim: an universal Licence to Seditions, and Civil Wars: Since I do nos suppose such Wars to be lawful, but when the People are in as miserable Condition as a State of War can bring them to :. And if our Saviour had not allowed them this Power, no rational Man would think it a Blessing proper for the Prince of Peace to give, or to . come into the World to introduce Slavery, and the arbitrary Power of the Sword.

Though I grant he instructs Princes to rule as God's Ministers and Vicegerents, and to express a fatherly Care and Concern for the Happiness of their Subjects;



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and that he likewise teaches Subjects to obey thekvBrinces: Yes you know too welli how seldom these Instructions have all those, good Effects either with the Princes, or People- And therefore, as on the Peoplefs side, besides those Obligations of Conscience you speak of, there are likewise ordained temporal Punish-1 ments to keep Subjects to their Duty; so likewise there is often need of something else besides meer Conscience and Honour, to keep Princes from tyrannizing over their Subjects. , „\ ,'. '■„.[ ;• • ..*jn.H •„ >;?. -. . ■

And though I suppose the Consideration of a future Judgment may go a great way-with some Princes, to make them perform that great Trust God hath given them j yet pray tell me, have you not read (if not known ) some Princes in the World of late Times, who have either believed no such thing as eternal Damnation, dr at least have found a way by nice Distinctions, or Equivocations, to evade • all Laws, Oaths, and Promises whatsoever? And what Satisfaction is it to me, or how doth it:serye to alleviate my Misery, when I am made a Slave, and a Beggar, that those that had the Rule over me will be damned for so doing? But you tell me, that Lmust quietly and patiently suffer this for God's fake, and that then we shall have pur . Injuries redress'd^ and Obedience rewarded. I grant indeed that a single Person may. be rewarded ;in this kind, for preferring the Common Good or Quiet of the Nation before his own Private Interest: But that whole Nations, and Bodies of People* are obliged by the. like Rule, I utterly deny, since I do^not find where our Sfyjaur either enjoins or requires such an absolute Subjection at their hands; and if he doth, not, it is no better than Will-worship to pay it, and therefore it still lies upon you to prove it to me.

To conclude; I. think it may be a-more effectual Course, to preserve the main Ends of Government, for, the,People, sometimes to resist the insupportable Tyranny .r; . and Violence of;the Supreme Powers in those Cases of Extremity I have already . .; .\ put, than to let those, who have got the Power over us in their hands, do whatsoever they please with it,,to, our Ruin, without any controul. And also, I desire you to considerw whether the Fear of such Resistance from Subjects, when thus outraged and opprefs'd, may not often be a more powerful State-spell or Charm (as you call:if/,;to keep trie Supreme;Powers in their Duty, than those many Sermons, and,c£her Diseases; that have been lately preach'd and publifh'd, that their Power is irresistible,-* ar^ t^ therefore, all their Subjects are. bound to endure whatsoever Tyranny they;haye-a.mind to exercise Upon them. In short, I absolutely agree with you* j£v£,4S our Saviour never usurp'd any Civil Power,, or Authority, and therefore dj,d:fiot new. model the Governments of the World; so hath he also left Subje&ja-Right to maintain whatsoever Models, or Forms of . Governmenr, God hath becri-pleased tef establish among them, when they are in . . danger to be altered, or;in\#dedi either by a Domestick Tyranny, or Foreign .Force. And without thjjs^ight of Resistance,; for.you to tell us, 'That Jesm' Christ hath given very goodlJ£##-f> and tbreamed those: that breakthem with eternal

-/l is } and that as the Laws,, and Religion of our Saviour prevail, that so the

* of tye jfsorld wMmpnd without any more ado; is altogether as reasonable, as to'preach,, that because Christ hath-given us good Laws, and threatens everlasting Punishments to those; that break them, therefore they are sufficient to keep Men from robbing and murdering their Neighbours; and that all Men giving up their Natural,. Ragnts of resisting such Robbers, and defending, themselves against them*, fhouid wholly rely "upon the Efficacy of the Commandment against Stealings or else on the more pqwerful Motive with suchpeople, of a« Judge, and a Gab* lows, fhouid set them do;with us what they please, whenever we fall under thek Power: And therefore, I desire you would give me some better Proofs, that our Saviour hath enjoined all Mankind an absolute Subjection to the Supreme Pew- . - >..• _er$q under pain of Damnation, without any Resistance in any Case whatsoever.: But I,pray pardon this Digression, which, your own long Preface extorted from .me.' \ .-. -'r.-oj.V, ,« •. +•

. . M. I shall not further dispute this matter with you; and therefore to observe your Commands, 1 shall begin with that Divine Answer of our Saviour to the Pharisees and Herodians, when they consulted together to entangle him in his Talk. They came to'him with great Ceremony and Address, faying, Master, we know s'c-^'f' that thouart true, and teachest the Way of God in Truth, . neither carest thou for- any ^T^* Man; for thou regardest notthe Person of Men. Tell m therefore, what thinkest thou?' * .T-'l 'It

Is it lawful to give Tribute to Casar, or not? They thought it' impossible that he should give any Answer to this, which would not rtiake him obnoxious either to the Roman Emperors, if he denied that the Jews might lawfully pay Tribute to Casar; or to the Pharisees, and People, if he affirmed that they might; for there was a very potent Faction among them, who thought it unlawful for tH» Jews to own the Authority, or Usurpations of any Foreign Prince, or to pay T>eut. 17.15- Tribute to him as to their King, they being exprelly forbidden by the Law, to Ib. p. 50.s fit a Stranger over them for their King, who was not their Brother, that is, who was not a natural Jew. And it seems they could not distinguifli between thei* own voluntary Act in chusing a Stranger for their King ( which was indeed forbid by their Law) and their submitting to a Foreign Prince, when they were conquered by him. Our Saviour, who knew their wicked Intention in all this* that they did not come with an honest Design to be instructed in their Duty, but to seek an Advantage against him, expresses some Indignation at it, Why temp ye me, ye Hypocrites? But yet to return them an Answer to their Question, he bids them Ihew him the Tribute Money, that is, the Money in which they us?d to pay Tribute, and enquired, whose Image and Superscription it had. For Coining of Money was then as certain a Mark of Sovereignty^ as making Laws, or the Power of the Sword. Well, they acknowledge that the Image and Superserip'' tion on the Tribute Money wasCasar s; upon which, he replies, . Render'iMervfore unto Cæsar, the things that are Cæsar's; and unto God, thethings that are Gbd'k The plain meaning of which Answer is this; that since by the very Impression"-oft their Money, it is evident, that Casar is the Sovereign Lbrd, they must rericfcfc unto him all the Rights of Sovereignty; among which, Tribute is one, aS St. Jh. p. Jt. Paul tells us: Render therefore unto all their Dues,Tribute to whom "Tribute is due, Chi£ R»m. 13.7. torn to whom Custom, Fear to whom Fear, Honour to whomHonour. Whatever then-is due to Sovereign Princes, and doth not interfere with their Duty to God,; ^hat they mull give to Casar, who at this time was their Sovereign.'1

And though our Saviour commands us, only in general, to 'render to Cæsiir the things that are Cæsar/, without telling us, what Cafar't things "are j. this is feJfttr from making his Answer ambiguous, and of no use in this present' Gontroverly), that it suggests to us three plain and natural Consequences, which ]^are sufficient to end this whole Dispute. First, That our Saviour <lid not intend to make Alteration in the Rights of Sovereignty j but what Rights he found-Sover; Princes possess'd of, he leaves them in the quiet Possession of j for%a<l heiriteti to make any Change in this matter, he would not have given su£h a^erteralRiiÆ to render to Cæsar the things thatare Cæsar'/, without 'specifying what'these thMx S. C. R. p. 5<J. are. Secondly, And therefore he leaves them to the known Laws bf the Empif to determine what is Casar $ Right; that is, whatever is essential to the Nbrtbh of Sovereign Power, whatever the Laws and Customs of Nations determines be Casar s Right, that they must render to him; for he would make ho alteration in this matter. So that Subjection to Princes, and Non-resiikhce, is ^as plafiftV determin'd by our Saviour in this Law of paying Tribute; for Subjection, 'aifitl Non-resistance, are as essential a Right of Sovereign Power, and as insrparaBle from the Notion of it, as any thing can be; and fb it is acknowledged by {hje Laws and Customs of Nations, and is so determin'd by the Apostle St.Pbul, £$*l shall Ihew hereafter. "Thirdly, I observe farther, that when our Saviour joins bur Duty to our Prince with our Duty to our God, Render to Cæsar the thikgs tti'ardtit Cæsar's, and to God the things that are God's, he excepts nothing from Cs/rtrVRight, which by the Laws of Nations is due to Sovereign Princes, but what is a- VicF lation of, and an Encroachment on God's'Right and Sovereignty j. that is, H. j. 57. must pay all that Obedience and Subjection to Princes, which is conMent'witn our Duty to God. This is the only Limit our Saviour sets to our Duty tb;Prirfces. This, I hope, is sufficient for the Explication of our Saviour's(AnTweV To the Pharisees and Herodians, which evidently contains the Doctrine of Obedience and Subjection to Princes, enforc'd on us by the Authority of our Savicoir himself. ■ >■>■;■ .)-"?;

F. I shall not dispute, that this Instance of our Saviour did enjoin the^fea^tb pay Tribute, and render all those Rights and Dues to Casai,' as1 the Supreme Power, which are necessary to its Essence: But you seem to me to stretch 'this Prerogative a great deal too'far, when you thus suppose an absolute Subjection to

Princes, Princes, without any Resistance, to be as plainly enjoin'd by our Saviour in this Law, as paying Tribute. For the Reason you give for it, viz,, that Subjeflioni and Non-resistance, are as essential a Right of SoveraignPower, and as inseparable from the Notion of it, as any can be, and that it is so acknowledged by the Laws andCustoms of Nations, is the thing which I deny, and which having been the Subject of our last Conversation, is still to be prov'd: And I think I have there sufficiently prov'd* that absolute Non-resistance is no essential Right of Soveraign Power, nor inseparable from the Notion of it: Since by asserting it, no just Right of Soveraign Power will be thereby destroyed, or taken away, but rather confirm'd. And that I may make it out yet plainer by a familiar Instance: A General of an Army hath an absolute Power over the Lives of his Soldiers that tranigrese his Rulers 1 War, or Military Discipline : But suppose that in a mad Or drunken Fit he mould, command some Troops of his Guards to cut the Throats of all the rest of the Armyx and they mould be such obedient Coxcombs as to go about to put thisr Order in Execution, doth it therefore derogate from the Absoluteness of his1 Power as General, if the Army will not stand still, and let three or four hundred Fellows take away all their Lives? But that this Principle of Paffive Obedience in | your Sense, os suffering Princes, or other Supreme Powers, to destroy'or enslave them, is so far from being acknowledged by the Laws and Customs of all Nations, that, as I think I have proved it to be contrary to the Laws of Nature and Reason j so I doubt not but I can much easier make it out by the Laws and Customs of all Nations, as well barbarous as civilized, to fee. both unreasonable and impracticable. And that it is otherwise determin'd by St. Paul, I desire you to prove , to me, when you come to make use of the 13 th to the Romans, so much insisted upon by those of your Opinion.




But before I make an end with this Text we are now upon, I cannot but take notice of your last Assertion, That byrendring to Cæsar the things which are Cæsar's, God excepts nothing from Cæsar's Right, which by the Laws ofNations is due to Soveraign Princes, but what is a Violation of, and Encroachment on God's Right andSoveraigmy ;. that is, we must fay all that Obedience and SubjeElion to Princes, which is consistent with our Dutyto God. Now if this be the only Limit that our Saviour sets to our Duty to Princes (aeyou suppose) J wonder bywhat Law the Learned Do£lor,from whom you borrow this Principle, as also those other Clergymen of the Churchof England, could justify their refusing to read the King's late Proclamation of Indulgence, or Toleration: For ifshe King {as they own in the Oath of Supremacy) is the only Supreme Governor of his Dominions, in all Thingst wCauses whatsoever; he must likewise be the Cafar here meant in this Text; and' consequently an Active, not Passive Obedience, ought to have been paid to this Declaration. Since you fay, that Obedience is by the Law of Nations due to Soveraign Princes, to whom we must pay all that Obedience and Subjection which is consistent with our Duty to God and I hope you will not fay, that this Declaration was inconsistent with that Duty, or was any Violation or Encroachment upon God's Rights of Soveraignty.;

As. As for your last Observation upon those Clergymen who refused to read theDeclaration, I must confess, I have, according to my Civil Law Maxims, no Excuse ready for them; since with us it is always true, in this as well as other absolute Monarchies, Quicquid Hegi placuit, Legis habet Vigortm. Much less can I reconcile it with that unbounded Supremacy which the Oath of Allegiance, as also the Opinions of most modern Judges, have placed in the King in all Ecclesiastical Matters: But indeed, I can least of all reconcile it with this Assertion you now. mention; which, I confess, I have taken from divers Sermons and Treatises, that have been Preach'd and Printed of late by our City Divines; to whom I shall leave it to answer this Objection. But to proceed with the Design in hand, I shall S.C.It. p. $7. come in the next place to prove an absolute Subjection, without Resistance, to be due to the Soveraign Power, from our Saviour's Rebuke to St. Peter, when he dtew his Sword, and struck a Servant of the High-Priest, and smote off his Ear; which is as plain a Declaration against Resistance, as Words can make it: Then Mat. 16. 52, said jfefiti unto him, put up thy Sword unto his place; for all they that take theSword, jkall perish by the Sword. For the understanding of which, we must consider upon what occasion St. Peterdrew his Sword; for we must not think that our Saviour doth absolutely forbid the use of the Sword; which is to destroy all Civil Governments, Æ< pand the Power of Princes, and to proclaim Impunity to all the Villanies that

Y are

/

are committed in the World. The Sword is necessary to punish Wickedness, and to protect the Innocent: Even in theJFIands of Princes it is an Instrument of Jus

Rom. 13.4. tice> as St. Paul rells us: That they bear not the Sword in vain; but are the Ministers of God,Revengers to execute Wrath upon him that doth Evih In the Hands of private Persons it may be lawfully used in Self-defence: Thus our Saviour, a little before his Crucifixion, gave Commission to his Disciples to furnish themselves

Luke 22.36. with Swords, though they parted with their Garments for the Purchase. -Which' we suppose was not designed as a meer modislj, and fashionable thing, but to defend themselves from the private Assaults of Robbers, and such like common Enemies, who, as Josef hm tells us, were very numerous at that time: Forni

Ibid. p. 59. Man wanteth Authority to defend his Life against him, who hath no Authority to- take it away.

But the Cafe of St. Peter was very different: He drew his Sword indeed in His Master's Defence, but against a lawful Authority. The Officers of the. Chief Priests and Pharisees, came with Judas to the Place where Jesus was, to seize on him. This was a lawful Authority, tho' employed upon a very unjust Errand; but Authority must not be resisted, tho' in defence of the greatest Innocence* Men who draw their Swords against lawful Powers, shall perish with the Sword; which" doth not signify what the Event shall always be, but what is the Desert and Merit of the Action. Rebels may sometimes be prosperous, but they always deserve Punishment; and if-'they escape the Sword in this World,, St. Paul tells us, they shall receive Damnation in the next. What can be said more exprefly

M>. p. J9,6a. against Resistance than this? St. Peter never could have drawn his Sword in a better Cause, never in the Defence of a more sacred Person: If we may defend oppressed Innocence against a lawful Authority, if we may oppose unjust and illegal Violence, if any Obligations of Friendship, Gratitude, or Religion itself, could justify Resistance, St. Peter had not met with this Rebuke. But though' it was a very unjust Action, yet it was done by a just Authority; and lawful Powers must not be resisted, though it were in defence of the Saviour of the World: And if St. Peter might not use the Sword in defence of Christ's Person, there- is much less pretence to fight for his Religion; for though some call this fighting for Religion, it is only fighting for themselves- Men may keep their Religion if they please, in despite of earthly Powers; and therefore no Powers can hurt Religion, though they" may persecute the Professors of it: And therelore when Men take up Arms to avoid Persecution, it is not in defence of Religion, but ofthemsclves; that is, to avoid their suffering for Religion. And if St. Peter might W fight to preserve Christ himself, certainly neither he, nor we, ought to't ak e 'up Arms to defend ourselves from Persecution. Christ was the first Martyr for his own Religion; his Person was infinitely more sacred and inviolable, than anjrcjrte of us can pretend to be. And if St. Peter must not fight for Christ, certainly %e must not fight for ourselves, though we absurdly enough call it fighting for bur Religion. And who were these Powers St.Peter resisted? They were only "the Servants and Offices s of the High-Priest. The High-Priest did not appear there

It. p. 61. himself, much less Pilate, much less Cafar; and yet our Saviour rebukes St. PM for resisting the inferior Officers, though they offered the most unjust and illegal Violence. It seems he did not undetstand our modern Distinctions between the Person, and the Authority of the Prince; that though his Person be sacred, and must not be touched, yet his Ministers, who act by his Authority, may be oppos'd. We may fight his Navies, and demolish his Garrisons; and kill his Subjects, who fight for him, though we must not touch his Person. But he is a mock Prince, whose Authority is confin'd to his own Person, who can do nothing more than what he can do with his two Hands; which cannot answer the ends of Government. A Prince is not meerly a Natural, but a Political Person, and his Personal Authority reaches as far as his Commission doth. His Officers and Ministers of State, and Commanders and Soldiers, are his Ends, and Eyes, and Ears, and Legs; and he who resisteth those who act by his Commission, may as properly be said to resist the Petsonal Authority of the Prince, as if he himself were prelent in his Natural Person, as well as by his Authority. Thus our Saviour it seems thought, when he rebuk'd St.Peter for striking a Servant of the High Priest, and smiting off his Ear.



F In answer to this Place, which you have now brought to prove, that the Re* fistance that St. Peter would have made on our Saviour's behalf, was absolutely unlawful, I shall not insist, as some do, that Christ came into the World on purpose to be a Sacrifice for Sin, and that therefore it was inconsistent with his Design, and the Person he undertook, to resist and oppose, had it been never so lawful, to resist: Tho' our Saviour himself, by the Words which St. John relates him to have John 18. n. spoken to St. Peter, seems to favour this Interpretation, when, after he had bid him put his Sword into the Scabbard, he adds, "the Cup which my Father hath given ine,stall I not drink it? , And so likewise the Answer he give Pilate, who asked him whether he' was a King? Thousayeji that I am a King; to this end -was I born, John i8. 37. and for this caiije came I into the World, thatIstould bear witness unto the Truth. Nor yet fliall, I go about to interpret these Words, For they that take theSwordstallperist bythe. Sword, in,that Sense which Grotim puts upon it, tho' quite different from yours, as if it were not designed as a Rebuke to St. Peter, but for the Encouragement of his Disciples, and being indeed, a Prophecy, that the Jews, who now came against him with Swords and Staves, should perish by the Sword of theRomans, who should be the Avengers of Christ's Death: But I shall uke it in the same Sense as you doa as a Rebuke to St. Petery for going about to resist a lawful Au-1 thority, tho' employ'd upon a very unjust Errand. ,Yet will it not prove that the Supreme Powers may not be\resisied in any, case, or by"any Person whatsoever, let them use their Power never so cruelly or tyrannically, against their Subjects. I grajat indeed, Jt.proves what I have never denied,,that a private Person, tho' innocent, ought .not to resist the Civil Officers that come to seize him, for a Crime whereof he i$ accused before a lawful Au^ho^y > f°r tnis is not only unlawful by the Command of Christ, but also by ,the Law of .Nature ami Nations. For in England it is n0t only penal for a Man to resist the Officers pf Justice that come to seize him, tho' he be innocent of the Crime whereof he is accus d, but also to withdraw hiniself from Justice by flight. And tho' upon Trial he be found innocent, yet iif he fled for the fame,, he shall forfeit all his Goods, and that very justly, because no Man ought to suspect the publick Justice, or to withdraw himself from the Trial of the Laws. Now. to apply this to the Case of our Saviour, tho' the Action, which these Priests and Soldiers came ahout was in it self unjust; yet was it not so ekber in, respect of these Officers themselves, who acted by a lawful Authority; noxyet was it,unjust or unlawful in respect of the High Priest and Sanhedrim, who sent- them.t^FogJince it belong'd to them alone to judge of a Prophet, who they supposed, taught-contrary to the Law of Moses, since.they did believe our Saviours toib&cfticbia Prophet, it was in respect of them neither unjust nor unlawful to seize hii&i-iftodjbringhim before them, to give an account of his Doctrine: And they might likewise dp5 this either by day or by night, wish the help of more or sewers Men, .according as they should think fit; since they seared the People might rescue him j especially since they look'd upon him as one ysrho went about to make him-: self King of the Jwst in opposition to Cafar; and therefore whilst they lay under rhis.-Mistake, they were under as high an Obligation, as an erroneous Conscience cdujjUay upon. them^ of seizing him, and bringing hjm before the High Priest and tb&Governor. F,ot if they had believed him to be the true Messiah, and conse<JuenHy<.the Kjng of theirNation, [it had been* impossible that they should ever have.:gpne .about to put him tp jpeath^ Which likewise our Sayipur himself ackoOHfiedges, whep,prayrng fo^ithem that crucified he 'said. Father, forgive L"kt 23- 34» theinl'.fqr they kmw mt what th/ydp* ;,,}„  . fr. it7 .->

jl.ipeak not this to excuse, tjie Priests, or Sanhedrim, "for condemning our Saviour tcDeath, or for- using all the;Power they had with Pdate to have him executed; sinCfei -grant their Ignorance being in gieat part wilful, at least not invincible^ they.had no just.Excusc not, tp believe in, him, after, so many, Miracles he had wrought in.the. sight of all the, World: But only to, prove that.which I suppose you will npt.deny^ that Magistrates, even whilst they."act unjustly, are not to .be resisted in the,Execution of publick Justice y no, not to rescue an innocent Man by force from the Hand of Justice, after he is condemned : Since, the false or unjjust Sentences of Judges against particular Persons are to be taken for just in comraon;acceptation, till they be repealed; according "to that Maxim in your Civ^l Law, Prætor, dum miquum decernit, jus dicit. And therefore our Saviour coming to. fulfil.all Righteousness, and to be the exact Pattern of Divine and Moral Actions^ could not do less than rebuke St. Peter, for making use of the Sword ,A'ii Y 2 against


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against a lawful Authority. But what is this to the Cases that I have put ot" the Resistance of whole Nations, or great Bodies of Men, against an unjust Force and and destructive Violence upon their Persons and Estates, by those who pretend to act as the Supreme Powers, tho' contrary to all Laws natural and divine, and who have no Pretence to act as they do, but only their unjust and arbitrary Wills back'd by Power. And that there is a great difference in these two, I will clearly (hew you, from your own Concession, that no Man wanteth Authority todefend his Life against him that hath no Authority to take it away; and therefore I suppose St. Paul

Acts u. might, only with the help of those that were with him, not only have defended his Life against those whom we find (in the 2 y th of the Ails) were by Order of the High-Priest, and Chief of the Jews, to have lain in wait to kill Paul by the way, but also against any that Festm the Governor himself should have sent for the same end:

Acts 25. 16. Since he there declares, "That it is not the Manner (i.e. Law) of the Romans, to deliver any Man todie before that he that is accused have the Accuseds face to face, and have licence to answer for himselfconcerning the Crime laid against him. And therefore as Cits ar could give Festm no Commission to murder Men, so neither did God bestow on the Emperor any Authority to commit Murder, or to authorize others to do it. And if a single Person -might do this, certainly much more a whole Nation, Country, or City, may justify such aResistance, where their Lives, Liberties and Estates lie at stake, from the Violence or Tyranny of the SupremePowers; and therefore I do not see, but that I may very well grant the Instance you have put to be conclusive against this Resistance made by St. Peter on our Saviour's behalf: So that it doth not reach the Case in hand, that all Resistance of Supreme Pvwers is unlawful. So that unless Princes and their inferior Officers receive Authority from God to commit Murders, every Man may defend himself against them, when they go about to take away their Lives by Violence contrary to Law. And therefore I fee no Reason, from any thing that you have hitherto said, to believe that Christ did not allow this Distinction, between the Person and Authority of the Prince, to be good in some Cases; or, tho' his Person should be sacred, yet that his Minister** who act not by his Regal Authority, but his Personal and Tyrannical Will, may be opposed. Nor can I find any Consequence from what you say, "That he is a mock Prince whose Authority is confined to his own Person, who can do nothing more thanwhat he can do with his own Hands; since no Man in his Wits asserts any such thing : Pot I grant, that anAbsolute Prince hath Power to make Laws, and to command them to be put in execution, which do not contradict the Laws of God and Nature i and a Limited Prince hath likewise a Right to command in all things, that do not exprefly contradict God's Natural and Revealed Laws, and also those Positive Laws of his Country (which he is not the sole Maker of) that do not contradict the former : And if he can do this, I think he is endued with an Authority fufB* cient to answer all the Ends of Government, without sopposing this he must needs have an irresistible Power (and without which he cannot answer those Ends) to murder and enslave whomsoever he will. I grant indeed, a Prince is not meetly a Natural, but a Political Person; but certainly his Personal Authority, as King, doth not reach as fat as his Commission, or that he who resists those who act by his Commission, may be skid in all Cases to resist his Regal Authority: Since at this rate the poor Protestants in Ireland, at the beginning of the last Irish Rebellion, had been in a very woeful Condition, if it had happened (which was not impossible) that King Charles the First should really have granted a Commission to Sir Phelim Oneal to destroy them; which no Man could then certainly tell but that he had, since Sir Phelim publickly strewed such a Commission, and still asserted the Truth of it, till he came upon the Gallows. But this is only by the by, and in answer to what you have now said to this matter. So that there is no need of supposing what our Saviour intended one way or other in this matter; since-He did not rebuke St. Peter for resisting the inferior Officers, because they Offered an unjust and illegal Violence; but because he resisted those who acted by a true and legal Commission from the High-Priest and Sanhedrim, who supposed our Saviour to be a false Prophet.

As. Is this Distinction of yours were true, it would render the Example of Christ's Suffering, in obedience to the Supreme Powers, tho' unjustly, yet without

S. C.R.p. Resistance, of no effect to us; whereas I am firmly persuaded, that Christ took

81. such a mean and suffering a Person upon him, because it was most agreeable to the

Religion which he preach'd, and of which he was to be an Example; and therefore.

fore, tho' Christ suffered for other Reasons, and to other Ends and Purposes thatt
we do or can suffer, yet his Sufferings are an Example to us, because God chose
to save and redeem us by the Sufferings of his Son, not only that he might expiate
Our Sins by his Blood, but also that he might be an Example to us of Meekness,
and Patience, and Submission to the Divine Will, and Subjection to Government
even in the most unjust and infamous Sufferings. We may consider farther, that
Christ's Sufferings, in obedience to the Will and Appointment of God, do not
make him unfit to be our Example: For tho' God has not so peremptorily de-^< P-'
creed that all Christians should suffer, as he did that Christ should suffer; yet when-
ever we are called to it (as we always are, when we cannot avoid suffering with*
Ottt resisting a lawful Authority) our Sufferings are as much the Effects of Gods De-
cree and Appointment, as the Sufferings of Christ were; and in such Cases every
Christian may and ought to fay, as his Lord did, The Cup -which my Father hath
given me, staff I not drink it?

Thus St. Peter exprefly tells the Christians to whom he wrote, and gives it as i @ Reason why they should suffer patiently, even for doing well: For even hereunto i ?eU *< *»« were you called, because Christ alsosuffered forHi, leaving us an Example, that we should follow his steps. Now calling, in the New Testament, signifies the Choice and Eleetion of God, and always supposes a Divine Decree, Appointment, and Constitution, as the Foundation of it. Thus St. Paul tells us, that the Gifts and Calling Romt 11. f jf< (xXijJnc) of God are without Repentance ,• that is, that Decree he made to chuse the Posterity of Abraham for his People, which still entitled all those of them to Ib- P- 83* the Blessings of the Gospel, who would believe in Christ. Thus the State of Christianity is out Calling, and Holy Calling, because it is the Way and Means God hath cho- i <r,m' '• ?• fen and appointed for the Salvation of Mankind: And Christians are often stiled flf*' 5" *' the tailed, because God has now decreed to chuse all the sincere Disciples of Christ, as ht formerly did the Posterity of Abraham, to be his peculiar People ,• and throughout the Scriptures of the New Testament, God is never said to call, nor any one to be calledof God, but with respect to some Divine Decree and Constitution. And therefore when St. Peter tefls the Christians, that they are called to suffer, it signifies that God hath appointed them to it by his positive Will and Decree.'

This St. Paul discourses more at large in his Epistle to the Romans, and comibrts them under their Sufferings, from this very Consideration : That the Sufferings which they underwent were not the Effects of mecr Chance and Accident, »c*r of the Wickedness and Injustice of Men, nor barely of God's Permission, but of his Decree and Appointment; and therefore they might certainly conclude, that whatever their Sufferings were, theystiould turn to their good. And -we know, Rom. 8.28, that all things work together for good to them that love God, tothem that are called according 29> 30to bis purpose: Those who are called, that is, to suffer {which is the Argument theIbm P* Apostle is discoursing of) according to his Will and Appointment, And a little after he goes on, and fays: Andfuch Persons who are thus appointed, who are thus called st« P« 8f' by God ro suffer, shall be sure to conquer, and to receive the Reward of Conquerors. For thus the Apostle adds: For whom he did foreknow,he also did predestinate, to be conformed to the Image of his Son, that he might be the first-born amongst manyBrethren. This Conformity to the Image of Christ in this place doth plainly signify a Conformity to him in Sufferings', as is evident from the whole scope of this Place'Some Persons ft seems there ate, whomCiod doth predestinate or soreappoint to ^be conformed to the Sufferings of Christ j for this is not the actual Portion of all 'Christians, though it is the Condition of our Diseiplefhip<

So that though God hath not made us Slaves and Vaslkls to the Humour of Ib. p<8& every Tyrant, yet all the Afflictions and Sufferings of Christians, especially those <wlrieh befalthem on the account of Religion, are as particularly ordered and determined by God, as the Sufferings of Christ himself were; and therefore there is no dhfetence upon this account between thc Sufferings of Christ and the Sufferings Of his Disciples ; and therefore though Christ came into the World on purpose to suffer, in obedience to rhe Divine Will, this tfothnot make him ever the less sit *to be an Example to us. Nay, this Obedience to the Will of God, in suffering the hardest things from the most unjust and tyrannical Powers, is an Example to us of the fame patient Suffering,, and Submission to the Will of God.

It is true, none of us in particular can know, that God hath decreed, that We ** P< 8'< flialT suffer such or such things, and from such or such hands, as our Saviour did:




But yet this we know, that it is God's Will and Pleasure, that we fliould patiently endure those Sufferings, which we cannot avoid without Sin; and since he hath forbid us by express Laws to resist the Higher Powers, whatever Sufferings cannot be avoided without Resistance, it is God's Will and Pleasure that we stiould submit to them. And since none of these Sufferings, which are unavoidable to us, befal us without the particular Decree and Appointment of God, we have .reason, in imitation of our Great Master, to submit to them with the same Cheerfulness and Self-resignation as he did. [J.

There is something indeed in the Example of our Saviour, which in our Cir-; cumstances we are not bound to imitate; for he punctually knowing what God*^ Will and Pleasure was concerning him, voluntarily chose that Condition, which he so well knew God had allotted for him. He freely chose a mean and servile Fortune, he chose Suffering and Death; when his Time of offering up himself was come, he went up to Jerusalem on purpose to die there :• But we are not • -.. bound to chuse Poverty, and Disgrace, and Suffering; we are not bound voluntarily to deliver up our selves into the hands of Tyrants and Persecutors, who thirst after our Blood. We may and ought to use all just and honest Arts to make our Condition easy and comfortable in the World, and to avoid the Rage and Fory of bloody Men, because we cannot tell, that it is the Will and Appointment of

Ib. p. 88,89. God that we shall suffer, till our Sufferings are unavoidable ; and then when we must cither suffer or sin, when we must either renounce our Religion, or resist, she Supreme Powers; we must embrace Sufferings and Death, as that Portion which God hath allotted for us. »'•./.;•  '.• r

I (hall only here observe what a mighty Security this is to all good Christians, how absolute or tyrannical,soever the Power be under which they live; thatthey are safe in God's hands, and all the Powers of Men and Devils cannot touch t^em, till God by a positive Decree appoints and orders their Sufferings. There.coiya not be greater nor more absolute Tyrants than the Roman Emperors were atudra time ; and yet they had no Power over, the meanest Christian, but by ah express .Commission from Heaven. This is, the special Privilege of the Christian Church above the rest of Mankind, that they are God's peculiar Care and Charge ;, that lie doth not permit any Sufferings or Persecutions to befal them, but what he Isim'jflr" orders and appoints. It is a great Security to the-World, that there is no-jpvfl happens to Men but what God permits, and that he permits nothing but what.be can over-rule to wise and good Ends; but it is a greater Happiness to Bkveow Condition immediately allotted by God. God may permit a great many Eyjl^ip befal us in Anger, and Displeasure; but when he takes us into his immediate Prop tection, and under his own Government, whatever Evils he appoints for us, whoever are the Instruments of them, they are certainly for our good. And therejprg

Ib. p. 90. there is no such Danger in the Doctrine of Non-resistance, as some-Men imagine ..: How absolute soever this may be thought to render Princes, sincere Christians cp suffer nothing by it, for they stall suffer nothing more Ihpr less than what God .^Rf points for them to suffer : But as for the Absurdity^ you think you have brought me to, by granting that no Man wants Authority to defend his own Life.against him who hath no Authority to take it away, that does not extend to Supreme Powers; since,, tho? I grant they have no Authority to take away.Mens Lives copr trary to Lawj yet does it not follow that we may resist and oppose them, . i(!ihgy do. This I absolutely deny,, because 0od hath expxesty commanded us, noj^ti)

///. p. 190, resist them;, and I fee no Inconsistency between these two Propositions, tjbat^.

Prince hath no legal Authority to take away Mens Lives against Law, arid ye^ that he must not be resisted when he does so ; for both the Laws of God ana of our Country suppose these two to be very consistent. I .", . ■

F. To answer this long Speech of yours, the best way may be; to sliew ypu,, first, how far I agree with..you, and wherein I must differ from you; and I .will also tell you what Reasons I have for it. In the first olace I grant, that though our Saviour was indeed the Meflias, and> true JfCihg'of the Jews, .yet was he^ot such a Mejsias as they expected, nor was-he to have a Temporal, but Spiritual Dominion ; and therefore would not be such a King* though the Jews would have made him so. I likewise yield, that Christ submitted to the most unjust Sentence, and to the most ignominious and painful Death, rather than he would resip the Higher Powers; though he could easily have called for Legions of Angels to his rescue : As also that he rebuked Peter, when he drew his Sword in his defence, Resistance or Opposition. My Kingdom (laid he) is net of this World: if my Kingdom ■were of thisWorld, then-would my Servants fight, that Ishould mt be delivered to the Jews; but now is my Kingdom not fromhence. All which plainly (hews, that our Saviour's Subjection was no matter of Force or Constraint, because he wanted Power to resist; but it was matte r of Choice, that which was most suitable to the Nature of his Kingdom, which was not to' be propagated by carnal Weapons, but by Sufferings: Yet though it may not be propagated, sure it may be defended by force, in some caTes j as, if we were invaded by a foreign Power, who made War upon the account of Religion j and also in those Kingdoms or Commonwealths, where Christianity or the true Profession of the Gospel is established by Law, and makes a part, not only of the Ecclesiastical, but Civil Constitution of a Nation. In these cases, if those who pretend to the sole Legislative Power (but have it not) should goabout to alter the National Religion by force, and put Men to death contrary to the former Laws and Constitutions of that Kingdom, I think such illegal Powers may lawfully be resisted by the People, they having as much Right to the free Exercise and Enjoyment of their establish'd Religion, as they have to their Liberties, Properties, or any other Civil Rights; since by this legal Establishment Religion becomes a part of the Civil Constitution of the Kingdom, and so may be maintained by the fame means as other Rights. •< >

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idly, I grant, that in all other Cases our Saviour hash so far proposed his Suf-. serings to us for our Imiration, as we are engaged by our Baptismal Vow to suffer in the same Cause for which he himself silffered, that is, for the bearing witness Tliat Jesus is the Christ, or true Mejftai, and Son of God. And this the Apostle calls (speaking of Christ himself) the witnejfing before Pontius Pilate a good Confession. The like I also hold of all such Truths, as are the necessary Consequences of this great Doctrine. •;

idly, I farther grant, that when God calls any Person to suffer for the Testimony of his Truth, by the Cruelty of those who are the Supreme Powers (as the Apostles and Primitive Christians were by a particular Providence) that then those Powers^are not to be resisted, but patiently submitted to by Christians at this day; whenever it proves necessary for the fame great Ends for which Christ at first enjomed it, viz,, for bearing witness to the Truth of the Gospel, and for the further Propagation thereof by our constant Sufferings and Example, according to that Saying of the Primitive Fathers, Sanguk Martyrum semen Ecclesije. Yet is not this absolute Submission to the SupremePowers, in Matters of Religion, due by the Law of Nature, or that delivered to Moses; but (if at all) purely from the express Command or Example of Christ. So that all the difficulty lies in discovering, when we are thus called by our Saviour to suffer and bear witness to the Truth, though with the Lose of our Lives, and all that is dear to us.

And therefore, if I should grant, that whenever we lie under the like Circumstances of giving this Testimony as the Primitive Christians then did, and that it may serve as much for the fame Ends design'd thereby by God, we are also under the fame Obligations; otherwise I thihic we are lawfully discharged from it. As sot example ; suppose the King should, instead of a Papist, have turned Mahometan, and, to propagate or set up his own abominable Superstition here, should have sent sot, from Turkey or Morocco, a great Army of Turks or Moors,and by them would force all the Christians in England to turn Mahometans, by the fame Methods of Dragooning Men and seizing their Estates, as the French King hath exercised upon his Protestant Subjects; can any. reasonable Man believe, that we lie under the fame Obligation thus to suffer in a Country where the People are all Christians, as we were if we had happen'd to be converted in a Country where almost all or the greater part of them wereMahometans or Heathens, and where the Mahometan or Pagan Religion hath been for many Ages the established Religion of that Nation and Government. For in our Case, there is no farther occasion to bear witness to the Truth by

all the People amongst whom we live are sufficiently convinced of the Truth of jt s Nor can it be reasonable that our Saviour should give up whole Nations to be thus destroyed, at the Will of one, or a sew Men, only to do that of which there is no need: For then Jesus Christ hud delivered us up to be meer Slaves and Vassals to the Will and Humour of every wicked Tyrant, (which you seem to

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disappro\re) without performing any of those great Ends, for which he at first enjoined this Submission: And tho' I grant that the Afflictions and Sufferings of Christians, on the account of Religion, are as particularly ordered and determined by God, as those of Christhimself; yet, it is only as they may be subservient to higher Ends, viz,, the Propagation of his Religion, and the Good and Peace of? Mankind; which I think cannot be well promoted by supposing an irresistible Power in the Prince or State, of rooting Christianity quite out of a Nation or Country, after it is settled by Law, and become the National Religion thereof, and of enslaving all the People of it whenever he pleases : And this I take to be the true Bounds and Limits of our Submission to the Supreme Powers in Matters of Religion. But supposing, not granting at present, that Christ hath laid any more strict Commands of Submission upon us in those Matters; yet since he came not into the World to put us into a more miserable Condition in other things, than we were before his coming; nor to take away or abridge us of any of those Natural or Civil Rights that we enjoy as Men or Subjects; therefore if the People had a Right before Christ, to defend their Lives, Liberties or Properties against the violent Assaults and Oppressions of Princes or Stares, they have still the fame Liberty left entire in all Cafes, which remain not excepted by the express Precepts or Example of Christ; since it is a general Rule in all positive Laws, that whatever is not excepted or altered by a subsequent Law, remains the fame as it was before in all other Cases, which are not so particularly excepted: And therefore tho* I sliould grant that it were now unlawful in any Case to resist the Supreme Powers, who persecute or put Men to Death for bearing witness to Christ's true Religion; yet doth it not therefore follow that it were unlawful to resist in any other Case whatsoever, though it were in the defence of our Lives, Liberties or Properties; since such Defence was lawful (as I have already proved) before Christ's coming, and is not expresly forbidden by any Place of Scripture, or Command of Christor his Apostles. •. -'

And without the Considerations of these great Ends that Jefiti Christ had to enjoin his Followers an absolute Submission to the Supreme Powers in some Cafes, (tho* not in all) were to suppose, that instead of a merciful Saviour, he had only come into the World to patronize Tyranny, and to render the Condition of Mankind much more miserable than it was under the Law of Moses, or in the State of Nature; and seems to suppose, that instead of commiserating Men's Sufferings, he only took delight to make them more miserable. Nor will it be any Comfort or Security to Christians, when they are once made Slaves under an arbitrary tyrannical Power, Thatthey are safe in God's Hand, and that all the Powers of Men or Devils cannot touch them, till God by a positiveDecree appoint and order their Sufferings: For if this were a good Argument against all Resistance, it would be so likewise against resisting Pirates or Robbers; since whatever we suffer from them is by God s positive Decree, who thus orders all our Sufferings even from them: And yet I think (since Men are not now to be saved by Miracles) he hath likewise also ordained Resistance as the only humane Means to prevent their Malice and Violence, or escape out of their Hands when we fall under, them. Nor are the fame Ends unlawful against any other humane Powers, but what God himself hath ordained.

And therefore it is a very crude Assertion, to fay, that though there could not be more absolute Tyrants than theRoman Emperors, yet that they had no Power against the meanest Christian, but by an express Commission from Heaven; whereas I never knew as yet (and I would be very glad you could shew me) where this express Commission is to be found, whereby Princes, or other Supreme Powers, are authoris'd to persecute, enslave, or take away the Lives of the meanest Christians barely for Matters of Opinion, or Faults that do not immediately concern the publick Quiet and Safety: And as you have talk'd a great deal of the great Security it is to the World,that no Evil can happen to us but what God permits; and that he permits nothing but what he can over-rule towife and good Ends; and that God may permit a great many Evils to befalus in his Anger and Displeasure; andthat whatever Evils he appoints for us, they are certainly for our good; and that therefore there is no such Dangerin the DoBrine of Non-resistance as some Men imagine ; because sincere Christians can suffer nothing by it, sincethey JhaS suffer nothing more or less than what God appoints them to suffer. All these Arguments might as well be used for not resisting Pirates



{169}

or Thieves, or not endeavouring to divert or oppose a River that had run beyond its Banks, bait to let it go where it lists, to the destruction of a whole1 Country, because forsooth, sincere Christians can suffer nothing by it, forthey can suffer nothing more or less than God appoints them to suffer; indeed a wondrous use of Consolation. And therefore, unless you can prove that all Tyranny "is ordained by God for our good; and that therefore we are obliged under pain of everlasting Damnation to submit to>it ,• all that you have spoken concerning the Example and Sufferings of Christ signifie just nothing; so that I think the Absurdity still lies at your Door; since if Christhas not exprefly forbidden all Resistance of the unjust Violence of Princes, (as I do not find he has by any of the Texts you have yet brought) every Man may still defend his Life against him who you grant hath no Authority totake it away; and as for its being forbidden by the Laws of our Country, I shall answer that when you urge thoje Laws to me.

M. I hope I shall be able to prove that by and by, but in-the mean time give me leave to observe, that it seems very strange to me, that you mould own Christ hath obliged his Disciples to submit without any Resistance, in some Cases, to the Supreme Powers, when they persecute them and put them to Death for Religion; and'that they might not take up Arms in the defence of their Religion, which is the greatest concern that Men ought to have in this World; and yet that they might do it for much less considerable Matters^ viz,, their Lives, Liberties or Estates, which sure ought to be of much less importance than the Glory of God, which is chiefly maintained-by his true Worship. But I see you have found a Salvo for1 this, and will not allow Princes the irresistible Power of Persecution, when the Religion is once settled by Law; that is, when the Christians were strong enough to resist, which certainly would be no thanks at all for their Submission, since Men, who are weak and unable to resist, must needs obey and suffer; which were matter of Force, and not of Duty: Whereas we find by lertullian, and all the Ecclesiastical Historians, that though the Christians were strong and numerous enough in the Roman Empire, yet they chose rather to dye than to resist, as I shall shew you more particularly anon, when I come to those Quotations; but I will, if you please, now proceed to the two last Texts I have to cite to you out of St. Paul and St. Peter. . <■ 

■F. That we may not confound things one with another, I pray give me leave How to answer what you have objected against what I said last, before you proceed to any fresh places of Scripture; for though, in the first place, I doubt whether the Non-resistance, which Tertullian and other Primitive Fathers so strictly preached up, was founded upon any express Command of our Savioilr or his Apostles; yet granting at present that Christ and his Apostles enjoyn'd it both by their Example and Precept, yet this does not reach the Cafe now before us; for there may be very good Reasons why our Saviour might enjoyn an absolute Submission to the Supreme Powers without any Resistance, though they persecute us, nay put us to Death, for Matters of Religion; and yet he may allow us greater Liberty for the defence of our Lives, Liberties and Estates, when assaulted by the unjust Violence of the Supreme Powers.

For First, Our Saviour ordained his Religion to be suitable to his Person, viz.. a meek, humble, suffering Messiah, to be an Example of a meek and suffering Religion. Secondly, Our Religion is a thing that no Power in the World can take from us; Persecution indeed may increase it and render it more fervent, but can nevdr diminish it, if it be real. And God hath exprefly promis'd so great a Reward in another Life for our Sufferings for it in this, that it will infinitely outweigh all that ever we can suffer on that account. And Lastly, Our Saviour Christ was pleased to ordain his Doctrine to be propagated by Miracles and Sufferings, to distinguish it from all the false Religions that had been in the World before his, or that should be set up in opposition to it afterwards; since neither the Pagannor Mahometan Superstitions, nor yet the Jewijb Religion, can shew the like; to subsist, nay encrease for above three hundred Years under such great and cruel Persecutions; nor yet is the Glory of God at all diminifh'd, but rather increas'd under Persecution, since none are then firm to it, but such as are really persuaded of its Truth, and that they ought to suffer the worst that can befall them, rather than forsake it. ... *


And certainly nothing can tend more to the Glory of God, than to see it sub>"» fist and increase under a cruel and bloociy Persecution; yet there is not the fame reason that we should suffer Persecution aster Religion is become the settled Constitution of a Nation; because then every Man hath the same Right to it as he hath to his Property or Freedom; and tho' a Man may part with either the ojje or the other, yet is he not obliged to give them up by Force, and whether he will or no; so likewise neither that Right which;he hath to enjoy his.R^" ligion according to the Laws of his Country. And therefore I do not resolves Obligation to Non-resistance in Matters of Religion, into the being the major pafit in a Kingdom, as you suppose; for if the Government of England were Popish, that is, the Legislative part of it, and the major part of the common People were Protestants; perhaps in that Cafe they were under all the Obligations of enduring Persecution without Resistance, as they were under the Heathen Emperors > but indeed the Primitive Christians were obliged to Non-resistance, because.,they lived under a Government in which Christianity was forbid, and Paganism estaV lished by Law. 1 . , v; . ........

And though it is true Conflantine made several Laws, enj'oyning the free E*8J> cise of the Christian Religion, and forbidding the Heathen Sacrifices, and thai the Pagan Temples should be shut up; yet was not the Christian Religion^ foriiU that, the sole Religion of the State; the very Senators of Rome, and the raajoj-pflffi of the common People, continuing Pagans still. So that it seems the Christjas Re* ligion was all this while rather established together with Heathenism, than thafcthw was wholly forbid; since all Civil Offices and Preferments were equally conferred upon Pagans as well as Christians, if they deserved them; and therefore it was no hard matter for Julian the Apostate to revoke so many of those Edicts his UncJg had made in favour of Christianity, and to abrogate those which had been pubn lifli'd against the publick Sacrifices to the Heathen Gods, and shutting up tbqijj Temples : So that no wonder if they were now again under the. fame Obligations to suffer, as they were before Constantine's Time; since the Christian Religion was never the only one established by Law, so as to exclude the open Profession of any other, till the Time of Theodosim; after which (as also some time h&r fore) according as the Christian Religion increas'd, and as they got greater'tffjK vileges from the Emperors, so were they more stout and bold in standing ,up for and defending the j'ust Rights of their Religion, whenever they thought: them invaded by the Arian or other Heretical Emperors, aa I (hall shew you by several Instances out of Church History, when we come to it; feut you may now, if you please, proceed to the rest of those places of Scripture which you have to produce against this Doctrine of Resistance in those Case I havq put. >Jv.

M- I have many things still to object against your last Discourse, but since i\ grows late, I shall now confine my self to the Doctrine of the Apostles concern ning Non-resistance; not as if the Authority and Example of our Saviour we-?e o» not sufficient of itself to make a Law, but stood in need of the Confirmation and; additional Authority of his own Apostles, but we might justly suspect ourselves mistaken in the meaning of our Saviour's Words, or in the intention and. design of his Sufferings, had none of his Apostles, who were immediately instructed byr himself, and acquainted with the most sacred Mysteries of his Kingdom, evej? preached any such Doctrine, as this of absolute Subjection to Princes. And therefore to give you the more abundant Aflurance of this, I shall plainly shew you that the Apostles taught the fame Doctrine, and imitated the Example of their great Master. I shall begin with St. Paul, who hath as fully declared himself in *• this Matter, as it is possible any Man can do by Words. Let every Soul be subject unto the higer Powers, for there is no Power but of God, the Powersthat be are ordained of God: Whosoever therefore resisteth the Power, resisteth the Ordinance of God, and theythat resist shall receive to themselves Damnation'

This is a very express Testimony against Resistance, and therefore I shall consider it at large; for there have been various Arts us'd to prevert every Word of it, and to make this Text speak quite contrary to the design and intention of the Apostle in it: And therefore I shall divide the Words into three general Parts. First, The Doctrine the Apostle instructs him in; Let every Soul be fubjeB to tin higher Powers. Secondly, The reason whereby he proves and inforces this Doctrine; For there is no Power but of God; the Powers that be are ordained of God.Whoever there

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fire resisteth the Power resisteth the Ordinance of God. The Punishment of such Resistance* and they thatresist stall receive to themselves Damnation. I shall begin with the Doctrine, shot every Soul must he subject tothe higher Powers; and here are three-JW* p. ion Things to be explained. First, Who are contained under this general Expression of every Soul. Secondly, Who are meant by the higher Powers. "Thirdly, What is! meant bybeingfubjetf. First, Who are contained under this general Expression (Si every Soul; which, by an ordinary Hebraism, signifies every Man: For Man is a . compounded Creature of Body and Soiil, and either part of him is very often in Scripture put for the whole, sometimes Flesh, and sometimes Soul signifies the Man; and when every Soul is oppos'd to the higher Powers, it must signifie all Men, of what Rank or Condition soever they be, who are not invested with this higher Power. And again, the design of the Apostle, as you shall hear more particularly by and by, was to forbid all Resistance of Sovereign Princes; and had he known of any Man, or number of Men, who might lawfully resist, he ought not to have express'd it in such general Terms, as to forbid all without Exception.

And therefore I shall now a little more closely examine your main Argument, or incieed Foundation of all that you have urged for Resistance, viz. That tho' it is unlawful for private or particular Men to resist the Supreme Powers; yet that it doth! not extend unto the whole or major part of a People or Nation, whenever they are outragioufly oppress'd or assaulted by the higher Powers, beyond what they suppose they are able to bear; whereas the Apostle here commands st,y. p. I03, every Soul to befabjeSi; and therefore if the whole Body of the People be subject to God, , they must also be subject to the Prince too, because he acts by God's Authority and Commission. Were a Sovereign Prince the People's Creature, that might be a good Maxim, Rex major singulis,fed minor imiversis, That the King is greater than any particular SubyeEl, but less than AU together; but if he be God's Minister, he is upon that account as much greater than all as God is. •

And that the whole Body of the People altogether, as well as one by one, are IhU- 104. equally fconcernJd in this Command of being subject to the higher Powers, is evident from this Consideration, that nothing less than this will secure the Peace and OTranquility of humane Societies. The Resistance of single Persons is more dangetoiis to themselves than to the Prince; but a powerful Combination of Rebels is formidable to the most puissant Monarchs. The greater the number of Subjects that feb'et against theit Prince, the more do rhey distress his Government and threaten his Grown and Dignity ; and if his Person and Authority be sacred, the greater the Violence i$Jwhich is offered to him, the greater is the Crime.

J-Iad the Apostle exhorted the Romans after this manner; " Let no privare and p- J°4> ■"* jfed single Man be so foolish as to rebel against his Prince, who will be too Ic>5'

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would this have secured the Peace ana" Quiet of the World? How would this agree with what follows, that Princes a^e advanced by God, and that to resist our Prince is td resist the Ordinance of God, and that such Men shall be severely puniuYdfor it in thiV World or the next? For can the Apostle be thought abso^ lufely to condemn Resistance, if he makes it only unlawful to relist when he want sower to conqUet? which y^t is all that'can be made of it, if by every Soul the Apostle means only particular Men, not the united Force and Power of all the Subjects; : ,:

rNpr can there be any Reason affign'd why the Apostle should lay so strict a Com- uu. p. i^6. mand bn particular Chriftiasrs to be subject to the higher Powers* which doth not equally concern Whole Nations: For if it can ever belawfol for a whole Nation to resist a Prince, it "may iji the fame Circumstances be equally lawful for a particular Man to do it; if a Nation may conspire against a Prince who invades their Rights, their'Liberties or their Religion; why may not any Man by the fame reason resist a Prince when his single Rights and Liberties are invaded? It is not ftyf p. I0& fofase and prudent indeed for a private Man to resist, as for great and powerful Numbers: But this makes Resistance only a Matter of Discretion, not of Conscience. If it be lawful for the whole Body of a Nation to resist in such Cases* it must be equally lawful for a particular Man to do it j but he doth it at his own


Peril, when he hath only his own single Force to oppose against his Prince; so that bur Apostle must forbid Resistance in all Men or none; for single Persons do not use to resist or rebel,or there is no great danger to the Publick if they do; but the Authority of Princes, and the Security of publick Government, is only endangered by a Combination of Rebels, when the whole Nation, or any conliderable Part, for Numbers, Power and Interest, take Arms against their Prince- If Resistance'of our Prince be a Sin, it is not the less, but the greater Sin, the greater and more formidable the Resistance is; and it would very much unbecome the Gravity and Sacredness of an Apostolical Precept, to enjoyn Subjection to a few private Christians, who dare not, who cannot resist alone; but to leave a powerful Combination of Rebels at liberty to resist; so that every Soul must signifie all Subjects, whether single or united; for whatever is unlawful for every single Person, ebnsidedered as a Subject, is unlawful for them all together; for the whole Nation is as much a Subject to the higher Powers as any single Man. Thus I am sure it js in, our Government, where Lords and Commons assembled in Parliament own them;selves the Subjects of the King, and have by publick Laws disclaimed all Power of raising any War, either offensive or defensive against, the King. . •

Let us now consider what is meant by the Higher Powers, (Opt fat vtepx&ctut} which signifies the Supreme Power in any Nation, in whomsoever it is placed, whether in the King, as in Monarchical Governments, or in the Nobles, as in Aristocratical, or in the People, as Democracies. At the time of writing this Epistle the Supreme Power was in the Roman Emperors; and therefore when St. Paul 3- commands the Roman Christians to be subject to the higher Powers, the plain meaning is, that they should be subject to the Roman Emperor. And thus St. Peter explains it; Be subject to every Ordinance of Man for the Lord's saker whether to the King as Supreme, w'^TtpijjovTi, the Word us'd in this Text, as to him who hath a supereminent Power, and is above all others, as also unto Governors that are sent by him, &c. From which Text Epiphaniut proves that subordinate Magistrates, under the King are ordained of God; and therefore that the Power of Under Officers, since it is the Ordinance of God, ought no more to be resisted thap the King's, from whom it is derived. „ '"t)"

F. I hope I shall not be very tedious in answering your long Speech, since"'ft small share of natural Reason and Grammar will do if; therefore, to be as short as lean, I do freely acknowledge, that not only private Men, but whole Nations^ are, by this Precept of St. Paul, to be subject to the higher Powers, without any Rebellion against them, as well as particular Persons, as far as they are Powers ordained by God. And therefore it is necessary that you should consider what is the true signification of the Word &w&, which if it be once discovered, you.will find it carries its own limitation along with it; for it excludes both the Usurp*? tion of the Supreme Power, and also the illegal and wicked Exercise of it; and of this Opinion is the learned Dr. Sanderson in his Lectures of the Obligation, of humane Laws; where, in his fifth Lecture, §.12. (as I remember) he speaks tQ this purpose, in answer to an Objection, 'that then aU those who have the power of'the Sword; that is, of compelling those who areunder their Power to perform tlxir Commands), ought then to be obeyed in Conscience. His Answer is to this purpose; " That the" "Power he means,and on which aloneliesthe Obligation of Conscience, is not that "Power which the Greeks call iwu^it, that is, natural or physical Power o'rFofiie$ - or else that which is only de fatlo, by which any one is able to do whatevei*''^ "pleases without any hindrance; but that Power which they call e!|8«'*,'tfta't" % "lawful Power, or of Right; to wit, that which belongs to- him that hath it'ljy, "the Law of Nature, Nations, or Civil Constitutions, by reason of the Person* "who bears it, and in respect of those who are to be subject to it, To this f* ilwia, or lawful Authority, the Apostle doth now so much press an exact Obe^ "dience, that he names it five times in the space of three Verses, but fays nai "one word of this Swap's, or Force. So far he. And if our Translators of this Place had rendered the Word ilwfa, Authorities, instead of Powers, as they have render'd it in other Places^ and as they were fain to do in the first of Peter, ch. 3- ver. 22. where ibsemv a'ndSwupeuv coming together in the fame Verse, they render the former Word by Authorities, and the latter by Powers, which if they had constantly done, they had effectually prevented the false application of this Text; since no Man in his Wits can imagine, that when a Prince (for Example) destroys, oppresses and enslaves his Subjects,.he acts thus-asi lawful Power or Authority; or that belongs to him (as Dr. Sanderson Ver^ well æx-,presses it) by any natural or municipal Laws; much less can be the Htcu true or just Authorities or Powers which are here meant by St. Paul to bcordained by God; and that these Words may be so render'd^instead of the Powers that ar.e,;FV . appears from Plato, who more than once hath hu. for verd Petestiv^v^z. s'c^«u: Power or Authority. • ■•• . ,% •'. ■ o3... J So that if this Text were to be understood in your Sense, this Place of Scrips ture would serve to countenance and defend all the Tyranny, Cruelty and Oppression which the most wicked Tyrants can commit; all which must be ordained by God, by vertue of this equivocal Word Power. But that you may the better fee the absurdity of this Interpretation, pray let us put these things into the Text instead of Powers, and fee how it will run then. There is no Tyranny, ViJ olence or Oppression committed by Princes, or their subordinate Officers, but what is ordained by God. , W.n°st>ever therefore resists this Power, resists the Ordinance of God. You'll fay, perhaps, that this is not your meaning, yet is it the true Sense that must arise from your Interpretation of this Place; whereas it implies no more than God's approving, all just and lawful Governments, and confirming from Heaven those moral Duties of Submission, Obedience and Non-resistance, which were always due, and must ever be, to lawful Authority; that is, such as are agreeable to the -Laws of God and Nature, which you plainly see are not due to meer Force, Violence or Cruelty; for that is absolutely excluded out of the T$xt, which will by no means admit of it: The higher Powers or Authorities ordained by God having no Commission from him for any of these wicked Purposes, '••otvdr; ..: .■ „

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M. I doubt, for all your Confidence, that you very much mistake the sense of s. C. Aifi these Words; for in the,rirst place your (or rather your Doctor's) Criticism be-19. tween .<£«w« and Jw«fi/i/will-not dp, for they both signifte the same thing in Scripture, either Force and Pow/et/or Authority, m iyu iietnu^aojuitvxb rivet; IwiS not be brought under the Power ofiany thing, i-Cor. 6. ra*. must signifie Force, and wtfuf must signifie Authority atod Dignity. Thus' Efhes. 1. Jj. 'T*epuw ■xdcyji 'tyzfc, *?J £'S80%i *fr Sw«ft£«j.i(«i.nv((oriiToe} which are several Names and Degrees of Dignity and Authority as rwell as , Power. An$l in the second place you do much more mistake, wjjeniyou suppose by this, Word Powers to be meant only the true or just Exercises Civil, Authority,- whereas the «/ iifauliu are the ot ilai/ii^owTec, the Persons themselves who exercise Authority and Dominion, the tlfyxfinzfS the Ruleijs, v. j> the Ministers of God which bear the Sword, v.4.in St. Peter, the B^ixei); and 'HyffuwEc, the &jn,g and his Governors and Magistrates, 1 Pet,c. 2. v. Ij, 14, And therefore; Imulltell you,: you da very ill to separate the Power or Authority from the Persons intrusted with it. But suppose I fflouldffraini "'

rr ~* ""T

-j vMVf^HonsmtruUed with it.! , 1: - ■• . / ,-|.

rf««. * lijould grar$ .you that this^ord iis&m: doth here signifie the Exercise Jt c jg * 'r'£

of Authority, yet doth it not signifie. the right and lawtal.uie of this Power, but the' ... k

Right to exercise this Authority 5 whether well or ill, 'tis all one,, as to the Stjbr
mission due to it ibecaufe ho Resistance canbe lawfi^oi; want of a superior JuriP
diction over itj^Jne tjruth of this is eyjdent frorn t}oin 19. 10, 11. Pilate fays
to Jesta, bwiyfi thwmt that ffaisim e%o, I. have Power to crucifie thee, and have Power 1
to. release thee j Jesus grants it, and answers, ax tl%tQ ihicim fSefuaat Hkt 1^5, et

M>.3>t£. "Thou couldsst have no Pvwer .. against me, except it were given thee from above. '\

And tjherelbre I shall reduce .ygu/, Argument into the form of a Syllogism, that you JW> 1 j'8< t 'A

may more pjainjy fee the absurdity pf it... .
Powers not ordained by G»d, may be resisted without danger of Damnation.'.

But Powers exercises tyrannically, are not ordained of God; v J v

j Therefore wei aje not; forb^d^en to resist them.

'1ftShis Syliogisip the Minor is not true;; for though Tyranny be ndt the Ordinance of Godr yet the Power, or Authority (of which this Tyranny is but an *H Abuse) is of divine: Institution.; for tho' the Supreme Power is commanded to rule tjfM justly, yet is itiwitfial enabled to act otherwise.- for the good or ill use os it is left , ' •

indifferent, in respect of the Subjects Subjection, though not of the Magistrates com- ', I

rnanding or acting Power : So that the Abuse of this Power doth not make void the . M

Authority, though acting contrary to the Laws of God or Nature. The Obli-: gation not to relist, the Supreme Powers receiving not any Validity from their v" "' Justic*,


{174}


Justice, nor is it weakened or annulled biy their Violence or Injustice. Saul was Qod's Anointed, and Pilate had his Authority from above, notwithstanding their high Abuse of it.

So that upon the whole matter, I incline to believe, that the Reason which mads St. Paul call the Magistrates by the abftrailPowers, was this: He wrote to Christians living in the Roman Empire; and it was the Custom of theLatin Tongue to cast Persons endued with Power, Potestates. You may observe it in ,j3. Ulpian, L. quid sit. D. deÆdil. ediB. § 19. And in Auguflin, Epifi. 48. who says^ Stve Potestat veritati fovens aliquem corrigat, laudembabet ex illo qui fuerit emenddtm, five inimica veritati in aliquem faviat, laudem habet ex iUo qui fuerit core*natm > and mark that, Potestas inimica veritati, must needs signify a Man abusing his Authority. And in Juvenalwe read, An Fidenarum Gabionmque effe Potestat. And in Suetonius, Jurifditlionem de fidei commijfis quotamis,& tantiim in urbe deligari Magistratibdi folitam, in perpetuum atque etiam per Provincial Potestatibm Aelegavit.The modern Languages, Italian and French, which were bred out of the Latin, retain this antient way of speaking; for Potestat in old French, and Podesta in Italian, express not the Function only, but the Person who manages it. Thus antiently the Latin Word for the Chief-^Justice, was Justitia, as you may find in Glanvil, lib. 2.cap. 6. and Roger Hoveden's Annals; lo our King is called in the Abstract, Majesty, as the Grecian Emperors, iyt*fiiiaiXeicc..

Many dangerous Consequences flow from thence; but I desire not to make Sport with that unhappy Distinction which had almost ruined as flourishing, and strongly temper'd a Kingdom as any in the Christian World. It exposes Magistrates, and all in Authority, to the Contempt and Injuries of the basest sort of People; for when discontented it is very obvious for them to tell them j though Reverence is due to their Function, yet, that setting their Office aside, they 'will take the Liberty only to correct their Persons; and that the Magistrate is not at all affronted, though the Man be soundly beaten. Indeed, it is against common Sense to put such a difference between the Person and the Authority  Kings; for if it were real, neither God, nor the Laws of the Land haveniade any Provision for the King's Safety; for his Authority is not capable of1 ie* teiving any Benefit j and therefore it must be acknowledged;; by all sobetc'SB<i reasonable Men, that this Authority1 doth but convey fuc'h and such Frivi* ledges upon the Person who only can be sensible of them; and consequently whatever is attempted against his Person, is attempted against Iris Authority likewise.

P. 1 doubt you will have no better Luck in Criticisms'than my self, arid; that they will do your Cause as little good: For if there be rid" difference in the Scripture between ifaet'x and Zvvafitg, as you affirm; and that both of shea* signify, not the Authority alone, but the Persons endued with it, and thafthey are all from God; thenTyrants and Usurpers arc'ordained likewise by Gody &nd consequently Oliver Cromwest was as much theOrdinance of God, a£ King Charles i aftd if this be your Doctrine, much good may it.dd' you. But pray keep1!*** your self, lest if ;your Friends the Old Cavaliers come to know*it,' they will-quit* banish you their Company: Besides, I can shew Vcftf other[ Consequences that will follow fforn. it, which I have not now a mind to urgfei but- may hereafter j for I" have no mind to enter into that troublesome -foebate any more i for I told you enough of my Mind concerning it the last timdvwemet save'tmev ""But since yon will needs' have these4t}asuut not to-signifielowers or Authorities, but the Persons themselves, you shall have, your Will, for onee^ only I pray now answer me one short Question : Wheni for Example, -Charles the7 sixth, King os France, sell mad, and would have killed his Servants, by what Authority did they distinguish and.separate between his Person and his Power-?''and thought that they might Well resist and bind the one without 'any Diminution to the other. Or by what Right did the Portuguese seize'and imprison their late King, and make his Brother Regent in his room, but because the former used sometimes in a Frolick to murder his Subjects out of the Window, or as he met them upon the way; and was besides found, by reason of an iricurable Folly, to be utterly uncapable to govern? Pray tell me, did not the Servants and Sabjects of these Princes then separate the Authority from the Person ? If not, they must have let them alone to have done what they would, the Consequence of which you may easily imagine. , M. These

As. These Instances of the-Polly and Madness of Princes are the main things that you Gentlemen ofCommonwealth Principles have to defend them withal : But to shew you there is a great difference between maddrPrinces and Tyrant? t who are in their right Wits, I will shew you my Reasons why the one may be bound or resisted, and not the other. In the first place, I suppose you will not deny, but that Folly and Madness do so far incapacitate the Persons that arfe under those Misfortunes, that they hinder them from acting like rational Men, , much moK from performing any of the Functions of Civil Government. In the next place, they ought to be restrained for the Common Good of their People, as well as themselves, lest they should not only murder and hurt their Subjects, but themselves too.-' And lastly, because it is the highest Courtesy and Benefit that can be done such mad, -or foolish Princes, to shut them up dose, and hinder them from exposing their Folly and Madness, and rendring themselves ridiculou» to the World: Whereas a Tyrant,, whom I suppose in his right Wits, though be never so much mfimes or oppresses his People, yet Civil Government may be well enough carried on and maintains under his personal Conduct > and as long as he hath Wit and Sense enough to govern, he is so long to be tbeyed as the Ordinance of God, without any Resistance whatsoF. But this much I supposei.<you will not deny, but that this Power of refisting, and (hutting up mad Of foolish Princes, is whofly exercised by the Law of Nature ; since I never heard of any Civil or Municipal Law that made Previsiohsor itj- -ulf. z: .1 >0 stnic '... r.. . iO . « J . . >

-AT I stall not much difoljtethat with you; it may be so j but what do you infer from thence 1 - • :im»m 03

: :F. Why; no more than this-: that if I can prove to you, that there is no such great difference i»etweenMeatmen and -Fools, and habitual incurable Tyrants (afr.you imagine);,there is A like- Right in the People by the Law of Nature to resist and defend-tlwtoaselves against the $m as the other; and therefore I will examine each of your three Reasons one after another, and fee whether they may not as well be applied to stich Tyrants, whom alone I suppose may be resisted, as co Mad-men or Fools s and if they do, I suppose you will not deny the Consequence. Your first Reason is, that Folly and Madness do so far incapaestate their Reasons that are. under these Misfortunes, that they hinder them, from acting like rational Men, much more from performing any of the Functions of Civil Government. Now pray tell1 me, doth not Anger, Lust, Pride, Crueky, Wilfulnefs, Ambition, and unreasonable Self-love, which are the Passions and Vices which disturb the Souls of Tyrants^ and make them take a delight to enslave, destroy and oppress their Subjects, as much incapacitate their Reasons for performing these "Functions of Civil Governments, as Folly and Madness themselves? And I think I have already proved, that when Princes bring things to this pass, they dd as much deserve Tutors or Guardians to keep them from doing Mischief, and to manage their Kingdoms for them, as the most mad or foolish Prince we have read of in History. But the Mischief os it is, that such Tyrants, not being mad enough to be shut up like Mad-men or Fools, nor yet having Judgment, or good Nature, sufficient to perform the main Ends of Civil Government, by the. greatness of the Rewards that they are able to bestow upon their Followers, may fcon' bring the best Government into a State of Waeahd Confusion.: And 'till then I do not allow their Subjects to resist them. :T.■':

Your next Reason is, that they ought to be restrained for the Common Good of their People, as well as -themselves; lest they should not only hurt or murder their Subjects, but themselves too; Now pray consider, if these mad and foolish Princes mars be restrained and resisted, because they only murder, or hurt a few of their Subjects that" may come in their way, then have not such Tyrantt much greater Reason to be resisted and secured, that through unreasonable Revenge or Superstkion, make War upon and destroy the People, for no other Cause, but because they will not submit themselves to their unreasonable Lusts? Or that burn Cities, massacre whole Towns of innocent Subjects, and enslave and oppress a late flourishing Kingdomought not these as well to be restrained or resisted foe the Common Good of Mankind, though perhaps they will not

hurt or make themselves away, as Mad-men or Fools may? Or can any reasonable Man shew me, why the Extravagancies of such mad or foolish Princes may be resisted, but the furious wicked, and tyrannical Actions of the other, must be submitted to as the Ordinance of God? Or lastly, why a natural Infirmity or Weakness, such as Folly or Frenzy, shall make a Prince uncapable of Government; and yet why insufferable Tyranny, which is a moral Disability, shall give Princes a greater Privilege not to be resisted, I cannot understand; since the latter is much more destructive to the main Ends of Goverment j i. e. the Preservation and Good of the People, than the former can possibly be. i

As for your last Reason, that it is the highest .Courtesy that, can be done to such mad and foolish Princes to (hut them up, and hinder them from exposing their Folly and Madness, and rendring themselves ridiculous to the Worjd, I think the Reason will hold more strongly for the one, than the other. For as such foolish and mad Princes would, if they could come to themselves,, thank those who had done them so charitable an Office as to resist them, and Ihut them up ; so likewise, I verily believe, that if the Grace-of God, or some .natural Means or Accident, could so far open the Eye?, of such a.Tyrant, as.to let him see the Folly and Wickednesses of those Courses he takes against the People, he would, instead of being angry, thank his Subjects for resisting him; because thereby they had not only hindred him from making himself, any farther the common Hatred of his own Subjects, as well as his Neighbours ; but also from committing such heinous Sins and Offences against God, as Murder, Violence and Oppression. To conclude; I grant, that as long as a cruel or wicked Prince can so far restrain his Vices and Passions, as to maintain the Ends of Civil Government above mentioned, he is to be obeyed as the Ordinance of God. But when he will set no Bounds to his Tyranny, but resolves that his Lust shall be unconfined, whereby he becomes insupportable to his People,. they may as well distinguish his Person from his Power, as they do in the Case of Princes, when they are either Fools or mad Men. .... -: . .

M.But pray consider the rest of the Consequences of my last Discourse,and will not then the supposing a Power in the People of making this Distinction when they please, and of judging when the Prince's Government becomes intolerably Tyrannical, make them to take upon them to judge it so, when .it is quite otherwise, and so not seruple to rebel, or to resist (as youjcall it) whenever they are in the Mind to do it? And we have the more reason to be afraid of this, because from the long Parliaments,~and their Adherents, making use of this Distinction among other specious Pretences, were derived all the Miseries of our last Civil War. And therefore, though I own it is an easy thing to judge of the Madness and Folly of Princes, as well as other Men; yet (the Wickedness and Partiality of humane Nature consider'd,) it is a much harder Task to judge rightly what Actions of Princes are destructive to Civil Government, and render them as uncapable of it, as the most extravagant Actions.of foolish and mad Princes can be pretended to make them so. «« -sj

F. If the Instance of Mad-men and Fools seems to displease you, because it is very pat to the Subject in hand, I think I may likewise remark, that those Inconveniencies you suppose of making the People Judges in this Case, is the sole Objection I can find you have against what I have said j for otherwise, I do not see you have any thing to alledge against the fitness of the Parallel. But I have already, I believe, made it pretty plain, that murdering, enstaving and robbing of the People of their Propertœs, are things as easy to be judged of as Folly or Madness: And if a few Domesticks about the Prince shall be allowed, to judge when their Monarch is mad or foolish enough to be resisted and Ihut up, I cannot see any Reason, why the whole Body of the People may not as well be able to judge, when, by his Tyranny and Oppression, he hath dissolved the Governmenr, and entred into a State of War with them.

But to return now to the last part of ypur former Answer, wherein you grant that this Word il&ritt, doth sometimes signify not only, the Person, but the Exercise of Authority; but that it doth not .signify the right or lawful Use of it, but TA.buse too; and for the Proof of this, you alledge the Speech of Pilate to our Saviour; I am very well satisfied that that Text will make nothing for.

your your purpose: For though I grant that the Word in that place denotes Power or Authority, yet doth it not there signify the Abuse of it too : For certainly Pilate would never have told our Saviour, that he had a Power to abuse his Authority, and eo condemn him, tho' innocent; neither would our Saviour have answered him, that he had that Power from above. And therefore, I think I may very well maintain my Syllogism to be true, notwithstanding your denying of the minor Proposition. For since you cannot affirm Tyranny to be the Ordinance of God, yet that the Power or Authority, of which this Tyranny is but an- Abuse, is of Divine Institution ; which is but a Fallacy, if it be look'd into. For though you may, vulgarly speaking, call all Tyranny an Abuse of Civil Power, yet some Tyranny is more than that: For it is hot so properly an Abuse, as a Corruption of it into quite another thing, which God never instituted; and consequently therefore is not to be submitted to out of Conscience. It is- an old Saying, Corruptio oftirni, est pejstma; and you may as well tell me, that Vinegar, notwithstanding its Acidity, continues Wine still, as that Civ il Government, when it degenerates into the rankest Tyranny, continues still God's Ordinance: And if this be the true Consequence you draw from your Argument, it signifies little, viz,,that the Abuse of this Power, doth not make void the Authority of the Law of God or Nature. For I think I may maintain the clear contrary to what you aslert, viz., that the Obligation not to relist Ki«Mipm<> Powers, doth receive some Validity from the Justice they execute,

- T ~««>j uvu un jim-icc mey execute,

and is weakened, and at last annulled, by their intolerable Violence or Injustice. *

Nor are your Instances of Saul or Pilate, to the Question in hand: I grant Saul was God's Anointed, and could not have been lawfully resisted by David, notwithstanding his murdering of Abimelech, and the rest of the Priests: And Pilate might have his Authority from above, notwithstanding his Abuse of it: Yet doth it not therefore follow, that if either the one or the other had declared themselves sworn Enemies to the whole Nation of theJews; and that instead of governing and protecting them, they had gone about utterly to destroy them, I think they had then ceased to be the Ordinance of God, and their Divine Commission had been at an end. To conclude: As for the Reason you give, why St. Paul might call the Roman Emperors by the Name of Powers, 1 mail not deny it. But whether by the Word eU<riz, the Apostle means Persons or Powers, is much at one ; for if he means the former, he only urges Obedience to them as they are the means of the Happiness and Preservation of the People, as appears by the third and fourth Verses of the Chapter you now quote, where the main Reason St. Paul gives for our Obedience, is, That Rulers are not, a Terror to good Works, but to the evil; and that he, (viz.. the Supreme Power) is a Minister to Ha for our Good: And indeed, it had been a very odd way of enforcing our Obedience, for him to have said the quite contrary, that this Power •was to be obeyed, because he was a Terror to goodWorks, and a Plague to aS good Men, and a Minister to us of all manner of Misehief and Misery. This had been indeed an excellent way of proving the Supreme Powers to be the Ordinance of God.

M. Before I can give you a full Answer to what you have now said, I must beg leave to look back to thebeginning of your fir ft Answer, where you object, that if by the Higher Powers here mentioned, the Persons, and not the Authority of those in Power, are to be understood, then it would follow, that Tyrants and Usurpers are likewise the Powers ordained of God ,• which Objection, I think, may admit of an easy Answer:

First, ** Can there be no wise Reason given why God may advance a bad Man S. C. R. "(or Tyrant) to be a Prince? Is there ma-y, then it is no Reproach ro the Di- 12°"vine Providence. The Natutal End of Humane Societies is the Preservation "of Publick Peace and Order; and this is in some measure attained even under "the Government of Tyrants: But God hath a farther End than this, to bless "and reward a virtuous Nation, or to punish a loose and degenerate Age; and "there cannot be a greater Blessing than a wife and virtuous Prince, nor a greater "Plague than a merciless Tyrant: And therefore the Providence of God is as "much concerned in setting a good or a bad Prince over any People, as in re"warding or punistiing them. Upon this account God calls the King of -: A a AJfyria,

Isai. 10. 5,6." Assyria, the Rod of his Anger, -whom he raised up for the Punishment of an Hypo" "criticalNation.

Ib. p. 121. Secondly, "I have already proved, that by the Powers in this Text, the Apos"tie means the Persons of Soveraign Princes; and therefore, according to his "Doctrine, those Princes who were then in being, that is, theRoman Emperors, fC were advanced by God; the Powers that be, that is, the Princes and Emperors "who now govern the World, are ordained and appointed by God, and that

~ *' thus it is, God himself tells us: / have made the Earth, and given it to -whom it

./sr. 27. 5, • tc jeeme(i meet umo mt. md i fjwe given all these Lands into the hands of Nebu"chadnezzar, King ofBabylon, my Servant.

This was also the Belief of the Primitive Christians under Heathen and persecuting Emperors. Tertullian , who wrote his Apology under Severus, asserts, "that Cœfar was chosen by God, and therefore that the Christians had a pecu"liar Propriety in Cœfar, as being made Emperor by their God." So likewise St. Augustine, De Civitate Dei,speaks to this purpose (as I remember): God u giveth Happiness in the Kingdom of Heaven to the Godly alone: But this "earthly Kingdom both to the Godly and Ungodly, as it pleases him. ,.He "that gave the Government toMarim, gave it also to Cœfar .- He who gave it *' to Augustm, gave it also to Nero: He who gave it to theVefpafians, Father "and Son, most beloved Emperors, gave it also to the most cruel Domitian: And "( not to recount the rest of them ) he who gave it to Confiantine the Christian, "gave it also to the Apostate Julian. These things, without doubt, the only "true God governed as he pleased, by Causes, though hidden, yet not unjust. So likewise almost all the rest of the Fathers do own, that wicked and tyrannical Princes are given as Punishments to the People for their Sins; and. so upon this account are to be endured, and not resisted, since it is God's Will to have it so.

S.c.R.p.u%. But as for Usurpers, I think I can give you a very satisfactory Answer; "for "the most prosperous Rebel is not tht Higher Power, while our Natural Prince, "to whom we oVe Obedience and Subjection, is in being: And therefore, tho' "such Men may get the Power into their hands by God's Permission, yet not by "God's.Ordinance; and he who resisteth them, doth not resist the Ordinance "of God, but the Usurpations of Men. Whereas in.Hereditary Kingdoms, the ** King never dies; but the fame Minute that the Natural Person of a King dies, "the Crown descends upon the next of Blood: And therefore he who rebelleth "against the Father, and murders him, continues a Rebel in the Reign of the "Son, which commences with his Father's Death. "It is otherwise indeed, where none can pretend a greater Right to the Crown 'cc than the Usurper; for there the Possession of Power seems to give a Right:

Ib. p.izy. "Thus many of the Roman Emperors came to the Crown by very ill means, j "but when they were possess'd of it, they were then the Higher Powers: Foe "the Empire did not descend by Inheritance, but sometimes by the Election "of the Senate, sometimes of the Army, and sometimes by Force and Power, "which always draws a Consent (and Submission) after it. And therefore, the "Apostle doth not direct the Christians to enquire by what Title the Emperors "held their Crowns, but commands them to submit to those who had the Power "in their hands: For the Poslession of the Supreme and Soveraign Power is Title "enough, when there is no better Title to oppose against it; for then we must pre"fume that God gives him the Irresistible Authority of a King, to whom hetc gives an Irresistible Power; which is the only means whereby Monarchies and  Empires are transferred from one Nation to another: There are two Examples ** in Scripture which manifestly confirm what I have now said.

The first is in the Kingdom of Israel, after the Ten Tribes had divided from the Tribe of Judab and the Family ofDavid, where God had not entailed the Kingdom upon any certain Family : For after Jeroboam the first King, it is plain by the Story in the Books of Kings and Chronicles, that for some Successions there was nothing but Rebellion, and the Murder of one King by another, so that the Kingdom rarely descended from the Father to the Sonand in the whole Succession of these Kings, it only remained in the House of Jehu for four Generations, and then it returned to its former Uncertainty, as you may fee in the 15 th Chap

Ib. p. 131. ter of the 2d of Kings: All which plainly shews, "that where there is no regu"lar Succession to a Kingdom, there Possession of Power makes a King, who



{179}

"yet cannot afterwards be resisted and opposed without the Guilt of Treason i
"And this was the Cafe of the Roman Empire at the writing of this Epistle ::
** And therefore the Apostle might then very well fay, that the Powers that be are
u ordained of God j and that whoever had the Supreme Power in his hands, was
"the Supreme Power, that might not be resisted.
)' But it was otherwise in the Kingdom of Judah, which God himself had en-

tailed on David's Family, as appears from the Examples/of Joajb and Athaliah,
which we discoursed of at our last Meeting but one: Which Examples plainly ■
dew, that no Usurpations can extinguish the Right and Title of a Natural or
Hereditary Prince: Such Usurpers, though they have the Possession of the Su- •
preme Power, yet they have no Right to it,• and though God for wife Reasons, -
may; sometimes permit such Usurpations, yet whilst his Providence secures the°
Persons of such deposed and banistrd Princes from Violence, he secures their Title

too,--3'"u:-- ■■— l''Jl' ■•. -'-'-j1-'-. ij

But to prove more plainly, that no Resistance is to:be made against the Per^ sons .or Authorities of the Supreme Powers, let them be never so cruel and tyrannical* as it is evident not only from what St. Paul hath here written; but I shall . also crave leave to insist farther on that Text of St. Peter'-before cited;- in his ist Epist.' adChap.Submit yourselves to every Ordinance of Man for the Lord's fake, tvhe- Vtr. 13,1+1 ther it .be to the King, asSupreme; or unto Governors, ai unto them that are sent by him for the Punishment of Evil-doers, and for thePraise of them that do well: Where by Ordinance of Man, whether we understand, as some do, every Humane Law; or with others, morefustly, <*vflpfc*7»") vrku, every Humane Creature, (:as it is in the Original) that is, every Man endued with Supreme Power, it comes all to the fame Sense, and the King as the Supreme Power, and his Ministers or Officers, as Powers subordinate to him, and acting by his Commission, are to be submitted to and obeyed as much as himself: And it had been in vain for St. Peter to have concluded this Exhortation with footGod and honour the King, if he had allow'd it lawful in any case to resist him; since certainly ho Man can honour him, whom he resists: And that this is a Doctrine everlastingly true, appears by the time in-which St. Peter and St. Paul wrote these Epistles, which was either under the Reigns of Claudim or Nero; and I suppose you will hardly meet with two worse Men, or more cruel Tyrants, in all the Catalogue of Emperors: Since the former committed many wicked and cruel things by hisFreed-men and Officers; and also banished the Jews, and Christians together with1 them, from Rome.- And the latter is so notorious for his Cruelty, and Persecution of the Christians, that . his Name passes into a Proverb. And yet these were the Higher Powers, to whom the Apostles commanded them to be subject. From whence you may fee your Error in interpreting the tifirUi, to signify justand lawful Authority; whereas it plainly signifieth in this place, the Men vested with this Authority h6w[otvettyrannically they abuse it.

F. You have made a pretty long Reply; and I have heard it patiently, because, I confess, that on this depends the whole Controversy between us: And therefore I shall beg that you would hear me with the like Patience;because what you have now said, I grant to be of that weight, as to require a large, as well as a considerate Reply. And therefore I shall make bold to consider the last part of your Speech in the first place, because I can soonest dispatch it: As for your Argument, that we ought to be subject to the most tyrannical Governors without any Resistance, because Claudim or Nero, whom you suppose to be cruel Tyrants, then govem'd the Empire, and persecuted the Christians.

In answer to this, I must tell you, that if you please better to consider of it, you will find it very doubtful whether St. Paul wrote this Epistle to the Romans during the Reigns of Claudim or Nero. The Learned MonsieurCapel, in his Discourse which he hath written, on purpose, concerning the Time of the Writing of this Epistle, proves this Epistle to tlx Romans to have been written during the latter End of the Reign of Claudim. But those Learned who will have it written during the Reign of Nero, do all agree, that it was in the beginning of it, within the first five Years, when the Administration of Affairs was under the Ministry of Seneca and Burrhm, and when the Government of the Empire was most just and moderate, and divers Years before ever Nerd burnt the City, or persecuted the Christians, and did so many extravagant, cruel, and tyrannical Actions, as

A a a forced

• *

forced the Senate to declare him the Enemy of Mankind. But as for Claudim, he never persecuted the Christians at all, as I know of.

M. I pray, Sir, give me leave to interrupt you a little: Did not Claudius persecute the Christians, when under the notion of Jews he banished them from Rome, as appears by Alls the eighteenth, when Aquila and Prifiillawere forced to quit Italy and come into Greece, because of that Edict? And yet.it was this very Claudius, to whom St. Peter (if not St. Paul) doth require all Men to be subject without any Resistance. AJ '• .. . _ ?0 ujr. _ t7/ .

. p. I think this Difficulty will easily be answered; fox ia th<j first places tho' I grant that Claudius towards the latter end of his Reign banished the Jews from. Rome; yet did he not banish the Christians from thence, as we know of, *ny; otherwise than as they yrerejews by Nation; and upon this account it was* that; Aquila, being a Jewby Birth, was forced to quit Rome with the ;reij: But r*ei«j ther Suetonius, nor any other Author, tells us, that he likewise banished the Chris-, tians, tho' I know indeed there are some learned Men that would interpret-this Passage in the former Author, in his Life of Claudim: Judm^ipmltuantesi, impul-, fame Cresto Roma expulit; to be meant of the Christians being expelled Rome, a*j instigated by Christ their Prophet to Sedition. But tho' I own that pur Savjopr was sometimes called Chrefius by the Pagans, by way of Contempt, • yet that by this Cbrestushere mentioned, cannot be understood our Saviour Christ, is very evi-> dent; for it had been very improbable forSuetonius to have made Christ, who was dead above thirty Years before, to have excited the yews to Sedition: And therefore the Lord Primate UJber, in the ad Volume of ^.Amalf^.. (with much better Reason) supposes, that not our Saviour, but, some seditious yewc^od Crestus, who headed this Sedition, was the cause of the Banishment of the yews from from Rome: So, that this was no more a Persecution for Religion, than it would have been for the Parliament in King Charles the Second's Reign, duripg the heat of the Popish Plot, to have banished all the Papists out of England upon the account of their former Rebellions, and constant Machinations to overturn the Government, and Religion establish'd by Law: But supposing this Edict to have banished the Christians as well asyews, it had signified nothing; for k was no Persecution for Religion: And besides, being made in the last Year ofClaudius, it was but a temporary Edict ,• and we find the yews to have lived quietly at Rome in the Reign ofNero, as appears by the last Chapter of the Ails.

But as for Claudius's Government, it was so far from being an insupportable Tyranny, that there was no Prince that did take more care to do impartial. Justice, according to that small Capacity he was Master of, than himself. And tho' I yield, that by his Proconsuls, Presidents and Freemen, there were-many. Oppressions and Cruelties committed in the Provinces; yet it was only against some private Men, and did not extend to the destroying and enslaving the whole Body of the People, who during his Reign generally enjoyed their Liberties and Properties^ with as great Freedom, as under any of his Predecessors.

■And as for Nero, all Ecclesiastical Historians agree, that if this Epistle of, St. Paul was written in his Reign, it was within the first five Years of it,-, which was in his Non-age, under the Administration of Seneca andBurrhus; during which time all prophane Historians agree, that the Empire was never better governed; and as for the Wickedness and Violence that Nero committed afterwards, when he persecuted the Christians, murder'd his Mother, his Wife, and most of his best, and most intimate Friends, and set the City on Fire: St. Paul was so far from knowing any thing of them, that sure he would not have urged it to the Romans, as a Reason of their Subjection to him, that Rulers are not a 'Terror to good Works, but to the evil, or that he was a Minister to them, that is, to the SubjeEls for good; nay, even in the worst of his Reign, as far.as Justice was duly administred by himself, or his Under-Officers, I grant, he was not to be resisted, notwithstanding his Personal Crimes, which could only reach a few Persons, since a wicked Man may often make a tolerable Prince.

And though Domitian was in his own Person a cruel Tyrant, yet he was so far commendable, and to be born with by his Subjects, that during his Reign the Proconsuls, Presidents, and other Inferior Magistrates, were never freer from Corruption and Oppression: Whereas when Nerva (who was a mild good-natur'd Prince) succeeded him, by his too great Lenity towards those Inferior

- MagiMagistrates, all things presently degenerated into a most sad Condition, justice being sold and perverted, and the Poor robbed and oppress'd, by the Violence of the Rich and Powerful. And even Nero himself had this Commendation from his greatest Enemy, Suetonius, that he would not be governed by his Officers and Freed-men (as Claudius was) to do foolijh and unjust things. So that if Nero himself had not by burning the City, and by murdering the innocent) Citizens in the Night, made 'himself a publick Enemy; I do not fee but his Government might very well have been born with, notwithstanding his Personal Crimes and Vices: For if you please to remember, I have already excepted Personal Faults in Princes, from being any just cause of resisting their Authority, if they are such as can any way consist with the Common Safety and Welfare of the People. ; :.: .. M. I must, confess I never-yet consider'd this matter, concerning the Time when St. Four and Sti Paul wrote these Epistles j and.you'll pardon me if I do not readily allow what you fay, but I promise you to consider farther of this matter; and examine the Authors ydu have quoted: But however, whether the Christians were then actually persecuted, or not, or whether these Emperors: were then-act**' ally Tyrants, or not, signifies very little to me ;■< for these Holy Apostles might very well foresee,- not only by. Divine Revelation, but by Natural Prudence of Foresight, that the Emperors would prove great Tyrants and Persecutors of the Church; and the late Example of the Emperor Caligula had shewed them not only the Possibility, but also the great Likelihood'that- it might happen again1; And therefore it is no wonder, that these very Apostles do* m Consideration of this, commastid! all Christians to fubmit to, and obey all Supreme Powersy and tWk Subordinate Officers,. upon paint: of Damnation: And if St. Peter, in this Chapter last qnofied, commands Servants to be fubjetl to their Masters, notonly to' the Good and Gentle, but also to the Frowardj ;(that is, to the Cruel and El-condition'd) and gives this Reason for it; For this is thankworthy,. if a Man for Conscience towards God endures Grief, suffering wrongfully:And enforces it with this great Motive", For even hereunto were ye called,, because Christ also suffered for tit,leasing us an Example, shot yeshould follow his Steps: And if Servants^ or Slaves, were to be subject to their Mailers, set them use them, never so cruelly, it will,. I think, hold more strong sot Sovereign Powers, who are the immediate Ordinance of Gad.


J*.v You need not have made your Answer half so lon$, if you had been pleasM to take notice, that I have still; excepted any Resistantejwhich might be then made against, the Roman Emperors, upon the account of Persecution for the meet score of Religion; since I grant, that our Savidur hath, fop those particular Reasons I have already alledged, commanded us to ai patient Sufferings and bearing Test** many to the Troth of his Religion by Martyrdom, ou.any other-Sufferings which he {hall think fit to inflict upon us by lawful Authority, and for the like ends for which they were to suffer. Yet hath he not therefore-taken away all those othet Natural Rights, which whole Nations had of Self-defence against Tyranny and Sla*teryy whensoever they are exercised upon them. Nor doth your Argument from the Duty of Slaves to their Masters, at all concern Subjects, much less whole Natrons: For, I hope, there is a great deal of difference between them and perfect Slaves, who having no power over their own Persons, and so had neither Liberties nor Properties to lose.

But besides, if you please better to consider this Text, you will find, that this ditt wholly concern such Christian Slaves who were for their Religion s fake often* times the more cruelly treated by their Heathen Masters: And therefore those Words you have but now repeated, If a Man for Conscience fake suffers wrongfully, as likewise those in the 20th Verse, If you do well, and suffer for it, can only be meant of Suffering for the Profession of Christ, since no Heathen Emperors, nor Masters, ever persecuted their Subjects, or cruelly treated their Salves, for well doings that is, doing those Duties and Services that they owed them; and therefore^ this place makes nothing at all to the Question in hand.• -•>

- M. But pray tell me, doth not the Apostle Paul expresly command every Soul, that is, every Man whatsoever, (not whole Nations excepted) to be subjeel to the Higher. Powers? And since you grant it to be true as to particular1 Men, why it foould-not likewise hold as to whole Nations, I can see- no reason, unless you will be wiser, than the Apostle, and make Exceptions out of this general Rule, where the Scripture itself-makes none: For can any tiling be more express than this-, that V- they

they that resist stall receive to themselves Damnation; and the Word is in the plural Number, they,and must therefore take in all Men, none excepted: I have urged this already, and finding you have not given me an Answer to it, I make bold to remind you of that Omillion.

F. I beg your pardon, if the multiplicity of your Objections hath made me omit any thing that was material to be answered; but the truth is, I suppose that I had in effect done it already ; but since you will needs have it made plainer to you, I hope you will pardon me, if in the doing of it I am forced to use some Repetition. Therefore in the first place, I shall not deny the Interpretation which our Translators put upon this Word KpiJ*.*, which tho' it sometimes signifies not eternal Damnation, but temporal Judgments; yet I will own it will not well agree with what follows in this place, which are only temporal Reasons and Motives for this Duty. Now understand this Word Kp^a in the Scripture Sense;' and tho' I do it will be much at one; for I have already proved to you, that whether you take these ihstslcu for Powers or Persons, they are not absolutely irresistible, and I have St. Chrysoflome on my side in the Interpretation of this Word, who understands no ■ more by it, than that Civil Power or Authority is from God, bur not the Tyrarits or wicked Men that execute it; but if it be taken for the Person endued with this Authority, I have also shewn you, that when they degenerate into intolerable Tyrants they lose their Character, and may be resisted as well as Mad-men and Fools. So much in respect of the Powers themselves, and now to come to the People: I think I have given very good reasons already, why a whole People or Nation, or the major part thereof, may have a Right to resist the Supreme Powers, and yet that I need not allow particular private Persons the fame Liberty ; and one great Reason is, because they cannot, and the other because they ought not to do it. The first you yourself do acknowledge, since you say, a fri~ patePerson, -when he makes such Res stance, deth it at his own peril, when he hath unly his awn single-self to opposeagainst his Prince. And that Jingle Persons don't use to resist, nor is there any great danger to the Publick if theydo. To which I sliall likewise acid a much better Reason, which I have also given you before, why private Subjects oughe not in a Civil State to made publick Disturbances, to avoid any Violence that may be done to their particular Persons or Estates, because every private Subject otght to prefer the Peace and Happiness of the Commonwealth, whereof he is a Member, before his own private Interest, which being a Dictate of •the Law ot Nar ture or Right of Reason, cannot extend to the whole Nation ot Civil Society? since it is as much against the Law of Nature, for that to be deitroyed, beggar'd and enslaved, as it is that God should ordain all Mankind to be so. And therefore our Saviour and St. Paul never intending to alter any of those great Laws of Nature, it cannot be believed that they would tye Mankind to such strict and severe Rules of Non-resistance and Subjection, as flioula expose them to Beggary, and Slavery, and Ruin, with all the Miseries of this Life: Nor do I find that either out Saviour or his Apostles have either promised eternal Life for such slavish Subjection, or threatned Damnation for such Resistance.

M. To answer what you have now said, I must in the first place trke notice, that tho' I grant St. Chrysoflome,for fear of making Tyrants and wick. Princes to be ordained by God, gives that Interpretation of the Word #6w/» which you have now done ; yet he owns the Doctrine of Non-resistance, bteaule the! Power is from God, as you may here fee in these Quotations out of him, which the learned Primate hath made use of in the second Part of his Treatise of the Power of the Prince, which you may, if you please, read with me, and compare the Greek in PastMi, the Margin: " For it is the pleasure of God, that the Magistrate, whom he hath '; "stamped with, his own Image, mould have also his own Power. And he that

"obeyeth not him, makes War, in a sort, with God who hath appointed these "things. Let us not therefore invert this Order, nor fight with God; demon"stfating by our Deeds that Saying of the Apostle, Whosoever rejtsteth thePower, "refisteth the Ordinance of God." So likewise in another Place, " If we reverence and scar those Magistrates that are elected by the King, altho' they be witued, "altho' they be Thieves, altho' they be Robbers, altho' they be unjust, or "whatever they be; not despising them for their Wickedness, but standing in "awe of them for the Dignity of them that did elect them; much more ought UU. p. m, £ we thus to do in the Case of God." But it is no matter in what sense this, or

any

any other Father takes these Words, so long as the Doctrine of Non-resistarice is secure.

But it seems very strange, that you cannot find that our Saviour and his Apostles have neither promised eternal Life for slavish Subjection, nor threatned' Damnation for Resistance for as sure as the Words are, that they thatresist stall receive to themselves Damnation, so sure it will likewise follow, that they that do the contrary, and are patiently subject, shall receive eternal Life. I beg your Pardon for this Interruption, therefore pray go on with the rest of your Reply: And let me fee how you can avoid Damnation, if the Words of the Apostle are true. 1

F. The Question is still the fame as it was before, notwithstanding what you have now said ; for it is not, whether some Resistance be not unlawful, but whether all Resistance whatsoever be that Resistance forbidden by the Apostle. And to let you see that you do not put such a strict Interpretation upon other places of Scripture, pray tell me the reason why, when our Saviour expresly commands us, 'Not to resist the Evil, (that is, the Evil Doer)but -whosoever stall smite thee on thy Mdu 5. g$r, right Cheek, turn to him the other also. And is any Man -willsue thee at the Law, and 4°> 4'> 42take "away thy Coat, let him have thy Cloak also. And whosoever stall compelthee to go a Mile, go with him twain. Give to him that asketh thee, and from him that would borrow of thee turnnot thou away. [Or yet those more severe Commands] of pulling out the Ver. 28. 29. right Eye, and cutting estthe right Hand, if they offend m; of making ourselves Eunuchs for the Kingdom of Heavens fake; and that he thatcan receive it, let him receive it; What is the reason, I say, why those places of Scripture, which taken literally, are as strict as this you now quote, That they that resist stall receive Damnation; yet that most of the Fathers, as well as the more modern Commentators, put a figurative, and not a literal Sense upon these Texts ? Pray tell me your reason why they do so. (

AL I think the reason is very plain, because to understand them in a literal Sense, were utterly unpracticable, and contradictory to the common Sense and No1 tions of Mankind, and those natural Dictates of Self-preservation, which St. Paul approves of, when he lays, No Man yet hated his own Flest; and it was altogether unsuitable to the Doctrine of Christ, which was intended for the perfection of humane Nature, that is, of Mea's Souls and natural Reason, and for'the Quiet and Happiness, not Hurt and Destruction of their Bodies.

F. I grant your Reasons are very good and self-evident; but pray tell me, is it not as much against the common Sense and Notions of Mankind, that God should give Civil Soveraigns an Arbitrary Irresistable Power to Murder, Destroy and Ruin their People, if they mould think fit so to do, or that Jesus Christ, who, you lay, came into the World for the perfection of our humane Nature, and not for the destruction of our Bodies, should give the Supreme Powers an Authority to do the fame things with Murderers and Thieves; and that it was unlawful for Men to defend themselves against their Violence, if they could. So that lean fee no reason why this Precept against Non-resistance may not be taken in a limited or rational Sense, as well as Swear not at all; which, tho as express as Words can make it, yet Commentators interpret it to extend no farther than against swearing in common Communication. So likewise this Precept, Children obey your Parents' in all things ; which without the reasonable Interpretation of all things lawful, would oblige Children to obey their Parents in whatsoever they commanded them, whether good or bad.

But to come to your Quotations out of St. Chryfostome, which you would oppose against mine; I think they will not serve so much to your purpose as you imagine. For I grant that the Supreme Magistrate derives his Power from God, but not a Power to murder and destroy ; so likewise he that obeyeth him not, wars in a fort with God;and that whosoever refisteth the Power, (that is, when it is executed according to God's Will) resisteth theOrdinance of God: And as for the last Quotation concerning the Reverence that is due to subordinate Magistrates elected by the the King, tho' they are Wicked, Thieves and Robbers, &c. and consequently, much more the King who sends them; this, tho5 the strongest place of the three, yet will not do the Business; for I believe you Cannot suppose that St. Chryfostome there means that subordinate Magistrates, sent by the King, were really Thieves and Robbers, and took away Men's Goods upon the common Road, but



{184}

only that by Bribery and Corruption in their Offices they did rob and peel the
People, as much as if they had really been so; which extending only to some few
Persons, was rather to be born with (as any intolerable Inconveniencies in Civil
Government are) than for the People to take Arms and resist them. But I think
the Cafe would have been much otherwise, had these subordinate Magistrates) by
vertue of the Emperor's Commission, made use of his Forces to murder and rob the
Subjects of those Provinces over which they were set ,• and that it would not have
been any Rebellion in the People, if they should have taken Arms and resisted them,
since the Emperors did not impower such Magistrates to murder or rob, hue to
protect his Subjects. . .

But to give you a Quotation out of St. Chrysoftome, in lieu of yours, I shall shew you his Comment upon these Words in his 23d Homily on the Romans, ? Let "every Soul be subject to the higher Powers, (that is, fays he) that Christ might "shew that he had not instituted his Laws so, that he would overturn all common. "Policy and Government, but that he might reform it to the better, and might "also teach us, that superfluous and unnecessary Wars were not to be undertaken, ■*« "because it was then a common Discourse traducing the Apostles as Seditious and

"and Innovators, and doing all things they could to overthrow the common Cdn-
"stitutions of their Country " and therefore he stops the Mouths of the Jews and
and Heathens with these Words. '• . - «»M

From whence we may infer, that St. Chrysoftome did not believe that Su Paul
wrote this only to give Tyrants a Power to do whatever they pleased againlLtheir
Subjects without any Resistance; nor yet that Subjects should begin unnuceslary
and unlawful Wars, by resisting them upon every flight Occasion: Nor doth this
Father here forbid Subjects to resist in cafes of the highest Tyranny or .Oppression
that could befall them; so that I take the true Sense of these places of Sc Peter
and St. Paul to be no more than this; " Let every Christian submit to the. Su-
"preme Powers, ;'. e. to the Emperor, and all other subordinate Magistrates sent
"and appointed by him. For all tiwi'x or Civil Authority is from God and
"Magistrates justly exercising this Power are from him; and in his stead, all Sa*
"preme Powers, under whatever different Names or Titles they be,'are by God's
"Providence appointed in the World, for its Order, Peace and the well Gover-
"ning of it. He therefore that resisteth such Supreme Powers, whoever he be,
"resisteth the Ordinance of God," that is, the means that God hath ordained
for the restraining the disorderly Lusts and Passions of Men. And they that will
not obey their Laws, as far as the Laws of God or Nature may permit, birtwill
resist, shall receive to themselves Damnation. And thus far even Tyrants and
Usurpers may be obeyed, tho' not as such, but as Dispensers of publick Justice,
and Executors of the Laws, and so are God's Ministers for Good; that is, for
the publick Peace and Safety. But neither the Apostle, nor St. Chrysoftome his
Commentator, any where fay, that either the Power, however exercised, or the
Persons that thus abuse it to the Destruction of Mankind, are likewise from
God.

M. But pray consider the Medium a little more closely, by which the Apostle
proves and enforces this Doctrine of Subjection or Non-resistance. For, fays he,
S. C. R. p. I'/iere is no Power but of God, the Powers that be are ordained of God. Whosoever therefore
. 1l6>ll7- rejifteth the Power, resisteth the Ordinance os God. The plain meaning of which is this,
That Soveraign Princes, whether good or bad, Tyrants or good Governors, be-
ing advanced to the Throne by God, are his Ministers and Vicegerents, invested
with his Authority and Power to govern ; and therefore when we resist our Prince,
we resist the Ordinance, Constitution and Appointment of God; and such Men
do not resist, rebel or fight against Man, but God ; as he who resisteth any sub-
ordinate Magistrate, resisteth his Prince, from whom they receive their Authori-
ty and Commission. And this is a very forcible Argument for Subjection to
Princes; for whatever our Prince be, it is certain that God hath an absolute and
uncontroulable Right over us, as being the true Lord and Governor of the World;
and it earthly Princes are placed in the Throne by him, who is at liberty to put
the Government cf the World into what Hands he pleases, who wifl dare to oppose
God ? or ask him, why hast thou done so ? Whoever hath any sense ofGod'sDominion
and Sovereignty, dares not rebel againstjiim, and he who believes that Princes are
made by God, will no more dare to rebel against his Prince, than against God
. . himself

himself; since (as I said before) evil Princes may be sent by God for a Punishment to a wicked People, as well as good ones for a Blessing to a pious Nation.

F. If you had pleased to have considered what I have already said, you might have spared this Objection; for it is no more than what hath been already answered ; for tho' I grant that Soveraign Princes are advanc'd to the Throne by God, and are by him invested with Power and Authority to govern; and that when we resist our Prince, we resist the Ordinance of God ,• yet I desire to be judged only by your own Words in this matter; the Prince receives from God Authority to govern; but is the murdering, ruining and enslaving the People, any part of Civil Government? And when we resist our Prince, we resist the Ordinance of God j but is the resisting of an implacable Tyrant, and an Enemy of Mankind, resisting the Ordinance of God, or fighting against him? And I desire you only to consider the force of your own Comparison ,• for (you fay) hi who resisteth any subordinate Magistrates, resists the Prince from whom they receive their Authority and Commission; yet it is only in such things, which the Prince hath given them Authority or a Commission to do: As for Example, a Bayliff may arrest me for Debt by vertue of the King's Writ; yet if he goeth about to rob or kill me, I may lawfully resist him; and if I kill him, it is no Murder. The fame may be said of all other subordinate Ministers, how great soever they are; there to carry on your Parallel, the same that subordinate Magistrates are in relation to Princes, the fame are Princes in respect os God: Therefore if theynevef received any Commission or Authority from God to destroy and enslave their People they so far cease to be the Powers ordained by God; and, sure, may then be resisted by their oppress'd People.

"As for the rest of your Speech, as far as Earthly Princes are plac'd in the Throne by God, and govern there like his Vicegerents, I own they are not to be opposed j but since you will have them to be submitted to, because they may be or* dained by God for a Punishment for a wicked People; I thank you for putting me in mind to answer what you have before said upon that Subject. I do not deny, but God may often, for the Punishment (as you fay) of a sinful Nation, give them a wicked or tyrannical Prince; and likewise that such a Prince, when thus imposed by God, is to be born without Resistance, as far as is possible, or may consist with their being a People, and with those Enjoyments of Lise, which are necessary to their being Subjects and Free-men, and not Slaves: And tho' I grant that God doth likewise sometimes punish a wicked Nation by appointing Conquerors, such as the King of Assyria, to carry them away Captive, and to reduce them to the lowest Condition of Poverty and Slavery, as in this Cafe of the Jews by the King of Babylon, who was then the Rod of God's Anger, and whom he raised up for the punishment of an Idolatrous and Hypocritical Nation. Yet when he doth so, excluding all farther Resistance in the People, it can only be known by divine Revelation, and cannot extend to all Conquerors whatever, whether by Right ot Wrong. And therefore, as God doth often in his Anger deliver the People up td the Power of some cruel Conqueror or Tyrant; so likewise will he, in hiV good Time, and upon their Repentance, deliver them from it again. Now this Deliverance must be perform'd either by Miracles or humane Means; but Miracles are ceased, and therefore since only humane Means remain, these must be either, Firsts By changing the Hearts of such tyrannical Princes into a better and more merciful Temper towards their Subjects, as Solomon fays,The Kings Heart is in the Hand fw* *u 14 of the Lord, as the Rivers of Water he turneth it -whithersoever he wiS.Or else Secondly, By taking away such a tyrannical Prince out of the World, and putting another in his stead, who may govern the People more mercifully, and who will not any more destroy or oppress them, as his Predecessors did. Or Thirdly, By stirring up some Neighbour Prince to revenge the Injuries and Oppressions done unto such a persecuted and almost ruined People ; and to restore them to the enjoyment of their former Liberties, Religion and Estates. Or Lastly, By stirring up the People themselves to rise and resist those Oppressions they lie under, by their own single Forces, or by imploring the Assistance of some powerful neighbouring Prince or State. Now I suppose you will not deny, but that the First and Second of these Means very rarely happen; and as for the Third, we seldom find that when a former Prince is taken out of the way, his Successor grows so sensible of

B b the

the Tyranny and Mis-government of his Predecessors, as to let go any of that Ar bitrary Power which he hath usurped, or to remit any of those intolerable Taxes and Oppressions which he hath laid upon them ,• but are commonly like Reholoam1 when they come to the Crown, so far from making their People's Yoke more easy, that they rather lay it more heavy upon their Necks; as we may fee in th^ Kingdom of France, in these three last Descents, wher^ every Prince hath been still more severe and tyrannical than his Predecessor for finding himself invested iij this absolute and despotick Power, without any unjust Act of his own, he will exercise it as he found it, and will think himself not at all obliged in Conscience to restore any of those Rights his Predecessors had formerly usurp'd upon the People; since we find, Princes seldom lose any thing they have once got: And this may continue to all Generations, for ought we k^ow, (which is much too long for a Punishment) unless some extraordinary Accident fell out, as we now see by the Example of the Greek Christians, who having lain divers Ages under the Mahometan Yoak, are now restored to the Liberty of their Religion, by the Arms of the GermanEmperor and Venetians; and are so far from being blamed for joining . themselves to their Deliverers, that they are rather commended by all Christen* dom for so doing. And I see no reason why good French-menx as well Protestants as others, may not as justly join themselves to the Prince of Orange, 05 ajiy other foreign Prince, who will be so generous as to undertake, their Deliverance from that cruel Yoak they lie under, and will restore; them -to *heir antient Libertties, and the Protestants to the free Exercise os their Religion: Nor can I see a#y reason why God should deliver a People into Servitude whether a tyrannic^ Prince hath sufficient Power to oppress them; and why God may not be as weU said to deliver them, as often as the People find fit means and opportunity so to set themselves free. For doth such a Tyrant derive his Authority from God to oppress only because lie hath Power? And may not the People likewise from the same Original, derive a Right to defend themselves against such an intolerable Oppression? Otherwise, God would chiefly regard and provide for this destructive tyrannical Power of Princes, as the chief end of all Civil Society, andjap^ke the Good and Happiness of the People a thing subordinate to that, or oatjbef only by the by, which is contrary to Reason. Tis true, the Prophet Amos faith, 'thatthere is no Evil in a City -which God hath mt sent: So likewise are all natural Evils, such as Famine, Pestilence, Inundations and Foreign Enemies; and yet have not the People in these Cases a Power to rid themselves of them, if they •flan, by all natural humane Means? and yet they may be likewise Punishments] jsent from God. And if they may resist and decline such common and natural Judgments, without staying for an express Revelation for that purpose; why may they not for the same Reason rid themselves of such a Judgment as intolerable Tyranny, when they are able, and have an Opportunity to do it ? since they proceed from the like common Dispensations of God's Providence. Or else we must believe that the Wickedness of one, or more Persons, for the Destruction of Civil Society, is more particularly derived from God, than the Power of the whole People for their own Preservation, and the common Good and Happiness of the Commonwealth: By which means Princes would have the fame Power and Right over their Subjects Bodies and Estates, as they have over those of their Beasts^ to sell, kill and devour them at their Pleasure.

M. Tho51 grant it may be lawful for People to remove natural Judgments by humane Means; yet doth it not follow, that they may therefore remove by Force, such Punishments as God pleases to lay upon them from the Abuse of Civil Authority by the Supreme Powers, since he hath particularly enjoined them to bear such Punishments patiently without any Resistance, because they are inflicted by those whom God hath ordained for our temporal Governors and Masters, and whose Violences and Oppressions, as long as they continue in their Sins, God hath very good reason to continue upon them; and is they repent, they may be assured that in his good time, he will either remove them, or turn them to the best; for all things (even Afflictions) work for the good ofthem that fear him. And God will not suffer those that trust in him to be afflitled beyond what they are able tobear: And if this Doctrine of yours might take place, both Servants and Children, in the State of Nature,-might, upon the like Pretence,both resist and turn their Father and Master out of Doors, because (forsooth) their Government was so severe and tyrannical, that it was not any longer to be endured by them; and tho' such severe Fathers or Masters may be ordained by God for the Punistjment of such wicked Children and Servants; yet that being no more than other natural Judgments, they may be without any Sin removed by Force or Resistance, whenever they thought themselves strong enough to do it : And if this Doctrine be wicked and absurd in private Families, then is it much more so in Kingdoms; for certainly there is a more perfect Subjection due to a Soveraign Prince, than to a Father or Master; for he is more eminently the Minister of God, and acts by a more sacred and inviolable Authority. And notwithstanding what you have said to the contrary, that the Precept given to Servants by St. Peter doth not concern Subjects, I think I can very well prove that it doth ; as appears from the Example of Christ, which the Apdstle there recommended to our imitation, who was the most innocent Person in the World, and yet suffered the most barbarous Usage, not from the Hands of a private Master, but of the Supreme Powers. And therefore, when he commands, in the fame Chapter, to submit to Governors, at to thosetxho are for the ftmijhment of evil Doers, and the praise of them that do -well; it is evident that he did not intend this as a Limitation of our Subjection, or as if we were not bound to be subject in other Cases, since in the very fame Chapter he requires SubjeBion not only to the good and gentle Masters, but also to ^hefroviard, in imitation of the Example of our Lord, who suffered patiently under unjust and tyrannical Powers. 1 observe therefore, that the Apostle doth not alledge this as the reason of our Subjection; but as a Motive or Argument to reconcile us to the Practice of it. The reason of our Submission to Princes is, that they are advanced by God, that they are his Ministers, that those who resist them resist the Ordinance of God; and. therefore we must submit for God's fake, out of reverence to his Authority. But it is only an encouragement to Subjection, to consider the great Advantages of Government, "That Rulers are not a 7error to good Works, but- to the evil. But tho' this Motive should fail in some Instances, yet whilst the reason of rhe Subjection lasts (and rhat can never fail while we own the Soveraign Authority of God) so long it is our Dury to be subject, whether our Prince do his Duty or not.

R. Altho* what you have now replied is no more, in effect, than a Repetition of what hath been laid before; yet I forgive it, since your Cause will not admit no other; nor can I see any reason why natural Judgments may be removed by Force or natural Means, but not Moral or Civil ones; unless you could also prove, that it is God's express Command, that we may remove the one, but not the other; nor have you proved it otherwise than by telling me, that Princes are God's Ordinance, and are endued with irresistible Power, all which hath been already considered, and I have already shewn you it is neither commanded by God, nor yet ordained by him for the common Good of Mankind. And tho' I own that Afflictions may sometimes serve for a Punishment of a sinful Nation; yet it is as likely that such a great and lasting Punishment, as a merciless Tyrant, may as well bring the People to Repentance, and when they are sufficiently amended, they may very well enjoy the Benefits of it; and they may as well expect that God will bless all lawful Means for that End, whereof I take Resistance or Self-defence to bo the Principal, since Miracles are ceased. And of this we have an Example in the second of Kings,chap. i8- For tho' Ahax., the Father of Hezœkiah, had submitted himself, and become Tributary to the King ofAssyria; yet when Hezekiah his Son turned to the Lord, it is said, that he was with him, and that he rebelled against the King of Assyria, and served him not; and yet he was then as much subject to him, as Jehoiachin orZedekiah were afterwards to Nebuchadnexjuir. So that all that is new, in this Answer of yours, is only the fatal Consequences that it would bring upon all Families in the State of Nature; for then (forsooth) Children and Servants might likewise pretend, that the Government of their Fathers and Masters were so insupportable, that it was no longer to be endured, and so might rebel against them and depose them, which doth by no means follow; for I have already proved at our first Conver/ation, that some fort of Resistance, for the preservation of Life and Limb, may be lawful against the Outrages or Violence of a Father or Master of a Family; yet do I by no means allow that they should resist them, for any other Correction or severe Usage which they shall inflict upon them; since Servants or Slaves, whilst they continue under their Masters Power, can have no Liberty or Property of their own to defend ; and a Son, whilst he

B b 2 remains

remains part of his Father's Family, I grant, differs not from a Servant ; so that all that ought to be done, either by Sons or Servants, in cafe the Government of their Father or Master grows so cruel and tyrannical as not to be endured, is to run away and leave the Family : And thus we read,, that Hagar, upon the severe Usage of Sarahher Mistress, fled from her, nor was blamed by the Angel for so doing.

Nor is what you have now said, to prove the Subjection of Servants and Slaves to be as absolute the one as the other,.at all convincing; for I have long since proved that a Family and a Kingdom are very different things; and that Oeconomical and Civil Power do not only differ in Spiece, but in Genere too. For tho' I grant, that Slavery might begin by Compact, as well as by War; yet Subjection 'to Civil Power could regularly commence by Compact only: And therefore since the natural State of Mankind is that of Freedom from Slavery, all Subjects are supposed to be in that State of Freedom, and to have a Right both to their Liberties and Properties; which, if the Supreme Powers go about forcibly to take away, they then cease to be so, since they take away the main end of their Institution, I mean, this of such a People, who are properly Subjects, and not Slaves: For of those who own themselves to be Slaves to their Prince, I told you already, I would not take upon me to meddle; since I doubt whether such an Empire can be called a Civil Government or not: So riiat for all that you have hitherto said, I mult still believe St. Peter did not direct this Precept to Subjects, but to Servants under the Yoke, that is, to Slaves, such as had no Property in any thing, nor Power over their own Persons, but might be sold and assign'd, with their Wives and Children, to whomsoever their Master pleased ; which tho'not of divine Institution, yet since it was so ordained by the Civil Laws of the Empire, neither Jesus Christ nor yet his Apostles would make any Alteration in it; nor hath he thought fit to do so in any of those things which we enjoy as our Civil or Natural Rights, by the Law of Nature, or the Municipial Laws of our Country; and therefore it is not true that there is as perfect a Subjection due to a Soveraign Prince as to a Master, unless the People of that Nation have made themselves absolute Slaves to him, instead of Subjects, which could never be but by their own Consent. It is true, a Prince is more eminently the Minister of God, and acts by a more sacred and inviolable Authority than a Master; yet doth it not therefore follow that he acts as God's Minister, or by his sacred or inviolable Authority, when he destroys or enslaves the Subjects : Nor can you fay that God hath given him any Authority so to do. And as for the Example of Christ's Suffering, which you urge as a Reason of our absolute Subjection to Princes, without any Resistance, I have answered that already, and therefore need say no more to it; but do own, that in that great Point of suffering for Religion, when we are lawfully called thereunto, we are to follow his Example;yet doth it not prove that we are to suffer in all other Cases whatsoever, concerning which he hath given us no express Precept or Command.

M. I have something more to say to you about this Matter of sufserin gfor Religion, but I shall defer it at present, and shall only now consider the evil Consequences of your Arguments for Resistance of the Supreme Powers in any

B. P. P. (• 8. Cafe whatsoever; the Sum of which, if I can well remember, is to this Effect: ShaU a Prince be free from all Correction till God Almighty is pleased to chastise him? Must I sit still, and suffer my Throat to be cut, my Estate ruined; and not dare in any Case to defend myself, till God is pleased to interpose; and that in an Age in which Miracles are ceased? God is for the most part pleased to respite the Punishment of Oppressors till the next World; and if I be ruined in this, what comfort is it to me or mine, that the Injury shall be punished,

Ibid {. 9. when I shall reap no advantage by it? Now suppose the Subjects of such a Prince should succeed in their Rebellion, and prevail against him, they must then submit to another Prince, of whom they have no more assurance they shall be better treated; and if they set up many, they are all Men, and subject to be corrupted by Power and Greatness; and in an'Anarchy every Man will become a Tyrant to his Neighbours. So that this Doctrine of curbing and resisting Princes, is calculated for the ruin of Mankjnd; and tends to no body's good but theirs, who design thereby to gain a Power of doing to others what they pretend to fear. And when all is done, the Punislimcnt of Princes, who abuse their



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Power, must be left to God Almighty, who only can and will punish his own Ministers.

Now suppose all this were just as it is stated, if the Injuries a Man suffer are insupportable, under any Government he may petition for relief, and in all probability find it; if not, he may fly into another Country for succour; if he cannot do that neither, he will scarce be able to resist: So that if it were never so justifiable, it could be of no use to any such miserable Man; for no Prince, though never so ill natured, will attempt any such thing against any such num* ber of Men, as are in a Capacity of revenging the Wrong done them when they will, only out of hopes they will not, because they ought not. Nor will the Histories of all Ages piit together afford one Instance of a Monarch, that ever injured any Man at this rate, whom he believed able (if willing) to revenge the Wrong, but that he took care as far as he could to prevent it; and either to take him out of the way, or to put him out of a possibility of a Retaliation. So that all such discontented fretful Rhetorick is of no use in any such Case.

But then, on: the contrary, if every Ambitious and Factious Man might be left at liberty to insinuate into the Rabble, and the great and little Vulgar, that Princes are to be punished when they do amiss; that they are bound to Act according to Laws, and to their Oaths; and if they do otherwise, are presently to be treated as Tyrants, and the common Enemies of Mankind; that it is lawful for a Man to defend himself against the Injustice and Oppression of his Prince, &c. This can only serve to fill the World with Rebellions, Wars and Confusions, in which more thousands of Men and Estates must of necessity be * ruined, and Wives ravished. and murdered, in the space of a few Days,' than can be destroyed by the worst Tyrant that ever trod upon the Earth, amongst his own Subjects, Jn the space of many Years, or of his whole Life.

F. I perceieve you think this place of Scripture will not carry you through; and therefore you would fain confute my Arguments by ridiculing them. But in answer to the Expedients you have now proposed, I think I may make this return. First, as for Petitioning when a Government grows insupportable; sup^ pose then, the Prince declares he will not be petitioned in this Matter; but as the French King lately did, when the Protestants would have petitioned him against the Violation of the Edict of Nants, will not hear or receive them; or suppose he lays any Man by the Heels, that shall offer never so humbly to petition him, either in his own, or the Peoples behalf, as King James lately served the Bishops; then this Expedient can signify nothing. As for the next, flying into another Country for Succour, that is a very sorry Comfort, that a Man must be forced to go and beg his Bread in a strange Land; and whatever this may be a Duty for private or single Persons, yet it cannot extend to a whole Nation; since if all the People should-go away, the Commonwealth or Civil Society would be dissolved; and farther perhaps, as now in France, and in all Tyrannical Governments, it is commonly practised, the Prince should forbid his Subjects to go out of his Kingdom upon Pain of Death, or being sent to the Gallies; then I think this Expedient would signify nothing neither; But now, if nothing else will do, you fay Resistance can be of no use for such miserable People, because a Prince will not dare to attempt any such thing against such a number of Men as are in a capacity of revenging the Wrongs done them, where they will only out of hopes, that they will not, because they ought not to do it. I grant indeed, that never any Tyrant, when he went about thus to oppress his People, designed they should be in a capacity to revenge the Wrong he did them when they would : And therefore such Tyrants take very great care by Guards and Standing Armies to prevent it. But yet I can shew you a Prince, who very lately received such Encouragement by the Writing and Preaching of our High Clergy, that he seem'd resolved to bring in Popery and Arbitrary Government upon us chiefly out of hopes that the People* would not,because (as he thought) they ought not to resist: And tho' I also grant, that fewMonarchs injure particular Men so much, but that, if they believe them able t8 revenge the Wrong, they will take care as far as they can to prevent it; yet this signifies nothing, if once a whole Nation comes to be oppress'd, and disgusted against the Government: For if such a Prince or Commonwealth have not the Assistance of some other Power, either his own Standing Army or his Neighbours, his Authority would soon be at an end. Thus we read of the Massacre and Expulsion of the French out of Sicily; it was done in the twinkling of an eye, and before those in Power had the least Suspicion of it. ^9b likewise in the late Revolt of the Portuguese from the King of Spain, his Government was at an end in little more than a Day's time; and that Nation will tell tell you, that they look upon the Benefit of being, governed by a Prince of their own, and enjoying their own Laws, as very well worth that Expence of Blood and Treasure they were at to obtain it. To conclude, I do not speak this to encourage the Rabble, or great and little Vulgar (as you call them) to take Arms, and punifli Princes when they do amiss: Nor have I at all asserted, that Princes may be punished by their Subjects, unless you can prove to me, that every one who resists the Violence of another is his Lord and Master. Neither do I maintain, that tho' Princes are bound to act according to Laws, and to their Oaths, yet if they do otherwise they are presently to be treated as Tyrants, and the comx mon Enemies of Mankind; or that it is lawful for every private Man to defend himself against the Injustice and Oppression of his Prince. I grant, such Doctrine would serve to fill the World with Rebellions, Wars, and Confusions, and may produce all those dreadful Consequences you have here set forth.

But on the other side, under such a Tyranny as where the whole People, or the major Part of them, shall happen to be assaulted, enflaved, and oppressed to that degree, that no Man can tell when he is safe; I say, in such cases a Tyrant may destroy more thousands of Men, ravisli more Women, and ruin more Families and Estates, than it is likely to be done by the highest Resistance the People can- make . against him: Since they are mad if ever they make this Resistance, unless they are also morally sure, either by their own Strength or the Assistance of their Neighbours, of succeeding in the Attempt. -I v..

Nor do the Consequences of such Resistance but rarely fall out ih the manner you suppose : For it seldom happens but that the new Prince, to whom the People submit themselves, will (being warned by the Example of his Predecessor) take, care to govern with greater Mercy and Moderation ; and it is much more unlikely, that if they chuse or set up many Representatives out of their own Body, that they will be presently corrupted by Power and Greatness thus.to oppress the People ; and lastly, it is much less probable, that the People can continue1 long in an Anarchy, without any Government at all. So that, to conclude, this Doctrine of resisting of Princes, or other Supreme Powers, in Cafes of extremity, is so far from tending to the Ruin of Mankind, that I cannot see how they can be safe without it: And tho' the Punishment of Princes, who abuse their Power, may be left to God Almighty, yet I am confident the resisting of those, who tho' they have the Power of the Sword in their hand, yet act as none of God's Ministers, is neither contrary to the Laws of God nor Nature.

As. I perceive you want Testimonies out of Scripture to justify your Doctrine of Resistance, and therefore you are, when pressed by these, forced to fly to your did Refuge of Self-defence by the Law of Nature, in which tho' I have been forced to follow you, and quit the Method I proposed to my self; yet I would have you to know, it is not for want of more Texts of Scripture, and therefore I must still farther inforce the true Sense of that Place of the first of St. Peter: Submit your Chap. 2. 13, selves to every Ordinance of Man for the Lord's fake, -whether itbe to the King as Supreme, or unto Governors, at to them that are sent by him, for the Punijhment of Evil-doers,and S. C. R. ch. for the praise of them that do vxH. "For this is the very fame Doctrine which So 5. p. 141. "paultaught the Romans, Let every Soul be subjeEl to the Higher Powers. For the Ibid. p. 142. n fame Word is used in the Original, \>iorayv{r& and uxoraatriebu; and therefore "to submit and to be subject is the fame thing, which, as St. Paul tells us, signi"fies Non-resifiance: Only as St. Paul speaks of not resisting the Higher Powers, "that is, Emperors and Sovereign Princes, he therein includes all those who act by "their Authority; and St. Peter, to prevent all Cavils and Exceptions, distinctly "mentions both, that we must submit to all Humane Power and Authority, not ** only to the King as Supreme, that is, in St. Paul's Phrase, to the Higher Pow"ers, to all Sovereign Princes, who are invested with the Supreme Authority, '* but also to those who are sent by him, who receive their Authority and Com"mission from the Sovereign Prince.

F You may spare your Pains for making so many Explanations on this Text * for I have already granted, that all due Submission is to be given, not only to the Supreme Powers, but also to all those who are put in Authority under him

them, them, and that not only for Wrath, but Conscience sake; yet is this place to be understood in the fame Sense as the former, that is, as far as they make use of this Power for the great Ends of Government, (viz..) the Good and Preservation of the People, and not for their Ruin and Destruction, by taking away their Lives, Liberties and Properties at their pleasure. So that this Precept is to be understood, according to the Reason which both St; Peterand St. Paul give for this Submission, because Rulers are not a Terror to good Works, but to the evil; and becausesuch Governors are for the punishment of Evil-doers, and for tlx praise of tlieht that do well: And even a Government, where a Heathen Prince hath such Supreme Power, may, and doth most commonly, in respect to most of its Subjects,' give more Countenance and Encouragement to good Works than bad ones; and therefore Obedience to such a sort of Governors is not only lawful, but a Duty j nay, though through Ignorance and Malice they might persecute the true&eligion. For I have already proved, that at the time of Writing of these Episiks there was no actual Persecution begun by the Roman Emperors against the Christians; and though they did afterwards persecute them, yet even such as did so, being commonly Men of good Morals, and having much of Good-ncsej Justice and Prudence in 'their Natures (such as was Trajan, and the two Attontmtt's), they would not.fail extremely to encourage the Practice of such, •and other Virtues :by their Examples, and by good Laws preserve their Subjects (torn the Mischiefs of Immorality, and keep them in Order, Peace and Sobriety. But is it so when-Tyrants-(be they Usurpers or not) not only govern contrary to, but also subvert all the Ends of Government? 'f

vjd. If tbis.be> the Sense you put upon this place, J think t shall easily shew you not only the Absurdity, but Pemicjoufcess of this Interpretation,1 which indeed doth undermine all that Obedience and Subjection1 that is due from Subjects to their Sovereigns, unless they rule well, that is, -according to their Humours ©r Fancies. Now, I pray, "consider whether these great Apostles intended **.eo oblige the Christians of that Age to yield Obedience to those Powers, <f which then governed the World. If they did "{aVl think no Man will be g, Q "ib hardy as to fay, that they did not) then it wilt be proper to inquire whe- i *' ther what they here affirm, and assign as the Reason ot their Subjection, That ** Enters are not a Terror to good Works, but to the evil, were true of'the thenRoman ,c Emperors and Governors, or not. If it Were true; then I believe, it will hold "true of all Kings in all Ages of the World; for ther* cannot well be greater "Tyrants than the Roman Emperors were at this Time: And ib this will prove "an eternal Reason why we should be subject to ^Princes, notwithstanding the "many Faults and Miscarriages of their'Government. And if it were not true, *' it is very strange, that two such great Apostles should use such an Argument "to perswade Christians to iubmit to the Powers as only proved the quite "contrary; that they ought not to be subject to the present Powers, because t( they were unjust and tyrannical; and which indeed, in Contradiction to the

* Original Design and Institution of Civil Power, Were a Terror to good Works, !* and not to the evil." ?

'The Christians were at this time actually persecuted by the Jews in Palestine, and if they were not then also persecuted i>y the Emperors, yet it was that which they might daily expect, considering the'ir.extraordinary Wickedness and Cruelty: And yet the Apostle exhorts them not to resist such Powers; because they were not, (that is, should not be) a Terror to good Works, but to the evil. * If by this "be only means that they stiould be subject to them, while they encouraged tbvL *' Virtue and virtuous Men, but might rebel against them when they did the "contrary; how could the Christians of those Days think themselves obliged f* by this to submit to the higher Powers? • "For this was not their Case, they suffered for Righteousness fake; the Suu preme Powers were a Terror to them, though they were innocent; though

* they could not charge them either with breaking the Laws of God or Men: .** And therefore, upon your Principles they were not bound to submit to them "whenever they could sind it safe to resist. So that either youput a false Com"ment, upon the Text, or while the Apostle undertakes to deter them from '* Resistance, he urges such an Argument as was proper only to persuade them V to rebel."' • - w ■■

F. Had

J. Had you been pleased to have minded more attentively what I said last, you would not have thus misrepresented my Sense : For I have already proved, that there was no Persecution in the Roman Empire against the Christians when those Epistles were written, nor for many Years after; And I have also granted, that if the Emperors had so persecuted them, they ought not to have resisted. And therefore, by good Works, and Evil-doers, &c. in both those Texts of St. Peter and St. Paul, is not be understood, only believing in Christ, or behaving themselves as became innocent Christians, but in general that at that time when the Apostles wrote these Epistles under Claudius, and the beginning of Nero, (and indeed through his whole Reign where he governed by his Deputies) the Supreme Power was then really a Terror to evil Works, that is, to all Offences against good Manners, and the publick Peace of the Commonwealth, and were also a Punishment for Evil-doers; that is, those that did transgress against the publick Laws ordained for the restraining Men from committing any sort of publick Wickedness or Immorality. So that I own that neither the Heathens, nor the Christians, had then any Reason to take Arms or relist the Supreme Power at this time.

But admit there had been at that time great Miscarriages and Abuses committed under their Government, and that good Men had been oftentimes punished, and evil ones rewarded, and the ends of Government to some degree perverted j especially at Rome, where the Emperors took a Liberty of doing many unjust and tyrannical Actions: Yet I have no where (that I know of) affirmed, that Princes ought to be relisted only for being evil, or wicked; or that all the evil Actions and Mis-government of Princes, or their subordinate Ministers, ought to be relisted, much less punisli'd, by the People: But I have all along S.CJt.p.1 j 3. asserted the contrary; for I own, "that no humane Government can be so exact "and perfect, but it may be guilty of Miscarriages." Good Men may-suffer, and bad Men may flourish under a virtuous Prince, much more under those that are themselves wicked and unjust. And then are many Degrees of evil Government and Tyranny, some of which may consist well enough with the common Safety of the People, which was the Condition of most of the Subjects of the Roman Empire under the Reigns of Claudius and Nero; fince they did then enjoy the Protection of the Commonwealth, and all the Civil Rights of Subjects- And therefore you very much mistake me in supposing that I maintain we are only bound to be subject to those Supreme Powers, who rule Well, or who punisli Wickedness, and reward Virtue; fince I grant this was scarce ever performed exactly, even under the most regular Governments: Yet there is a great deal of difference between bearing with the common Infirmities of all Governments, and such intolerable Violences that dissolve the.Government itself, as by making War upon the People, and invading their Civil Liberty and Property. As for Example : No Man doubts, but the King may pardon a Robber, or a Murderer; but if, instead of hanging, he should pardon all Thieves and Murderers that Hould rob or murder in a Year or two together, and should likewise list them in his Guards to kill and rob whom they pleased, provided he had a storeof the Booty; I would very fain know of you, or any other reasonable Man, whether the People were bound to bear it; and whether they might not resist them, though they had the Kings Commission for so doing?

To conclude: When the Apostle here fays, that Rulers are not a Terror to good Works, but to the evil j and thatthey are for the punishment of Evil-doers, and for the praise of them that do well; the Apostle only means in general, the great Advantages of Civil Governmenr for the Suppression of Wickedness, and Encouragement of Virtue, which is the true End, and the best Improvement of humane Power. But this also is in great measure obtain'd under evil, and (to some degree) tyrannical Princes; rand therefore this Argument for Subjection is good, even under a Tyrant. Publick Justice was administred under the Government of Nero, and good Men were then often rewarded, and bad Men punished. And though Justice be not so equally, and so universally administred under an evil Prince, as under a good one; or, though such a Tyrant may oppress many «f his Subjects, and be the occasion of divers Calamities, yet whilst the main Ends of Civil Government are maintained, it lays a sufficient Restraint upon the unruly Lusts and Passions of Men, and give? great Security to the Just and

Innocent. Innocent. And therefore, good Men are concerned to promote'the Peace and Security of Civil Government, though the Prince be in some degree a Tyrant; for there is more Security to be had under such a Tyrant, than in a Civil War, or Anarchy.

In ordinary Cases it is very possible for private good Men to live easily and tolerably under a very bad Prince ;and though it should be their Lot to suffer, yet since the Peace and Quiet of humane Societies is in itself so great a Blessing, and the publick Good may be better consulted by the Preservation of Government, than by Resistance; it becomes every good Man rather to suffer patiently under such a Tyrant, than to shake and unsettle Civil Government, and disturb the natural Course of Justice by Sedition and Tumults, for the private Interest of himself, or a few other Men. ,

Yet all this is to oe understood of such Degrees of Tyranny, or evil Government, as may consist with the main Ends of a Civil Society, or Commonwealth; and as far as the publick Good of the People may be better consulted and preserved by the Preservation, than Resistance of it. And as I grant it to be every Man's Duty patiently to suffer many Injuries and Abuses, rather than to make any publick Disturbance ,• so on the other side, when the main Ends of Civil Government, viz,, the common Preservation of the Peoples Liberties and Properties, are actually, or about to be destroyed, I think every honest Man, that his careful of his own, and his Posterity's well-being and Happiness, may, nay, ought (if no other Remedy can be had) to make Resistance, not for the Destruction, but Preservation of Civil Government, which I look upon as good as dissolved, before such Resistance can be lawful.

M. I must confess your Doctrine, as you have explained it, is not so bad as? I supposed at the first hearing; but if People may never resist 'till things come to such a State, as that, by a general Invasion of Mens Lives, Liberties and Properties, the Civil Government be in a manner destroyed (as you suppose), the People may stay long enough before eves they shall be in a Condition to make this Resistance. For in all the small Observations that I have made out History, I never could find the People generally reduced to so fad a Case as this you have put: Most of the Rebellions, and Alterations of Government that I have read of, having begun from a few tyrannical Actions committed upon the Persons or Estates of some great and powerful Men, who being beloved by the People, were able to stir them up to revenge their particular Injuries. Thus one single Act of Lust in the youngerTarquin s ravishing Lucretia, gave occasion to BrutHiy and her Husband Colatine, to take Arms against the King his Father, and by expelling him and his Family to set up a Commonwealth. And therefore, since this Case of such an extreme intolerable Tyranny, as you mention, can never, or at least very rarely happen, I think I may still maintain what I first affirmed, that it is much better to put this Mschief to the venture, and suffer all the Inconveniencies that may happen from it, than by allowing the People to be th«ir own Judges, when the Government proves insupportable, to give them a Right of judging and resisting whenever they shall pretend that it is so; which they may make use of not to secure their own Liberties and Estates, but to gratify their own Humours, or else the Ambition or Revenge of great and factious Men.

* So that unless there is some Power that is irresistable, from whence there lies S. c. R. p. '* no Appeal, it is impossible for any Goverment to subsist. And though it

"is not necessary that this Power sliould be always in the Hands of one Man, * tgtt ". yet if God hath placed it in the Hands of a Prince, there it must be irresist*' able-too, however he uses it. For if once it be made lawful to resist the Su-' "premc Power where ever it is placed, you dissolve humane Societies, or at least *' expose them to perpetual Disorders and Convulsions. Factious and ambi"-rious Men will still find Pretences to resist good Princes as well as bad, and no" Government can be any longer secure than whilst ill-designing Men want

• Power to resist.1

* Now then to pass a true Judgment on this whole Matter, we must not only ** consider what present Inconveniencies we may suffer from the irresistable Power "of the worst Tyrant, but also what an irreparable Mischief it is for ever to "unsettle the Foundations of Government. We must consider whether Civil "Government be the greater Blessing to Mankind, or a Tyrant the greater



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"Curse; whether it be more desireable to endure the Insolence and' Injustice of "the greatest Tyrant,, when the Power falls into such a Hand ; or for ever to be "deprived of the Security of Government, and the Blessings of Peace and Or"der. And therefore, there is great Reason why God should so severely for"bid the Resistance of all Princes, though the cruellest Tyrants you can ima"gine; and why we should quietly and contentedly submit to this Divine Ap"pointment, because the Resistance of the Supreme Powers ( were it once al"lowed by God) would weaken the Authority of all humane Governments, "and expose them to the Rage and Frenzy of ambitious and discontented "States Men, or wild Enthusiasts. And this, I think, is a sufficient Answer to "this Pretence, that the Apostle limits our Subjection to Princes to the regular "Exercise of their Authority.a

F. I see we are even come where we set out, to the Necessity of an irresistable Power, and the Mischief that must follow, if the People ever judge for themselves; which indeed is but the fame Argument in Politicks which the Church of Rome makes use of for the Necessity of an infallible Judge in Spirituals j because otherwise, if the People judge for themselves in Matters of Re^ ligion, there would nothing follow but Anarchy and Confusion in the Church; and that there would be as many Religions as there are Men. And so you likewise urge, that if the People may ever once come to judge when they are assaulted, enslaved or oppressed, and should have a Right of making Resistance, nothing but Anarchy and Confusion must follow in the Commonwealth. Andtruly I think the Argument is as good for the one as the other: And as I hope we may be always good Orthodox Christians without such an infallible Judge in matters of Fakh, so I think we may be loyal Subjects to our Prince without investing him with an irresistable Power of doing with us what ever he hathj a mind to.

But since you have only repeated what you have said at our last Meeting, when we first began to debate this Question, so I mist beg your pardon, if I refresh your Memory, and again repeat my Answers. In the first place, I deny that it must follow, that if once it be made lawful to resist the Supreme Power where ever placed, this must dissolve Civil Societies, or expose them to perpetual Disorder; because (forsooth)-.some factious and ambitious Men will find Pretences to resist good Princes as well as bad. For first I have all along supper' fed the Commonwealth Civil Society as good as ditfolved, before such Resistance; is lawful : And therefore, the Convulsions or Disorders of a Civil War can scarce be worse than such a State; and until die. People are under this Condition, I grant factious and ambitious Men may make Pretences to resist good Princes, as well as bad, and may find some Followers as wicked as themselves to take their part. Yet this Infection seldom or never seizeth upon a whole Nation, who hath always Power and Affection enough for the Supreme Powers to join with them to suppress such Rebels. I grant, we ought always to consider whether Civil Government be the greater Blessing to Mankind, or a Tyrant the greater Curse; and I do never suppose such Resistance to be lawful, but when the Power sells into such Hands, that tho' they may call themselves a Civil Government) yec the People are almost as totally deprived of all that Secutity, and those Blessings of Peace and Order, which they may justly expect from it, as if they were, in a State of War. And therefore, as you suppose that God Almighty forbid* the Resistance of the most cruel Tyrants, because this Resistance, were it once allowed, by giving the People a Power of judging, would weaken the Authority of humane Governments, and expose them to the Rage and Frenzy of ambitious and discontented States Men, or wild Enthusiasts : And this you think a sufficient Answer. . L -.: ■'

So on the other side ,• if this Resistance be in no case lawful, though in ne» ver so great Extremities, and that the People must not judge when they^are1 so cruelly used, as that it is no longer to be endured, not only the Persons of Princes must be sacred and irresistable, but also all those Instruments of Tyranny whom they may hire and employ to that purpose; by which means all Government whatsoever will not only be absolute, but arbitrary, and without any sufficient Obligations to either Mercy, Justice and die Common Good, than what the tyrannical Will or Humour of one or more Men shall please to allow. So

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that the Lives, Liberties and Estates of a free People or Nation shall be in as bad a Condition as if they were Slaves, if all means of defending themselves by their own Resistance, or joining with those that would assist them, be wholly denied them. And whether God can ever be the Author of such an Institution, I appeal to your own Reason to judge, when you are in a more sedate and equal Temper. , .

M- I fee 'tis in vain to argue this Matter any longer with you; and therefore I must tell you, that I cannot but look upon these Doctrines of Pajfive Obedience and Non~reJtflance, as true Christian Doctrines; since the ancient Fathers of the Church and Primitive Christians did always both believe,and practise them; and in Imitation of whom our own Church of England, (which, I think, of any in the World come nearest to the Primitive) doth likewise maintain it in her Thirty Nine Articles, Canons and Homilies -,. whereas you can shew me no express Text of Scripture, jior Testimonies of the Fathers, nor Examples of the Primitive Christians to justify this Resistance; which whenever you can do, I shall be of your Opinion: And if you doubt the Truth of what I fay, I have here by me the Lord Primate Ushers Book of the Power of the Prince, and Obedience of the Subject; which you may, if you please, take home with you, and consult at leisure; in which I doubt not but you will meet with full Satisfaction in this matter.

F. I have already proved at our last Meeting, that Resistance for Self-defence against those who have the Power of the Sword, is a Right of Nature conferred by God on all Mankind : And unless you can shew me an express place of Scripture, which takes it quite away, I think I may very well maintain, that it is still left entire to us, and is not abrogated by the Law of the Gospel; and that it was lawful before our Saviour's Coming into the World, I have proved by those defensive Arms made use of by David, and the Maccabees. And as for the Testimonies of the Fathers, and the Practice of the Primitive Christians, of which the Reverend Primate hath made so ample a Collection in that Treatise you now shew me; I thank you for your kind Offer of it, but I do not now need it: Fot since I began to consider this Controversy with yo.u, I have carefully read over that Treatise, and I cannot find that this vast Collection out of Prophane as well as Ecclesiastical Writers, will prove any more, than those Principles, which I own to be true, and yet will not impugne this I here defend.

In the first part of this Discourse it is proved by Scripture, as well as other Testimonies, that the Authority of all Sovereign Powers is from God, which I also allow; yet doth it not hinder but that the Consent and Submission of the People is a necessary Means or Condition of conveying this Authority, when God doth not please to make or nominate Kings himself, idly, That the Persons as well as Power of Sovereign, though wicked Princes, is also sacred and irresistable ; yet this is to be understood whilst they continue to act towards their whole People as the Ordinance of God, and by vertue of that Divine Commission which they have received from him.

In the second Part of this Discourse it is proved from Scripture, Testimonies of the Fathers and other Authors, that particular Subjects are bound to obey the Supreme Powers in all lawful and indifferent things, or else to submit and suffer the Punishment in case of their unlawful Laws or Commands. As also to bear with any Violence and Injury that may be offered to them, rather than to disturb the publick Peace and Civil Government of the Commonwealth, which I also allow.

idly. That in the Time of the Primitive Church, and before the Christian Religion was settled by Law, and become part of the Civil Constitution of whole Kingdoms and States, it was unlawful to resist the Supreme Powers in case of Persecution, though to Death it self, for the Testimony of Christian Religion; which I have also allowed through this, whole Conversation. Yet none of these Quotations, as I can fee, do reach the matter in Controversy between us, and assert it expresly to be absolutely unlawful for the whole People of any Kingdom or Nation to make use of defensive Arms, and resist the intolerable Violence and Tyranny of the Supreme Powers, if they shall happen to make War upon their People, and go about to take away and subvert the main Ends of all Government,viz.. the Preservation of Mens Lives, Liberties and


Civil Properties. Neither do they any where assert, that in limited or mixt Governments, such as most of those now in Europe, where the People, by the Fundamental Constitutions of the Government, or the after Concessions of Princes, restraining their own absolute Power, enjoy divers Privileges and Liberties, unknown to those who live under absolute Monarchies: That such a People may not, upon the manifest Invasion of such legal Right by force, resist and defend themselves and their just Rights, against the violent Invasion of the Prince.

M. I cannot deny but you have fairly enough represented the Chief Heads, or Principles, which the Reverend Primate undertakes to prove in this excellent Treatise: And I think you have yourself granted enough to confute all yon have already said. For in the first place, if it be unlawful for every particular private Subject to resist the Supreme Powers, it will likewise follow, that it will be also unlawful for a whole Nation : For a whole Nation is only a System or Collection of particular Persons, and Universals have no real Being in Nature; but only in our Ideas: So that if it be unlawful for every particular Person to resist and defend himself in case he is injur'd and oppress'd, it must be also unlawful for a whole People, which consists of Individuals, to make such Resistanceand it is a Rule in Logick, that nothing can be affirmed of Individuals, -which may not also be affirmed of the wholeSpecies.

So likewise if you grant, That the Primitive Christians ought not to have resisted the Supreme Powers in cafe of Persecution for Religion, I think it will likewise as well prove, that they ought not to resist upon any account -whatsoever, since certainly there cannot be greater Wrongs or Violences committed in the World by Supreme Powers, than to allow them an .Irresistable Power of putting those to Death that bear witness to the Truth of the Gospel, since a whole Nation may be as well thereby destroyed if they prove firm to the Christian Religion, and that the Prince continue obstinately cruel. And you might as well argue, that patient Suffering without Resistance ought not to be exercised in this cafe; because it is destructive to Mankind, and the Quiet of a Civil Society, as to argue from the fame Reason, that a whole Nation is not obliged to suffer without any Resistance; when their Lives, Liberties and Properties, are invaded by the Supreme Powers. So that if the Primitive Christians might not resist the Roman Emperors, when they made so great a part of the People, and were so vast a Multitude in theRoman Empire in the time of TertuUian, as that he tells the Emperor Severns, in his Apology for the Christians, to this effect; " That had they a mind to pro"sess open Hostility, and to practise secret Revenge, could they want Numbers "of Men, or Force of Arms? Are the Moors, the Marcomans, or the Parthians "themselves, or any one particular Nation whatsoever, more in number than • " they, who are spread over the whole World? They are indeed not of your "way, and yet they have silled all the Places you have; your Cities, Islands, "Castles, Towns, Assemblies; your very Tents, Tribes and Wards, yea the Pal'* lace, Senate, and Judgment-Seat.

Nor need I to mention at large the famous Story of the Thebaan Legion, who all of them suffer'd Death rather than they would either Sacrifice to Idols, or resist the Emperor's Forces, tho* they were between Six or seven thousand Men, and might have sold their Lives dear enough : And if an Emperor may murder so many thoufends without any Resistance, I fee no reason why he may not put a whole Nation of Christians to Death by the fame reason.

Nor will one of your Reasons which you bring for it, signify any thing, that the Christians were to suffer without Resistance, because Paganism was then the Religion establifli'd by the Law of the Empire; for if a MunicipalLaw, as this was, ought to be over-ruled by the Natural Law of Self-defence, when they happen to clash, then the Christians who lived under the Heathen Emperors, might lawfully have taken up Arms against the Government, because they were deprived of their Lives and Fortunes against all Equity and Humanity: For to persecute Men so remarkably regular and peaceable, both in their Principles and Practices, is as manifest a Violation of the Law of Nature, as is possible. And if it was lawful for them to resist, then they seem bound in Conscience to do it whenever they had a Probability of prevailing: For without doubt it's a great Fault for a Man to throw away hisLife, impoverish his Family, and encourage Tyranny, when he hath a fair remedy at hand.' v

F. If you had a little better remembred what I have already said on this Subject, you might haue spared these Objections; for as to the first of them, it is rather a Logical Fallacy, than a true Answer: For in the first place, I have all along asserted, that no Man ought to give up his Right of Self-defence, but in order to a greater Good,(viz,, the Publick Peace, and Preservation of the Commonwealth.) And therefore Dr. Fern, and others of your Opinion, do acknowledge, that David might have made use of defensive Arms to defend himself against those Cut-throats that Saul sent to take away his Life, though he might not have resisted Saul's own Person ,• and you yourself have already granted, that no Man can want' Authority to defend his Life against him that hath noAuthority to take it away. So that if this Law of Self-defence is sometimes suspended, it is only in Submission to a higher Law of preserving the publick Peace os the Commonwealth, or Civil Society, which being once broken and gone by a general Violence upon all Mens Lives, Liberties and Properties of that Nation or Kingdom, that Obligation of maintaining the publick Peace being taken away, every Man's Natural Right of not only defending himself, but his innocent Neighbour, again takes place. And therefore your Logical Maxim, that nothing can be affirmed of Individuals, which may not be affirmed of the whole Species, signifieth nothing in this matter; for every Individual had before potentially a Right of Self-defence, tho' they were under an Obligation not to reduce it into Act, till the Bonds of that Civil Society were dissolved; and then it is true, they do not then resist to maintain that Civil Government which is already gone, but to get out of a State of Nature, and set up a new one as soon as they can.

But as to your second Objection, whioh I confess hath more weight in it than the former,. I shall make this Answer; That you yourself have given a sufficient Reason why a whole Nation, or Church, that professes the Christian Religion, cannot- be destroyed by all the Malice and Persecution that can fall upon it by persecuting Monarchs; for you tell us, that it is the special Privilege of the Christian Church, above the rest of Mankind, that they are God's peculiar Care and Charge; and that he doth not permit any Suffering, or Persecutions, to befal them, but what he himself orders and appoints: And that it is a great Happiness to have our Condition immediately allotted by God. So that it seems it cannot be in the Power of the cruellest Tyrant utterly to destroy Christianity, in any Country where it is truly taught, by all the Persecution that he can use. This was the State ofChristian Religion whilst it was in its Infancy ,• and in which we may observe more particular Declarations , of God's Providence by Miracles, and the Divine Inspirations of his Holy Spirit, than after it was grown up, and that all the World became Christians. In its Infancy, *tis plain that Princes could could not destroy it, because it was supported by Miracles, and supernatural Means; but in the other State, when Christianity was once grown up, settled and able to shift for itself, by being made the Religion of the Empire, and the greatest part of Mankind embracing it in those and other Countries, Princes then could not destroy it if they would, because their Subjects had then a Right to it, and a Property in it, as much as they had to any thing else they enjoy'd, and consequently might be preserved by the same Humane Means. Thus during the State of the Jewish Church in the Wilderness, and for some time in the Land of Canaan, we find the Children of Israel fed, and deliver'd from their Enemies, by Miracles- But after they had been long settled in it, and had renounced the immediate Government of God, they were then left to preserve themselves by the fame natural Means with other Nations.

And though I grant that such Persecutions, whenever they fall out, are very prejudicial to the Peace and Happiness of those Nations that labour under them; yet this is no sufficient Reason against Patient-suffering for Religion without Resistance: For since our Saviour is the Author of our Salvation, and hath ordained that it sliall be propagated not by Force or Resistance, but by Sufferings; and that he hath promised us an eternal Weight ofGlory for our submitting our Wills and Natural Affections to his Divine Commands; it is not for us to dispute the Reason of it, since that he who pleased to bestow upon us so great a Benefit without our Desert, might propose it to us upon what Conditions he pleas'd, though never so hard to be performed. Yet is this to be so understand, as that this Suffering for the Testimony of Christ, may serve for that great End for which he ordained dained it,(viz..) the Propagation of his own true Religion, by our bearing Testimony to it, in our couragious and patient Suffering, which in a Kingdom or Nation where Christianity, or any true Profession of it, is become the general and National Religion, cannot now be supposed to be necessary- And this may serve also for an Answer to your last Reply: For though I own, that the Municipal Laws of Commonwealths cannot abrogate any of our Natural Rights, but only in order to some greater Good or Benefit tending thereunto; yet certainly the Reveal'd Law of God may, and doth in some cafe abridge us of divers of those Rights, which Men by the Law of Nature might have made use os

But as for your Quotation out of TertuSian, tho' I have good reason to question the very Matter of Fact, since I can hardly believe, that how numerous soever the Christians might be, or whatever Mischief they might have done privately by setting the City on fire in the Night-time, which he also mentions a little before, as one of the Ways by which they might have revenged themselves: Yet do I not think, that they were then either for Strength or Number sufficient to have made any considerable Resistance, if they would, against the Prætorian Bands, and other standing Legions, which were then, if not all, yet for the greatest part Heathens: The most part of the Christians of those Times consisting chiefly of the meaner and mechanical Sort of People, altogether undifciplin'd and unarm'd; and so perhaps these Christians were under no other Obligations to Non-resistance, than what the particular Providence of God had brought them to, as these French Protestants, who remain still in France, are now under, that is, Obligations of Fear, and not of meer Conscience.

And as for your Example of the T"hebxan Legion, though it is true they might have sold their Lives dear before they had been killed; yet would this Resistance have ferv'd them to little purpose against the rest of the Army, which might consist of 30 or 40000 Men, all Heathen, and headed by the Emperor himself. But what if after all this stir about this Story, it should not be true f for Eusebini and Socrates, who lived nearer the time in which this Action is supposed to be done, make no mention at all of it, though they had very good occasion to do it. The first Writer that ever made any mention of this Story, was Eucberim Archbishop of Lyons, who did not write this Act of the Martyrs 'till above 150 Years after the thing was done; and he is also followed by one Ado in hisMartyrohgy, who lived likewise some time aster him, when writing of Legends began to grow in fashion. But granting all the Matter of Fact to be as you relate it, it proves no more than what I have already granted, that the Christians were at that time obliged to lay down their Lives for the Testimony of Christ, rather than to make any Resistance; but that this Precept is of a constant and eternal Obligation, when the Ends for which it was ordained, are no longer of any use, and when our Religion is establish'd by such Laws as the King himself cannot abrogate or dispense with, I utterly deny: And certainly, if you were not very much blinded with the Prejudice of these Notions of Pajsive Obedience and Non-refisiance, you would not leave all the People of England at the Mercy of a Popish King, to be dragooned out of their Lives, Liberties and Estates, as the Protestants have been in Franceand Savoy, whenever the King shall please to put them to that severe Trial.

M. You have given me a very long, and I wish I could say a satisfactory Answer; and I see, provided it would serve your turn, you do not value how much you villisy the-Sufferings of the Primitive Christians, by making them not of Ability to make any considerable Resistance, if they would. Though TertuSian exprefly affirms the contrary; and so you likewise take upon you to follow the Example of a late Doctor, and to question the Truth of the Story of the "thebaan Legion; which though it might not be committed to writing before Eucberim publish'd it, yet might he very well have received a faithful Account of this matter either by Tradition, or by some private Memorials that might be kept of it in that Church; since they suffered this Martyrdom not far from OElodurum, a Place now call'd Martinach in Vallais, a part of Switzerland, and not far from Lyons; so that he might very well have a sufficient Information of such a remarkable Action as this was.



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Nor doth what you say savour less of a Latitudinavian Principle, whilst you maintain, that a patient Submiffion to the Supreme Powers is not of constant and eternal Obligation in all Circumstances, which is contrary to the Opinion of the Primitive Fathers, and also of the Church of England. But if St. Paul's Doctrine be true, that we are mt to do the least Evil that Good may come; and if our Saviour hath enjoined us, not to resist the Supreme Powers upon any account whatsoever, and also to lay down our Lives for the Testimony of the Truth, we ought certainly to observe his Commands, let the Consequence be what it will, though it were to the total Destruction of a whole Church, or Nation; Since God, if he pleases, may "by the just Course of his Providence lay such severe Judgments upon us; whc^ean also infinitely reward us for our patient Suffering of them in the Life to eome.

R I think I may, without any Crime, question the Truth of TermBiatts Account of the Power the Christians had to make any considerable Resistance in his time ,• for sure he may be out in such a nice Matter of Fact, since he could be guilty of such gross Errors in point of Doctrine: For before he turned Montanifi, he was like ourQuakers, and thought all Resistance, of what kind soever, unlawful; and therefore he tells us, in his Apologetick,Idem summ Impevatoribm, qui & vkinu nostris; and a little after, Quodcunque enim non licet in Imperatorem, idnec in quenquam; and he likewise condemned all Flight in time of Persecution, as you may fee in the Treatise he writ upon that Subject.

And as for the bare Practice of Primitive Christians, they are not of any general binding Example to us, unless the Principle they go upon be true; since \ doubt not but many of them suffered Death out of a pure Desire of Martyrdom, of which Sulpitim Severm tells us, they were more covetous, than Men were in his time of Bifhopricks; insomuch that it was a common thing even for Women and Boys to offer themselves to voluntary Martyrdom, that the Council of - ■ wa» forced to make a Decree on purpose to forbid it.

And as for the Truth of the Story of the ThefoanLegion, it not being recorded by any Writer of the Age-in which it is said to have been done, I think a Man may very well question its Reality without any Suspicion of Heresy: And when I can see those Arguments answered by you, or any Body else, which the learned Doctor you mention hath brought against it, I will give more Credit to it than new I do. But you may call me a Person ofLatitudinarian Principles as much as you please in this matter; until you are able to prove to me by better Arguments than you have done hitherto, that the Doctrine of Non-resistance in case of Persecution for Religion, is of constant and eternal Obligation, unless it be in the fame Case in which the Primitive Christians were obliged to suffer, rather than resist i and till this be done, I fear not falling under St. Paul's Censure of doing Evil that Goodmay come of it .• And unless God had in downright Terms commanded it, I will never believe but that I may have a very good Right, in such a Government; as ours, to defend my Life against any one that would take it away upon the bare {core of Religion; nor can I think it a Doctrine suitable to the Justice and Goodness of God, to ordain a whole Nation to fall as a Sacrifice to the Cruelty or Superstition of any one, or more Men.

But since you are pleased to urge me with Examples of Primitive Christians, who,chose to die rather than resist or rebel against their Prince, pray give me leave likewise to tell you a few Stories, wherein these Primitive Christians have not fhew'd themselves so stanch in this matter as you would make them.

opposition therefore to your 'Thebaan Legion, I may set those Legions that composed the Army in Gaul, and which saluted Julian (afterwards the Apostate) Emperor, contrary to their Oaths of Allegiance to the EmperorConstantim; renouncing which, they took an Oath to the former, whilst the latter was yet alive; and had certainly fought against him, and resisted him with a witness, had he not chanced to have died by the way, before they could meet to decide the Quarrel.

As. Pray give me leave, Sir, to interruptyou a little, though I cannot deny the' Matter of Fact to be as you fay, and likewise that this Army was for the most part Christian; yet they were, I suppose, drawn in partly out of Hatred to Constatnim, because he was an Arian, and partly out of Compassion to Julian, who was at that time upon very ill Terms with Constantim his Kinsman, the whole y,. Ammiin.

Army Mrctllin-Ut, Army suffering many Hardships for his fake, for whom they had a great Love and Esteem. But certainly their Loyalty to Julian is very commendable; for though immediately after the Death of Constantim,he openly declared himself to be a Heathen; yet notwithstanding that, and his Persecution of the Christians during his whole Reign, we cannot find that either the Soldiers, or any other Christian, ever resisted or rebelled against him; but that they look'd upon it as unlawful to resist him, may appear by several Authorities out of the Fathers of that time.

F. Since you cannot deny the Matter of Fact, you strive to extenuate it by their Hatred to Constantim for his Apostacy from the Catholick Faith; an<i the severe and rigid Treatment of Constantim: But if their Hatred to him, because he was an Arian, could make them join with Julian to rebel against him, pray tell me why they might not have rebelled also against Julian, after he had declared himself an Apostate from the Christian Faith? Could they have had such another Leader as Julian himself? But he reigned too small a time, and was too constantly at the head of his Army, to give them any opportunity to serve him as he had served his Predecessor.

And indeed this Army of Julians was but too obedient to him, since we find that though they had been Christians before, yet at the time of Julian's Death they were then in Profession Heathens; for you will find in all the Ecclesiastical Historians, that when after the Death of Julian, they chose Jovian Emperor, he at first refused it, saying, that he being a Christian, would not command Heathens; whereupon they contested themselves to be all Christians; but certainly this had been a very impertinent Objection, had they been publickly known so at that time.

And though I grant, Julian countenanced the doing of a great many violent things towards the Christians; yet it is certain that he never made any Sanguinary Laws against them, but rather forbid them to be put to Death, or to suffer any Hardship on the account of their Religion; though I confess the Heathens, because they thought it would be acceptable to him, put many Christians to Death by Force and Violence: So that however he might be pleased with it, and connive at it, yet did he never enact it by any publick Law, or Edict; or if he had, do I allow the Christians a Liberty to have taken Arms, and resisted him upon the account of Religion? For though I own, the Christian Religion had been establish'd by Law by Constantim the Great, yet was it not so throughly settled as to forbid the free and open Profession of the Pagan Superstition; the Heathens being admitted to all Offices and Commands, as well as the Christians, and might freely perform all the Rites of their Superstition, publick Sacrifices to their false Gods only excepted: So that if Conflantine by his Edict could without any Rebellion, shut up the Heathen Temples, and give the Christians the publick Liberty of professing their Religion, why should notJulian have the like Prerogative, since his Power was alike supreme and absolute, to recall those Edicts, and to make quite contrary ones, if he had so pleas'd?

And though I also own, that the Christians did not actually rife in Arms against Julian; yet that there were many of them would have done so, is very likely, since they openly pray'd for his Destruction, and gave him very undutiful, fawey, nay reproachful Language, upon the account of his Apostacy, whenever he came in their way. And thus some of those who are called Fathers, were of an Opinion, that an Apostate, though an Emperor, might be put to Death. Pray read, what I have lately transcribed out of the Writings of Lucifer Calaritanus, (whom SeeBihlkth. St. Jerom calls a Man of a -wonderful Constancy, and of a Mind prepared for MartyrVet. Patr. dom)who writing to the Emperor Constantim, fays thus to him: "Pray shew "Tom. IV. Co- « kut one 0£ the Worshippers of God, that ever spared the Adversaries of his ''''''' w Religion: And then he reads him his own Doom out ofDeut. 13. 1. If there

te rife among you a Prophet, or a Dreamer of Dreams, faying, let us go after other Gods tc ( for the Orthodox always charged the Arians with Idolatry ) that Prophet, or "Dreamer of Dreams, Jhall be put to Death. You see what you are commanded *c to suffer-" [And again,] "Hear what God hath ordained by Moses, is to be done "with you, for perswading me to revolt from God, Deut. 13. 6. If thy Brother, u the Son of thy Mother, or thySon, &c. intice thee secretly, saying, Let us go, and serve "other Gods, thou shalt surely kill him. &c Here it is commanded, that my Brother

"shall <c shall be put to Death for inviting me to forsake God." [And in pursuaJiee os' this Doctrine, he tells him a little further to this purpose ; J " That if he had "..been in the hands of Mattathias or Phineas, and should have gone to live after "the manner of the Heathens, without doubt they would have kill'd him with the "Sword, which he repeats twice for fear lie should forget it. /?And this Treatise being sent for by the Great Athanasius, and being by him perused, he was so far from condemning any thing in it, that, as you may see in his Letter to this Lucifer,(which is in the fame Volume from whence I transcribed this) he highly praiscth him for writing it, and calls his Book, the DoElrine of the true Faith, besides many other Commendations, too long here to be repeated. And as for Julian himself, Soz,omen the Ecclesiastical Historian, writing of the manner of . his Death, fays, that it was believed by many that he was killed by some Christian




Soldier of his Army, whom he applauds for so doing.

,' M. I cannot deny but the. Carriage of some Christians of those Times, even of
those who are called antient Writers or Fathers, might be too undutiful, and may
be attributed to the morose, monastick Temper of the Father you have quoted,
though a great deal of this sort of Carriage may be attributed to that Christian
Zeal which the Jews called the Spirits of Fortitude, and the Greeks call tafrfacix, which
we render Boldness or Confidence, and which did often transport them to say those
indecent things to persecuting Kings, or theirGovernors, which had been insuperable
in any Man else on another occasion ,• a»d this was not only in Words, but Actions
too. Thus when the Emperorsbfumerianus, or Decius, (for my Author doth not know i
which it was) would have entred into the Cathedral Church of Antioch in time of \
Divine Service, Babylcu the Bishop, standing in the Church-porch, shut the Door
against him, telling him, that he would not suffer him, who was a Wolf, to enter
into the Sheepfold of Christ. And we also read, that Valentinian (who was after-
wards Emperor) being then an Officer under Julian, and waiting upon him to the
Door of a Heathen Temple, gave the Priest a Box on the Ear, because he offcr'd to
sprinkle him, being a Christian, with his prophane Holy Water: Yet I confess, Theo-
dora commends the Action; and says^ they after chose that Valentinian Emperor, him
■who had before struck the Priest: And therefore, I wonder to what purpose you quote
such Passages out of antient Writers, and the Actions of Primitive Christians, which,
if you are a Man of that Loyalty or good Breeding, as I hope you are, you will not
yourself approve of.

.ijr. I do not tell you I quote them for our Imitation; but only to let you see, I
that the Actions of those you call Primitive Christians and Fathers, are not by
your own Confession to be the only Pattern for us to follow; so that indeed their
Practices can signify nothing to us, unless the Principles they acted by were suita-
ble to the Laws of God and right Reason; unless you will have no Precedents
to be good, but what shall suit with your Humour, and those Principles you have
already imbibed: And if Babylcu the Martyr might; without any Sin, shut the
Emperor out of the Church by force, and that Valentinian was commended for
striking the Emperor's Priest on the Face, I think here are by your own Confes-
sion two sufficient Primitive Examples of Resistance, both of the Emperor's Per-
son,, as also of those commisfion'd by him, as certainly this Priest was, or else he
could have had no Right to Jiaye exercised his Idolatrous Worship, after the Tem-
ples had been shut up under •Conflaiftine and Constantim.' ■: ^-

But I now desire your Patience tp let you see, that not long aster these Times,
the Christians, as well Soldiers as others, were not so through paced in these
Doctrines of Passive Obedience and Non-resistance, as you would make them;
for it was by the Power of the. Christian Legions in Britain, that Maxhnm took
the Boldness to rebel against the Emperor Gratian, and making himself Emperor,
marched into.Gap), against him; where the poor Prince being also deserted by his
Christian Army, and forced to flyaway with a few Followers, was not long after
murder'd by Andragatkius; after which, this.Maximus had so good Success, that he
posscse'd himself not only of Britain, but Spain, Gaul, and part of Germany; and
was also acknowledged for Emperor by all the Subjects in those Provinces, as well
Clergy as Laity, though the Emperor Valentinian, the Son of Gratian, was then
alive. And all the Bishops making their Applications to him, defir'd him to
call a Council in Gaul, to suppress the Heresy of Prifcillian, which he did in com-
pliance with their Requests; wherein they condemn'd that Heretick, and his Fol-

D d lowers,

I

I

lowers, of Heresy; who afterwards (at the instance of Ithacius, and some other , 'Bishops) were by this usurping Emperor condemn'd, with divers others, to suffer Death; being the first that ever sufser'd that Punishment for Heresy. This Maximus, after five Years Reign, was overcome, and khTd in Battel by the Emperor T'heodofius,who restored that part of the Empire to Valentinian II. ']'

And farther, to let you fee that the common People of these Primitive Times, though they were not able to make Emperors so well as the Army, yet they were not so strait-lac'd as not to resist the Emperor's Orders, whenever they thought they entrenched upon their Religion, or that they went about to persecute them for it: I can give you a great many Examples out of Ecclesiastical History, of which

lib. i. ch. 30.1 will only here set down some few: The first is out of Socrates, Eccl. Hist, when the EmperorConfiantius, at the Instigation of Macedonius the Arian Bishop, 1 had perswaded him to send some Bands or Soldiers into Paphlagonia, to terrify the People, and make them turn Asians. The Inhabitants of Maminium,enflamed with a Zeal for the Orthodox Religion, marched against the Soldiers, with a good Courage; and ha\'ing provided themselves with the best Arms they could, they gave them Battel; in which sew or none of the Emperor's Soldiers escaped. And though I confess, (the Historians fay) these People were most of themNovations; yet this Action ought not to be condemned only for that Cause, since they were rather look'd upon as Schisinaticks than Hereticks, and were in all things else, except that one point, about reconciling the lapsed, very Orthodox; but in all other things were more strict and scrupulous, than the Catholicks themselves. / So likewise, when the Orthodox at Constantinople had chosen Paul for their

Hid. cap. 10. Bifliop, but the Emperor resolving to make Macedonius Bishop in spite of their teeth, and had sentPhilip, the President, to fix Macedonius in that See; as he was about to give him Possession of the Church, though they were guarded all along with Soldiers, yet when they came near the Door,the People made that Resistance, that they could not get in till several thousands of them were kill'd. ✓ 10*/' I

And some Years after, when the Emperor 'Theodofius II. had banifli'd St. Qhrjifif fiom, A. D. 404. the People flock'd together about the Palace, so that the Emperor, to pacify them, was forced to recall him from his Banishment. ■ \ <. Vr

Hijf. Iris ar- And when St. Ambrose was banilh'd byValentinian, at the Instigation of his Mo*

tit. L. 10. thzxjustina, the People did resist all such as came to carry him away: And such lRufini was tJieir ^ea* ^or 1Truth, and Love to their injur'd Bishop., that they chofe

lfiuc.it, rather to lose their Lives, than suffer their Pastor to be taken away by the Soldiers, that were sent to drag him out of the Church. I could give you more In.* stances of this kind, from these Primitive Times; but these may be sufficient vo shew you, of how little account the Doctrine of Non-resistance was in those Times, after Christianity was once settled, and that the People supposed they had the Law on their side. Neither do I produce them as fit to be imitatwl in all like Cases, but only to let you see, that the Example of those Times you call Primitive, are no sufficient Argument of what was lawful, or unlawful to be done. i; .

M. Since you yourself do allow all, or however, most of these Actions, to be unlawful, I think you might very well have spared the mentioning os them;. since I grant, that about the end of the 4th Century, when these things happen'd, not only the common People, but also the Clergy began to grow very corrupt in their Manners: And therefore, I cannot much value any Precedents that you can bring in that time, to justify Resistance in Christians, unless you could have shewn me any before the time of Constantine, which I am sure you are not able to do, roach less any Authority from any of the Primitive Fathers, which justifieth Resistance of the Supreme Powers upon any account whatsoever.

'F. 'Tis a very hard matter to satisfy you by Quotations; for before the time of Constantine, it is evident the Christians were not only weak, dispersed and disarmed, but had also the Laws of the Empire against them. And I have already granted, That Self-defence against Persecution upon account of Religion, was unlawful; but when, in the time of Constantine's Son and Successor, the Peopse having the Law on their side, stood upon their defence against those that would have taken away their Lives, as in the Examples I have brought of the Inhabitants ofPaphlagonia, then the Instances come too late; and the Age is grown so corrupt, that they are no longer Primitive Christians, than they observe your

Doctrines. Doctrines. But as for express Precepts, or Testimonies out of the Scripture's and Fathers, to justify Resistance, I think it is very needless to bring any ,• for the great Mr. Hooker shews us very well, that it is the Intent of the Scripture to deliver us all the Credenda and Agenda, necessary to Salvation; but in other Matters; within the Compass of our Reason, it is enough if we have evident Reason for them, Scripture non contradiceme;and if the Scripture doth not forbid such Resistance for Self-defence, ( as I hope I have now proved to be lawful) I do not value whether there be any express Authority to be quoted out of the Fathers for it or not: For whatever the Scripture leaves free, I think the Fathers have no power to forbid.

M. I fee it is to no purpose to argue longer with you from Primitive Examples or Testimonies: And therefore I come now to the last thing I proposed ; H.P.O. r. 2. which is to shew you, that the Doctrine of our Church ofEngland, as it is conw tain'dtin the ^Articles, Canons, and Book of Homilies, is as expresly for Passive Obedience, and against all Resistance of the Supreme Powers, as the Primitive Church itself: And therefore I mail begin with the Infancy of the Reformation,under Henry VIIL for there I begin the Reformation of. Religion in this Kingdom.

F. I pray, Sir, give me leave to interrupt you ,• for I must tell you, I will not be concluded by any thing that the King or Church, in those Times did publish concerning Matters of Faith or Practice; since, unless it were in that one Political, rather than Religious Article, concerning the Pope's Supremacy, the Church in all other Speculative and Practical Doctrines, was as much infected with Popery ^ as it was before: And therefore, if you will have me to be converted by your Authorities, I pray begin with the purer Times of Edward VI. and Queen £/iTuibeth.

M. I shall comply with your Desires, since you will have it so: And therefore I shall begin with the 39 Articles of the Church of England; where, in the 37th H.T.O. at. Article, (as they were pafs'd under Queen Elizabeth,Anno 1562.) you may find it runs thus: "The Queens Majesty hath the Chief Power in this Realm of England, and* other her Dominions, unto whom the Chief Government of all the Estates of this Realms u whether they beEcclesiastical or Civil, in all Causes doth appertain, and is not, nor ought "to be fubjetl to any foreignJurisdiction*

It is true, this Doctrine is not limited to the particular Cafe of Subjects taking , up Arms; but it seems to me by two necessary Consequences, to be deduced from it: First, Because if the Pope, who pretended by a Divine Right, had no Power over Kings, much less have the People any such Power, who pretend to an Inferior Right, as that of Compact. Secondly, Because the Article makes no Distinction, but excludes all other Ppwer, as well as that of the Pope. And in truth, the Plea is the fame on either side; the Pope fays, as long as the Prince governs according to the Laws of God, and the Church, (of which he is the Interpreter) so long the Censures of the Church do not reach him: And fay the People, as long as the Prince governs according to the Laws of the Land, (and of the Meaning of those Laws they themselves will be the Interpreters) so long are they bound to be obedient; but as soon as the King doth any thing that may contradict the Pope, then he is (deservedly, say the Romanists)excommunicated, deposed, and murdered; and when he usurps upon the Peoples Liberties, then he ought to be deposed by the People. The Arguments on either side are the fame, and for the most part the Authorities.

F. I must confess, this is the first time that ever I knew any Man go about to prove Passive Obedience and Non-refistance out of the Thirty Nine Articles; and indeed I should have thought you might have deduced any thing else from these Articles, as well as that. But let us fee, how what I have said in this Discourse can come within the Contents of this Article, which only fays, that the King or Queen of England is Supreme Governor over all Persons, as also in all Causes, whether Ecclesiastical or Civil, and is not subject to any foreign Jurisdiction: From whence you raise this Argument, That if the Pope, who claims by a Divine Right, hath no Power over our Kings, much less have the People, who can pretend to no such Right as he does, but only that by Compact. Now pray tell me, whether this be conclusive. I aslert, that the People have, by the Law of God and Nature, a Right to defend themselves against the Supreme Powers, in


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case they are violently astaulted in their Lives, Liberties, or Estates. Now I would very vain have you prove to me, how Resistance for Self-defence doth subject a Prince to any Jurisdiction, either foreign or domestick; and whether the People can have no Right to resist such Violence, unless they have also an authoritative Power over them? U. P. 0. p, M. It is not worth while to dispute this any longer with you to so little pur3> 4 pose ; and therefore I shall come to the Canons of the Church, and in particular,

those of the Year 1640, which I look upon as a foil Explanation of flie Belief of our Church in this Point, where you may fee, in the first Canon, these two plain Propositions, among others. B^.SparrowV First, "That the most Sacred Order of Kings is of Divine Right, being the Coiu&ionof « Ordinance of God himself, founded in the prime Laws of Nature, and clearly Canons, &c. « established by express Texts both of the Old and New Testaments. p'3 Secondly, "For Subjects to bear Arms against their Kings, offensive or desen

w five, upon any pretence whatsoever, is at least to resist the Powers which are "ordained of God : And tho' they do not invade, but only resist, St. Paul tells "them plainly, they shall receive to themselves Damnation.

From which you may plainly fee, that this Convocation, which consisted of as great Men as, I think, had been for divers Ages, do clearly maintain Monarchy to be of Divine Right, and Resistance to be in no Case lawful.

F. I should grant the Canons of this Convocation to be a good Proof of the Judgment of the Church ofEngland, were it not for two very good Reasons I have against: them: The one I will tell you presently, and the other I will keep a while to my self. In the first place therefore, I suppose you cannot but very well know, that this Convocation fate and pasted these Canons, which likewise receiv'd the King's Confirmation, after the Parliament (that was summoned together with this Convocation,) was dissolved : And the Writs by which they fate being to the fame purpose, I suppose you know, that by the Law of England the Convocation having been look'd upon as an Appendix to the Parliament, was till then always dissolved with it. VIA. Rush. For which reason all Acts and Proceedings of this Convocation were condemned, C0II18. part antj declared nu\\ and vojd by tneLong Parliament, that began to sit the latter

1. vol. i. f. £ncj Gf ts)e fame Year: And which is more, was likewise condemned by the first '3 v Parliament after the Restoration of King Charles the second. And therefore, I think,

I have very little Reason to own these Canons as conclusive. I H. P. 0. ch. M. In the first place, I might reply to what you have now said, that that very

2. Parliament, which first condemned these Canons, afterwards ruined the Monarchy itself. In the next place, that in old time the General or Provincial Synods were not dependant upon the Assembly of the Estates at the fame time. And I likewise farther answer, that these Canons were mad« and confirmed in a full Convocation of both Provinces of Canter bury and Tork; and the making of Canons being a Work properly Ecclesiastical, these Canons were made by the Representatives of the whole Clergy of this Kingdom. 2. The Canons were confirmed by the King (which was all that was of old required in such Cases) and tho' the Convocation fate after the Dissolution of the Parliament, yet this is not without precedent, even in the happy Days of Queen Elizabeth, not to look back unto Henry VIII. or the Primitive Times. And as for your Objection, that these Canons were rebrobated since the Restitution of Charles II. I fay, that I quote them not as Law, but as the known Sense of the Church of Englandat that time.

F. Your first Answer in behalf of these Canons is altogether invidious : For it was not this Parliament that ruined the Monarchy, but only the Rump or Fag-end of it, after it had suffered divers Violences and Exclusions of Members by the Ar1 my, and that the House of Lords (being by this Junto voted useless and dangerous) were shut out of doors. Nor is your second Answer any more true; for antiently, in the Saxons Time, the WittenaGemot or Great Council, and the General Synod, made one and the same Assembly, consisting both of Clergy-men and Laymen; and then all Matters of Ecclesiastical Discipline were enacted and confirmed by the King, as also the Spiritual as well as Temporal States. Nor can you shew me an Example of any General or Provincial Synod, which met independently, and without the States of the Realm, until after the Reign of Henry I. when the Popes took upon them to encroach upon the Royal Authority, as also upon our Civil Rights, and by his Legates to call Synods, and make Ecclesiastical cal Constitutions, in which, neither the King nor the States of the Kingdom had any thing to do. And tho', I grant, that upon the Reformation the King was restor'd to those Rights, as Supreme Governor of the Church, which the Pope had before usurped; yet is not this Act of the Supremacy to be si) understood, as to give the King all that Power, which the Pope unjustly took upon him to execute before ; ,for that had been to make the Cafe little better than it was before: And therefore this Act of the Supremacy being only an Act of Restoration of the King to his pristine Rights, (of which that of calling Synods and Convocations was one of the principal) the King could not call nor continue those Assemblies ia any other Form, or after any other manner, than they were held before the Pope s Usurpation, in taking upon him to call such independant Synods : And notwithstanding what you tell me, I am confident you cannot shew me any Precedent of a Convocation so turned into a Synod, as this was, in all the Reigns of Henry VIIIand Queen Elizabeth

But as for your last Reply, that you quote not these Canons for a Law that obliges by a Civil Sanction, but as the Sense of the Church of England at that time; if they do not now oblige the Church neither in point of Belief nor Practice, as you seem to grant, it signifieth no more to me what was the Sense os the greatest part of the Members of that Convocation in this matter, nor doth it any more sliew me what is the true Doctrine of the Church ofEngland, than if I should tell you, that because in the Reign of Queen Elizabeth the major part of the Bilhops and Clergy of our Church were rigid Calvinists in the Interpretation of that Article about Predestination, that therefore Calvinism was then the Doctrine of the Church of England, but is not so now. And therefore we ought not to take that sot a Doctrine of any National Church, unless the Synod or Assembly, that declares such Doctrine, be solemnly and lawfully assembled, according to the Laws and Customs of that Nation or Country wherein they are so declared.

M. Since you so much contest the Authority of these Canons, I shall no longer B. P. 0< p, insist upon them, but I shall here shew you out of the Books of Homilies, to which 8> 9* all the Clergy in England are bound to subscribe by Act of Parliament (as well as to the Articles and Canons) as containing wholesome Doctrine, and nothing contrary to the Word of God (so that these Homilies do indeed thereby become a part of the known Laws of the Land) that in these very Homilies there are divers Passages so very full and plain against all Resistance ofthe Sovereign Powers for any t ■Cause whatsoever, that if you are a true Church of England Man, as I hope you are, you can have no just Reason to deny their Authority.

The Homily, or Exhortation to Obedience, was made An. 1547. in the Reign of King Edward the sixth; in the sceond Part of which Sermon of Obedience we ace told in these Words (which I desire you to read along with me):

f That it is the Calling of God's People to be patient, and on the suffering *' Side, and to render Obedience to Governors, altho' they be Wicked and u Wrong-doers, and in no case to resist and stand against them. Subjects are ** bound to obey them (/'. e. Governors) as God's Ministers, altho' they be evil, not only for fear, but also for Conscience sake. And here, Good People, let us mark diligently, that it is not lawful for Inferiors and Subjects in any Case to resist and stand against the Superior Powers; for St. Paul's Words, are plain, that u whosowithfiandethstall get to themselves Damnation. Our Saviour Christ, and his Apostles, received many and divers Injuries of the unfaithful and wicked Men in Authorityyet we never read that they, or any of them, caused any Sedition, or Rebellion against Authority. We read often, that they patiently sufsirred all Troubles, Vexations, Slanders, Pangs, Pains, and Death itself, obe"diently, without Tumult or Resistance. Christ taught us plainly, that even M the wicked Rulers have their Power and Authority from God; and therefore it "is not lawful for their Subjects to withstand them, altho' they abuse their Power. Let us believe undoubtedly (good Christian People) that we may not obey Kings, if they command us any thing contrary to God's Commandments: In such a case we ought to say as the Apostle, We must rather obey God than Man. "But nevertheless, in that case we must not in any wise withstand violently, or "rebel against Rulers, or make any Insurrection, Sedition, or Tumults, either by force of Arms or otherwise, against the Anointed of the Lo) d, or any of his appointed Officers; but we must in such a case patiently suffer all Wrongs and

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"Injuries, referring the Judgment of our Cause only to God." And see Part the Third of the same Homily: "Ye have heard before of this Sermon of good Or"des and Obedience, manifestly proved both by Scriptures and Examples, That "all Subjects are bound to obey their Magistrates, and for no cause to resist, or "withstand, or rebel, or make any Sedition against them, yea altho' they be "wicked Men."

T could find many more such Places in our Homilies, but I shall trouble you but with one other Passage out of the second Book of Homilies, compiled in the Reign of Queen Elizabeth, in which Book the Homily againstWilful Rebellion is full to this purpose.

"In reading the Holy Scriptures we shall find in very many, and almost infi"finite Places, as well of the Old Testament as of the New, that Kings and Prin"ces, as well the Evil as the Good, do reign by God's Ordinance, and that "Subjects are bound to obey them. The farther and farther any Earthly Prince "doth swerve from the Example of the Heavenly Government, the greater Plague "he is of God's Wrath and Punishment, by God's Justice, unto the Country and "People over whom God for their Sins hath placed such a Prince and Gover"nour. What shall Subjects do then? What a perillous thing were it to com"mit to Subjects the Judgment, which Prince is wife and godly, and his Go"vernment good, and which otherwise? As tho' the Foot must judge of the "Head ; an Enterprize very heinous, and which must needs breed Rebellion; "and is not Rebellion the greatest of all Mischiefs? A Rebel is worse than the * worst Prince, and Rebellion worse than the worst Government of the worst

Prince, that hitherto hath been. If we will have an evil Prince (when God "shall send one) taken away, and a good one in his place, let us take away our "Wickedness, which provoketh God to place such a one over us. Shall the "Subjects both by their Wickedness provoke God for their deserved Punishment "to give them an undiscreet and evil Prince, and also rebel against him, and "withal against God, who for the Punishment of their Sins did give them such a "Prince?" And this Doctrine is more strictly enforced in the second Part of that Homily, from the Example of King David, in his Carriage towards Saul; from which it will appear, that they did not suppose Davidto have used so much as defensive Arms against him, as you may fee by this Passage in it: " That . " when for his most painful, true and faithful Service, King Saul yet rewarded "him not only with great Unkindnefs, but also sought his Destruction and Death "by all means possible, David was fain to save his Life, not by Rebellion or any "Resistance, but by Flight, and hiding himself from the King s sight."

From all which Passages out of the Homilies, I think, we may draw these plain Conclusions : i. That as well evil as good Governors are to be obeyed as God's Ordinance. ^^ That therefore they are not to be resisted for any cause, tho' they abuse their Power never so tyrannically. 3. That the People are not to judge when the Prince thus abuses this Power, so as thereby to make any disturbance. 4. That not only offensive, but also desensive'Arms, if made use of against him, are utterly unlawful, and also against God's express Command.

F. I grant, these Homilies seem to be very strictly penned against all Resistance, and ought to be (like all Discourses of this nature) positive and general; and perhaps if I were to preach a Sermon to the Common People on this Subject, it should be much to the same purpose ; and yet for all that I might not believe, that it was absolutely unlawful for a whole Nation to defend themselves, in case of such extream Violence or Oppression as I have already supposed: For when Preachers speak to Vulgar Auditors, they are not bound, like Casuists, to tell them all the reserved Cases in which they may be dispensed with in their Duty, lest they might use this Christian Liberty for a Cloak of Maliciousness (as the Apostle tells us.) Thus if a good Preacher makes a Sermon againstStealing or Murder, he may very justly tell the People (as the Authors of these Homilies do) that they ought not in any wife, or for any Cause, to commit Tlxft or Murder; without telling them all those Cafes of meer Necessity, in which it may be lawful to make use of the Goods of another, and also to commit Homicide; as, when a Man is forced to take Victuals, tho' without the Owner's Consent, for meer Preservation ot Life, or to kill a Thief, or any other Man that assaults him, to save his own Life. So tho' the Authors of these Books of Homilies do fay, that that we may

not not in any wise, and for no cause, withstand violently, or resist, the Supreme sowers j but that we must suffer patiently all Wrongs and Injuries, referring the Judgment only to God: Yet since they have not particularly put the Cafe, as t nave now done, viz.. what is to be done in cafe a whole Nation or People are about to be destroyed, ruined or enslaved, and made Heathens or Papists, by the unjust, '"ay illegal Violence of the Supreme Powers; we may rationally supposes that since they were good Men, and never intended to urge these'things further than what the Scripture and Fathers have already done, that they never really intended, that a whole People or Nation, together with the Religion established, Jhould be thus ruined and destroyed, father than such Resistance should be made.

As. But pray tell me, can there be any thing more express against your Interpretation, or more plainly oblige us to a patient Suffering, without Resistance of of the cruellest and most intollerable Tyranny, than these words I last read. *the farther and farther any earthly Prince doth swerve from the Ex am fie of the heavenly GoWrWnent, thegreater Plague he is^of God's Wrath and Punishment, by God's Justice, unto the Country and People, over whomGod, for their Sins, hath placed such a Prince and Govefnor. And by what there follows, you will fee that tho' such a Prince be so treat a Plague to them; yet they cannot without Sin judge such a Prince, or rebel against him, but must patiently wait God s leisure to remove him.

F. 1 confess this is the strictest Passage of any in the whole Book, yet doth not this 'exprefly reach the Cafe here put; or if it had, do I think myself, or any Body else, obliged, because of one or two unwary Passages in this Homliy, of which perhaps neither the Parliament nor Convocation closely considered the evil Consequence, or so much as knew they were there; things of this kind usually passing such great Assemblies by the Lump, as relying upon the Testimony of some ieadflig Bishops or Clergy-men, without considering the Book of Homilies strictly, tot reading over the whole. So that the Parliament might very well declare, that they contained found Doctrine, and nothing contrary to the Word of God, without asserting the literal Truth of every particular Passage in them, much less, that all that is contained therein, is to be believed upon pain of Damnation; and therefore I must beg your pardon, if I cannot suppose that all Resistance whatIbevfer, though in the most necessary Cafes of Self-defence which I have now put, is absolutely unlawful and rebellious; or that the Fathers of our Church ever intended tc lay so hard a Yoak upon the Neck of this Nation, which neither they nor their Fathers were ever able to bear; much less, that there is thereby taken away from this Nation, defending those fundamental Rights and Privile'dges, which ate essential to the Nature of the Government, ahd which, as it distinguished at' 'from a Despbtick Monarchy, so it doth the Subjects likewise from those of Other Nations: For if the Scriptures themselves were never intended to alter Civil 'institutions much less certainly can either our Canons or Homilies do it. Aud 'therefore to deal freely with you, if the Canons and Homilies had been never so express' '•on your side; yet, as long as no such Consequence can be drawn from the Holy Scriptures, I should hot much value What they fay, unless you can prove the Church of England to be infallible. Ahd for this I have the sixteenth and twentieth Article of the Church of England (made in the Year 1562.) to bear me out. tth^ former of which, concernihg the Sufficiency of the Holy Scriptures for Salvation, runs thus .• The Holy Scripture contains allthings necejfary tb Salvation: So that whatsoever is not read therein, nor may be proved thereby, is not to berequired of any Man, that it Jhould be believed as an Article of Faith, or be thought necessary or requisite toSalvation. ^Therefore if I have plainly proved, by sufficient Authority, that your Doctrines' of Passive Obedience and Non-resistance are not exprefly found in Scripture, nor by necessary consequence may be rationally deduced from thence, they cannot be required of any Man to be believed or practised as necessary to Salvation. And therefore, if either this Church, or any other, imposes such a burden upon me, I am not obliged to bear it: And this the latters of these Articles of the Authority of the Church expresly asserts in these Words: It is not lawful forthe Church to ordain any thing contrary to God's Word written, &c. After which it follows thus : So that besidesthe fame, it ought not to enforce any thingto be believed for necessity of Salvation. Where note, that by besides thefame, is to be understood any thing that is not found theremay be proved thereby by necessary Consequence, as was said before; and if the whole Church itself cannot do this, certainly no particular Church can.

And And that divers of the most eminent Divines of our Church have used the fame freedom with several other Doctrines contained in these Homilies, may appear from Dr. Hammond's, Dr. Heylin's, and Dr. Taylor's, with several other eminent Writers expresly denying, that the Church of Rome is guilty of Idolatry, or that the Pope is Antichrist; tho' both these Doctrines are as plainly laid down ir\ the Vid. id. Homilies, as the Doctrine.of Non-resistance: And yet none of these Men are ever Vol of Horn- taxed by those of the Church of England, for quitting her antient Orthodox. Docw ld'?ar tr*neS- -A-n^* desire y°u to give me a good Reason (if you can) why it is more *f the St? lawful and excusable to part with the former of these Doctrines than the latter? mom against The like I may fay also for the Doctrine os Predestination; which tho' exprefly Idolatry, efpe- asserted in the 3 6Articles of the Church of England, as interpreted by all the Biciaiiy the uji, shops and Writers in the Reign of Queen Elizabeth and King James, as also the 'IC*2' Bifliops and Divines sent as Delegates rrom our Church to the Synod of Don,, who 3' joined in the Interpretation of that Article, in the strict Calviniftical sense,' you

find, in all the Determinations of that Synod-aga-inst the Doctrines of the Ar minionsy which then began to prevail yet since the time that Archbishop Laud had the,nor minating of what Persons he thought fit to be made Bishops, Deans, &c. not one in ten of them but have been Arminians in all those Points, wherein they wholly differ from the Doctrine of Calvin, which is but the fame with that of Qui^tf Articles so interpreted; yet none of the Divines of our present Church, wh# -bold these Opinions, are branded with Apostacy from its antient Doctrine; but*if;any well meaning Divine, out of love to his Country, and to prevent Popery arid [Slavery from breaking in upon us, have but preach d or published any thing in, derogation to these darling Doctrines of Passive Obedience and Non-refistance, fae is strait branded with Apostacy from the Church, in quitting its main distinguishing Character; and we have lately seen degrading, nay the most cruel Whipping aha Imprisonment, thought too little for such a Man. But one may say of someMen with truth enough,

Dat veniam Co)*vis, vexat censura ColumbU. ■' -j. .  -. 3iJ.-)

'As. Methinks, Sir, it is a great Presumption in you, and those of your Party, to make yourselves the sole Interpreters of those Places of Scripture which To'exprefly forbid all Resistance of the Supreme Powers; and then, when you^ave wrested the Scriptures to your own. Mind, to cry out, that you are not bq'untl to believe these Christian Doctrines, because you suppose they are contrary to "lien's humane Reason, and the too great Love they have to their own Concerns; which is but the fame way of reasoning which the Socinians and Arians make use of against our Saviour's God-head, because their narrow Understanding cannot comprehend it: But besides all this, I could Ihew you out of the best Writers of the Reformed Religion, both in this and other Protestant Churches, who interpret these pjta^els of Scripture against all Resistance, in the fame sense as our honest Homilies'naye done; but I find it grows late, and I have not time now to shew you them : or if 1 had, do I believe you would be much edified by them, since you make so flight of the Authority of our Homilies.

P. You are very much in the right of it, and indeed I do not desire you^ put yourself that trouble, for the Papists themselves will not own any thin Doctrine of their Church, which is not exprefly found in the Council of , .the Catechism composed according to its Decrees, and therefore will not be concluded by the Sermons or Theological Treatises of any of the Divines of their own Church, as to any Thing or Matter in debate between us. And, I think, I that am a Protestant, may certainly claim a like Christian Liberty; especially, since I am very sensible upon what Account too many Men have carried tnese Doctrines of Passive Obedience and Non-resistance to so great a* height as they have done of late Years: But since you tell me that so many learned Writers, with of this and other Protestant Churches, have been of your Mind; So I could'also (if I had a mind to cap Quotations with you) produce a sufficient number'of .Places out of Luther, Calvin, Zuinglim, and other first Reformers, as also of our own Writers at home, who have in many places of their Works allowed Resistance for Self-defence, in cafe of intolerable Violence and Oppression, to be lawful; and .of these I can give you a large Catalogue, whenever you please to command me.



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But since they will convince you, as little as I suppose your Writers would do ane, I shall forbear mentioning them any further.

M. I value not much what Luther, Calvin, or any other violent Men of that fort, may out of Passion or Inadvertency have written on this Matter; and yet I can shew you a Passage out of Calvin's Institutions, which expresly forbids Subjects or private Persons to take up Arms against the Supreme Powers, as you may fee by his own Words in the fourth Book, cap. to.Neque enim si ultio Domini est effr/atata Dominations correSlio, ideaprotinm demandatam nobis arbitremur; quibm nuUum a!iud quam parendi &patiendi datum eft mandatum, Deprrvatis Homimbmsemper loquor. And tho' 1 grant some Divines of our Church have allowed Resistance in some Cafes, where the People, by the- Laws and Constitutions of their Country, might lawfully have made such a defence of their Liberties, yet have they denied it in all other Cafes, and particularly in our own Government; which is sufficient to shew, that whatever your Thoughts maybe of it, yet that they thought it absolutely unlawful for the Subjects of this Realm to take up Arms against the Ring, or who acted by his Authority, upon any Account whatsoever; and therefore I must needs tell you, that I look upon these Doctrines of Passive Obedience and Non-resistance, as the distinguishing Characters of the Church of England from all other Churches. '•

F. Tho' 1 do not much value the Opinion of Divines in matter Of Politicks, since most of them that I have met with have been very unhappy, when they have undertaken to meddle with that Trade; yet I doubt not but I can shew you, that some learned Men of our Church have not thought all Resistance to be unlawful, in cafe the main and fundamental Constitutions of our Go\rernment shall happen to be assaulted, or ourselves, in respect of our Liberties and Estates, like to be reduced to absolute Vassalage and Slavery. And therefore, if your Divines will own Resistance, where, by the Constitutions of the Government, it is allowed to be lawful, I think I can also prove, that it is not only lawful, but necessary, in some Cafes in our own, for the Preservation of the Original Constitution ; and if this fliould prove so, I know not what your distinguishing Character of the Church ofEngland will signify, unless you will make it necessary for particular Churches to have other distinguishing Characters than the Scripture requires, or the Constitution of the Government will allow of; and if so, I doubt the Church of England would get as little Credit by such distinguishing Characters, as the Calvinift Churches abroad do by making absolute Predestination one of the Terms of their Communions, the Scriptures (without their rigid Interpretation) teaching no such Doctrine. But as for your Quotation out of Calvin, it amounts to no more than what I have all along granted, 'That single private SubjeSis ought never to take up Arms or resist those in Power,but when the good of the whole Commonwealth requires it. And therefore he, in the fame Book, places a Power of Resistance in sobordinate popular Magistrates, whereby you may fee he grants the Thing lawful, but will not leave the Power of judging only in the common People, or Mobile; and soiar I confess he is in the right, tho' I grant those Magistrates are, in respect of the Monarch, as much subject as the People.

M. I shall be glad to know what Divines of our Church they are, who have granted Resistance of the Subjects of this Kingdom to be in any Cafe lawful; for if there are any such, I confess they are Authors unknown to me; nor do I know any, but one, who was seemingly in the Communion of the Church of England, who hath asserted this Doctrine in his Book of Julian the Apostate; but you see he was presently confuted by those learned Men of our own Church, who undertook him, and, I think, have so well performed it, that I cannot tell whether it hath been more for their Glory or his Disgrace*

But as for what you fay against making Passive Obedience the distinguishing Character of our Church, I confess indeed, it is very bad for a Church to hold evil or indifferent distinguishing Doctrines; but it is as certain, that it is very convenient for a Church to have distinguishing Doctrines, provided they be good ones, unless a Church can be obliged to err for Company, and to avoid distinction, which will not Very well agree with the Text, that forbids m to follow a Multitude to do Evil, nor with the Practice of the Primitive Christians, when the Orthodox were so few, in comparison, that had there not been some Names of Note among them, they would hardly have been reckoned a number. But it

E e • agrees agrees admirably well with the Principles of Popery, thus to avoid Distinction, which hath its Numbers to boast of, when nothing else is to be said

But there is one Lord, one Faith, one Baptism; and St. Paul reproves the Corinthians, because one cry'd he was ofPaul, and another of ApoOos, a third of Cephx, and the fourth of Christ: And must not then those that held one Lord, one Faith, one Baptism, necessarily distinguish themselves from all that held more than one? And if some would say they were of Paul, and some of ApoUos, and some of Cephas, might not others distinguish themselves from them, by saying they were of Christ? v>.„ .;.

But by this Doctrine, you pretend, we distinguish ourselves from all other Churches in the World, and so from the Catholick Church; and therefore you cannot comprehend, why any one should value a Doctrine so much on that score; but you may comprehend, if you please, that it was never pretended that this Doctrine is taught nowhere but in our Church; and, as I hope, I have, proved that it was taught in the Primitive Church, and is taught in other Protestant Churches at this Day: But this is evident, by fatal Experience, that Passive Obedience is the distinguishing Character of the Church of England by Law established; whereby it is distinguished from the separate Congregations among us, both of Fanaticks and Papists; and to justify this Distinction, we have the express Testimony of several of our Princes since rhe Reformation, and of the Laws themselves too, that are still in force; which abundantly shew how dangerous the Principles of other Persuasions are ro the State, as well as to the Church: Yet if other Churches have not so well preserved this Doctrine in its Purity, as ours hath done, as we would not provoke them to a Comparison, so we have no reason to be ashamed of it. But that many among them have taught this Doctrine, « might be proved from the Writings of many of the most learned and pious foreign °-Divines; and particularly from a Book of a French Protestant lately written, who '"in the midst of Persecutions writes in defence of Passive Obedience, when he at the fame time suffered what we feared.

F. Tho', I confess, at a time when it was made criminal for any Man publickly to maintain, that it was lawful to resist, in cafe the King should go about to introduce Popery and arbitrary Government among us by Force; and that whosoever went about to assert the Lawfulness of such Resistance, was sure to meet (if not with Punishment) at least with loss of Preferment, and Disgrace; when the Doctrine os Passive Obedience ran so high both in the Press and Pulpits; it was no wonder if any of our Church, who consulted their own Safety, durst stem so violent a Current; and yet even in these Times, the learned Dr. Falconer, in his Treatise os Christian Loyalty, chap. 5. §. 2. doth, tho* cautiously, allow Resistance in such great Cases, as of a Prince's alienating his Kingdom, or of destroying his People in an hostile manner, to be lawful, if ever it should happen: But put of a needless sear, lest this Doctrine of Resistance may be made use of as a Pretence for Rebellion, will allow it can scarce seem possible ever to happen in a King, Compos mentis, towards his whole Dominions. But I think I have already proved the possibility of it, and why they may not do the fame in an absolute Empire, where the Prince would make them Slaves^ and Beggars, by invading their Liberties and Properties, I can see no Reason, but think I have given very good ones for it.

But as for the other Person you mention, who did openly in Print oppose this Doctrine of Resistance, whether he, or his Opponent, had the better in this Dispute, I leave to the indifferent Readers, who,- I believe, will acknowledge that the Author of that Treatise did not so much forfeit his Reputation, by asserting a Right of Defence, where the Religion and Liberty are established by Law, and became a part of the Civil Constitution", as his Opponent did by introducing an arbitrary imperial Power in this Nation, unknown to, our Laws, whereby a few mercenary Red-coats, either of this, or a Foreign Nation, should have, by the King's Commission, an irre/istiblc Power over the Lives, Liberties and Estates of all Protestants. But since he went about, to make us all Slaves by his Imperial Law, I do not at all envy him so generous a Performance ,• and yet for all that, I had much rather have that Man's Reputation,' whom he opposed, tho* with all his Suffering, than this Gentleman's, tho' attended with all his Learning and Preferments.

• But as for what you fay inVindication of the Doctrine of Passive Obedience and Non-resistance in all Cafes whatsoever, it signifies little, since it is grounded upon a wrong Supposition; for you still take that for granted which is the Question yet to be proved, that because the Primitive Christians were against Resistance, in case of Persecution, therefore this must needs extend to whole Nations and Commonwealths, in all States and Conditions whatsoever; which, whether you have well proved or not, I leave it to your own Conscience to judge; for my own party I cannot say you have convinced me . with what you have laid on this Subject: Sflithat if the.se Doctrines, as you have put them, are neither good in themselves, nor necessary to be believed or practised jn all Cases, I doubt God may justly ask those who either practise or impose them on others, Who hath required these things atyout Hands* And as for those Divines of foreign Churches, who, you fay, have wirj&fot these Doctrines as well.as ours j as I know not who they are, nor in- what n^anner they have defended them, so do I not much vahie their Opinion, since thereiare many more altogether as Learned and Pious as they, who have held the contrary- No&axe all Divines who"maintain Passive Obedience andNon-resistance Q£jout side, whq write (which I also allow) that for particular private Subjects} to resist Princes in revenge of private Injuries, and rebel against the SupremePowers for not, being oitheir, own Religion,; or to take upon them to call Princes lOhaA Account, or pass Judgment upon them, or punish them for their Actions, ifcajtogether wicked and unlawful: Yet doth it not therefore follow that they, ^Wjmaintain'd. alJ, Resistance* to be unlawful, jn any Case whatsoever; tho' per-> baps,. ;if you were to make .uTe of their Authority, you would produce them of

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To conclude, I own myself for Non-resistance, in that limited sense I have now givefij-as far aS.it extends to. particular private Men; yet that, this Rule doth not extend to' the whole Civil Society or People; and therefore, altho' in my own. private.Capacity,; I ought to submit to, and suffer the greatest injustice, rather than^sist and disturb Government; yet when the main Foundations thereof are once begun to bejmlled up,, as I am an Englijb-man, I think I am more obliged^ by .all Ties both Sacred and Civil, to^lesend and maintain the Government or, Constitution, of which I am a Member, than I am to obey the King's personal Cojnmands^ and that being the primary Obligation, ought to be discharged in thcf first.piace. . ;<, ■  :c:: '■ r,< . _t».v: •

,; I shall;nQ loBger compare, whether the Divines that write for, or those that, vffjtfe.'iagainst Resistance, are the wiser or more learned, since you yourself, jt seems, 7at last,, are fejgn to own a limited Non-resistance, which you will have extend to private" Persons, but not to the whole Civil Society or People: But I think J:m£y venture stilj to maintain, that the Supreme Power, where ever it is placed, must be irresistible i and that a whole Civil Society or People, who are not invested with part of the Sovereignty, can have no more Right to resist than single Pexsoas: Eor to fay that whole Societies have a Power to resist, and that particvltt private Persons, as Members thereof, have if ajfo, is such a diminution of Supreme Power, as can never be consistent with jt;$> for all Inferiors, whether private Persons or whole Societies, can have no Power.but what is derived from the Supreme; and therefore, if they have a Right to [resist, even that must be de-. tited from the Supreme Power, and so that Power must destroy itself.

. 'But as for what you alledge in your Justification, that Resistance may be lawful^ to avoid Subversion of the Government; To this I may reply, that if Subjects b§ po longer in subjection to the Supreme Powers, the Government is hereby defirq>y«d » for what .more manifest Subversion can there be than this, That Subjetts arenow no longer in Subje&ion, nor Governors can be no lotfger able to govern? So that this Argument .tends only to prove, that Subjects may subvert the Government tmjUpyjs. rather than suffer the Sovereign Power to „do it another.. So that upon, fhe->whole Matter, if the Government must be subverted, you would have no Body have the doing of it but yourselveSk. ■;; r  j:ul , L* .

;£ However false your Premises arex and however weak the Proofs that you haye brought for them, yet I fee you are resolVd to stjek close to; your Conclusion, {i.e,) .that all Supreme Powers are absolutely irresistible. In which Dispute, whether you or I have been in the wrong, I dare appeal to any indifferent Judge j sot 1 think I have sufficiently made out, that Resistance by the whole People, or

E e 2 major

major part of it, against a general and intolerable Tyranny, is no diminution?of Supreme Civil Power, nor inconsistent with itNor is your Reason for your OpK nion any truer than the rest, that private Persons, whether taken single or in a whole Civil Society, can have no Power but what is derived from the Su» preme, which is by no means so; for every private Man of the Society the* acts by a Power precedent to it, viz,, the natural Power of Self-preservatiofl O? Defence, which no Man ever absolutely gave up, neither for himself nor his ChuV dren; when he-became a Member of that Commonwealth, tho* he was obliges for the Peace of the Government or Civil Society, to suspend that Right in ot* der to a greater- Good, which once failing, upon the Dissolution of the Government, every Man's original Right takes place. , - ■ ^lorij As for what you soy against my Notion, that Resistance is (awful, wfcert it may prevent the Subversion of the Government, your Reply to this is really equivocal, and consists in that false 6r wrong Notion you have of the nature of our Englijh Government, which you suppose only consists in the Preservationm the King's Personal Power, without any respect to the Laws or fundamental Constitutions of the Kingdom; and that as long as the People are in Subjection}: whether to legal Government or illegal Force, it is all one, the Government fS still preserved; which is a great mistake: For the King receiving his Power ftoii the Law, and having no Authority but what that gives him, when he overthrow* the fundamental Constitutions of the Kingdom, he doth himself destroy the G** vernment. And therefore, when in that Case the People do resists it i* either id maintain it, or else to restore it to the State that in was in before; so thafVii is not the People, in this Case, who have subverted it, but the King him*

self. . '• ;■-■> ■>*>''oT.

M. It now gtowslate, and it is high time to give over; but if you please to give me another Meeting, I doubt not but to sliew you, that by the Or*' ginal Constitution of this Government,' the King not only hath the sole Supreme Power, but that by several Acts of Parliament all Resistance of the King, or those commissioned by him, is absolutely against the Laws and se** \damental Constitutions of this Kingdom j and that they are all, by o« Laws, Rebels, that dare prefome: to make any such unlawful Resistance: And I desire that you would give me a patient hearing in this Matter, because I have so great a kindness for you, that I would not have you lie- undtr-ft* dangerous an Error, which may happen to prove'fatal to your Happiness, not only in the World to come, but also to the Safety of yourself and Fa* mily in this Life, if you should offer to put in practice what you have here maintained.—1. - ..£.-•>! ■: L>.;:vt

F. Sir, I give you many thanks for your kind Intentions towards me, since I do believe it proceeds from that real Friendship you have for me; the' as for-' the former of those Judgments you mention, I hope I (hall have no reason t© be afraid, of it, for any thing I can yet see from those Arguments you have hitherto urged: But as for what may happen to me in this Life, I hope I have as little reason to sea* it, since I believe this grtat Revolution will not only justify, but for the future defend those Arms that have been taken up for the restoring the trim antient Government of the 'Kingdom.

M I confess, Sir, that you have now too much the advantage of me, during these Times of Anarchy and Confusion; but yet I hope one Day to see this unhappy Nation again recovered from this fad Apostacy, into whkh, I confess, too many have lapsed; and then I doubt not but these Primitive and Loyal Doctrines of Passive Obedience and Non-resistance will be again restored to their former Integrity and Vigour.

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M. I thank you for your Advice, and you know, as my Humor is not to be troublesome or clamorous against that which is not in my Power to help; so on the other- side, I heartily wilh that the Prince may now agree with his Ma/esty apon siich Terms as may prove for the good of the Church and Security of tfae State. . But pray tell me when I may be so happy as to fee you here again, that we may folly resolve tms last Question? . ...'

F. To Morrow I stall be engaged, but the Day after being one of the Christmas Holy-days, I stall not fail to wait on you at the fame Hour, and am very well pleased to wait «njrou here, since I foresee a rrear naw  <* ^

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j ..... -..'notin Town.

M. I stall expect your coming with impatience, and in the mean time I am

your humble Servant.

F. Sir, I am yours. *


{214}

Bibliotheca Politica.
DIALOGUE V.


Whether the King be the sole Supreme Legislative Power of the Kingdom \ and whether our GreatCouncils, or Parliaments, he a Fundamental Part of the Government, or else proceeds from the.Favour and Concessions of former KingsV^jl

M. mmmmifcm |N welcome* $fr j' I i*#sit down by the Fire. I was f% VG&XQŒQ gjj thlfiking before you canjeMnfof the best Method of managing this important Questjon, whether by the Laws and Confutations of this Kingdom, it can in any Cafe whatever be lawful to resist the King, or those that act by vertue of his Commissions. I shall therefore proceed in the next place, to the' Proof of the second Proposition, in the Argument I at first proposed; or, to speak logically, the Minor in the Syllogism, viz,. That the King of England is the sole Supreme, or Sovereign Power in this Kingdom, and therefore is irresistable, and that not only as to his own Person, but also with respect to all such who act by his Orders or Commissions, though the things commanded be in themselves illegal.

F. I do not dislike your Method, though if you could never so plainly make out to me the Truth of this Minor Proposition, yet it will come too late to prove, that all Resistance of Supreme Powers is unlawful in all Cafes whatever, since I think you have failed in the Proof of that your first Proposition. But iince I do not deny the Truth of this second Proposition in some Sense, I pray be as stiort as you can in the Proof of it.

M. I shall observe your Desire; and shall briefly recite some Authorities, as well antient as modern, as also Acts of Parliament, which declare an absolute J.E. M. G. and Imperial Power to be solely in the King. To begin with the Saxon Times: s.17. p.m. First, as to the Title of King or Emperor used promiscuously; our King Edgar &dew. frequently in his Charters calls himself, Albionis & Anglorum Bafilem, and the Grecians esteemed the WordBatnheHc to be of full as eminent a Signification, as Cad. Vt^orv. Emperor : And King Edward the Confessor, in a Charter to the Abbey of Peter&> Monafi. burgy stiles himself Rex Anglorum, and his Government a Monarchy: And King Ang. fart. 2. Etbelred, in his Charter to Canterbury, stiles himself Angligenum, Orcadarum, neenon f'6^ in Gyrojacentium Monarchia, & Anglorum lnduperator. So that you hereby may see, that the Kings ofEngland^ long before the Conquest, look'd upon themselves as

Emperors Emperors, or absolute Civil Sovereigns. So likewise after that time '\ve find W.Rufm dates his Charter to the-Monastery Of Shaftsbury, Secundo anno Imperii taei: And though the Title of Emperor hath been disused, yet we shall find the Substance of it sufficiently challengedin that Letter of W. Rufm to Archbishop Ahfelm,telling him, "that he had all the Liberties in his Kingdom, which the Emperor VieLMtd PachaSenged in theEmpire: And the like was challenged by 8m? the First, in all wisii * his Disputes^ with the Pope concerning the Investiture of Bishops and Abbots;' and in all the Statutes of Premunire made by Edward the Third, the KingJs Sovereignty independent from the See of Rome, is exprefly asserted: And the' Statute of the 16th of Richardthe'Second declares; Thatjhe Crown of Eng- . land hath ever been so free, that it is under no earthly SubjeEiibn;but immediatelysubject to God in all things, touching the Regality of the Crown, and to no other. And the statutes of the 24th and 2jthof Henry the Eighth set forth, That this Realm t^f1 England is<kn Empire^'governed by one'Supreme Bead and King, and the Crown or Royal Authority is also thereby declared Imperial; and the Kings ofEngland are there■i&stiled KingsrW Emperors of this Realm. So that I think, no Man needs to doubt ttfhe-re the Supreme or Sovereign Power of this Kingdom resides. •rjjft1! will "slot deny any of those Authorities you have now made use of: Yet Titles alone are m Proofs of Power; for it is very well known, that the German Emperor, notwithstanding that great Title, is not therefore unaccountable or irresistdUe; finc-e the Colfege of the Princes Electors may depose him for Male-administration, or for violating any of the fundamental Constitutions of the Empire. And Mr. Seldtn hath very well observed, in hisTitles of Honour,- that this Supremacy, or Freedom from all Subjection, is not only challenged by our English Sovereigns; but also by the Kings of Denmark, Sweden, andPoland,- The former of which yet was so far from being an absolute M«flfecn, that before the Reign of this King's Father he might have been deposedtor Tyranny, or'Misgovernment, by the Estates of the Kingdom, as the Kins of Poland may at this day. And therefore these Titles may indeed prove a Freedom from all foreign Jurisdiction; but' do not prove that the King is endued with an absolute Sovereign Power Within the Kingdom, as you may fee in these Examples I have now given you.

M. If you are not satisfied with these Proofs, I doubt not but to give you other Authorities, both out of aritient and modern Lawyers, as also Acts of Parliament, which sufficiently declare where the Supreme or Sovereign Power resides. In the first place, I suppose you-will not deny, 'but that it hath been the Prerogative os the Itings of England, time out "of Mmditoeoih Money, dispose of all Offices, and create ncwDignities, as he should think fit; as also to make War and Peace, to make Laws; and in short, to do all things whatsoever that are essential to a Monarch. And that he ajone-is the sole sovereign Power in this Kingdom,, exclusive of all others, our anpenc Lawyers, Glanvil and Forteseue, plainly declare; the former of which fays thus-: Rex nuUum habere poteflparem, multo minm superior em. The fame thing is also 1- <"« I0« repeated by BratJon, and a. very good Reason given Vor it, in these Words: Omnis quidem sub Eo, & ipsesubnulld, nisi tantum sub Deo, parem non habet inregno suo, quia 3" c- 9* fic amitterit praceptum, * cum par in parem non habet imperium: Item nec multo fortim *1. e. His superiorem nec potentiorem habere debet, quia fic ejset inferior fibi subjeElis, & inferiores pares Power of ^eitmpoffuntpotemioribm^i^ - Command-.idR -But prayread what immediately follows: Ipfe autem RexnondebetefftsubHomi- ln*>" n£.sedsubDeo & sub Lege, quia Lex facit Regent; attribuatigitur Rex Legi quod Lexattribuit ei, viz,, dommationem & potefl atem: non est enim Rex ubi dominatur Voluntas, & non Lex... And though, I grant, the King is subject or inferior to nO particular private Man; yet that he hath a Superior or Master within the Kingdom, besides God and the Law (and so is not the sole Supreme Power) appears by a Passage out of the fame Author, in the second Book: Rex habet superiorem Deum, item Le-C. 16. gem, per quamfailm estRex; item Curiam fuam, viz,. Comites & Barones, quia Comites~ dlcuntur quasi Socii Regis, & qui habet Sociumhabet Magistnim: & ideo fi Rex fuerit finefrotw, i. e. Lege, debent ei frœnum ponere. From which Words it seems apparent to me, that this Author, thought (he King was not only inferior to the Law, bitt also to his Court of Parliament, called here Curia Baronum, who might bridle or. restrain him, if he transgress'd the Laws, which are here called the King's Bridle. Nor Can I conceive how this could be done, without some kind of Force or Constraint, if he refuse to receive this Bridle they would lay upon him.

M.I

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As. I do not desire at this time to enter upon this Question, concerning that 'Power, which I know some Parliaments have pretended ro, of curbing and resisting the King by force, if they supposed he invaded the fundamental Rights and Liberties (as they call them) of the Nation; and that for two Reasons: First, because it is not pertinent to our present purpose, of proving that the King is not the sole Supreme Power: As also because you very well know, that both Houses did, in i J Car. i. by an Act of Parliament concerning the Militia,solemnly renounce all coercive Power over the King, or any Right in either, or both of the Two Houses, of making Offensive or Defensive War against him. But if you have a mind hereafter to discourse further on this Subject, I doubt not but to prove to you H. T>. L. p. from divers other Passages out of BraBon, and that old Treatise called Fleta, that 4i« jt was no Political Superiority in the Curia Baronum, but only a directive Power, or

© moral Superiority, which they had of advertizing the King of any arbitrary Proceeding or Injustice he mould happen to do; and by Complaint, Admonition, and Entreating, to impose upon him to amend the same, according to his Oath; but not by Coaction or Constraint. And in this fense they may be said (in a moral way) to put the Bridle of the Law upon him, which may be called Civil Resistance; but as for Military Resistance against an unjust King, it is as inconsistent with our Englijh Government, as with any other Monarchy in the World, \\T But you very much mistake, if you suppose that the King of England is not Sur preme, because he is limited by Laws;which really is Bo Objection, because a Sovereign, without any Diminution to his Sovereignty, maybe limited in the Exercise of his Sovereign Power, either by his own Acts or Condescensions, or else by those of his Predecessors, under whom he claims. This is so certain, that there is no Supreme Power in Heaven or in Earth, which is not limited and confined in the Exercise thereof. * Thus the Onjripotent Power of God himself is limited by his own Wisdom, Goodness and Justice, which are himself. So likewise the Powers of all Absolute Unlimited Monarchs are only so comparatively, with respect to positive Laws; but as for the Laws of God and Nature, which bind their Consciences as firmly as any Civil Laws, they are bound to observe them, and exercises their Sovereign Power within those Limits which they set and prescribe. For whether they have their Supreme Power from God,as we lay, or from the People, as ybu alledge, it is all one as to this matter; for they can have no Right, neither from God nor the People, to make unjust and tyrannical Laws. And this Political Limitation of their Power, in the Exercise of it, doth no more destroy the Essence thereof, than its flowing in Pipes or Channels destroys the Essence a a Spring j since it is still the fame, whether it runs confined through Pipes, ot flows free and unconfined through the open Field. The Application is obvious.

But as for the precedent Words in this Place of Brafhu, which seem to intimate, that the King owes his Authority to Law; he there only means the King in opposition or contradiction to a Tyrant, who makes his Will his Law, according to that of Chancellor portescue: Rex est ubi bene regit, 'tyrawnm, dum pvpulum fibi creditum violentaopprimit dominatione; quod hoc sanxit Lex bumana, quod Leges ligant fuum latorem. Where you may observe, that this Author makes a King's governing well, i. e. according to Law, a Mark of Distinction from a Tyrant, who op-* presses his Subjects by a violent Domineering over them. And though he here snpposcs the King to be obliged by the Laws, yet that this Obligation is only Moral, appears by what immediately follows, when he fays,the Laws do oblige their Legiflator. Now if the King be the sole Legislator (as he here seems to intiA mate) he must also be the sole Supreme Power; and if so, cannot be accountable to, or under the Coercion of any Superior Power; for then he would not be Supreme, as you your self have granted song since.

F. Since you are not willing to enter upon that antient Power, which you cannot deny but the Great Councilformerly had, of putting a Bridle upon the King, and restraining his Actions, in case he invaded the Rights or Liberties of the People; I (hall not insist farther upon it now, for the Reasons you have given; only I must make bold to tell you thus much, thaj if they have not a Power of defending their just Rights, if forcibly invaded by the King, it would be all one as if they had none at all. Tho' I grant, that what you have said concerning the Limitation of the Exercise of Sovereign Power, that it dotb not derogate from the Absoluteness of the Power itself, is very true in all such Limitations which proceed from

the the intrinsic!? Mature and Perfection of- the Being in which it resides as in your Example of God's infinite Power, being limited by his other Attributes. So likewise all humane(Power (I own) are limited by the Revealed Laws of God; or those of Nature : But as to positive Laws you yourself assert, that absolute . Monarchs are only obliged by them as long as they please; and consequently; that they may alter them, or derogate from them, as oft as they think good J as the Roman Emperors could revoke any Privileges or Imniunities they had formerly granted to particular Persons, Cities, nay to Tributary Kings, or Commonwealths; and all this very justly, because as all such Grants were made only for the publick Good of the Empire, so they being the sole Judges thereof, when ever they found such Concessions to prove prejudicial to it, they might justly alter or revoke them. Now if the Power of our Rings be as absolutely Sovereign as that of the Roman Emperors ,• and only limited by their own free Grand or Condescensions to the People, and not from any Power ab extra,; such Grants or Condescensions, though never so solemnly past into Laws in the Parliament, or Assembly of the States, are still no more than positive Laws : And then it the King is the sole Sovereign Power (unlimited by any thing ab extra)how he can so tie np his own Hands, as that he may not break or rescind all those Concessions he had made; and those Limitations which he had put upon himself, if he think or declare it is for the better benefit of the Commonwealth so to do; I cannot comprehend, if he be, by the Original Constitution, the sole Lawmaker and Judge of what is for the publick Good: Much less can I understand how he can oblige his Successors (who must still be supposed as absolute Monarchs as himself) to observe them. And therefore if all our Civil Rights and Liberties, were no other than what you would have them (the free Condescensions or Self-Limitations of Sovereign Power) I desire you would stew me what Security we cart have for the Enjoyments of them longer than the King pleases: For it seems plain to me, that whenever he shall fancy the Liberties and Properties of the Subjects (both which you suppose were derived from him) to.he injurious to, or inconsistent with his Prerogative, or Sovereign Power, he may iawfully disannul or revoke them : And in what Case we then should be (consi- • dering how things had like to have gone lately)' I leave any indifferent Man t6 judge. - ■ «;

Nor is your Interpretation of Braflons Words, Lex facit Regem, &c. any mbfe than an absolute wresting of them from their true Meaning, which is not (as you would have it) to distinguish a King that g6verns by Law, from a Tyrant that makes his Will his Law: For every absolute Monarch that doth so is not i'Tyrant, provided he direct his Actions according to the Laws of God and Na-* ture, as you yourself assert; and a Prince may as well govern thus as the great Ttirk, Cz-Ærof Muscovy, and all the Eastern Monarchs do at this Day, who are riot counted Tyrants in so doing : But certainly >ou will fay, that he would make a very fcurvy English King, who would observe no other Rule. Nor do you left wrest Fortescue's Words, when you tender them, Rex est ubi bene regit,Ty~ ranmti, &c. Supposing the meaning of it to be, that this Author makes a King's governing (that is, fay you) according to Law, the only thirig to distinguish him" from a Tyrant, &c. Whereas he fays no such matter ,• but only Rex est, ubi benk regit, which he may do without any set Laws, as well as with them; as the fitst Kings you suppose did before they were limited by Laws.

But as for Fortescue's supposing the King to be the sole Legistator, that Word sole is of your own addition .,- for if he had said so, he would have contradicted himself, as I shall shew you presently. It is true, the King hath a great share in the Legiflative; yet hath he two other Bodies to join.with him by a concurrent or co-operative Power in it; and I think I have all the antient Lawyers of England on my side. To begin therefore with Ranulphde Glamiille,vsho-^rzs Chief Justiciary irf the Reign of Henry the Second: He gives us, in his Prologue to his Treatise of the Laws of England, this Testimony : Leges mmque Ariglicanas, licet nen feriptas. Leges appeUarinon videtur abfurdum (cum hoc ipfum Lex sit, quod Principi placet, & Le~ gis habet vigorem) eas scilicet, quai,super dubiis in consilio desiniendis, Procerum quident confilio, & Principis accedente authoritate,' constatesfepromulgates. So likewise Bratlon^ in his very first Chapter, speaks much to the seme purpose :' Cum Legis -vigorem hebeat, quicquid de confilio & de consenfu Maghatum3 & Reipubhcx commrmi sponsion?, au-*

F f thoritate

thoritate Prmcipis pracedente, juste fuerit defititum & apprcbatum. And also in his third Book, Chap. 2. when he speaks of the ancient manner of making Laws in England, he fays: Qua quidem fuerjnt approbate consensuUtentium, & facramento Regum confirmata, non possum mutari.wc desirui fine communi consensu Utentium, &conjilio eorum, quorum conjilio & consensu fuerint promulgate. Where you may fee these antient Authors plainly declare, that nothing hath the force of a Law in this Kingdom, but what is approved of and consented to by all Orders of Men, either by themselves or their Representatives: And, which is very remarkable, BraQm supposes the King's Authority, or Royal Sanction of a Law, may precede the Consent of the Great Council; which quite destroys that Notion, that it is the King's giving his last Assent, which gives it the Essence and Vigour of a Law.

And with these more antient Sages of the Law Fortesate also agrees in his j>th Chapter DeLaudibus LegumAnglia, where he fays: Rex Angliapopulum gubernat, non mera potestate regia, fed politica : popUlm etenim itslegibus gubernatur quas ipse fert, &C, What follows is word for word the fame with what Bra&on had before in his first Chapter, and therefore needs not to be repeated: So likewise in the 18 th Chapter, speaking of theAbsolute Legiflative Power of Kings in some other Kingdoms, he thus proceeds : Sed non sic Anglic statute oriripossum, dum nedum Principis vsluntatej fed & totim regni afsenfu ipsa conftuntur, quo Populi lasuram nequiunt,vel non eorum commodum procurare. But if they after prove inconvenient, he immediately adds; Concitoresormari ipsa possunt, fed non sine Communitaris & Procerum regni illtm assensu,

fuali ipsa primitus emanarunt. To which I may also add an Authority out of that .earned Author St. German, in his Dialogue called the DoEbr and Student, writteq in Latin, in the 1 oth Chapter, entituled, Desexto fundamentoLegis Anglia. The Student thus speaks: Sextum fundamentum Legis Anglia stat in dvversis Statutis per Do* minumRegem, & Progenitores fuos, & per Dominos Spirituales & Temporales, & pet Communitatem totim regni inParliaments, editis; ubi Lex rationis, Lex divina, Con.fuetudines, Maxima five alia fundamenta Legis Anglia primfujficere minims videbantur. Where you see the Legiflative Power is here attributed to the Lords and Commons jointly with the King. And therefore my Lord Coke, in his Notes upon the Statute of Westminster, I. calls it aCompleat Parliament, as consisting of all the Estates necessary thereunto: For, fays he, a Parliament making orenabling Laws consists of the King, the Lords Spiritual and "Temporal, and Commons; and it is no At! ofParliament, unless it be made by the King, Lords and Commons.

M. I shall not much concern my self with what your Common Lawyers, either antient or modern, have writ upon this matter; much less what Sir Edward Coke, a known Enemy to the King's Prerogative, doth maintain: Since I have as good b. or a better Authority than lie, viz,, that of the Tear-Book of 22 Ed. 3. wherein it is exprefly declared by divers Earls and Barons, and by all the Justices, in the Cafe of one Headlow and his Wife, who had a Suit with the King, That the King makes the Laws by the Assent of the Lords and Commons> and notthe Lords and Commons; and that he could have no Peer in his own Land, and that the King ought not to be judged by them. So that it is, I think, evident, that the Laws are primarily and properly made by the King, and that the two Houses may have a co-operative, but no co-ordinate Power with him. Aid though at this Day I grant, that Custom hath made the Assent of the Lords and Commons necessary to the passing of all Laws, yet it is still the King's Word, or le Roy le veule, that makes them so: And I much doubt, whether even this were part of the antient Constitution of this Kingdom or not, or proceeded at fitst from the gracious Favour and Permission of former Kings, as I could shew by a Series of Councils in the Saxon Times, if it were not too tedious to mention them particularly j therefore I shall only select some of the most remarkable.

For though I confess, the English Saxon Kings performed all great and considerable things by the Counsel and Advice of their Bishops and Noblemen, comprehended under the general Names of Wites; yet you will find by the Titles of almost all the Councils inSpelman, Lambard, &c. that these Kings alone made their Laws, though by the Advice and Counsel of their IVittena Gemote; which was then no other than the King's Greater Council, since he called what Great Men and Bishops he pleased to it, and omitted the rest : And it is never mentioned, that 0.tiiey were made by their Consent, as necessary thereunto. Nay, sometimes we find that some of the antient tow? Kings made Laws without the Assent of their


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Great Council. Thus Off a, King of the Mercians, being at Rome, out of his Royal ViJ.M«t. iv> Munificence, gave to the Support of the People of his Kingdom, that should come riL'n vit* thither, a Penny to-be paid"Yearly for ever out of every Family, whose Goods in p'171* the Fields exceeded the Value of Thirty Pence. And this he made a perpetual ■ • Constitution throughouY-alHiis Dominions, excepting the Lands conferred upori the Monastery of St. Allans. This Imposition and Law continued a long while in'force, though we find it not confirmed by any Great Councils in the Time of his tt.Spelmaii'i Successors; only in the Laws of King Edgar and King Edward it is enjoined to C***** be paid as the King's Alms; which implies it was the King's Gift, and solely his, without the Consent of a Great Council. ''

But to give you a more particular Proof of the Supreme and Absolute Power of J. E. M. & out Saxon Kings, as well during the Heptarchy as afterwards, in making and estab-P-.1?0, & liming Laws; I shall begin with the first we have extant, which are those of Ina,de'"' King of the West-Saxons, who began his Reigh An. 712. In the Preface to his Laws we find it thus exprefs'd, which I shall render out of the Saxons Copy, pub- Vid.Lam* limed by Mr. Lombard: I Ina, by or with God's Gift, sting of the West-Saxons, -with bard. Archaithe Advice or Councilof Cenred my Father, and Heddes my Bishop, and Ercenwold ">">"'• ^ ^ my Bijbop, and -with my Aldermen, andeldest Wites, or Wife Men of my Kingdom, do J^TV t' command, &c. Then in the first Chapter the King speaks in the first Person Plural; "' We bid or command, that all our People shall after hold fast or observe these Laws andDooms. From this Preface you may observe, t. That Kings are the Gift of God, and that God's Gift signified the fame with Dei Gratia; they are not the Creature of the People. 2. That Princes, for the better Government of their People, in the settling of Laws in Church and State, did then Consult, Deliberate, and Advise with their Bishops, Noblemen, and eminently Wife Men of their Kingdoms, whom for their Wisdom they honours with publick Employments in their Dominions. 3. That after such Consultation, Deliberation, and Advice, the Sovereign established and makes the Laws.

The next Instance I shall make use of, is out of the fame Author, in the Laws' ihu.iu of King Alfred, where, in the Conclusion of his Laws about Religion, and prefatory to the Secular Laws, he faith, / Alfred, King, have gatheredthese (Santlicnsf together, and caused them to be written; and then recites, that those that he liked not, with the Council of his Wites, he had rejected; and those he liked, he bad or commanded to be holden. And we may observe, that the King here speaks in the single Person, that He himself colletled or chose, and also rejetled, what Laws he pleased. The next material Illustration where the Legiflative Power then resided^ . . maybe found in the Laws ot King Edward the Elder, Where, after the Charge given to the Judges, the first Law begins, / WILL; and so in others. In the 4th it is thus expressed: Edward the King, with his Wites, that were at Exeter, stritlly enquiringby what means it might be better provided for Peace and Tranquility, &c. In the 2d and 3 d Chapter it is: WE alsoDeclare, Pronounce, or Sentence: And in the 7th, And I WIL L- In which Laws we have none, mentioned with the King, but his Wites ; and his Commanding, Willing, or Pronouncing in the Imperative Mood, is observable.

The next Laws I find are those of King Athelstan, which begin thus: / Athel- Ibid; p. 4fi stan, King, with theAdvice of Walfelm my High Bishop, and other my Bi/hops, com- sf*^ Ctndh manded or bid all my Rieves (i. e.Prafecls) of what Degree soever, to pay Tythes, &c. ^ And this he commanded his Bishops, his Aldermen, andPrapojtti (who were the Judges in the Country Courts) to do the fame. In these Laws, We, Cwzdon, is used, which, I suppose, is something more than Somner understands by his £uide, a Saying, Speech, or Sentence, and properly is, We will. But the Absoluteness of the King appears most in the 2 <5th Chapter, Wherein it is expressed, That if any of the Graves (i. e. Judges) do not perform these Commands, or be remiss in the Execw tionof those'he hath enjoined, befidtt be punijhed for his Excess of Contumacy, according to the Fines there set down.

King Edmund is the next of our Kings, whose Laws are transferred to us, and %/. Ctmit* the Proem tells us, that King Edmund assembled a Great Synod (or Council) to Lon- p- 4t. don, at the Holy Easter Tide : And the Persons summoned are stiled Godskind and A"'Ch' Worldskind, i. e. Clergy and Laicks. After the first six Chapters of Laws, in the Proem to the second Part of them, The King signifies to all Men, Old andToung, that he had ask'dAdvice in the Assembly of his Wites, both Ecclefiasticks and Laicks: And in

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the Laws it is often said, T'honne cwadoa, These we pronounce or appoint; and sometimes the single Person is used; and in other places, Us betweonan heoldan, It is holdcn betwixt us. Here we find the Great Council summoned by the King, and the constituent Parts of it to be she Clergy and Laity; yet still we find the Legislative Power in the King alone. ItiA p.444- ^° likewise m Title to King Edgar % Ecclesiastical Laws, it is thus: The Aa.Cb.96T* Laws which King Edgar, in a frequent Astembly or Council of the Servants of God, hathIbH. p. 455. ordained. Whereby you may fee, that the Enacting Part relates wholly to himself. The same KingEdgar, in his Charter to Glastonbury Abby, concludes it thus: Hone privilegii paginam Rex Edgarus, anno 12regni fui, facro feripto apud Londoniam communi Concilio optimatum fuorum confirmavit- So that though it appears this was in the Presence of a Great Council; yet the Granting and Enacting Part proceeded wholly from Himself.

Condi. 552. The Preface to the Laws of King Canutus, in Sir Henry Spelman, runs thus: T'lxfe are the WorldlyConstitutions, that I Will or Command, with my Wites Advice, that Men hold all over England. In most of the Chapters it is said, We teach, We bid, or command, We forbid: And in the Conclusion, it is in the single Person of the King,. NowI command all, and bid every Man in God's Name. And the Preface to the Latin Version of them faith, Hxc Junt Instituta Cnudi Regis Anglorum, Dacorum, Norwegarum, venerando fapientum concilio ejm, adlaudem & gloriam Dei, & fuam ReGest.Rerum galitatem, &c. Of this Canutm, William of Malmsbury faith, that he commanded lib. i. c. 11. to be observed for ever all the Laws of antient Kings, especially those made by KingEthelred his Predecessor, under the Penalty of the King's Fine, to the observing of which, he faith, that in his own time they were sworn to, under the Name of King Edward's Laws; not that he had appointed them, but had observed them. So that I think, upon the whole matter, nothing is more plain, than that our Englijh, Saxon, andDanish Kings, did not only call Councils, and preside in them, but that the Legislative Power was lodged solely in themselves.

F. I perceive the Authority of our ancient Lawyers is a little too hard for you to answer with your usual Distinctions; and therefore you seemingly deny their Authority, though in effect you grant it, as I shall shew you by and by: But as for your Quotation out of the Tear-Book, which you think sufficient to counterbalance all the Authorities I have brought, I think I may much better question the Judgment of those that gave that Opinion, since I can shew you that you yourself cannot allow it in all Points for Law: For in the first place, it is not there said, that it was so judged by all the Lords and Judges who were appointed to hear the Cause there mentioned; but only Fuit dit, que le Roy, &c. By which it seems to have been the private Opinion only of some one or more of the Lords or Judges there present: For it is not said, suit adjuge. And if you will have it to have been the Opinion of them all, pray read what follows after: Fuit dit quen temps le Roy Henry, & devant, le Roy fuit implede commeferoit autre homme de Peuple. Mes Edward Roy son fits ordeign que homme fueroit vers Roy per Peticion; Mesunques Roys ne feront adjugex.: Si nan per eux mefmes & lour Justices. So that if the former part of it be Law, the latter must be so too; and then it will directly contradict what you have quoted before out of Brailon: That in the time of Henry III. (in which he liv'd) there lay no Remedy against the King, but only by Petition: Whereas this Opinion makes him, 'before the time of Edward I. to have been liable to the fame legal Process with other Men. But notwithstanding, this Passage in the Tear-Book may very well bear a legal Interpretation, only by supplying what is indeed to be understood after the Words, non pas les Peers, & le Commune, [ viz. Sans asterndu Roy ] which as it was then true, so I hope it will ever be so.

But I think I can give you a much better Authority than this Tear-Book, to prove Ghaf. 21. where the Power of Making and Dispensing with Laws doth truly reside, viz..

The Solemn Declaration of the King, Lords and Commons, in the 25th of H. 8. (a Prince as jealous of his Prerogative as any of his Predecessors) where in the Preamble, read these Words: "It standeth therefore with Natural Equity and "good Reason, that in all and every sucb Humane Laws made within this "Realm, or induced into this Realm by the said Sufferance, Consents and Cusu torn, your Royal Majesty, and your Lords Spiritual and Temporal, and Com"mons, representing the whole State of your Realm, in this your High Court of "Parliament, have full Power and Authority not only to dispense with those,

"and tt and all other Humane Laws of this your Realm, as the Quality of the Persons ** and Matter shall require: Also the said Laws, and every of them, to abrogate, "annul, amplify and diminish, as it shall seem to your Majesty, and the Nobles u and Commons of your Realm, present in your Parliament, meet and conveni"ent for the Wealth of your Realm, &c. * Whereby you may plainly see, that the Power of Making, Abrogating, and also Dispensing with Laws, is by this Act ascribed jointly to the King, and the Two Houses of Parliament; and not to the King alone.

But though I do not affirm, that they have a Co-ordinate Power with the King in making Laws, yet they have a Co-operative Power therein, as yourself have granted; for what is Co-operation, but a Power of working together? and how can three distinct Bodies work together, without each contribute their share to pro-1 duce the intended Effect?

M. Perhaps I may have been too unwajy in my Expression: But gray answer, the Authorities I have brought from our ancient Engli/b Saxon Laws * wherein it seems plain to me, that the King had then the sole Legislative Power.

F. I grant, he had a chief Share in the Legislative Power; but not the Sole Power, that is, He could make no Laws but in the Great Council, and by their Consent: And this you might have seen as well as I, if you had not flily past by what made against you; and therefore, in the first place, to begin with your Instance of Off as giving that Boon to the Roman School, I think the Authority you bring for it is very slight: For though I own thatMatthew Paris, who writes his Lisey relates this Donation to have been made at Rome, without mentioning any Consent or Confirmation of his Great Council: Yet this seem* but an imperfect Account of the Matter ,• and according to the usual Way of the Monkish Writers of those Times, who are not so exact in such Matters as they should be: And therefore, though Offa did give, or vow these Pence at Rome; yet the Gift might receive its force from the Consent of his Great Council, after he came home: Since all his Laws, and the Acts of his Councils are lost, unless it be one, which Sir H. Sfelman hath given us from such Remains as have been saved out of the Libraries of several Monasteries at their Dissolution: And this contains no less than the Consent and Confirmation of his Great Council assembled at Cakuith, Anno 940. for the Foundation and Endowment of the Abby of St,Allans, as also that of another Council at Verulam, for the conferring of divers other Lands of his own to that Monastery. Now I leave it to any indifferent Man to judge, whether that King who could not bestow his own Demesnes upon the Church, without the Consent of the Common-Council of the Kingdom, could give away at once the 30th Penny of all his Subjects Estates for ever, without their Consents: I am sure the Donation of the same sort of Pence by King Ed-ward the Confejfor, which is now to be found among the Laws of KingPPiMamthe First, is said to be granted Omtmuni Concilio Regni, and that the Saxon Kings could not bestow their Lands upon Religious Uses. See Sir H. Sfelmans Councils, where Baldred King of Kent Spei.foncil. is an evident Example; who, though he had given the Manor of Mailings \nv'l'Xi}-?4°Sussex to Christ-Church, Canter bury; yet because his Principes, or Great Men, that is, his Great Council consented not thereto, it was revoked, until KingEgbert, and his Son Ethelwulf did afterwards renew the said Grant, with the Consent of n, p. 340; a Great Council held at Kingston, An. 840. as you may fee in the fame Volume, last cited. And I am sure after the Heptarchy, when our Kings were more power- / ful, the fame King Ethelwulf could not by his meer Prerogative grant the Tythes of his Subjects Estates to the Clergy, without the Consent of a Great Council of his Bishops and principal Men, held at Winchester, An. Gratia 8jj. and intituled thus; Celebris iUa donatio Ethelwulfi Regis decimamanfionis & omnium bonorum per ter- vu. VoL ram fuam Deo ?Jr Ecclesiœ fal~lx confirmatur. p. 34$.

As. I grant, that perhaps these Kings could not dispose of their own Lands, or the Estates of their Subjects, without the Consent of their Great Council, any more than the Kings of France could formerly; yet I hope they were absolute Monarchs for all that.

F. I beg your Pardon if I have been somewhat long in answering your Example os King Offa: But I will now shew you, that they could no more make Laws, than dispose of their own, or their Subjects Estates, without their Consent; and which you yourself might easily have seen* if you had pleased to have consulted 0 - Sir Ibid. torn, uSir Henry Spelman as diligently as you have done Mr.Lamhard: For there you p. »19. might have sound, that about the Year 712 King ha assembled a Great Council.

or Parliament wherein he made Ecclesiastical Laws concerning Marriages, efr. and Vid. Chronic did other things,ad concordiam publicam promovendam per commune Con/ilium, & Ajjert* Bromp. Col. sum Episcoporum,Principum, Procerum, Comitum, & omnium Sapientum Seniorum, & 848. tin. 54. popuhrum totimRegni- So likewise, if you will please to look into the Decem-Scrip~ tores, you will find how Altheftaris Laws were made by the Title of them, which runs thus: Hac sunt judicia qua Sapientes Exonia Confilio Adelfiani Regisinstituerunt, iterum apud Feuresham, & tertia vice apud Thundrcsfeldium, ubi hoc definitum\ Ftor. Wiirorti. jjmui& confirmatum est. So also King Ethelred held at London a Great Council, and A. D. 992. made Laws, ConfilioJujsuque Regis Anglorum Æthelredi, Procerumque suorum de ma Anglia, &c. Look also into the Title of KingEthelred's Laws in Bromptons ChroBrompt. ut nicle, where you will read these Words; Hoc eft Concilium quodEthelredmRex <&t sup. Col. 893, Sapientessui condixerunt adEmendationem ,& augmentum pads omni populoapudWodesto8f 4« cam in Mircena Landa, id est in terra Mircenorum, &c. Where by Concilium, must be

understood Law or Decree. To instance in one more out of the fame Author Uidi.C0l.S95. still, from the Title to another Set of Laws made by the fame King: Ha sunt Leges quas Ethelredm Rex & Sapientes sui conftitueruntapud Venetyngum ad Emendation Htm pads & felkitatis Incrementum. See likewise in Monasticon Anglicanum,the 1st Volume, Anno Dom. 1024- Canutm, Rex Anglia cum Confilio &Decreto Archiepiscoporum, Episcoporum,& Primatum suorum expulit Clericos inhoneste viventes ab Ecclefia Santli Edmundi, & tyLonachos in iliaconstituit. And the same King Cnute bestowed divers Lands, and other Privileges, on the Monastery then call dBriadricesworth (afterwards St. Edmundsbury) cum Confilio, & Decreto Archiepiscoporum, Episcoporum,Abbatum, Comitum aliorumque omnium Fidelium. The like we find in a Charter of King Edward the Confessor;by which he granted divers Lands and Privileges to the Abby of Westminster; Cum Confilio & DecretoArchiepiscoporum, Episcoporum, Comh turn aliorumque Optimatum.

From all-which it manifestly appears, that under the English Saxon Kings the Legislative, or Enacting Power, was in the Council of the Sapientes orWites, cotfjunctly with the King; and that none of these Saxon Kings could pass any Laws, or make any considerable Alteration in the State, without not only the Advice, but Consent of their Great Council; which then consisted of their Bishops, Great Lords, Principal Freeholders, and the Representatives of Cities and Towns, as "I shall prove another time, and was not left to the King, ad libitum, to call whom he pleased thereunto. And as the Word Decretum signifies Decree or Order; so likewise may the Word Confiliumhere signify something more than bare Advice, vk,. Agreement, or Appointment; which if you please to peruse any ordinary Dictionary, you may presently satisfy yourself in.

But before I dismiss this Argument} I cannot but remark upon your Instance of Vid. Gold- King Edmund'smaking Laws alone, because he there speaks in the first Person plumw'i Dift. ral; whereas if you will but consult the Proem to those Laws once again, you will, I doubt not, be satisfied of the contrary, for the Words are: Thathaving ask'd Advice of the Council or Assembly os Clergy and Laicks, that it seemed good to them all, as •well asto the King, and therefore we thm ordain: By which it appears, that the lastWords, wherein the Ordaining partresides, refer as well to the whole Assembly, as to the King.

M. The Government of our English Saxon Kings, is, I confess, very dark and obscure; though, according to our* ancient Historians, they seem to have been very absolute; though when we come to look into the Laws themselves, I confess they seem rather to have been limited Kings, than absolute Monarchs; though whether that Limitation proceeded from the original Constitution of the Government, or their own free Consent and Concessions, is a very great Question; though I rather incline to the former, and shall give you my Reasons for it when we come to discourse on that Subject: But in the mean time, I must tell you in Reply to what you have said, that if we consider the Times not long after the Conquest, you will find the Supreme Legislative Power to have been then wholly in the King (as it is so still) notwithstanding some ambiguous Expressions to the contrary; or else our Kings would not be, what I think they really are, absolute H.S.B.I). Monarchs. But to descend to Times less obscure, it is certain, that when the /.720,-21. Norma}J Conqueror first came in, as he won the Kingdom by the Sword, so did

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I

 Dialogue the Fifth. iij

he govern it by his Sole Power: His Sword was then the Scepter, and his Will the Law: There was no need on his part of an Act of Parliaments much less of calling all the Estates together to know of them after what Form, and by what • Laws they would be governed. It might as well be said of him, as in the flourishing and best Times of the Roman Emperors; Qttod Principi placuh, legis habet Vtgorem, that whatsoever the King willed, did pass for Law. This King, and some of his Successors, being then Ux^tuttUtc, and having a Despotical Power over the Lives and Fortunes of their Subjects, which they disposed of for the Benefit of their Friends and Followers,Normans, French and Flemmmgi, as to them seem'd best, i But as the Subjects found the Yoke to be too heavy and insupportable; so they addressed themselves in their-Petitions to the Kings their Sovereigns* . to have that Yoke made easier, and their Burden lighter, especially in such Particulars of which they were most sensible at the present time. By this means they obtaih'd, first to have the Laws of Edward the Confeffor; and by the fame (that is to fay, by pouring out their Prayers and Desires unto themj did they obtain most ot" the Laws and Statutes which are Bow remaining of King Henry the Third and Ring Edward the First. From whom, as also from HenryI. and King John, we m»y derive all those Privileges we noWlehjoy; most of which, as they were issued at the first, either in form of Charters under the Great Seal, or else as Proclamations of Grace and Favour; so do they carry still this Mark of their first procuring by these Expressions, "The King wiffeth, the King commandeth, theKing ordaintth, the King pro-vtdeth, the King grants, &c. And when the Kings were pleased to call their Estates together, it was not out of an opinion that they could not part with their Power, or dispense their Favours as they thought good, or abate any thing jof the Severity of their former Government without the Approbation and Consent of their People; but out of a just Fear, lest any one of the Three Estates (I mean the Clergy, Nobility, and the Commons) should insist on any thing which might be prejudicial to the other two. The Commons being always on the craving Part, and suffering as much perhaps from their immediate Lords, as from their King, might possibly have asked some things which were as much derogatory to the Lords, (under whom they held) as of their Sovereign Liege the King, the chief Lord of all. In this respect the Council and Consent, as well of the Prelates as the Temporal Lords, was accounted necessary in passing of all Acts of Grace and Favour to the People: Because that having many Royalties, and large Immunities of their own, with a more near relation to the Person, and a greater Interest in the Honour of their Lord the King; nothing should pass unto the Prejudice and Diminution of their own Estates, or the Disabling of the King to support his Sovereignty.

F. I confess you have given a plausible Account concerning the Government of William I. whom you call theConqueror.- Whereas if it be more exactly look'd into, it will be found that he had no more Power of making Laws without the Consent of his Great Council, than any of his Predecessors; neither had lie any such Despotical Power as you imagine, over the Lives and Fortunes of all his Subjects; for whether we consider them as Normans,French or Flemmings, or whether as Englijh, it will be all one: For if, as Dr. Brady supposes, these latter were quite turned out of their Estates, and that they were by him wholly given to the former; then these French andNormans, being Conquerors together with him, would never have submitted to any other Government than what they enjoyed in their own Countries, each of which was then governed by Kings or Dukes, together with a Great Council, or Assembly of the Estates: And we find, that when succeeding Kings would have oppressed and tyrannized over their Heirs and Descendants, they, together with the old Englijh, took up Arms, and defended their Liberties , and never laid them down until they had obtained their just Rights and Liberties contain'd in the Great Charters of Kingjfohn, and Henry the Third. And which (as Mattr. Paris himself tells us in the Reign ofKingjohn) contained for Anno the greatest pan the ancient Laws and Customs of the Kingdom: And therefore by the Statute, called Confirmatio Chartarum, 2 j Edw. I. it is adjudged in full Parliament, Tliat the Great Charter,and Charter of the Forest, jhall be taken at Common Law. So that they were not any new Grants, but rather Confirmations of their ancienc Rights and Liberties, as my Lord Coke very well observes in his excellent Preface to his id Institutes; where he tells us, That Magna Charta is for the must f<vt de*




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claratory of the principal Grounds of the Fundamental Laws of England; and far the Residue, is Additional tosupply some Dejcils of the Common Law: With whom likewise agrees one of his learned Successors, the lace Earl of Clarendon, in his Survey of the Ijeviaihan, when he tells us, That those Laws 'and Customs which were btforethe Conquest, are the fame which this Nation or Kingdom have been ever since governed by to this Day. ■-}.'*• ••TMr- "

And as for the Laws of Edward tlx Confessor, though it is true, that William the Conqueror regfanted and confirmed them; yet was it no more than what he was oblig'd in Conscience and Honour to perform and observe, .since he was admitted to the Crown by the general Consent of the Clergy, Nobility and People; and at his Coronation (as well as afterward) swore to observe the Laws of Ring Edward: And by the way, though these Laws are caUed the Laws of King Edward, yet William of Malmsbury long since observ'd, That thy were calledhis Laws, Non quas tulit, fed quas obfervaverit; that\i% he had only collected them into one body, and ratified them with the Assent of his Great.Gouncil. And that these.Laws were more than once sworn to, and confirmed by-King William himself, appears by the Story of Frederick Abbat of St. <&lbans, who frighted him into a Confirmation of them by Oath, for fear of , a general Insurrection of the People: So that if he, or his Son Rufmimade any Breaches upon their Liberties, they were, ex postliminio ,. restored to them by the Magna Charm's ofHenry I. King Stephen^ King Henry II. King John, and King,Henry the Third. And those Oppressions, contrary thereunto, are branded by all Historians as notorious Perjuries and Wrongs to the Subjects. , ■■, • 'i- . -• ''

But that King William the First altered nothing material in the Fundamental Constitutions of the Government, whatever he might do in some less material Customs or Laws, which he brought with him out of his own Country, appears plainly by this, which you cannot deny, that he often assembled his Great Council, (as hisEnglish Predecessors had done) and that in them were dispatched all the great Causes and Complaints of the Kingdom. And for this, I will give you the Testimony of two very ancient Historians: The first is Radolphm deDiceto, who in Anno 1071, tells us, That the Plaint of Wulstan Bijhop of Worcester, was heard and ended inConsilio celebrato in loco qui vocatur Pedreda, coram Rege, & Doroberniæ Archiepifcopo, & Primatibm totimRegni. The next is Gervasitu Do_ robernensis, who thus relates it of Lanfranc Archbishop of Canterbury;Eligentibm eum Senioribm ejufdem Ecclesia, & Epifcopis, ac Prjncipibus, Clero, & Populo Anglian, in CuriaRegis, in Afjumptione SanSla Maria. Here the Epifcopi & Principes, Bis" hops and Princes, the Cleri & Populus,the Clergy and People, or Laity, were the fame Persons, and only expressive of one another, and all had Votes in this Election. -; \ . • ''.'/;• •■

M. I pray give me leave to interrupt you a litjle: 1 will not deny but that the Conqueror did often assemble Great Councils of his Bishops, and Great Lords, commonly called in Historians, Principes or Primates; yet I think I may boldly affirm, that there were no Englishmen in those Councils, or that they made any Laws for the Benefit of Englishmen, who were kept under by those Normans, who then enjoyed their Estates; much less was there any such thing as Commons either by themselves, or their Representatives in those Assemblies, which then consisted wholly of the King's Feudal Tenants in Capite, and of no other, as Dr. B. hath very plainly sliewn us: And when King William made Laws, it is much to be doubted whether he made them so much as with the Consent of his Great Council, or not ; for the Title to the French and Latin Copies of his Laws, runs thus, put into English, These are the Laws and Customs which William the King granted to all his People of England afterthe Conquest, or Subduing of the Land: They are the fame which Edward the King, his Kinsman, before himobserved. In this Preface we have only to note, that the Laws are exprefly said to be the King's Grant, and the Supplemental Laws writ in the Red Book of the Exchequer, are by way of Charter, or Grant, thus; Wilhelmus RexAnglorum, &c. Omnibus hominibus fuis Francis, &Anglis, falutem; and all along the Authoritative Parts are expressed by Statuimus, volumus, interdicimus, prohibemus, prxcipimus. So that by .these Expressions in his Laws, the absolute Sovereignty of the Conqueror in the point of Law-giving is manifest. I shall content myself with a very few Authorities, because the matter is so plain; Ordericus Vitalis faith thus, Eamque (i. e. England)Gulielmus Rex fuis Legibus com

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. \ -■■; Dialogue the Fifth. ztt;:

mode fubegh. And Eadmer, Contemporary with the Conqueror, in his History^
thus; Ufus atc/ite leges, qucu patres fui, & if se in Normannia fokbant, in Angliascribere Fol. 6.
volem: Cuntta divitui, Jimul & humana ejus nutum expetlabaht. From whence you
may fee, that all Matters, as well Spiritual as Temporal, depended upon his sole
Will.

And though we have no particular Account of what Laws his Son William Rufus made, yet we may presume, according to the Testimony of Historians, that he was altogether as absolute in those Councils he call'd, as his Father, as may be seen in Eadmerus his Account of his Transactions with Archbishop Anselm. So that it is certain he governed by his own absolute Authority, raising what Money he pleas'd upon his Subjects. 'Tis true, that in the Reign of his Successor Henry the First, the People found some little Relaxation, by reason of the Charter he made them, containing several Mitigations of the Severity of the Feudal Laws, as also those of Forests; yet even, these are said to be made by his own single Grant and Authority, though I confess it was granted in a Great Council. So likewise in Florence ^ of Worcester, we find that in 28 of Henry I. 'that King confirmed the Ails of a Sy- PaT^o;.nod, or Council of the Clergy of the Province of Cantetbury, and gave his Royal Assent to them. • • • •

As for King Stephen, though .he was a notorious Usurper, andsetupandcrown'd by a Faction ofBisliops, and some few Temporal Lords; and that not long after J. K. M.G. his Coronation, he in a Great Council at Oxfordgranted to all his Subjects another P*g- * 15Charter of divers Privileges, and Freedoms from the former Exactions: Yet the Words^of the Charter are in his own Name, and by his own Authority solely, as • • appears by these Words; Observari pracipio, & cofistituo. But Richard, Prior of • fkxham alias Hagulstad, in his Chronicle, closes his Charter thus; Hxc omnia con- y^, x. Scrip! cedo,&confirmofalvaRegia, £s jttfta Dignitate mea. From which Words it is plain, CW. 314. that he never meant to patt with any of the just and neceflary Prerogatives of his Anno "S^Crown,.. ' " j tl, -. . \:'„- -v. •■'

! So likewise King Henry the Sdcond, in a Great or General Council held at London, v«l. Spei.Conconfirmed the Great Charter granted by King Henry the First, his Grandfather;."/. tom.i. b.ut this Charter also runs wholly in the King's own Name, without any mention/"'- 54of its being assented to either by the Bifliops or Nobles: And as for the Constitutions made at the Great Council of Clarendon, though that King made the Archbishop?, Bishops, with all the Clergy, as also the Earls, Barons and Nobility, all swear to observe them; yet the enacting Part proceeded only from the King, as appears , by their <yery Title thus, Afstjfœ Henrici Regis. faBa apudClarendon, &c. And .Mat. Paris concludes these Constitutions with, Decrevit enim Rex. From

Ehence, it appears*, that it was the King alone that decreed and constituted those I I jhftftiflet faymuch, of fhelGreat Councils in Richard the First's Time, since he /„ pw finedid not reign long enough to.call many, but-in that held at Nottingham, we find.<fc«, f. 419«b4FtbSKing 'dilfefeedjGo-ctr«L<se Canville and others ; and that the King appoin- , fed to be given, him t,Wo Shillings on every Carucate of Land throughout England, CSre. Ftprn whenceil.ihjall observe that the Wotds Rex pracepti, confiituit, Sfc. as they areinithis HiftoriarjE.jfiiew, that: -the King then had solely the authoritative Power otA^ng all Coafultatioins^of,, these Councils into binding Lawst, even where Money'.wastQ be levied on the,Subjects, and.that seizure was to be made of their Estates.,, But to come; to the mor^jtrx)uipleforne and perplex'd Reign of King John,: ifcWhich there were many Gre*rÆounciIs J-.ol.denj yet Lsliallinstance but in some fjw'of them mentions in Mat. Paris, as t,ha*.of St.Album, hs\A-\xf>.Jiffery Fitx.-J>1. *ot. f$er and the Bifhpg^of Winchester, in this -KiOg's Absence, - where exparte Regis it vras firmly enj'oyn.'dj..underpenafryiof LiseLa.np, Limb,;that the Laws ot King ÆfeByi, feist Grand^t.her, fliquhl bft. kept byj.all iu his Kingdom. FrOm whence wfc wa^roWerye, that the Laws,ha_d their .Fq£<e only seomthe King's Authority, as JPPWs by this,Expression, ,expqype J&gisfirmer est,pm<.eptum.And-.when afterWife.at^www^gii^t.^^a^j^BipeU^ to sign the first Qfogto Charta,. I own it was done^ki- a Grea^jf&uncil of Bjsliops, Eajrjs and Barons, as well those who stood forjhinj a^^ainst,himl:..yet that it proceeded wholly from lus own good. Will, is plain frpm ^jSbarta deffbjtsta of thisiKihg, as.appears by. these Words,. lAd emendationem^jgn^nostri, fjMVtatua, & fy»a <yoluntate noftra dedimm concejp.mwpfo nobis, & j,E. M.G. b^Mmxeft);!!, hMj^cyatesJubscv'iptfti. From, all whichQ»«ers of Liberties wcp. 211.

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may conclude, that the Petitions of the People were drawn into the Form of a Charter, and passed under the King's Seal as his meer voluntary free Grants and Concessions, without their Votes, Suffrages and Authority. And sometimes such Rights of Liberties have been bestowed and declared by our Kings, by way of Answer to the Petitions of the Lords and Commons; and that this Custom is not yet discontinued, appears by the Answer of KingCharles the First to the Petition of Right* when no other Answer would please the Commons but the King's express Assent to their Petition, in these Words, Smt DroiEt fiuB comrne est desire. But to return to the Reign of King Henry the Third. *

F. I beseech you, Sir, give me leave now to answer what you have already alledged out os our Historians for the Supreme and Absolute Power of our Kings, before we proceed further to less obscure Times. And therefore I must tell you, that you have in this long Speech of yours made use of all the Artifice 'of an Advocate for a Party,vrz* in urging all that can any way make for you, and slily passing ^ over whatsoever may make against you- And to begin with your Story of King ^ William the First, I shall not now dispute whether there were any Englishmenin those Great Councils, or whether they consisted only of Tenants in Capite, since I shall defer that Question till anon. But as for the Englijb you have put upon the French Title of the Laws of this King, it is not fairly rendered; for in the French it is, Apres le Conquest de la terre, which doth not always signisie a subduing byForce, but by any other ways of Acquisition different from that of Hereditary Succession; Matt. Paris, whichMatt. Paris was long since aware of, when, writing of this King, he fays, Rex p. 941. Anglia ex Cottquestudicitur, tamen quod beattu Edvardm, eo quod harede caruit, Regnum Sir H. Spell, kgavit Willielmo BastardoDuci Ncftnannorum. With whom Sir Henry SpeUman, in his Gltf. Tit. Glossary, agrees, WtHtelmm primtuConqueftor dicitur, quia Angliam conquisivit, i. e. onquejtus. ^^jjfcj^ purchased, non quodsubegit. And the learned Sir 'John Skene, in his Book • Tag. 39. Tit. de verborumsignificatione, writes thus, Conquestm signifiesLands quhilk ony Person «S Conquejl. quiris and pojsejjis, privato Jure, vel fingulari titulo, vel donatione,velsingulars aliquo contraEht. And therefore 1 very much doubt, whether or no the Latin Version of these Words, Ap es le Conquest de la terre, post subaSiam termm, be as antient as the French Original, and be not rather the Version of some Clerk or Monk who lived long after.

But whether these Laws were not intended as well for the benefit of the English as Norman Subjects, I appeal to this Title itself, tho' you have omitted patt of if, V. Lrges Ha sunt Leges & Consuetudines quas Gulielmtu Rexconceffit Unrverfo Populo Anglia post Gull. I. Edit.subaftam terram. So that unless the English were none of the People of England, fra/mf £^e^e ^aws were as we^ intended ft>r the one as the other: And I appeal to that Archaiomm.Charter of King William you have now quoted, whether or rio it doth not begin, per Rog. Omnibni hominibussuis Francis & Anglis; by which Words certainly the English, as Iviisden. well as Normans, had an interest in those Laws and Privileges therein granted. I mention this only by the by, in answer to what you have said, 1 J

But to return to what I am chiefly concerned to speak of, the King's sole Legislative Power. In the first place, I shall not deny, but as this Kingdom is a limited Monatchy, so it is suitable to the Honour and Dignity of the Monarch, that all Laws and Constitutions should run in his Name, and are often said to be made by him, tho' in a Political or Legal Sense, they could not be made without the Advice and Consent of his Great Council or Parliament. And that this was the Custom in the Time of William the First, as of all others his Successors, I needau. p. 170. quote only the 55 th Law of this King, in these Words, Prout Statutum est eis (scH* Liberifhominibus) & illis a nobis datum & concejsum jure hareditarh in perpetuum, per Commune Concilium totiusRegni nostri pradifh. From whence you may observes that this King could not then make Laws without the Consent of the Commott' , Council of his whole Kingdom: And tho' he might do many arbitrary and illegal Things to the prejudice of the old English Liberties, yet this was no more his Right, nor any more to be quoted as a Precedent, than his seizing upon the B^ ihops and Abbots Lands, and violently taking away the Plate out of Churches and Monasteries (as Historians tell us he did) cOuld give him a Right to them. • I have not much to observe upon the Reign of WiUiam Rusus, since we have pone of his Laws left us, if ever he made any. But thus much we plainly find from the Historians, and especially Eadmerus, that he called divers Great Councils of all the Nobility of the Kingdom; especially about his difference with Anselm,

whom,

whom, it is plain, he could not condemn without the Consent of this Great Council. But to come to the Reign of King Henry the First, it appears plainly by W. Malmsbury and Matt. Paris, that he was elected and crowned King by the common Suffrages and Favour of the Clergy and People; and certainly that Council, whose Votes could make a King, was also necessary to all such Laws as he was to make : And you yourself have granted, that this Charter of his was made in a Great Council; and it appears in Matt. Paris, as also in the Laws of this King, p# Pm cpublished by Mr. Lambard, "Ihat the Archbijhops, Bishops, Barons, Earls, Viscounts, or p. 62. '*' Sheriffs,Optimates .& totius Regni Anglia, were Witnesses to this Chai ter. And I can tell you of a very antient Charter of King John, which recites that those Chart* modeLaws were made de Communi Conjilio, & AJsensu BdronumRegni Anglix. It being rations feodi usual in succeeding Ages, at the Coronations of our English Kings, to confirm, M^gniSMli. make and ordain Laws, de AJsensu Baronum Regni, vel per Commune Concilium RevnLL'^'jl

. r ■ it T o J van. in Arc hi"

1. e. the Parliament, as it was afterwards called. VIS ArchUpis

As for Hemy the Second's Reign, it is apparent by the Laws of this King, in copi. Cant. SpeUmans Councils, that he granted his Charter in a Great or General Council, and consequently they must likewise give their Assents to it, as well as to that of his Grandfather Henry the First. And tho' in the Constitutions of Clarendon, the King alone is said to have made or decreed them; yet nothing is plainer than that the King could not make them without the Advice and Consent of his Great Council; or else to what purpose were they to be called? and if their Assent was necessary, certainly they had also a hand in making those Constitutions.

But that the King could not condemn any Peer or Great Man of the Kingdom in those Days, without a legal Tryal in the Great Council of the Kingdom, I need go no further than a Council summoned by Hubert Archbishop of Canterbury, as King Richard's Justiciary in his Absence ,• where Roger Hoveden tells us, that having shewed the Letters of Earl John to the Bishops, Earls and Barons, per Com-' mum Concilium Regni definitum efl, quodComes Johannes dijsaifietur; which interprets that Passage you have quoted out of the fame Author, that the King, in a Great Council, diseized Gerard Canville and others; that is, by the Authority and Sentence of the said Council. And so likewise in the same Sense is to be understood those Words you mentioned, The King appointedto be given him, constituit Jibi darif two Shillings on every Plough-land; that is, he desired it to be given him by them : For if he could have taken it without their Consent, to what purpose did he propose it in that Council ? if he could have absolutely demanded it, why should he only request or desire it of them?

So likewise for the Great Council in King John's Time,, nothing is more plain than that they were Parties to all the 1 Laws that were made in his Time; and that even the Great Charter was a Statute to which their Assent was likewise necessary, I shall shew you by and by, when I come to speak of the Great Charter of King Henry the Third, and the several Confirmations of it by his Successors. But if either William Rufus, King John, or any other King, ever levied any Taxes upon the People, without Consent of the Great Council or Parliament, it was contrary to our ancient Laws and the Liberties of the Subjects, and particularly to the 55th Law of William the First (part of which I have already cited) It begins thus; Volumus etiam ac firmiter pracipimus & concedimus, ut omnes.liberihomines totius Monarchies Regni nostri pradiBi habeant, & teneant terras suas, & pojsejjiones suas, bene & inpace libere ab omni exaShone injufta, & ab omni "Tallagio ; ita quod nihil ab eis exigatiir, vel capiatur, nifiServitium suum liberum, quod de jure nobis T facere debent, &facet e iemntur, & prout Jlatutum est eis, &c. So that whatsoever was done at any time contrary to this Statute was illegal, and consequently ought not to be quoted as any part of the King's Prerogative.

But that the Nobility and People of England had divers Rights and Liberties before the Time of King John, and of his granting that Charter, appears by its Conclusion in these Words; Sahis Archiepijcopis, Abbatibus, Prioribus,Templariis, In Matt. Hospitalariis, Comitibus, Baronibus, Militibus, & omnibus altis tarn Ecclejiasticis, PersonisPar"'" v,tf quamsecularibus libertatibus, qudsprius habuerunt. And as for the rest of the Liber- t'A° TMms' ties granted by this Charter, tho' they are said to have' been granted from the?" 'J: King's meer good Will, yet that is recited only to make it more strong against himself, .'since the Nob'Lty and People of England claimed those Liberties as their ancient undoubted Right. And the fame Author (as I have already hinted) Idem 254.

Gg 2 exprefly

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exprefly tells us, that this Charter contained Maxima ex fane leges antiques.

And a little lower he relates where those Liberties were to be found, Capitula quoque legum & Itbertatumqua ibi Magnates confirmari quxrebant partim in Charta Regis Henrici fuperim fcripta sum, fartimque ex LegibmRegis Edwardi antiquis excerpta. So that they were not only the effect of the King's meer Grace and Favour, as you suppose. But if you please now to descend to the Reign os Henry the Third, and so downward, from which Time our eldest printed Statutes bare Date, let us fee if I cannot answer all those Arguments which the Gentlemen of your Opinion have thence brought for the King's sole legislative Power.

As. Tho' I do not allow of your Notion of the Conqueror's not being properly and really so, as I shall shew you another Time, when I shall more particularly consider that Argument of the Right of Conquest in King Williamand all his Successors ; therefore I do at present readily assent to your Proposal, and it was the very thing I was coming to : And therefore I stall begin with the Magna Charta of Henry the Third, which begins thus, Know ye,that we of our meer and free Will have given these Liberties. The Statute de Scaccario, anno 51 Hen. 3. begins thus; "The King commandeth that all manner of Bayliffs, Sec. The Statute de DistriBione Scaccarii made the fame Year, runs thus; It is provided and ordained. The King •wiUeth. The S.atute of Malbridge 52 Hen. $.And he, i. e.the King, hath appointed all these Atis, Ordinances and Statutes to be observed of all his Subject's. If we come to the Reign of his Son Edward the First, and begin with the Statute of "Westminster, 1. it is there said in the Preamble, 'these are the Acts of King Edward the First, made at his first Parliament by his Council, and by theAssent of the Archbifiops, Bishops, &c. And in the first Chapter 'tis said, The King hath ordained and establishedthese A&s. And tho' I grant that in divers Statutes of this King, as in this of Westminster, it is recited that the King, by the Advice of his Council, or Assent of the Archbifcops, Bishops, Earls, Barons, &c. have made, provided, ordained or establisted such and such Laws; yet it is plain, that the enacting or decreeing part is wholly ascribed to the King, in all those Statutes wherein such Words are found, as I stall make it appear more plainly by the Statute of Aclon Burnel, made in 13 Edw. I. where it is said, The King by himself, and all his Council hathordained and established. And in the Statute of Westminster 3.18 Edw. I. chap. 1. Our Lord the King, in hisParliament at Westminster, at the Instance of the great Men of the Realm, hath granted, provided and ordained.In the Statute De its qui ponendi sum in AJJizes, 11 Edw. I. Our Lord the King in his Parliament holden, &c.hath ordained, that, &c. The Statute of Quo Warranto 18 Edw. I. runs thus; Our Lord the King, at hisParliament holden at Westminster, of his special Grace, and for the AffeBion he beareth unto his Prelates, Earlsand Barons, hath granted, that, See. 1 Edw. II. begins thus; Our Lord the King hath granted. The Statute ofGavelet, 10 Edw. II. begins thus; It is provided by our Lord tlx King, and his Justices. The Statute of Carlisle, 15 Edw. II. begins thus j "she King unto the Justices of his Bench fendeth greeting. Whereat of late vie haveordained, &c.

But if we come to the Reign of his Son Edward the Third, the Prefaces to most of the Statutes made in his Reign run thus; Our Lord the King, by the Assent of the Prelates, Earls, &c. and at the Request of his People,hath granted and establijbed j or else at the Request of the Commonalty, hath ordained, &o The like Stile continued during the Reigns of Richard the Second, Henry the Fourth and Henry the Fifth, with very little Alteration only it ran thus commonly; At the Request of the Prelates, t Dukes, Earls and Barons, and at theInstance and special Request of the Commons, the King hath ordained, &c. Whereby we fee a plain difference in the Phrases of the Statutes of those Times; for it is the Lords that give their Assent, whereas the Commons only Petitioned; but it is the King alone who ordains and esiablistes. I confess indeed, that under some Princes of bad Titles, as in particular, under the Minority of Henry the Sixth, there began some Alteration in the form of penning the enacting part of most Statutes that were then made, and that unto those usual Words, which were inserted ordinarily into the Body of the Acts, from the IT. S. B. R.p. beginning of the Reign of that King, viz.. bythe Advice and Assent of the Lords Spi711; ritual and Temporal, and at the special Instance and Request of theCommons, there was

added, by the Authority of the said Parliament. But it is still to be observed, that tho' these Words were added to the former Clause, yet the Power of granting and ordaining was still acknowledged to belong to the King alone, as appears by these



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Acts of Parliament of that King, viz,, 2 Hen. VI. ch. 2. 8 Hen, VI. cb. 2. Where it is said,, 0«r i«W King, by theAdvice and Assent, and at the Request aforesaid, hath ordained and granted, or ordained and established by theAuthority of this Parliament. And thus it generally stood (tho' a general Rule may have some Exceptions) till the beginning of the Reign of Henry the Seventh, about which time, that usual Clause at the special Instance orRequest os the Commons, began by little and little to be laid aside, and that of their Advice or Assent, to be inserted in the place thereof: For which I do refer you to the Statute Book at large; which Form, I confess, continues to this Day ; yet even in Henry the Seventh's Time, in the first of that King and the seventh Chapter it runs in this Stile, 'the King our Sovereign Lord, of bis noble and abundant Grace, by the Advice andAJfent of theLords Spiritual and Temporal, at the Supplication of the Commons in the said Parliament assembled, and byAuthority of the same, ordaineth. And tho' the Statutes of Henry the Eighth do generally agree in their Stile with those of his Father; yet in his Time also many Acts were drawn up in Form of Petitions; as 3 Hen. VIII. ch. 14.Praying your Highness, the Commons in this present Parliament assembled. And 5 Hen. VIII. ch. 4. Praying theCommons in this present Parliament. And in the Reign of his Son Edward the Sixth, tho' I grant that most of his Acts do run in the usual Form; yet this one is very remarkable, 1 Edw. VI. ch. 4. Wherefore the King ourSovereign Lord, &c. at the humble Petition and Suit of the Lords and Commons in this present Parliamentassembled, doth Declare, Ordain and Enatl, by the Assent of the Lords Spiritual and Temporal, andthe%om- .mons in this present Parliament assembled, and by the Authority of the same: which last Words, tho* they may seem to refer to the Parliament, and may make Men think H. S. B. B.p. that the Lords and Commons did then pretend some Title unto the Power of ma- 712. king Laws: Yet neither Advising nor Assenting are so operative in the present Case,as to trans ferthe Power of making Laws to such as do advise about them, or assent unto them. Nor can the Alteration of the Forms and Stiles used in antient Times import an Alteration of the Form of Government, unless it can be shewed (as I think it cannot) that any of our Kings did renounce that Power which properly and solely did belong unto them, or did by any solemn Act of Communication confer the same upon the Lords and Commons convened in Parliament: And therefore upon the whole Matter, since in almost all our most antient Statutes, p. F# Q it is precisely, express'd that they were made by the King himself; the meaning of 41." those general Words used in latter Times, that the Statutes are made by Authority of Parliament, are particularly explained in former Statutes, viz.. That the King Ordaineth, the Lords Advise, the Commons Consent, as by comparing the Writs with the Statutes that expound the Writs will evidently appear.

F. In answer to those Authorities you have now brought, I doubt not but I shall give you others of as great weight, that prove the direct contrary to what you now assert. To begin with your Instance of Magna Charta, I shall shew that those Charters that were granted and confirmed by Henry the Third, were not his Acts or Grants alone, but the Acts also of the whole Kingdom represented in Parliament. We have two express Declarations for the one, in the 25th c&Mam.ifi. King Edward the First; where is to be found in the Parliament Roll of that Year, a Confirmation of the great Charter of Liberties and Forests, in these Words, which I shall render to you inEnglish, out of the old French, for your better understanding. Know ye, that the Honour of God and HolyChurch, and for the profit of our whole Realm; We have granted for m and to our Heirs, that the Great Charter ofFranchises and Forests, which were made by the common Assent of the whole Realm, in the "Time of King Henryour Father, should be held in all Points without any Blemijhment. So like- N. 50. Dorfi. wise we find another Confirmation of those Charters in the Parliament Rolls of the 1 jth Year of Edward the Third, which being in oldFrench I shall render it into English. Imprimis, It is accorded and assented, that the Franchise of Holy Churchand the Great Charter of Forest, and the other Statutes made by our said Lord the King, and his Progenitors thePeers and the Commons of the Land, for the common profit of the People, shall be firmly kept and maintained inall Points. So that you may hence plainly fee, that the King himself, with the .whole Parliament, declare, and that in two several Kings Reigns, that the Great Charters were not only the free Grants of King Henry, but also the joint Acts of the Common Council of the whole Kingdom; and why King John's Charter should not be made by the like Authority, being one of his x Progenitors, I see no reason, especially if we consider that that Charter was first

drawn

drawn up by the Barons in the Form in which we find it, and was passed by that King, under his Great Seal, in that vast General Council or Assembly at Running; mead. And certainly, whoever can draw up a Law, and can offer it to a Prince to confirm, and without whose Consent and Acceptance it would not be good, must needs have a sliare in the making of it.

As for your other Instances of those old Statutes made in the Reign of Henry the Third, though I grant they begin, as you fay, in the King's Name : Yet if you would but have read a little further, you would have found that in divers of them the Bishops, Earls and Barons gave their Consents to them : And for the Proof of this I shall begin with one of the antientest Statutes we have left us, viz.. that of io H. 3. Merton, in the Preamble of which it is recited, Provisum e/1 in Curia Domini Regis apud Merton, where after the Parties that were present at the making of the Laws it concludes thus in the Latin Copies, ita provisum eft & concejsum tarn a prœdiblisArchiepifcopis, Episcopis, Comitibm, Baronibns, quam ab ipso Rege, ejr aliis; where you fee the providing and enacting part is ascribed to the Bishops, Earls and Barons, as well as to the King, who is here mentioned almost last of all. And tho' I confess that there was then no set Form of penning of Statutes in that honest and plain Age, when Parliaments did not last so many Days as they do now Weeks; and that the King's Judges and Council drew up the Acts, after the Parliament was up, in what Form they pleased, sometimes leaving out any mention of the Bishops, sonVetimes of uhe Temporal Lords, and most commonly of the Commons; yet that they did all give their Consents to such Acts, appears by the Statute of Westminster 1. which you have already cited, where the Assent of the Archbishops, Bishops, &c. Counts, Earls, Barons, and all the Commonalty of the Land, is exprefly mentioned. So likewise the Statute of the yist Year of King Henry the Third, concerning Measures, begins thus;Per ordinationes totius Regni Anglia suit menfuru Domini Regis compojita. ■ .1.;:

But farther to convince you, that in the Opinion of the Lord Chancellor, and those learned Judges who framed the Writs that were issued out upon any of these antient Statutes, you will find that they who lived in those very Times, believed those Statutes were made not by the King alone, but by him and the Common Council of the Kingdom; which Writs, as you may fee in the Register Yt. R'g'st- of Writs, runs thus; RexVicecom, &c.Salut. SiAfecerit, &c. tune fummonias,&c. B. Bnv. p. 174- quod Jit cor am Justiciary s, &c. Ostenfuru quare, cum deCommuni Concilia Regni Nostii M ^Ttuium ■d"gI''el'rovifU7f' fi> &c- as you may fee in the Writs granted upon the Statutes of Brevia'dcSta-Magna Charta, Marlbridge, Merton, Glocesier, &c. which have all of them this or thetuttm like Recitals, cumde Statuto,or juxta formam Statuti, de Coummuni Concilia Regni noftri

Ang. indeprovist. The like Instances I could give you upon the Statute of Ma, Ib: idge, and divers other old Statutes, in which the King, by the Statute itself, seems only to have enacted it; and yet you may fee that our Sages of the Law were very well convinced that those Statutes were made not by the King alone, but by the whole Common Council of England: So that there is no avoiding the Conclusion, that the Great Council, or Parliament, had then a great Share in the Legislative Power; unless you can suppose the King alone to have been the whole Common Council of the Kingdom, mentioned in these antient Writs.

But as for the rest of your Instances of Edward the Second's and Edward the Third's Times, I think I can shew you that there is no general Rule to be drawn, from some few Examples; for though it is very true that the first ofEdward the Second begins thus; Our L<n>d the King hath granted, &c. Yet it is plain, by the Statute itself, that it was made in and with the Assent of Parliament. The like I may fay of the rest of the Statutes of this King's Reign, though they do not all agree in Form, as you may fee by the Statute of Sheriffs, 9 Edw. IL Our Lord theKmg,by the A/sent of the Prelates,\Earls, Barons, and other great Estates, hath ordained and established. And though you would fain draw some mighty Consequence from those Phrases in the Statutes oŒdwardthc Third, and many of his Successors, by the A/sent of the Lords, and at the Request of the Commons; as if the Consent of the latter were not as necessary as the former :Yet indeed it is a meer difference in Form, and proceeds only from hence, that that Estate which found itself grieved, always Petitioned the King for Redress, and which amounted to as much as a Consent; for you shall always find that the petitioning Partstill refers to that Body which was then oppressed, without their giving any other Assent; for certainly their requesting to have an

Act \

Act made, doth necessarily express their Consent. And to prove what I have now said by Examples, pray see the 8th of Hen. VI. c. i. where it is recited in the Preamble, "That our Sovereign Lord the King) willing graciously to pro«* vide for the Security and Quiet of the said Prelates and Clergy, at the Supplitc cation of the said Prelates, &c. and of the Assent of the Great Men and Com"mons aforesaid, hath Ordained and Establifh'd. *Where you may see, that the Assent of the Prelates is not here at all mentioned, because it was needless, as being made at their Request. And if Praying and Requesting should destroy the Legislative Power, I doubt whetherEdwardlll. did not give away his, in his 14th Year, in a Statute concerning the Subsidy of Wools. The Preamble runs thus : "Nevertheless the King prayeth the Earls, Barons, and all the Commo"nalty, for the great Business which he hath in hand, &c. that they would grant • cc him some Aid upon Wools, Leather, &c. Whereupon Deliberation being had, "the said Prelates, Barons, and Commons of the Kingdom, have granted him «' 40 Shillings to be taken on every Sack of Wool."

But to convince you, that in the Reigns of Edward IU. and Richard H. the Three Estates had a concurrent Authority with the King in the Legislative, I shall give you two Precedents more out of our unprinted Parliament Rolls: The first is 31 Ed. TEL m. 13. which, being a Title to certain Statutes, begins thus: Quadam Ordinationes& Statuta, fa&a pro communi militate Regni, per Regem, Pratlatos, Duces,* Comites, Barones, & CommunitatemRegni Anglia. So likewise in Stat. RoBo( 5 Rich. II. m. 21. the Title is, Quadam Concordia, five Ordinationes,satire de communi affenfu Regis, Procerum, Magnatum, & Communitatis Regni Anglia. Where no Man can doubt but that the Word Communitates, in these Records, must mean the Commons, all the other Estates having been already mentioned.

But to return to the matter, to let you fee that not only the Commons, but also the Lords, have been oftentimes Petitioners, pray see these Authorities. The 1st is the Statute of Provisors, ijEdw.$. runs thus: <% Our Sovereign Lord the "King, with the Assent and Prayers of the Great Men, and the Commons of "the Realm .of England,hath Ordained, &c." And in the 4th of Edw. IV. it is recited thus : " The King, by the Assent, Advice* Request, and Authority, '* of his Lords Spiritual, Temporal, and Commons, &c. hath Ordain'd and ," Established" In the Preamble of the Statute of 1 Edw. VI. c. 4. it is thus: # *' Wherefore the King, our Sovereign Lord, minding and entirely desiring—— "at the humble Petition and Suit of the Lords and Commons in this present Par"liament assembled, doth Declare, Ordain and Enact, by the Assent of the Lords "Spiritual and Temporal, and the Commons in this present Parliament assem"bled, and by the Authority of the same/' And that the Assent of theCommons was always necessary to the making of Laws, not as bare Petitioners, but as Assenters too, as well as theLords, appears by this Protestation or Declaration of the Commons to Edw. Ill, which is still to be round in theParliament RoSs of 51 of 4& that King, which I shall read to you in English, out of the Law French, which perhaps you are not used to : tc Also the said Commons do petition our Lord the "King, that no Statute or Ordinance may be made or granted at the Petition

* of the Clergy, unless it be by the Assent of the Commons; neither that the said '.,'. - ,

* Commons should be obliged by any Constitution, which they may make for their

* Advantage, without the Assent of the said Commons: For they will not be obli

* ged to any of your (viz,, the King's) Statutes or Ordinances made without

* their Assent."

M. I do not deny, but that the Assent of the Commons, as well as Lords, hath been allowed as necessary for a long time; but whether the Consent of either at first was so, is a great doubt, since we find the first antient Statutes (as I have already observed) to have been made wholly by the King alone. And I think the most antient Laws are the best Interpreters of the Original Legiflative Power j F. F. G* J. and thence it appears, that many Provisions, Ordinances and Proclamations, made P* ?«• heretofore out of Parliament, have been always acknowledged for Laws and Statutes. We have among the printed Statutes, to this purpose, one called the Statuteof Ireland, dated at Westminster the pth of February, 14 Hen. III. which is nothing but a Letter of the King toGerard FttzrMaurice, Justiciar of Ireland. The Explanations of the Statute of Gloucester, made by the King and his Justices only, were received always for Statutes, and are still printed with them. Also the Statute

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tute made for the Correction of the 12th Chap, of the Statute of Gloucester, was signed under the Great Seal,, and sent to the Justices of the Bench, after the manner of a Writ Patent, with a certain Writ closed, dated by the King's Hand at Ibid. p. 51. Westminster, 2 Muii 9 Ed.l. requiring, tc That they should do and execute all and "every thing contained in it, though the fame doth not accord with the Statute ** of Gloucester in all things." 19 Hen. III. a Provision was made<fe Ajstsa Prasentationis, which was continued and allowed for a Law until the Statute ofWestminster II. which provides the contrary in express Words; So that in the old Statutes it is hard to distinguish wrjat Laws were made by Kings in Parliament,, and w*hat out of Parliament, especially when Kings called the Peers only to Parliament, and of those how many, or whom they pleased (as it appears antiently they did) it was rto easy matter to put a Difference between a Council Table and a Parliament, or between a Proclamation and a Statute. Not but that I own, in old Times there was a Distinction between the King's Special or Privy Council, and the Common Council of the Kingdom; and yet his Special Council did sit with the Peers in Parliament, and were as Part thereof, and were of great and extraordinary Authority there, as may appear by divers Acts of Parliament, some of which I have already recited, as the Statute of Westminster I. where it is said: These are theAEis of Edward, made at bis 1st Parliament, by his Council. The Statute of Ailon Burnel, 13 Ed. I. hath these Words: The King for himself, and by his I Council, hath Ordained and Established. And in Articulis superChartas there are these

Provisions: Nevertheless, tlx King and his Council do not intend:. And, Both the King and his Council, and allthey that were present, WiU and Intend, that the Right and Prerogative of his Crown stall be saved to him in allthings. And before these the Com1 E. 3. Stat. nans often petitioned the King; as 1 Edw. III. where Magna Chartawas con1. Preamb. firm'd, the Preamble is thus: At the Request of the Commonalty, by their Petition made beforethe King and his Council in Parliament, by the Affent of the Prelates, Earls "and Barons, &c. I could give you many more Examples of this kind, but that it is needless; only these may suffice to let you see, that the King's Council had a great Authority in those Times, and perhaps was as antient as the Great Counr cil it self.' j. E. M,G. Yet I cannot forbear to give you one or two Authorities more, to prove that the p. »34- King, with the Advice and Consent of a Council of his Earls, Barons, and other Wife Men, hath sometimes taken upon him to repeal all the Statutes made in a' precedent Parliament, as contrary to the'Laws and Customs of this Realm, and to his Prerogatives and Rights Royal, tho' granted by him in manner of a Statute. suit. p. in. And for this you may fee the Statute of 15 Ed. III. at large in Pultons Collection!

So likewise the Preface of the Statute of Westminster, 20 Ed. III. rtins thus: That "We (viz,, the King) by the Assent of Our Great Men, and other Wife Men of "our Council, have ordained, &c." Where you may observe, that here is no mention either of Lords Temporal or Commons. I could give you more Examples of this kind, were it not too tedious. From which Statutes it seems plain'.to' me, that this King did sometimes exercise a Prerogative of making and repealing Laws without Consent of Parliament. H. S. B. D. I" tne next place, I desire you to take notice, that these Words you so much p. 721. rely upon, viz,. By the Authority of this presentParliament, and, Beit Enabled by the King, Lords and Commons, as if they were three co-ordinate Estates, was never in use till the Reign ofHen. VI. and Hen. VII. two notorious Usurpers. And thai the King's single Answer to the Lords and Commons Request is a sufficient Act of. Parliament, without any mention of the concurrent Authority of the Lords and Commons enacting the fame, the Precedent I gave you of K. Charles's Answer to the.Petition of Right may suffice, though you have not vouchsafed to give me any Re^ turn rb it. So that I think these Instances may serve, instead of many Arguments,' for the proof of this Truth, That the Legistative Power (as we phraTe it now) "iY •wholly and solely in She King, although restrained in the Exercise and Use thereof, byconstant Custom, unto the Counsel and Consent of the Lords and Commons: For Le le Roy veult, or the King will have it so, is the Imperative Phrase, by which the Propositions of the Lords and Commons are made Acts of Parliament. And let the Lords and Commons agitate and propound what Laws they please for their Ease arid Benefit {as generally all Laws and Statuteyare more for the Ease and Benefit of the Subjectj than the Advantages of the King) yet as well now, as formerly, in the,

. —..« ■ • •-' '. • time

I

time of the Roman Emperors, only quod Principi placet, legis habet •vigorem; nothing but that which the King pleases to allow of, is to pass for Law: The Laws not taking their coercive Force (as Judicious Hodker well observes) from the Quality of such as devise them, but from the Power that giveth them the Strength of #.z>.L. Laws. So that, to determine the Matter logically, the Legislative Power is ei- 49ther Largely and Improperly, or Strictly and Properly taken: Largely taken, it signifies any Power, which hath the Authority to provide the Materials of a Law, and to judge what is just, convenient, or necessary to be enacted ; and to declare when any Matters, duly prepared, are made and granted into a Law: And this Ministerial fort of Legislative Power, improperly so called, the two Houses have and exercise, yet by Authority from the Crown. But then the Legislative Power is Strictly and Properly taken for the Power of Sanction, or for that Commanding, Ordaining Power, which gives Life and Eeing to the Law, and Force to oblige the Conscience of the Subject ,• and this is radically and incommunicably in the King, as Sovereign. And therefore (as I have already said) all the antient Acts run in the King's Name alone; and from the Legislative Power, thus properly taken, the Laws are properly called the King's Laws, and the Violation of them is punifliable as such.

F. You have made a very long Speech, and taken a great deal of pains to perplex a Question in it/elf very easy to be resolved; and to which I need return you no other Answer than what BraElon tells us, in his third Book, Chap. p. De Aclionibm. Nihil aliud poteft Rex in terris suis, cum fit Dei minister & vicarita, nist id solum quod dejure poteft: Nec obstat quod dicitur, Quod Principi placet, legis habet vigorem; quiasequitur in fine legis, Cumlege regia, qua: de imperio ejus lata eft; i. e. nen quicquid de voluntate Regis temere presumptum est, fed quodcotifilio Magstratuum Juorum, Rege authoritatem prastante, & habita super hoc deliberation. So that you fee, in the time when this Author writ, the King could do no more by his Prerogative, than the Law allowed him to do; And tho' it is true, it is his Will and Authority that gives Vigour to the Law j yet this only, as it is declared in Parliament, and in those Acts which had before received the Consent of his Great Council, here called the King's Magistrates:■ And therefore you have done what you can, to confound the difference between the King's Declaration, or Writs explaining and enforcing the Common Laws of England, or else interpreting former Acts of Parliament already made; which was a Prerogative often exercised by the King and his Council „ in Parliament, which then consisted of all or most of the Judges, and Great Officers of the Kingdom, of which I shall speak more at large by and by. And I confess, we are much in the dark, because our antient Parliament Rolls are all lost, and consequently the Statutes therein contained : So that we have almost nothing left of them, but such Copies or Remains, as were preserved by Judges and Lawyers in those and succeeding Times, whilst they were still in being.

Therefore I think I may at present boldly affirm, that if that, which you call the Statute of Ireland, was so far from being founded upon some former Statute not now in being, it was no Act of Parliament at all, but only the King's Writ to the Chief Justiciar of Ireland, commanding and enforcing the Common Law of England, in the Case of Coparceners, to be observed in Ireland. The like I may say to the Explanation of the Statute ofGloucester which might be no more than the Interpretation of the King and his Justices, of the Sense of some Articles in that Statute; and this for its greater Authority was exemplified under the Great Seal, and so sent to all the Courts at Westminster, and often to the Sheriffs of all the Counties in England; yet without altering the Statute in some Points, as *you would have it. The like I may fay of that Statute of ABon Surnel; and therefore it is very rashly done, to conclude, that tho' we have not the Original Acts and Records of Parliament of that time, that therefore such Statutes were made by by the King alone, in his Privy Council. So that I must still continue of the fame Opinion with the Great Selden in this Point, who in his Mare Clausum tells us: "It is most certain, that according to antient Custom, no Answer is given either "by the King, or in the King's Name, to any Parliamentary Bill, before that "Bill, whether it be brought in first by the Lords, or by the Commons, "hath pafs'd both Houses, as is known to all that are versed in Parliamen"tary Affairs." Which if it hath been the antient Custom of this Kingdom, it signifies very little in what Form the Law is express d, whether in the : , Hh King's



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King's Name only, as giving the last Assent thereto, or else as his Concession to the Lords and Commons Petition, as long as you grant that their Assent was necessary: For sure, whosoever petitions another to do a thing, which he cannot impose upon him without his Request, must give his Consent to the doing it, unless you can prove, that it could be done whether the Petitioner would or not. And this, by the way, will serve to answer an Objection, which, tho' you insist much upon it, is scarce worth it, viz,, the King's Answer to the Lords and CommonsPetition of Right, which was indeed no Grant or Concession of any new Rights or Privileges from the King to the People; but only a Declaration of several antient Rights and Liberties of the Subjects, which had been very much broken and infringed of late; and therefore the King's Answer was very proper, Soit DroiB faitl commeest desire :But that there is a Right plainly acknowledged, I suppose you will not deny.

The next Mistake you fall into proceeds from your confounding the King's Extraordinary Council in Parliament with the King's Special or Privy Council, and in a manner making this a fourth Estate; by whom (as you suppose) as well as by the Lords and Commons, Laws were often made j whereas indeed neither the one nor the other is true. For tho' I grant that there is often mention made, in our antient Statutes or Records, of the King's Council in Parliament; yet this is not to be understood of his Privy Council, but of a Special Council, with whom our Kings formerly fate during the Time of Parliament, and before whom and to whom, we find, by divers Records, that both the Lords and Commons did often petition, as you your self do truly affirm; but that this was not the King's Privy Council, but another quite different from it: And to which it seems to me that Fleta refers, in his 2d Book, Cap. 2. Habet enim Rex Curiamfuam in Conciliosuo in Parliamentssuis; prœsentibw Pralatis, Comitibm, &c. And this Council consisted of all the great Officers of the Kingdom, viz,, the Lord Treasurer, Chancellor, and Keeper of the Privy Seal, Master of the Wardrobe, the Judges of the King's Bench, Common Pleas, Barons of the Exchequer, Justices Itinerant, and Justices of Assizes, with such of the dignified Clergy, as it pleased the King to call: Which that they were altogether distinct from the King's Privy Council, appears plainly by this, that the latter never included all the Judges, nor did the Privy Council ever exercise any Judicial Authority in Parliament, as this Council did in those days; but that this Council consisted of the Parties above mentioned, see the Sta/» RastalV tute of Efcheators, made 29 Edw. L And in the Placita Parliamentarians that Year, . fip Pulton s tneStatute runs thus: Per Concilium Regis concordatum est coram Domino Rege if so 2*?* ''** consentieme, &c. But in the Close Roll of this Year it is clearly explain'd who were Tin. Tarl. of this Council, their Names being there particularly recited, viz,, all the Great 29 Edw. I. Officers above mentioned, together with the Judges of the King's Courts, and sol. 273. Justices Itinerant, &c. Which is likewise explained by the Parliament Roil, 9Ed.IL f ° Edw I ^ex vo^u't iu°d m''~'ftS CanceUarint, 7%esaurarim, Barones, Scaccarii, Justiciarii, & wniy.rfor/j. a?" deConfilio Domini Regis Londin. extstente, convenirent. I could give you many Numb. 9. more Examples of this kind, but I shall give you but two more, to prove that this Council in Parliament could not be the King's ordinary Privy Council. The Rot. 97. first is in Placit. Parliament. 2 Ed. III. in a Cause betwixt Thomas Fitir Peter andAlter nora Wife of John de Mowbray, coram Rege. The Record is long, but concludes thus, directed to the Justices : Et si difficulty aliqua fubfuerit, quare pramijfa facere non pojfitis, tune Placitum Hlud usque in frox.Parliamentum nostrum adjornetis, ut ibidem tune inde fieri valeat quod de Consilio nostro fuerit faciendum. '  '•Ur ( •■ t </•

By which we <may very well gather, that this was none of the King's Ordinary or Privy Council, or else to what purpose was this Cause adjourned to the Meeting of the next Parliament; since, if it had been to have been determined by the Privy Council, it might have been heard forthwith. if. 12.13. I shall give you but one Instance more, out of the Close Roll of the 41st of the King, wherein a Cause between Elizabeth Wife of NicholasD'Audley, and James D'Audley, in a Controversy between them (touching certain Lands contained in the Covenants of her Marriage) is said to have been adjudged devant son Conseil, e'est a scavoir, Chancellor,Thresorier, Justices, & autres Sages, affemblez, en la Chambre des Etoiles; i.e. before his Council, viz.. the Chancellor, Treasurer, Justices, and other Wise Men, assembled in the Star-Chamber. So that when any thing in our old Statutes is said to be ordained by the King and his Council,, it. is

always

always to be understood, not as if this Council were a fourth Estate, whose Assent or Advice was necessary to the making of Laws, for then they would have had the fame Power still ,• But Only according to the Custom ot those Times, when most Acts of Parliament were drawn;by them, and that the King palVd none without their Advice : It was then said to be done by the King and his Council (vfx}';Aa Parliament) and I conceive the PoWer of this Council continued'rill the Beginning of the Reign of Henry-zhz seventh/ when this Court was by Act of Parliament annexed to that of the Scar-Chamber, where also this Council of the King used t<J meet before (as appears by the Case I have last cited) and had afterwards ■only to do with Criminal Causes/and that as well out of as in Parliament: And that King Henry the seventh not caring to exercise his Judicial Power in private Causes, as his Predecessors'had dortej or to make use of their Advice either in the drawing or passing of Bills, which now began to be drawn by-Committees in either Houses wherein those Bills were 'preferred, this Council 'came by degrees to grow quite out-of use, as it -is at- this day. I hope you will pardon this long Digression, which I have been drawn into, to rectify a common Mistake of the Gentlemen of your Opinion, who, when they find any thing in our antient Statutes1 or Records,- wherein the-King's Council is mentioned, presently entertain strange Fancies of the Antiquity and Authority of the Privy Council.

'M. 'lkta so-fat-from thinking this Discourse you have now made to be at all tedJdtfSj that I $ve you many thanks for if, since it gives me a light into many things'^which I tfGffifess I did hot'know before; and I shall better consider* the Authdrit&fc you have now given me, and if I find they will hold good, shall come oVer'tb your Opinion in that point, tho' I am not as yet satisfied as so the Legislative Power of t>he. two Houses; and therefore pray proceed to answer the rest of the Precedents I have brought on that Subject. .

F:-I shall readily1 comply with your Commands; andtherefore to come to those Statutes of the ijtb and 20th ofEd. III. which you suppose to have-been repealed by that King without the Consent of the Lords and Commons. 'I grant -indeed, that the Statutes you mention were intended to be repealed by the King, without Assent of Parliament: Yet this was not done by himself and his Council alone, as* you suppose; but, by a Great Council of Earls and Barons, which the Kings of England in those Days were wont td:call upon emergent Occasions, arid for the doing of that which they thought Parliaments could not, or would not so readily perform; as in this pretended Repeal of the Statute you mention. And tho', I grant, this was a great Breach upon the fundamental Constitutions of the Kingdom, yet that it was done in such a Great Council as I have now mentioned, I refer-you to this pretended Statute it self, and to your Recital of it. And that the King often called suefi-Great Councils, appears by an Agreement of Exchange made for the Castled of Berwick, between King Henry IV. in the fifth Year of his Reign, and the Earl of Northumberland; where the King promiseth to deliver to the Earl, Lands ana Tenements to the value of the Castle, by these Words (which I shall render out of French from the Original which remains in the Tower) : By the Advice and Assent tf the Estates of the Realm, and of his Parliament (so that the Parliamenthappen before the Feast of St. Lucie) otherwise by the Assent of his Great Council, and other Estates of his saidRealm, -which the King will cause to be assembled before the saidFeaft, in case the Parliament do not happen,&c. » f "1 :.:•-•.•> .■ '• . '•

And yet notwithstanding this high Strain of Prerogative, neither King Edw. III. himself, nor the Parliament, were satisfied with this Repeal of those Statutes you have mentioned ; but in the next Parliament, held in his 17th Year, passed a for- Rot. Farl. maland legal Repeal of them, as by the Parliament Rolls of that Year, remaining *7Ed-1in thc'Tower, doth plainly appear; and which I could give you at large, did I not ^"OT*-23 fear to be too tedious. But I think it fit to let you know this, because most ordinary Readers seeing no more appear in Print in our Statute Books^ are apt. to imagine, that the Kings of England in those Days did often take upon them, without Authority of Parliament, to make and; repeal Laws. But as for your next Instance of the Statute of 20 Ed.III. it is much weaker; since,- tho' I confess that in the Preface to these Acts there is only mention of the Great Men, or Grantz. (as it is in our old French) and other Wise Men of our? Council; .-yet I shall prove at another time, that under this Word -Groan, were/meant the.Lords in Parliament, as by the Wise Men of our Council are understood the Commons. And it

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appears by the Writs of Summons and Parliament, of the 20th of Edward III. • that the Commons were present at this Parliament; therefore it seems most reasonable to interpret the Sense of many ancient Statutes, wherein the King alone is said to make and ordain Laws, by those later or more modern ones, wherein the King by the Consent of the Lords and Commons, or by Authority of Parliament, is said to have ordained them: Since the true Stile and Meaning of ancient Laws, Which were penned with the greatest Brevity, ought to be still interpreted by the modern ones, and not the modern ones by the ancient. So that I am ot" the Learned Mr. Lambard's Opinion, who in his Arckaionom, or Discourse upon the v . 2<Jo High Courts of Justice in England, exprefly tells us, "Thatwhether the Laws are Edit. 1635. "fad to be made by the King, and his Wife Men, or by the King and his Council,or hit « Common Council; or by the King, his Earls, Barons, and other Wise Men, or "after such other like Phrases, whereof you meet with many in the Volumes of m Parliaments: It comes all to this one Point, namely, That the King, his Nobi"lity and Commons, did ordain and enact the fame. And which is more, if you "shall find any Acts of Parliament seeming to pass under the Name and Autho"rity of the King only, as there be some that have that shew indeed; yet you <c must not by and by judge, that it was established without die Assent of the other "Estates.

As for the rest of your Insinuations, rather than Arguments against the Antiqaity of those Expressions, Be itenabled by Autlmity of Parliament, or, Be it enabled by the King, LOf-ds and Commons; which bear so hard upon you, to prove that these last have a share in the Legislative, that they were introduced in the Reigns of Hen. Viand VII. two Usurpers, and but in the Nonage of the former j I think I stiall be able to (hew you, that you are very much out in your account; for there are much ancienter Authorities, wherein the fame Words, or others equivalent, have been, used in our Statutes: And first, pray call to mind the Statute of Measures already recited;where it is said, 'that by the Consent of the wiiole Realm of England, the Measure of our Sovereign Lord the Kingwas thm made, &c. which certainly must mean

Tag. z-j. the Assent of all the Estates assembled in Parliament. And my Lord Coke tells us in his 3d Institutes, of an ancient Record that he had seen of the. 7th of this King, wherein it was said to be Enabled by the King, theLords SpirituaJ,Temporal, and Commons. But since I have given you Precedents enough of Statutes, which are said to be made or ordained by the King, with the Assent of Lords Spiritual and Temporal, and Cons mons; I will shew you one where the King is not at all mentioned; and that is in Rastal's Statutes, 4 Hen. 4. cap. 24. concerning Aulnage of Clothes, which runs thus; Be it ordained and accorded by the said Parliament, without any mention at all of the King. And to let you fee that these fatal Words you except against, were in use before the Reign of Hen. 6. pray see p Hen. 5. cap. 4. concerning the Mifprifion of Clerks in writing, which runs thus j"the King hath now declared, and ordained by Authority of this present Parliament, that the Justices, &c. which must Certainly refer to the Lords and Commons, unless you can make the King alone to be the whole Parliament : Whereas if that Phrase had began from Usurpation, it would have been first found in the Statutes of Henry the 4th. But to let you fee that Edward the 4th, though no Usurper, yet did not think that these Words did abate any thing of his Royal Prerogative, pray fee the Statute Book in the 4th of that King, Cap.i. wherein it is recited,That, the King, by the Advice, Affent% Request and Authority of the Lords Spiritual and 'Temporal, and Commonsin Parliament assembled, hath ordained and established: And that by Assent of Parliament, and by Authority ofParliament, is all one and the fame, since the Aflent of Parliament makes its Authority: Pray fee the express Judgment in this Point of the Lord Chief Juf

Pagi 104. tice Crew and Justice Doderidge, given in the great Cafe of the Earldom of Oxford, reported in JudgeJones's Reports.

To conclude; Though I do not deny His Majesty's Negative Vote to all Acts of Parliament, yet this Prerogative can be concluded only from his giving his last Aflent to a Law; for when a Bill begins from himself,. the Two Houses have likcwise»a Negative upon him; which is evident in an Act of Pardon, which proceeds originally from the King, and being sent down to the Parliament, though neither the Lords nor Commons can add or alter one tittle to, yet may they notwithstanding his prior Assent, refuse the whole Bill if they please, though already pasc'd under the Great Seal. And though I likewise grant, that it is the Le Roy le Veuk, that by yielding the highest and last Assent, gives the enacting force to the Lawand thus, I grant, the King may in a Logical Sense be said thereby to make the Laws according to that known Maxim, Quod dat formam, dat effe rei • Yet this does nos hinder but in a legal Sense, according to the express Declaration of our old Lawyers, and Acts of Parliament, the Law^s owe their Obligation to the joint Consent of King and Parliament; and his giving his last Assent or Form to the Law, no more proves his sole Legislative Power, than it would do that of the Lords or Commons, if either of them by t;he Constitution of the Government wefe to give their Assents last thereunto. So that I think upon the whole matter^ no Man can reasonably deny but that legally the Two Houses of Parliament have also their mare not only in training, but enacting of all Bills _that shall pals; for otherwise they would signify no more than the Committee of Articles in Scotland, or the King and Council of England in relation to Ireland; the former of which draws up all Biys that are to pass in the Parliament of that Kingdom, and the latter must approve or reject all Bills that shall pass in the Parliament of Ireland; Whereas the Authority of our Parliament consists in their consenting to, and enacting together with the King all Statutes whatsoever. And this Distinction I think may very well reconcile BraBon with Fortescue; the former of which fays, Quod ges ligant fitum L^mem (meaning the King) and the latter (in the place I have already cited) affirms, that the People are governed by those Laws, quasifse fert, which they themselves make: And this I think is to ascribe to the King as much Bower as is requisite to a Civil Sovereign, and yet to leave a sufficient lhare to the People to secure themselves from Tyranny

M. I must beg your pardon if I cannot be satisfied with your Division of the Legislative Power, between the King and the Two Houses of Parliament, since it is against the Sense of our old Lawyers Glanville and BraBon,who, as you yourself acknowledge, make the King the Sole Legislator- And though I confess Fortescue gives the People a share in it, yet he is but a modern Author in comparison as the other two, and writ to support the usurped Title of Henry the Sixth. So that I cannot comprehend how the Two Houses can have any lhare (properly speaking ) in the Legislative Power, without falling into that old Error of making the King one of the Three Estates* and so co-ordinate with the other Two: Whereas if the King be a Monarch, that signifies in Greek the Government of one Person, whereas by giving the Two Houses a part in the Legislative, you divide it into three several (hares. But indeed there is so close a Conjunction between all the Parts of Sovereign Power, that the ope cannot be separated from the other, but it will destroy the Form of the Government, and only set up an irregular Commonwealth in its place, which will scarce be able to hold long together, without falling into perpetual Quarrels and Disputes about the Encroachments upon each other s Power and Privileges.

And it appears as well by the whole Tenor of .our Laws, as also by divers express Statutes, that the King is the Sole Supreme, and consequently the Sole Legislative Power: The first of these I shall prove from the common Indictments of Treason, Murder, Felony, &c. Which run always, Encounter la Corone, (Jr la Digmtie de Roy; and the Process against such Offences are called the Pleas of the Crown, because they are against the Crown and Dignity of the King. So that it is not the Dignity and Authority of the Lords and Commons which is violated, but the Dignity and Authority of the King.

In the next place, this Opinion is contrary to the express Declaration of divers of those very Parliaments which you pretend have exercised a Jhare in the Legislative: For you cannot deny, that many of our ancient, as well as modern Statutes, were made and drawn up in the Form of a Petition from the Lords and Commons, or both of them, to the King: And it irvery strange, that one Fellow in the Su-1 preme Power should so humbly petition the other. But, 2. though Time hath altered the Form of Petitioning into BiUs, yet both Lords and Commons have been often used to call the King, Our Dread Sovereign, Our Sovereign Lord, Qur Leige Lord, and the like; and to stile themselves, We your Majesty's most Humble and Faithful Sub' jttls, or most Dutiful and Obedient Subject's;and in that humble Stile, to beseech him to enact such and such things; which sure they could have done al one, had they been co-ordinate with him in Law-making. Lastly, If they were Copartners with him in the Supreme Power, how came they to declare (as they did in the Preamble

< to

to the Statute of the 25th of Henry VIII. which you yourself have quoted) thattlie Realm of England is an Empire, governed by one Supreme Head and King, unto whom the Body Politick of the Nation', compacted of several Sorts and Degrees of People, divided in Terms of Temporality and Spirituality, owe and bear, next unto God, a Natural and Humble Obedience? Now how came they here farther to declare this Supreme Head of the Clergy and Laity, to be furnislied with Plenary, Whole and entire Power by the Goodness and Sufferance efAlmighty God? Certainly they can have no share in it if it be plenary, wholly and entirely in him :• Or how came they in the 1st Statute of Queen Eliz,. c. 7. (being a Recognition of the Queens Supremacy) to acknowledge, that all Power, Temporal and Spi-; ritual, was deducted from her, as the Supreme Head, and that they were her mostFaithful and Obedient Subjects; and that though they did in Parliament represent' the Three Estates of this Realm, yet that She was the only Supreme Governor thereof: Which was pursuant to a Statute to the fame purpose, in thezd of Edw. VI. e*l* wherein it is declared, 'That aS Authority of Jurisdiction, Spiritual and "Temporal, is dividedand deducted from the Kings Majesty, as Supreme Head of these Churclxs and Realms. Not to mention the Oath of Supremacy itself, That the King or Queens Highness is the only Supreme Governor of this Realm: Which these Statutes would never have acknowledged, had it not been consonant to our ancient Common Law j by which it is expresly declared in that old Law Book, (written as it is supposed by Bishop Bretton) in the very first Leaf thereof, in the Name of King Edw. I. himself j We will, that our Jurisdiction be-above aS other Jurisdictions;which had been spoken in vain, if all other Powers had not been derived from, and so sub-v ordinate to, the King's. Besides, I could prove this farther from History and Matter of Fact. •

F. 1 thank you, Sir, and I desire I may answer what you have now said,- besore you pass to another Head; for I doubt the time will not give us leave to discourse much further on this Subject to Night. In the first place therefore, I must, tell you, that the main Foundation of your last Arguments is founded upon a Supposition which I altogether disown, viz,. Co-ordination or Division of the Sovereign Power between the King, and the Two Houses: For I have always supposed, that the King continues still Supreme, and that (as the Modm tenendi Parr*liamentum declares) He is Principium, Caput & Finis Parliament!; that is, he can call and dissolve Parliaments when he pleases; and likewise, that the Executive Part of the Government rests solely in him, as also the Power of making War and „ Peace: And even in the Legislative itself, that the King hath more eminently (though together with the Parliament) a Supreme Enacting Power, without which it cannot be a Law. All this being consider'd, you will find that here is no Division of the Legislative Power; since neither the King, nor the Two Houses, have it solely and compleatly in themselves; but it is jointly executed by them all Three, as one entire Politick Body or Person. So that neither can they make any Law without him, nor he enact any without their Consent; and he, by giving his Consent last, gives it the Force and Sanction of a Law, and he is therein the Supreme, i.e. the last or ultimate Power, (in the true Sense of that Word) nay, the only Supreme Power, unless you could suppose two Supremes, that is, two Highest Powers at once in the fame Kingdom: But that for all this, the Two Houses are not subject to the King in Matters relating to Legislature, may farther appear, in that the King cannot command them to give him what Money, or to pass what Laws he pleases: Since if he should go about to do so, they might (as I suppose you yourself will grant) lawfully disobey him; which they could not do without apparent Disloyalty, and high Disobedience, were they in this, as they are in other things, relating to the Peace and Defence of the Kingdom, subject to his Commands, when legally issued.

But to return you a more particular Answer to what you have said, to prove the King to have the sole Legislative Power: As to what you prerei>aed I have quoted out of Glanville, if you please better to consider of it, you will not find that he*gives the King any more than an enacting Power, together with his Great Council: For though he tells us, Quod Principi placet, Legis habitVigorem; yet mark what follows, eas scilicet quas superdubiis in confilio definiendis Procerum quidtm confilio, & Principis antecedente Authoritate constat ejfepromulgate. Where, by the last confilio, is meant somewhat more than meer Advice, as I have already proved. But as for




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BraElon, though he agrees with Glanville in making the King's Authority necessary to the Essence of a Law: Yet he is more express than the other in making the Advice and Consent of the Great Council, or Commonwealth, also necessary to its being, as you may remember by these Words; Cunt Legis vigorem habeat, quicquid deConfilio & de confenfu Magnatum, & Reipublica communi Sponfione, Authors tote Principis pracedente, justefuerit definitum.

But further, to let you fee how much you are out in your Argument, whereby you would prove from the Form of our Indictments of Treason, &c. That the King hath the Sole Legislative Power of the Kingdom; I (hall shew you, that all our ancient Laws, as well Common as Statute, do declare the contrary: Since divers Acts of Parliament have expresly affirmed, that such and such Offences were Treason, not only against the King, but against the King and the whole Realm too: Pray take these Instances; fee the Statute i Edw. 3. c. 1. Wherein Hughde Spencer, both the Father and Son, are by the King and Parliament declared Traitors and Enemies of the King, and of his Realm: See likewise 28 Hen- 8. c. 7. Wherein the Crown is settled by Act of Parliament on the Heirs ofhis Body, begotten on Queen Jane, or by any other after Marriage; and that the Offenders that stall interrupt suchHeirs in their peaceable Succession, they, with their Abettors, Maintainers, &c. stall be declared and adjudgedHigh Traitors to the Realm. And therefore divers ancient Indictments in Stanford's Pleas of the Crown, are laidcontra pacem Regis & Regni. And that the Parliament hath reserved to itself a Power by the Statute of the 25 th of Edw. 3. to determine what Crime shall be adjudged Treason, besides conspiring to kill the King, and those other Offences specified in the same Statute, you may consult the Statute at large. But that these Offences can be nO other than an Endeavour to alter the Government, or Fundamental Laws of the Kingdom, I think is evident, since all Offences relating to the Lives, or Honour of the King, Queen, and their eldest Son, are there particularly specified j and it was by Vertue of this Statute, that the late unfortunate Earl of Strafford was first impeached by the Commons, and afterwards attainted by Act of Parliament in the Year 1641. but whether justly or not, it is not my Business now to determine: It is sufficient that it was then granted by the King himself; that if the Earl had been really guilty bf Destroying the Government, and Introducing an Arbitrary Power, he might have been deservedly condemned.

But that the Power of Making and Dispensing with Laws, is particularly apply'd not only to the King, but to the Lords Spiritual, Temporal, and Commons j pray remember the Preamble of the Statute I have already cited of the 35th of Hen. 8. c. 31. whereinta is so expresly declared, as alfo by the 24th of this King, chap. 12. the Preface of which Statute runs thus: u And whereas the "King's most Noble Progenitors, and the Nobility and Commons of the said "Realm, at divers and sundry Parliaments, as well in the Time of King Ed"ward 1st. Edward 3d. Richardid. Henry 4th. &c\ made sundry Ordinances, "Laws, Statutes and Provisions, for the entire and sure Conservation of the Pre* 41 rogatives, Liberties and Preheminences of the said .Imperial Crown of this "Realm, &c." Where pray note, that the making of all these Statutes, is ascribed to the Lords and Commons, as well as to the King: Which is also farther acknowledged by the said King Henry, when in a set Speech to the Parlia^ ment, reported by Crompton (in the Case of Errors) he said these Words; "We "being informed by our Judges, that We at no time stand so highly in our Estate "Royal, as in the time of Parliament,-wherein, We as Head, andyouasMem"bers, are conjoined and knit together into one Body Politick." And sure then, if the King's Simile be true, whatsoever Functions are performed by the whole Body, must be done by the Members as well as by the Head. I shall sum up all, I have said into this Syllogism, That Power which cannot make or enact any new Law without the Ad vice and Consent of two other Bodies, is not the Sole Legislative Power: But the King is that Power which cannot, &c.Ergo, The King is not the Sole Legislative Power.

M l shall not longer dispute this Question with you, since I own the Two Houses have claimed, for some Ages past, a share in the Legislative, though in a large and improper Sense, as you yourself do partly grant: And though for the more just and equal Course, our Kings have for a long time admitted the Three Estates, viz,. the Lord? Spiritual, Temporal, and Commons, into a seeming dare of the Le- •'«/ gislative giflative Power: Yet this was not by Constraint, nor by any Fundamental Constitution of the Government, as you suppose,• but only from their own raeer Grace and Favour, to make Laws by the Consent of the whole Realm, because that no one part thereof should have any cause to complain of Partiality: And though I grant the King is bound to observe these Laws when made, by vertue of his Coronation-Oath, so as that he cannot alter them without their Consent j yet is he still above the Law, by virtue of his absolute Monarchical Power, and is not subordinate to it, or so bound by it as to be responsible to the People for any Breach committed by him upon it; for that were derogatory to the Sovereign Power, and inconsistent with the Nature of Monarchy, and were to set up the Law (which is but'a Creature of the Prince's making) above his Sovereign Authority: And this would make our Monarchy a kind of Government which would neither be Monarchical, nor yet a Republics, but some mungrel thing made up of both. So that I take the Notion of a Mix'd Monarchy, to be a Contradiction in adjetto: A Limited Monarchy, I confess, there may be, either by the Monarch's own voluntary Grant or Consent, as in this Kingdom; or else on Conditions imposed upon a Prince by others, either by a Foreign Power, as in Tributary and Feudatory Kingdoms; or else by the Natives of the fame Country, as in some Elective Kingdoms and Principalities: But then such Limitations of Monarchical Power represent a Prince as it were fetter'd, and who cannot act as he would, and ought, for the Advantage and Welfare.of his People, if lie had his Liberty, and the full Exercise of his Sovereign Power: And therefore in most Governments limited after this manner, the Sovereignty stiU remains in the Senate or People that elected the King: Which makes me think it a Solecism in Politicks to affirm, that a Monarch (properly so called, and still continuing so) could be thus limited by Laws, or Fundamental Constitutions, as you call them at the first Institution of the Government: For if he were thus limited, that Power that could thus limit him, must be either Superior or Inferior to him. Superior it could not be, because the People that could put those Conditions or Limitations upon him, could not be his Superiors in the State of Nature, before they made him King; neither could they be his Inferiors, because an Inferior Power can neves limit a Superior: And since all our Laws, (as well as the Oath of Allegiance and Supremacy, we take to the King) do own him to be the Sole Supreme Governor of this Realm, I cannot understand how this Limitation ab extra, can consist with the King's Supremacy; for if he be thus limited and restrained, how is he Supreme? and if restrained by some Law, is not the Power of that Law, and of them that made that Law, above his Supreme Power? And if by the Direction of such Law only he must govern, where is his Supreme Power? So that then the Law must rule and govern the Monarch as a Superior, and not the Monarch the Law; and he hath at best but a Gubernative and Executive Power.

Lastly; If this Power of the Prince were limited at the Original Constitutson, there must be a Power appointed in some Council or Senate (call it a Parliament, or Assembly of the States, or by what Name you please) whose business it must be to fee them exactly kept and performed i Now these Men must cither liave a Power barely of advising the Monarch, and persuading him to observe these Fundamental Limitations; or else they must also have a Power of forcing or compelling him, if he will not hearken to their Advice and Remonstrances: If they have no more than the former Power, that you'll fay signifies little, since the King may refuse to hearken to them if he pleases, and may do what he will notwithstanding; but if they, have also a Coercive Power over him, and may resist or punish him for his Transgressions, he will then cease to be a Monarch; since he cannot be so, who is accountable to any Power, either equal or superior to himself: And this our late Parliaments have been well aware of, when they renounced all Coercive Power over the Person of the King, and any Right of making War, either Offensive or Defensive, against him: So that besides the History of Matter of Fact, which I can further give you, to prove our Kings to have been at first absolute Monarchs j I think, the very Hypothesis of a Mix'd, or Limited Monarchy, labours under such insuperable Difficulties and Absurdities, that I cannot conceive how those Limitations by which we find the King's Prerogative now restrained, could ever proceed from any higher Cause than the free Grants and Concessions of the King's Predecessors, confirmed by his own Coronation-Oath:

Which Which though I acknowledge he is bound to observe, and that if he breaks it, he commits a great Sin against God; yet it is only he that must punish him for so doing, since the Oath is not made to the People, but to God alone.

P. Notwithstanding what you have now said, I hope I am able to shew you* that all your Arguments against a Mix'd, or Limited Monarchy, are more subtile than true. For as to your first Argument from the Word Monarch,I grant indeed, that strictly speaking, the Word Monarch and Monarchy signify a single Ruler, and the Government of one alone: Yet in common Acceptation, or according to the. Laws and Constitutions of several other Kingdoms, besides England, as in the Empire, in Denmark, and Sweden, the Emperor, and those Kings, have been called Monarchs, and those Kingdoms Monarchies: And though by the Original Constitution of those Governments, those Princes have not been invested with a pure Imperial Authority, such as that of the RomanEmperors of old ,• yet since they had the Executive and Gubernative Part of the Government committed to them, and that they were look'd upon as the Heads of those Kingdoms, and that the Government did therein partake more of Monarchy than of any other Form, those Princes have been always called Monarchs, notwithstanding there was a very great Mixture of Aristocracy in the Empire, and in Denmark, and both of Aristocracy andDemocracy in Sweden. The like may be said of England, France, and those Kingdoms in Sfain, that were instituted by the Goths and Vandals, the Francs and Saxons, after the ancient Gothic Model of Government- And though I grant this fort of mix'd Monarchy is not to be reduced to any of the three distinct Kinds of Government laid down by Aristotle, yet are they not for all that to be condemned; but rather the more approved of, since by this Mixture they were capable of divers Benefits, and free from several Mischiefs, which are incident to any of those Forms of Monarchy, Aristocracy, or Democracy, when exercised purely and without any such Mixture : And that this, as to England itself, is no Invention of the Commonwealth-Men, (as you call them) you may read King Charles the First's Answer to the 19 Propositions sent him by the Parliament, for the Words are remarkable:This Kingdom, fays he, it mix'd of Monarchical, Aristocratical, and jag. 96. Democratical Government; and thatso wifely, that we have all the Conveniences, and none of the Inconveniencies of any of those Forms taken single.

Nor doth this at all derogate from the Nature of the Monarchy, nor make any 'Division between the necessary Functions of Sovereign Power: For I have already granted, that the Executive or Gubernative Part is wholly in him, as also the Power of making War and Peace. And as for the Legiflative, as long as the King hath a Negative Vote in all Laws that pass, and that they cannot be made without his Royal Sanction, the Legiflative Power is not divided, as I have already proved. , .. "» '\\

But as for your other Argument against a Prince's being limited by the Original Constitution of Government, though as I yield it is more subtile, so it is also more sophistical and fallacious than the former. For yourDilemma, by which you would prove the Absurdity of that Notion, will not do; because a Prince, at the Institution of the Government, may be limited by those who are neither superior, nor inferior to himself; but only equal in the State of Nature, as I suppose the People to be with the King before he was made so by them: And that Equals may thus limit each other, you yourself will not (I suppose) deny in the Case of Princes, who are Equals in the State of Nature: As Queen Mary {{ot Example) made such Conditions with King Philip of Spain,before she married him, that if he offered to meddle with the Government of this Kingdom without her Consent, it would be lawful for her to part herself from him, and to send him Home into his own Kingdom: And might she not with a safe Conscience have done so upon the Breach of the Conditions on his side? Apply this to the People in the State of Nature, and the Person they are about to make King before the Politick Marriage of a Coronation or Admission to the Crown, and see if they do not agree; or whether the People can be blam'd, if they repudiate the* Politick Husband for invading that part of the Government which they had reserved to .

I i them

themselves? Nor doth this argue any more Superiority in the People over the King in the State of Nature, than it doth for a Creditor, in the like State, to compel by Force his Debtor to pay him a Sum of Money which he owed him, in cafe there were no Civil Jurisdiction for him to appeal to. And let us farther suppose a Council or Parliament appointed, who may remonstrate to the King his Transgressions or Violations of the Law: let this may be without any Coercive Power over his Person, or of making War upon him; since the King may, if he please, remedy all these Disorders, by redressing their Grievances, and punishing the Authors of them: So if he will wilfully persist in such Violations as strike at the Fundamental Constitution of the Government, and do also go about to execute them upon the People by Force, this being in effect a making War upon them; I suppose they have theft a just Right to defend themselves against his Tyranny. So that if these Rights or Privileges we now enjoy, were not the meer Concessions of the King's Grace and Favour, as you affirm, but reserved as part of their Birth-right at the Original Constitution of the Government, (as I shall prove all our Fundamental Laws were) the People have then as much Right to defend them (their Allegiance to him being upon that Condition, either express'd or imply'd) as any other Nation hath to defend their Lives, Liberties and Properties, against the Violence of the Supreme Powers, or any commissioned by them, as I hope I have already proved to you: So that notwithstanding all that you have said to the contrary, I think the Notion of a Mix'd or Limited Monarchy in the very Institution, may be agreeable to Reason, and practicable too either in this or any other Kingdom: And when you can prove the contrary by History, or Matter of Fact, as you promise, I will give up the" Cause.

M. You have broached a parcel of special Commonwealth Notions, in which you are every way out: As first, in making the King's Authority derived either from, or by, the People's Consent: Whereas all our ancient Lawyers call htm God's Vicar, or Lieutenant on Earth, and not the People's: And in the next place, in supposing he may be resisted by Force of Arms, whenever the People shall think themselves opprefs'd, or their Fundamental Rights and Liberties (as you call them) invaded; it is contrary to the express Declaration of the Parlia-1 ment, by two several Statutes in the id Year of the late King Charles: And tho' you disclaim all Coercive Power of the Two Houses over the King, yet it is only to place this Right of Resistance in a more fallible and ungovernable Body, vhc. the whole People in their natural Capacities j which as it is more consistent with your Principles, so it is more dangerous to all Supreme Powers, as well Commonwealths as Monarchies, as I have partly shewed you already j and, I hope, may farther convince you before I have done. But since I have not now time to shew you the Falsity and Absurdity of these Notions, and to urge the Statute at large against Resistance in any Cafe "whatsoever; I pray go on in the Method you have proposed, and let me see how you can make out, that even our Parliaments dq not derive that Privilege they now enjoy of giving their Consent to Laws, as also their very Being, to the gracious Concessions of our former Monarchs.

F. That I shall do with all my Heart: But first let me tell you, that though I own the King to be God's Lieutenant in these his Dominions; yet I must like* wife aver, that it was only by the Consent and voluntary Submission of the People of this Nation, that the first Monarch (begin where you will) could obtain that Title. And as for those Statutes you mention against all Resistance in any Cafe whatsoevery I doubt not but to shew you, that it was never the Intent of that Par" liament to debar us from all necessary Resistance and Self-defence, in Cafes of illegal Violence, and intolerable Oppression j unless you can suppose they were r&solved to alter the Government, and to put it into the King's Power to destroy all our Laws and Liberties; and instead of a lawful King, to set up sor a lawless Ty* rant whenever he pleased.

But to come to the Matter in hand, I shall shew you, that it is not at all im* h. 3. possible or improbable, that without any Hinderance of that Po*wer which is neces*

lary fary to the King as Supreme, that he might for all that have been limited as to the Legislative at the first Institution of the Government, which I shall thus make out. .

I do therefore in the first place suppose, that the English Saxons being a free People, after their Conquest of this Island, as well Nobles as Commons, did agree by their free Consents, and publick Compacts, to set over themselves a Prince or Sovereign, and to resign up themselves to him, to be governed by such and such Fundamental Laws. Here is a Supremacy of Power set up, tho' limited as to the manner of its Exercise.

p. Then because in all Governments after Cafes will arise, requiring an Addir tion of Laws, suppose themcovenanting with their Sovereign, that if there be any Cause to constitute any new Laws, he shall not by his sole Power perform that Work; but that they will reserve in themselves a concurrent or co-operative Power .So that they will be bound by no Laws, but what they join with him in the making of. ■•»•■•

3. I suppose, that tho' the Nobles may personally convene; yet since the Com* mons being so numerous, cannot meet together in Person; therefore, for the doing of this Work, it be agreed, that every City or considerable Town fliould have Power to depute one, or more, to act for t^c whole Body in the Legislature. That the Nobles by themselves in Person, and the Commons by their Deputies assembling there, may be representatively the wholeBody of the Kingdom, with Power to execute that Authority reserved for establishing new Laws.

4. Since the occasion, and need of making such Laws, and expounding the old ones, could not be constant and perpetual; therefore we may farther suppose, for the avoiding of the Inconvenience of three standing co-ordinatePowers, they did not establish these Estates to be constantly existent, but occasionally, as the Causes sot which they were ordained fliould require.

5. Because a Monarchy was intended, and therefore a Supremacy of Power (as far as was necessary) must be reserved in one, it was concluded, that these Estates should be still Assemblies of his Subjefts, and swearing Allegiance to him; and that all new Laws, which by Agreement of these Powers should be enacted, fliould run in his Name, and be called his Laws, and they all bound to obey him in them, when thus ettablifh'd.

6. And lastly, it being supposed, that he who thus was to govern by Law, and for the Furtherance of whose Government such new Laws were to be made, lhould best understand when there was need of them; and that the convening and dissolving of the Assembly of the Estates, was a Power of great Trust; it was put into the Prince's Hands, by Writ to Convocate, as also to Prorogue or Dissolve such Meetings. But in process of Time, some Princes, not caring much to have their Government look'd into, or to have any Power in being but their own, taking Advantage of this Power of assembling these Estates, did, more seldom than need required, make use of it : Whereupon Provision was made, and a Time set by new Statutes, within which an Assembly of Parliament was to-be held. Now when you have made these true Suppositions in your Mind, you have the very Model and History of this Monarchy; and we shall easily find what to answer to the Arguments before produced on either side. For first, it is his Parliament ; because -an Assembly of his Subjects convocated by his Writ to be his Council, and to assist him in making Laws for him to govern by; yet not his, as other Courts are, as deriving their whole Authority from the King. So likewise his Power of assembling and dissolving them, proves him thus far above them j because, though, as to the Time of their Meeting, it depends on him; yet their Power and Authority, quoadSpecificationem, i. e. the Being, Kind, and Exercise of it, is from the Original Constitution. For as to that, they expect no Commission and Authority from him, but only to their Meeting, to proceed



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to act j but when met, they act according to the Original Rights of .their Constitution; and those Acts proceed from their conjunct Authority with, not from their Subordination to the King in the Legislative ,• as also in laying of Taxes, (jc. on the People.

The Oath of Allegiance indeed binds them, as his Subjects, to obey him, governing according to establifh'd Laws i But yet it supposes them to be built upon the Foundations of his legal Government, and must not be interpreted to undermine and destroy it. He is hereby acknowledged to be Supreme, so far as to rule them by Laws already made, or to be made, but not without them. So that this is no Derogation to the Legislative Power of Parliament: And I believe of these things no unprejudic'd Man can make any question. And herein consists the accurate Judgment of the Contrivers of this Form, that they have given so much into the Hands of the Sovereign, as to make him a Monarch; yet have reserved so much in the Hands of the People, as to enable them to preserve theirLaws and Liberties.

M. I confess you have given a long and plausible Account of the Original and Form of our Government, though if it come to be examined, I doubt it will prove a meer Romance, and not at all agreeable to true History, or Matter of Fact : Since if we look to the eldest 'times, either after the Saxon or Norman Conquests, we fliall find the Power of our Kings to have been still more absolute than they are now. And I think I could easily trace the Steps by which the People have attained to all the Power and Privileges they now enjoy ; which, as I do not grudge the Nobility and People of this Nation, yet they ought to exercise it with a due RespeEl and Subordinationto that Power from which they were all at first derived ; lest if they should ascribe them to themselves, the King should be tempted to destroy those great Privileges, and taking away the very Being of Parliaments, to make Laws without them.

But to shew you farther, that this Notion of an independant Power in the two Houses by the OriginalConstitution of the Government, is altogether inconsistent with the King's Prerogative, appears from clear Matter of Fact, even as you yourself have put it. For when Kings thought fit not to have their Power controuled, you acknowledge they called Parliaments less frequently than usual; and that thereupon there were divers Laws made, appointing certain times tor their Meeting; from whence it appears, that before this the times of their Meeting were wholly left to his Discretion. Nay farther, that the King's Prerogative of assembling them, or omitting it when he pleases, cannot be limited by any Act himself can make, appears from hence, that notwithstanding all those Laws that have been made for Annual and Triennial Parliaments, our Kings have never thought themselves obliged to call Parliaments oftner than they saw their own Occasions, or the Necessities of the People (which they themselves were sole Judges of) required. Nor did any Parliaments ever find Fault with this, 'till that rebellion*one in 1641, which had the Confidence to present to the King a Bill to be pass'd, whereby it was not only enacted, that there should be a Parliament every third Year; but that upon the King's omitting to issue forth Writs of Summons, the Sheriffs, nay Constables might summon the Freeholders, and proceed to Election ; and that the Lords might also meet without any Writs from the King; which was quite contrary to the Original Constitution, by which (as you yourself grant) there could be no Parliaments without his Summons ,• he being Principium,Caput & F)nis Parliament. And if so, it seems wholly improbable, nay impossible to me, that your Two Housesshould have, by the Original Constitution, any Power of meeting or doing any thing without his Majesty s Consent and Allowance : And we know that at this Day, the Speaker, in the Name of the House of Commons,desires of the King, Liberty of Speech. And King Henry VIII. and Gnieen Elizabeth did sometimes rebuke theHouse of Commons, and sent to them to desist, when they were about to pass any Bill they did not approve of, or to meddle with those things which did not belong to them: Which plainly declares, that (contrary to your Assertion) neither of the Two Houses have any Power to proceed upon any Business, or to pass any Bill which the

King

King disapproves of. And though I grant that they do not ask the King's Leave for the bringing in, or passing of all Bills whatsoever in either House; or that the King can command them to give him what Money, or pass what Bills he pleases; yet this Privilege must needs proceed from his Grant or Concession: Whereby, though he hath discharged them from an active Obedience to such Commands, yet hath he not thereby divested himself of any of the essential Rights of Sovereignty,or at all discharged them from a Passive Obedience, or Submission to his Power, supposing the worst that can happen, that he should take away what lhare he pleased of the Subjects Estates without their Consent; or make his own Edicts and Proclamations to be observed for Laws: Since the King's Authority is prior to all others, and that (as the Statutes of Edward VI. and Queen Elizabeth, which I have already quoted, expresiy declare,) AB Power, Authority and JurisdiElion, Spiritual and Temporal, is derived•wholly from the King: So that unless your Legislative Power of Parliament be ':. somewhat, that is, neither anAuthority nor a Jurisdiclion, it is by this very Body acknowledged to be wholly deriAed from him : Nor have you yet answered this Argument, nor I believe can you do it.

F. As for your History which you promise to give me, of the absolute Power of our first Saxon and NormanKings, I desire you to defer the speaking of it' 'till artother time, it being now late : Yet I do not doubt but to prove, that what I assert concerning the limited Power of our Kings, even by the Original Constitution of the Government, is no Romance, but true History. Nor are the Reasons that you have now urged to the contrary prevalent enough with me to alter my Opinion : For I think I am able to prove somewhat more than I but now asserted, viz,, that the Wittena Gemote, or Great Council, met constantly once a Year, or oftner, when Occasion was, under the Saxon Kings, without any Summons from them; as when we come to the particular History of this Matter, I (ball shew you more at large. And also, that for the first hundred Years, after the Coming in of theNormans, the Great Council, or Parliament, used to meet of course at the Kmg's Court, at two or three of the great Feasts of the Year, without any other Notice by Writ or Summons. The first mention we find of such Writs, being in King Johns Magna Charta : But that when these Assemblies became less frequent, by reason of the King's discontinuing of them ; and because of the Ease the Nobility and People found, in being discharged from so constant and chargeable an Attendance, they came to be so discontinued at last, that, as you yourself confess, there were fain to be express Laws made for their more frequent Meetings: And though the Power of summoning them, was still left wholly in the King; and that he did very often dispense with the Calling them, according to the intent of those Statutes ; yet doth not this prove any legal Prerogative in him so to do ; Wut that it was a high Breach of Trust, and also of his Coronation Oath, when he thus omitted to call them : Since our Kings were formerly sworn to keep, and observe those Laws, quas vulgm elegerit, which the People either have, or should chuse, con- Rot. Claus, i strue it which way you will ; though 1 own in French it is in the Preterit, auera & *•• *; i°eleu, Jhould have chosen. And as it is an old Maxim a Faclo ad Jus non valet con-Pars Vnu*' jequentia, so it is no true way of Proof, to argue from an illegal Exercise, or Abuse of Power, to a legal Right of Prerogative- And though the Parliament might not always actually question,* or find Fault with their Kings for thus neglecting to call them; because, perhaps the Publick sustained no present Damage from it; and that they thereby escaped the giving the King those Taxes and Aids which he usually demanded of them at such times: Yet when the long Forbearance or Omissions of Parliaments became a general Grievance, by reason of those Encroachments that the King and great Men often made upon the People's Liberties in those Intervals; and that the King look'dupon it as a piece of his Prerogative to abuse this Trust as far as he pleased: Then (and not 'till then) there was need of a Law, that there should be a Parliament every Year; and that in case of any Failure of Summons on the King's part, the People might proceed to Election without it, which was not so properly a new Law, as the Restoration of the old Constitution ; since anciently the People met the ,

King

King at these great Councils, at such set Times of the Year, as I {hall prove, when we come to the History of Matter of Fact, which I am not at all afraid to be judged by. And then also, I shall shew you, that tho' the King is now Principium, Caput & Finis Parliament!, (that is, the Parliament properly so called) yet that the great Council, or Assembly of the Estates, had, from the first Institution of the Government, a Power of assembling themselves, in cafes of Necessity, such Vid. Walsing-as are doubtful or disputed Titles to the Crown, or the Absence of the Success ham & Mat. for; and then they have often met by their own inherent Authority; and have Westminst. either settled the Succession of the Crown, as they thought good ; or else have in the begin- reC0gnized an Hereditary Right in the Absence of the Heir; as when King KinJiRelL Edward the first was in his return from the Holy Land : Or else to depose the '"g g»- £jng>S Justiciary,when he abused his Power, as in the Cafe ofWilliam Longchamp, Hunt"*"*'/ Bishop of Ely, who was left Vice-Roy by King Richard the first, when he went R&?Hoveden into the Holy Land.

And though I own that some high-spirited, and yet well-beloved Princes, might take upon them a Power ofrebuking the House of Commons when they meddled with Business they did not like: Yet this Submission proceeded from the great Reverence they had for their Persons, and Confidence they placed in • their Government. Since we find only those Princes that were wife and successful in their Government, and so became the Darlings of their People, such as Queen Elizabeth and King Edward the Third, (for as for King Henry the Eighth, I remember no Instance of it) who durst venture to act thus. As for the desire of Freedom of Speech, it is but a Compliment; for how can the Grievances of the Kingdom be redressed without speaking freely of them ? And if one great End of Parliament was to redress these Grievances, it were altogether in vain for them to attempt any thing in this kind, if the King could Browbeat them from it, whenever he pleased. But BraElon doth not only tell us, Rex habet fuperiorem, Legem, & Curiam fuam Baronum, &c. in the place I have already cited: But the old Book, called The Mirrour of Justices, also teaches us the fame Lesson in his second Section, where, speakin^of the King's Power, he tells us, "That though the King can have no Peer in the Land,, yet nevertheless, if by his ownWrong he offends against any of his People, none of those that judge for him can be both Judge and Party. It is therefore agreeable to Right, that the King should have Companions to hear and determine in Parliament, all Writs and Complaints concerning the Wrongs of the King, Queen, and their Children ; and of them especially whose Wrongs could not otherwise have common Right. These Companions ate therefore called Counts, after theLatin Comites, &c. Nor can I think that any King would have erected a Court to have redressed the Wrongs done by himself, or his Family, whether he would or not. But as for your main Argument, frofc the Words of the Statutes of King Edward VI. and Queen Elizabeth, That all Authority and Jurisdiction, as well Spiritual cm"temporal, is derived from tlx King; I do own it true; that is, if meant of all derivative Authority, such as that of all inferior Courts, as well Civil as Ecclesiastical. For I suppose you yourself will not affirm, that the Ecclesiastical Authority of Bishops, as to their Right of meeting in publick Synods or Councils, is derived from the Crown. But the Truth is, the Sense ot this Statute is no more, than that all such Jurisdiction is immediately derived from the King, though originally from the People, (which Fortefcue calls Poteflatem a Populoeffiuxiam), and by them intrusted with him, as the Supreme Magistrate, to distribute it to all inferior Courts, which yet he cannot at this Day create anew without an Aft of Parliament: So that this will not extend to the whole Assembly of the Estates themselves; since I doubt not but to prove, by undeniable Testimony, that thatConstitution is as antient as the English Nation itself.

M. I see you have a mind to wrest the true Sense of this Statute by a forced Interpretation; but I hope at our next Meeting to prove to you, that our first Saxon and Norman Kings were absolute Monarchs; and that not only all the Liberties and Privileges we enjoy, but also our Civil Properties were wholly derived from them: And if so, it vyill also necessarily follow, that all Difference and

DistincDistinction in Honour or Power, by which the Bishops and Temporal Lords can claim to sit in Parliament, is wholly derived from those Kings. For as to the Commons, I need not go so high for their Original; since it is the Opinion of our best Antiquaries; and I think the learned Dr. Brady hath sufficiently proved it against Mr.Petyt, that they are no antienter than the latter End of i Henry the Third's, or perhaps the 18th of Edward the First's Reign. Nor do

Ithe Authors you have quoted for the independant Authority of Parliaments, (viz,. BraSlon and the Mirrour)mention any other than the Curia Baronum, or that of Earls and Barons, as the Author of the Mirrour hath worded it; by which can be meant no other than the House of Lords : For as to that of the Commons, had they been then in being, or had they had any thing to do in the Government, it is not likely these antient Authors, as well as our Acts of Parliament of those Times, would have omitted particularly to mention them. So that the higher I go, and the more I look on the History of our antient English Kings, the more absolute I find their Power, and the less dependant upon the People. Therefore I have very great reason to believe, that our first Kings were absosolute Monarchs, not only by the Original Constitution of Parliaments, but also that our very* Liberties and Properties proceeded at first from their meer <Grace and Favour.

F. I know you have asserted the fame things more than once: All the Difficulty lies in the Proof. And therefore I would not have you be too positive, or rely too much upon the Conciseness or Silence of the antient monkish Writers of those first Times. For since, as I own, they have never given us any exact Account of our antient Civil Government, nor yet of the History of their own Times; we are forced, for the most part, to pick out the Truth from Other Circumstances, or such Passages as we can meet withal in antient Laws and Customs j nay, sometimes from those of their Neighbours, who lived under , the fame kind of Government and Laws with our SaxonAncestors, as proceeding from one common Stock or Original as I shall shew you before we have done. But since we are already in Possession of our antient Laws and Liberties, and of a Right to Parliaments once every Year, or oftner if need be, by two antient Statutes yet in force, at farthest once every three Years, by a late Act of Parliament, it ought to be your Task to prove to me the absolute Power of our first English Monarchs; and by what Steps and Degrees they came to part with their Power, and to be thus limited as we now find them; and when you can shew me this, I do assure you J will come over to your Opinion. .'••' • '•' .'

M. I shall observe the Method you prescribe. And therefore, to begin with the first Entrance of the EnglishSaxons into this Island; I suppose you are not ignorant of so common a Piece of History, that all the Title they had to this Island was by the Sword or Cm^uest of their first Princes or Generals, who being sent by Lot, together wsth the' Armies that followed them out of their own Country, because it was toa harrow or barren to sustain such great Multitudes, they came over hither to seek new Dwellings. Now whether these Princes were made Kings before they came over, dr that they made themselves so immediately after their Conquest, will be all one; since if we consider them as Military Captains or Leaders of Armies, tfieir Power was absolute1, as that of all Generals ever was, and must' be by trie necessary Laws of Military Discipline. If we look upon them as Kings or Princes (as it is very likely they were also before they came over) , since they were certainly of the Blood Royal; all of them deriving their Pedigree from Woden their God, as well as first King; and being appointed Kings by their Fathers, or other near Relations, over those Parties or Colonies they were to lead out and Command, there is no Ground to believe they owed their Titles to the Votes or. Suffrages of their Followers. But after they'had fettled a Heptarchy, or Seven-Kingdoms, in this part of Britain called England, we find them governing, and leading their People like absolute Kings and Monarchs over their little Principalities : And since each Kingdom was conquered from the Britains under their Conduct, according to the


Laws of Nations, and Right of Conquest, all the Lands of each Kingdom belonged to the Conquerors; who, though they cantoned them out into Shares to their Captains and Soldiers, according to each Man's Valour or Desert, yet did this wholly proceed from their Bounty and Favour, who might have kept the Whole to themselves, if they had pleased. And hence it is, that not only since the Norman Conquest, but also long before, all the Lands of England were holden of the King, as the Supreme Lord: And if so, I suppose you will not deny, but that according to your own Principle, all our other Privileges and Liberties must have been derived from him; since you have already asserted, that whoever is Lord of the Soil of a Country, he is so also over the Persons of thePeople,

F. Before you proceed any farther, I pray give me leave to answer what you have now said, I doubt with greater Shew and Appearance of Truth, than the Matter will justly bear when well canvassed. But since I grant our earliest Writers are very sliort, in giving us the true Form, or Original Constitutions of our antient SaxonGovernment, it is necessary we look into the Roman Authors, who treat of the Laws and Customs of the antientGothic Nations,; a Stirs of whom the Germans, as well as our antient English Saxons, certainly were; and in those Authors you will find, that they, as well as other Nations of the Gothic Original, were never governed by absolute Monarchs; but by Kings or * Princes, limited by the Laws and Common-Councils of their own Nations j as were all those that descended from this Gothic Original.

In the first pjace therefore, fee what Tacitfti fays, in his Book De Moribm Germanorumi who sufficiently proves, that it was a fundamental Constitution of all the German Nations, to order all publick Affairs in General Councils or Assemblies of the whole People. Wherefore the fame Author there tells us : De minoribm rebmPrincipes consultant, de majoribm Omnes; ita tamen, ut ea quoque, quorum penes Plebem arbitrhtm est, apudPrincipes pratrattentur. As also that in this Council they try'd great Offenders for Capital Crimes. Licet apudConfilium accusare quoque & discri- . men capitis intendere. Nor was the Power and Right of their Kings Absolute or Arbitrary, but Limited and Elective, as appears by these Passages in the fame Author: Reges exNobilitate, Duces ex virtuteJumunt. Nec Regibus infinita, aut libera potestas, &c. And speaking of the manner of their holding these publick Councils, after Silence commanded by the Priests: Mox Rex (faith he) vel Princeps,prout atas cuique, prout nobilitas, prout deem bellorum, p out sacundia est, audiuntur, authoritate suadendimagis quam jubendi potestate. Si displicuit sententia, sremitu aspernantur j fin placuit, srameas concutiunt. Honorat issimum asjensm genm est armU laudari. So that you may here fee their Kings had no Negative Votes in their Councils, whatever they might have afterwards among the English Saxons; and that they did not so much as preside in them, but the Priests, you may fee in the fame place: Silentium per Sacerdotes, quibm turn cœrcendi jmest, imperatum. And therefore it is altogether unlikely, that they should have had that Absolute Power, you fancy, over the Lives and Fortunes of the People; since you plainly fee, that they could neither make Peace nor War, accuse or condemn any Man, nor rasse Taxes, without the Approbation or Consent of those Councils.

Now since all the English Saxon Nations were from Germany, I leave it to the Judgment of yourself, or any indifferent Person, to consider, whether a People so free as this, who came over hither not as Subjects, but only as Volunteers under so many Captains or Generals, who went out meerly to seek new Habitations, should be so fond of a Government they never knew at home, as to give these Captains (whom they made their Kings)' an Absolute Despotick Power over their Lives and Estates, which they never could endure in their own Country. But that they were not then Kings, I thus prove : First of all, no antient Writer that I know of ever mentioned any such thing, but rather the contrary ; for who will believe, that before it could be known what the Success would be, they should make meer Soldiers of Fortune, or Leaders of some Bands of Adventurers, Kings, before the Country they were to govern was conquered, or that they knew whe


{249}



thcr cver they should arrive there or not? And as for the two first of these Prin-
ces that came over, viz.. Hengist and Horsa, our Histories make them Brothers
with joint Command over those Saxons, who were sent hither as Auxiliaries to the
Britains, against the Pi8* i nor is Hengist ever called King, or the Time of his
Reign reckoned, till near eight Years after his coming over hither, viz,, after the sty*
Death of Vortimer, and the driving of Vortiger into Wales: And therefore I can Rad-
give no account how these Princes should become Kings, but by the Consent or 77$.
Election of their Soldiers or followers. For, as for themselves to create them-
selves Kings, without the Consent of their Army or People, is altogether impro-
bable and absurd, and not at all to be relied on upon your bare Word; for other
Authority you yet give me none. But for the main part of your Assertion, that
the first Saxon Kings were Absolute Monarchs, because all the . Land was con- ,
quered for them, and to their Use, and that all Land was held of them, is alto-
gether as precarious, our Histories being herein wholly silent. But tho' we do
not certainly know which way they divided their Conquest to their Followers.,
fince Authors mention nothing of it; yet this I think I may positively assert, that
whatever was done in this kind by the first Saxon Kings, was not as absolute Pro-
prietors of the whole Country, but as publick Trustees, for those over whom they
were sent: For since (as I have already observed) these People were utterly
Strangers to a Despotick Government at home, it is altogether unlikely, that
their Followers should confer upon them an Absolute and Unlimited Power abroad,
which they were never used to befote: And therefore they could not be Kings by
Right of Conquest over the Estates or Persons of those who were Fellow-Conque-
rors with them, and set them up for what they were; nor yet over the Britains,
since they were either totally driven out into Wales or Cornwall, or else those sew
that were left, being reduced to a State of Servitude, were by degrees incorpo-
rated with the Saxons..

And tho', for want of Antient Histories, as well as Letters, among so rude and barbarous a People as these were at first, we have no Records upon what express Conditions these Captains were by them elected to be their Kings; yet thus much we may find out by those few Remains we have left us in Bede and other antient Historians, that they had all of them the fame kind of Government and Laws, with very little difference from each other: Since we find, in all the several Kingdoms of the Heptarchy, there were the fame kind of Wittena Gemots, or Great Councils, by whom the Kings were elected, and without whose Advice and Consent they could do nothing of moment, either in Peace or War, as any one that will but read those Laws that are left us, collected by Mr.Lombard and Sir H. Spelman, in his Saxon Councils, may easily observe.

M. I own indeed, that our Saxon Ancestors, when they had conquered this B. A. P. p. 3 Kingdom, brought in their Saxon Laws along with them j but it doth not from thence follow, that they brought their Popular Government in with them too: And those Assemblies Tackm mentions, might be Councils of the German People in general, not of the Saxons, which Name is not to be found in all that Author. But what if it be granted, that those People, which were afterwards called Saxons, were governed by such Councils, was not this Government a Democracy? And the People so far from having a Share in these Councils, that they only had Voices in them. And if any had any more Power here than others, they were the Priests, who were a sort of Chair-men in them, commanding Silence, and who had a coercive Power, as Tacitus fays. In these Governments, no Man can doubt of the Suffrages of the People; but under such as you mention, you would, I think, scarce be contented to live, where the Priests bear so much sway; where there were no Cities or great Towns, but only scattered Houses, and Habitations by Rivers, Fields, and Woods, made of Dirt or Clay, Arms of Trees and Stubble; where there was no Literature, especially among the common People, nor scarce Civility; where there was no Cloathing, but with Garments made of Beasts Skins; no Food, but Milk, Pulse and Flesh, without Art or Cookery; where there was no Propriety in Lands, no Money, no Work for Lawyers, as you will find, if you read Tacitm, and the 6th Book ofCasar's Commentaries.

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And as for what you fay concerning the Beginning of the Saxon Kingdoms .in B. P.P- {-19, this Island; to this I reply, that Hengist and Horsa, and those other Leaders, who »o. brought the Saxons into England, were all of them of the Royal Line of the Saxvns,

Mat.Wefim. as appears by all our Historians; and so if not Kings, yet well able to subsist. ad an. 449- And it was. not the manner of those Countries, to thrust out their Supernumeraries by force, but to draw them out regularly by Lot, at such a Rate and Proportion, and to give them Generals and Officers of great Birth and Degree.

Nor is it probable, if they had made Articles with their Followers, that these Princes should have had such Absolute Authority, as they had, over the Lives and Fortunes of their Subjects, in the more early Times, almost all the Privileges of the English Nation being granted long since that time; nay, most of them sincethe Conquest; yea, since the Barons Wars. But as for what you fay concerning the Gothick or Vandal Kingdoms, since they relate nothing to our Government, I need not fay any thing to them j nor doth it follow, that if their Kings were limited, or but upon condition, that ours must be so too. ;»

Vid. Versie- F. I fee you would fain evade the Authority of Tacitm, concerning the People's gan. Refiitu- having any share of the Government amongst the Saxons, because, forsooth, that tion of decay- Natjon jS not particularly nam'd in his History : But tho' the Saxons are not par* edsntelh- tjcuiariy nam'd by Tacitm, yet the Angli are there mentioned among those German gence, p. 23. ^at^onSj wsl0 ^rfoip'd their common Goddess Hertha, which that Author interprets to be Terra, the Earth j and you-very well know, that from these Angli, Tacit, de or Angles, theEnglist Nation as well as Name is derived. But tho' "Tacitus, who M>r. Germ. jjye(j aD0Ut the Beginning of the Emperor Trajan's Reign, names not the Saxons; Vid.Ful. in yet Ptolomy, who writ within 40 Tears after, exprefly mentions them, placing their Tab. 4. £»- Country not far North of the River Albis, and near the Place where all agree the rf • Angli were seated; so that they were either all one and the same Nation, or very

little different. But Etlxlwd Qua/lor, one of our antientest English Saxon Historians, in his first Book, makes this Nation of the Saxons of a far wider Extent, and than it reach'd from the River Rhine all along the Sea-Coast up toDonia, now called Denmark.' •■«. ;i. .

But since I see you cannot well tell how to evade this Testimony of Tacitm, but by affirming, that the Government in Germany was a Democracy; and, that the People had the only Sway in it, is a great Mistake, since he exprefly mentions their Kings and Princes, and there only speaks of the manner of transacting all publick Affairs, in which, it is true, the People (as it is very well known by our dhtient Histories) had formerly a greater Share than now; yet doth he not thereby exclude their Princes and Nobility from having also their Shares in it. And "as for what follows in TacittH, of the Royal Power, autloritate suadendi, magis quant juhendi fotejlate; I suppose you cannot deny, but that Privilege yet remains to us, since the King cannot command the Parliament to make what Laws, or give him what Money he pleaseth: And therefore that doth not make it a Democracy, much less the Priests presiding in their Assemblies, which; is no more to be wonder'd at, than that the Bishops have still Votes, and their Share of Legislature in the House of Peers; or that a Bishop, when Chancellor or Keeper, should be Speaker in the House of Peers. Or supposing that their Priests had more Power among them, than the Christian Clergy had after they were converted, doth it therefore follow, that it was not the fame Government, or that it must therefore be so intolerable, that I would not have been willing to have lived under it? Since, I must tell you, I am not against Civil Offices, though exercised by Clergy-men, as far as the Business of their Function, and the Car nons of the Church will permit. As for the rest which you object concerning the barbarous living of the antient Germans, it either makes nothing to the matter in hand, or else against you; since it proves plainly, that Absolute Monarchy was not the first Government among all Nations, as you suppose. Nor doth it therefore follow, that because these People were rude and barbarous, therefore they had not the Wit to prefer Absolute Monarchy before fore all other Governments, since the Romans (who sure were a civiliz'd People) did likewise as much abhor it.

But as for what you fay against Hengist, and those other Leaders, who brought the Saxons into Britain, being elected Kings by their Followers, isnothing but meer Guess and Conjecture. For that they were not Kin«s at home, you your self grant; and whether they were able well to subsist at home, or not, is nothing to the purpose. It is plain they thought they could mend their Condition, or else would never have left their Country. Andtho4 it be granted, that Hengist, with his Followers, came not over as Enemies, but Auxiliaries, to the Britains; yet it is not therefore more likely, that they were chosen by the King of their own Nation, than that their own Fallow-' ers should afterwards elect them, especially when the one is agreeable to our own Historians, and the other not: ForMatthew Fhrilegus tells us, that Horfm being slain,- .the Saxons. Fiatrem futon Hengistum in regmtni Cttntiafuhlima-1 ixrunt; that is, they elected or advanced him to be King, if I understand any thing by that Word: And this agrees wkh the Polichronicon of Ranulph Higden, who places the Beginning of Hengist's Reign immediately after the Death of his Brother Horsus, -viz.. Anno Dom. 465. eight Years after the coming of the Saxons intoBritain. And that the rest of the Saxons, who came hither after, had no better Title than Elections, I could farther prove, if; the Time would give me leave: For they that will read the antient Accounts of the Saxon Nation, and what Government they had among them, ■ long after the Time of Casar and Tacitus, will find that it was impossible that they, mould be thus created Kings before they came over ; . since at that time they had no such things as constant Kings- amongst them: For in' those Times it was rather an Aristocracy than a Monarchy,1 asJohannes Po~ marius in his Saxon Chronicle slieweth us, for which I refer you to Verftcgan,' where this Passage is made use of at large. Verstegan, p. (58. So that if this' were the Government of the Saxons as low as the Time of Charles the Great, I durst leave it to any indifferent Person to judge, whether the first Saxon Kings in this Island were made so by their own Princes before they came over, i or were chosen by their Followers; since no Historians mention^ the former, tho' all of them agree of the latter-: They commonly using'this Phrase, Regetnfecerunt, or ekgerunt. And that all the first Kings of the Hep-iW* Earlof tarchy were Elective, nothing is more plain; since the Great Council of tht^"""^ds Nobility and People did not only elect them, but often depose them too, when'.^%et£n\  they grew intolerable, through Tyranny or Misgovernment;' as may appear Quarter Sesby the Example of Sigiben, King of the West-Saxons, and divers others I could Cons atLeiinstance in, who were expelled this Kingdom (as Brompton and other antient c f£> ^9°' Chronicles tell us) by the unanimous Consent and Deliberation of the Nobility Notes theraand People. Many like Instances I could give you in the other Kingdoms of the uponHeptarchy, but that it would be too tedious. • ■ Vide Bromp

," I . i , ton. Chron.

Nor doth your Reason signify any thing, that it is not probable that the first ['I'jJ^ Princes were made Kings upon condition, because os the absolute Autho- iiM'rt)St rity^they had over the Lives and Fortunes of their Subjects, since it' is alto- f, IJ7. gether false in Matter of Fact; none of the Saxon Kings being able alone to make Laws, or impose Taxes upon their People, without their Consents in their Great Councils, much less to make War without it: For then the War, though begun by the King alone, must have signified little in an Age, when there were ab Standing Armies, nor Money in the Prince's Power to pay them, there being then but little Coin of any fort, and their Revenues being mostly paid in Victuals.-

M. Pray, Sir, give me leave to interrupt you a little. I «oWn indeed, that the particular Laws and Constitutions of each of the Kingdoms of the Heptarchy are not particularly known; and perhaps some of their Kings might be Elective, and consequently Hable to be deposed by their People, whetnerby Right or Wrong, I will not now dispute: But if we cbiisider the State

K k 2 os

of things, after these seven Kingdoms became reduced into one, you wiM find them much altered; and as Egbert,our first Saxon Monarch, reduced ail those Kingdoms into one, so it is to be supposed, that having no Right to them but by Conquest, and the Submission of their Kings, when overcome in Battle, both he and his Successors must needs have- become far more absolute than they were before; and if they were Elective before that time, did now certainly become Hereditary Monarchs, the Crown descending from Fa* thcr to Son for divers Descents: And so consequently these Princes granted divers Privileges and Liberties to the People of those Kingdoms they conquered. And that they were no other than the free Grants or Concessions of our former Kings, upon Petition or Request of the People, and accepted by the Clergy, Nobility, and People.of the Kingdom, in their Great Councils. For this Ineed go no farther than the Coronation Oath taken by the Kings of England^ when the Archbishop of Canterbury asks the King: Sir, will you gram and keep, and by pur Oath confirm to the People ofEngland, the Laws and Customs granted to them by the antient Kings of England your Predecessors; and namely,the Laws avd Customs and Liberties granted to tlx Clergy and People by the Glorious King Edward yourPredecessor? . . .

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From whence we may observe, that all the Bishops, Earls, Barons, and People there present, do own and confess, that their most antient Laws, Gnfi toros, and Liberties, were granted to them by Edward the Confessor, and other antient Kings. .. , x.:: :ro> •

F. I doubt you will prove as much out in the Account yon give me ©£ our Kings Power, after the seven Kingdoms were reduced into one, as you were before* For though I grant, that the Title of the West-Saxon Kings over all the rest proceeded from Conquest, and the Submission of the Kings and People they conquered; yet were they not all actually reduced into one Kingdom or Monarchy till a good while after; the Kings of Mercia, and of the East Angles, continuing in being till the coming in of the Danes, as you will find by our Saxon Annals. And though 'tis true, the West-Saxon Kings made those Princes tributary to them; yet that they did not become more absolute thereby, appears from the Testimony of out antient Histories; fince we find them transacting all Affairs in their Wittena Gemots, or Great Councils, as well after their Conquest, as they did before. And therefore we find, in an old

Vtl. 1.^.367. Register of St. Leonard's Abby in Tork (cited in the Monasticon Anglicamtm, put out by Mr.Dugdale) this memorable Passage: Memorandum quod anno Dor mini 8oo, Egbertus, Rex totius Britannia, inParliamento apud Wmtoniam mutavit nomen Regni (de confenfu Populi fui) & jujjit illud de catero vocariAngliam. And

Cb. 6. WiU. of Malmsbury, that antient and exact Historian, fays exprefly of this King Egbert, Lib. 11, Hasomnes Regnorum varietates Egbertus animi magnitudtne compejcuit, & ea uni quadrans Imperio ad uniformeDominiwn, serums unicuique proprias Leges, vocavit Angliam. It is therefore most evident, that upon the Submission •» of those Kingdoms he conquered, he promised and agreed to govern them according to their antient Laws; and hence we find the Mercian Laws called Menhen Lage, to have continued in force long after that Kingdom was united to that of the West-Saxons. '• .

Nor will your Inference from the Coronation-Oath prove of any greater moment: For tho' it be therein recited, that divers of the Laws, Liberties, &c we now enjoy, were granted by King Edward the Confessor, and other Kings j yet must it not be so understood, as if the People of England had no Laws or Civil Rights before his Time; for that were to contradict plain Matter of Fact, and the Histories themselves I have already cited. But why they were called his Laws, and his Customs, William of Malmsbury hath very well observed, when speaking of the good Laws made by antient Kings, and especially by King Ethelred, which were consirm'd. by King Cnute, he hath this remarkable Passage! In qttarum custodiam etiam tune temporis bonarum, sub nor mine Regis Edwardijuratur, nan quod ille statuah, fed quod obfervaverit. The like I may say for the Laws of divers other SaxonKings; which though they go under their Names, yet were made by the Assent of the Great Couneil of the Kingdom, as by the Titles of the Laws themselves in Mr. Lombard** and Sir H. Spelmdns Collection of them, you may be satisfied if you please.

But for a taste, pray see the Laws of King^ Alfred; which, though said to be made by him (as indeed it is true, he compiled them out of divers other Laws, formerly in force in the other Kingdoms of the Heptarchy.-) Yet that they were also assented to bV_the Wittena Germts, pray see the Conclusion of these Laws in Sir H. Spelman. The Words are remarkable; Ego Ælfredm, Wefb-Saxonum Rex, estendi hxc omnibm Sapientikm mek, & dixeriiht placetea custodiri. So that the calling them the Laws of King Alfred, ot King Edward, doth no more prove that they alone madei them, than our now citing such or such a Statute of King Hen. 8. or King Charfetl* do therefore suppose, that those Kings made Laws by their own Sole Authority such Phrases among ancient Historians, as well as ourselves at this J)ay, being used only for Brevity sake, and signify no more than their Confirmation of them.,;>v- •» <''

M- I shall not deny, but that our ancient English Kings did for the most part make no Laws without the Consentof their Great Council: Yetl think I can give you an unanswerable Argument to prove^ that the very Being and Constitution of Parliaments, or Great Councils, did in the beginning wholly proceed from the Grace and Favour of some of our ancient Kings; though to which of them to aseribe it, is not easy to determine. But *f we may believe your own Author the Mrirmir, he tells us almost at the very beginning; That King Alfred, for the goodState of the Realm, caused to ajjsemble t/x Counts er Peers; and then ordained for a perpetual Custom, that twicein the Tear, er oftner, for Business in time of Peace, they should affenr tie at London to treat of the Governmentof the People of God, and how Folks should keep themselves from Offences, and live in Quiet, and (hduld receiveRight by certain Usages and Judgments. And according to this Establijhment -were made divers Ordinances byseveral Kings, until the present King (viz,.) Edw. istV

; But to come) to the Proof of what I affirm; it is certain, that in those first Times the Saxon Kings conferred all the Btfhoprieks, and principal Abbeys in England, per Annulum & Baculum, as Ingulf and Malmsbitryexpresly tell us. And as for the Earls or Aldermen of Counties, as also the Great Thanes, Judges or Noblemen of the Kingdom," they were only Offices held for Life in those Times, which the King might discharge them of at his Pleasure: And hence we find the Tkles of Aldermanm Regis, and Thanm Regis, so frequently to occur in our ancient Histories and Charters: Those comprehended under the general "Name of Wites, being the only constituent Parts of the Great Couneil of the Kingdom in those Times; for as concerning those we now call the Commons ofEngland,*'we do not fo much as find the least mention of them, or any Representatives for them, till the latter end of theReign of King Henry the jd. or the middle of Edward the ist. as I think Dt. Bradj hatti learnedly and fully proved in his last Edition of his Answer to j»fr. Petyt's Treatise of the Rights of the-Commons of EnglandAfferted. Now if it plainly appears, that every Part or Member of the Parliament did anejendy receive their very Being from the meer Grace and ConcrfBon of our ancient Monarchs j can you, or any reasonable Man, assert with any colour of Truth, that our Great Councils, or Parliaments, could be a Part of the Fundamental Constitution, and as. ancient as the Government itself? And if Parliaments did thus receive all that Authority they now exercise from the King's Bounty, can any Man doubt whether all the Rights and Privileges we now enjoy, are to be ascribed to any other Original? For it the very Keepers (as you wiH have it) of these Liberties, did all proceed from the King, then certainly the things to be kept must do so too; and when you can answer this Argument I have now brought, I think I may safely promise you to be your Proselite, and to coine over to your Opinion. - ■



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A/. I confess, this is the most plaufible Argument you have-.hitherto urged; and if I can't answer it, I do likewise promise you to become your Convert, But though, granting that Parliaments might have received their Beiug from the Favours of our Kings, I might deny your Consequence, that therefore it will sollow that all the Rights and Liberties of the Subjects, os England,muH do so too; since they might very well have reserved to themselves both Hereditary Properties, as also a Right to their Lives, Liberties and Estates, which the King should not take from them without just Cause, and legal Trial; which when they sound invaded by succeeding Princes, they might then, (and not till |hen) find constant Great Councils and Parliaments to be neceflary for that end, and as the firmest Bulwark against the Tyranny of succeeding Princes: But the Author of theMr*. rour, in the Section before the place from whence you took your last Quotation, exprefly tells us otherwise; that upon the first Election of a King to reign over the rest os the Saxon Princes, they first of all madejnnt to swear, "that hewouldjnaiw tain the Holy Christian Faith -with all his Power, and wots Id govern his People according to Right,without regard to any Person, and should be liable to suffer Right (i. e. Judgment) as well as others of his Peofle.And though I do not give any Credit to all the Story he there relates of 40 Sovereign Princes in this Island at once; rye£j$be Substance of it may be true, that this Election was made of King Egbert, byjthe 40 Earls or Counts of those Provinces, which were aseerwaiji r by[ King -^Sfred called Shires. ^ i ut 1 .' -c'J ..O io .<::mxii:Bt}

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But that this Author ascribes the Beginning of Great Councils to the first;|nr stitution of the Government, pray see .what he tjiere farther' fays.: : -Ani_ though the King can have no Peer in the Land, nevertheless, , if bybisjKwn Wrong he offends again/i any of his People, none of those that judge for him can be both Judge andParty.{. It if therefore agreeable to Right, that the King Jhould have Companions to hear and determine inParliament all Writs and Complaints concerning the Wrongs of \ the JLing, Queen, and their Children, of whichWrongs they could not otherwise hœue common Right. lhtse.Comr  panions are therefore called Counts, after theLatin, Comites. Whereby you may see, that this Author and BraElon, who were Contemporaries, were of the fame Opinion in this important Point: And I cannot imagmebow any Prince,, who had Power sufficient in his hands to do what he pleased, (as you suppose our Engli(b Saxon Monarch? to have had at the first) would ever, if theyScpuld have help'd it, have instituted a Court, one of whose chief Businesses it was to examine and redress the Wrongs and Oppressions of themselves, their Wives and Children. ■ ;~t. . , „■>.■•. j.i-:... o.Jlt-j 3:■ ;>n.

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But besides all this, what you fay might be somewhat likely; that our Parliaments, or Great Councils, did owe their Original only to the Kings good Will and Pleasure, did we not find the like Constitution to have been, in all the Neighbouring Kingdoms in Europe, which have been raised according to the Gothic Model of Government, upon the Ruins, of the Roman Empire. Now let us look into Scotland, and there we shall find this Institution as ancient as any History, or Record they have. If we. pass into France, we* shall find their Assembly ,of Estates, or Great Council,- to have been as ancient as their firstlings, and to have Yu B>ttoman\\2A as much Power as any where else in Europe: Since they nor. only frequently framoGallla. cieQ;ed, but also deposed their Kings of the first Race, and disposed of the Succession of the Crown as they thought sit. • If we look ;mto Spain, ^we shall find in the two greatest and most considerable Kingdom, viz,. Castille a.nd, Arragon, the like Assemblies: The Power of which was so great in the latter, that, they could even depose the King himself, if he tyranniz'd over or qppress'd them. If we go more Northward, we shall find in the ancient Kingdoms of Denmark and Sweden, andNorway, that their Assembly of Estates, or Diets, elected their Kings, and could likewise depose them, till those Kingdoms became Hereditary, which was but of modern Times. I shall omit Poland, because perhaps you may dispute whether it is a Kingdom, or a Commonwealth." But if we pass into Hungary, which was instituted by theHuns, a Nation of Gothic Original, we shall find not only the like Assembly of Estates, as in the other Kingdoms;but also that they had a Magistrate

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• gistrate called the Palatine; who was, as it were, the Conservator of the People's Liberties, and who could resist even the King himself if he invaded them,• and which is also very remarkable in all these Kingdoms> the Representatives of the Cities, or principal Towns, (which constituted the third Estate, or Commons in those Kingdoms) had always a Place in those Great Councils. ,

So that, td conclude, it is almost impossible to conceive how these Kingdoms I have now mentioned, couki all agree to fall into the fame fort-of Government about the fame time, unless it had proceeded from the particular Temper and Genius of the German and Getbick Nations, from which they were derived: Or who can believe, that all these Nations, and their Kings, finding the like Conveniencies from these Great Councils, and Inconvenieneies by the want of them, should all conspire to set them up in each of these particular Kingdoms.

~M. I will not deny but that the Institution of Great Councils, or Assemblies of the Estates, might be as ancient as the Government itself, in several of those Kingdoms you mention, which were at first elective: But what is that to England, where our Monarchy hath been by Succession from the first Institution of it, and hot Elective, as you suppose? Nor do I much value the Authority of the Mirrour as to the great Antiquity he afcribes to this Assembly of Counts, or Cvmites, (as BraElen calls them) and in which, by the way, no Commons are mentioned.) And though-1 grant, the Judicial Power of the House of Peers, is very our Kin_ Presence

learned Treatise written :on that Subject: Wherein he proves, that in all Consultations of State, and Decisions of private Plaints, it is clear from all Times the King was not only present to advise, but also to determine. And whensoever the King is present, all Power of Judging, which is derived from his, ceaseth; the Votes of the Lords may serve for matter of Advice, the final Judgment is only the King's: But indeed of late Years, Queen Mary and Queen Elizabeth, by reason of their Sex, being hot so fit for publick Assemblies j have brought it out of*use; by which means it is come to pass, that maihy things; which were in former Times acted by Kings themselves, have of late been left to the Judgment of the Peers; who, in quality of Judges extraordinary,'; are permitted, for the Ease of the King, and in his Absence, to determine such' Matters as were anciently brought before the King himself, sitting in Person, | attended by his Great Councif of Prelates and Peers: And the Ordinances that are made there, received their Establishment either fVoni the King's Presence in Parliament, . where his Chair( of States inconstantly-placedi ot at least from his Confirmation ofthem, who; hV all Courts? and in afl Causes, is Supreme Judge-; All Judgments ire'by, or under him,' ind cannot'bje wjthout, much less against his Approbation5:'The King only, and none but He,'if 'He'-were abk, fiould jbdge aM Causes, faith Wafttm. " So thafnothing seems plairiet to me, than that- the Jurisdiction which the House of Peers have hitherto exercised for the Hearing and Determining all Causes, as well Civil as Criminal, by way of Appeal, not only between Subjects, but aHb iri all Accusations againjl the Lords themselves,- proceeds wholly from ihs Concession of out Kings; which may appear by an ancient Precedent, mentidned by Abbot Brampm in his History- It is the Case- between King Edward the C<mjej]or; arid GodwinEarl of Kent; whom the King accused for the Death of yu Script, j his Brother Prince Alfred, before the Honsc of Peers; and there you will find, Ann. 1041. that after the Earl had put himself u'pOn the Judgment of the King's Court, the Col. 937. King thereupon said; "You Noble Lords, Earls and Barons (i. e. "thanes) of

* the Land, who are my Liege-Men how gathered here together, and have "heard my Appeal and GodwinsAnswer; I will, that in this Appeal between "us, ye decree right Judgment, arid do true Justice." And upon their Judgment, that the Earl should- make the King sufficient Satisfaction ih Gold and Silver, for the Death of his Brother; the King being thereof informed, and not willing to contradict it, {the Historian there faith ) He ratifiedail they bad judged. I could give you many other Precedents of latter Date, were it not too tedious:

But

But this is sufficient to sliew, that what the Peers acted in this matter, was by the King's Sole Will and Permission. I shall only conclude with one Precedent more, in a Cafe somewhat of a like Nature. It is that ofHenry Spencer Bishop of Norwich, 7 Rich. II. who was accused for joining with the French: The Bishop complained what was done against him, did not pass by the Assent and Knowledge of the Peers: Whereupon it was said in Parliament; "That the Cogni"zance and Punifliment of his Offence, did of common Right, and ancient Cus"torn of the Realm of England, solely and wholly belong to our Lord the King, "and no other." From all which I infer, that the Judicial Power exercised by the House of Peers, is meerly derivative from, and subservient to the Supreme Power residing in the King. From whence it also follows, that if the Peers have no Power nor Honour but what proceeds from the Prince, and that the Commons were of .a much later Date, then both the Being- and Privileges of both Houses had but one and the self-fame Original, viz.. nothing else but the meer Grace or Favour of our Kings. I have only added this, the better to enforce rfly former Argument; and therefore I desire you would now answer them both together.

F, I am very glad your last Argument doth not prove so formidable as you suppose; for to remove that out of the way, I must tell you that you now very much mistake the Question j which is not only concerning the Judicial Power of the Peers alone, but the Legislative Power of the House of Peers and Commons taken together, which is the Subject of our present Dispute: And therefore if I should grant you, that the Judicial Power of the Peers is derived wholly from the King; yet would it not at all impair the Legislative Power of cither of the Houses, which no Historian or Law-Book that 1 know of (that is of any Credit or Antiquity) ascribes to the King's Favour, as you suppose: Nor is it true, that the House of Peers can give no Judgment, either Civil or Criminal, without the King's Consent or Approbation, which is never so much as ask'd, let the Cause be what it will; nor is his Presence at such Judgments at all necessary; but indeed you confound the King's Council in Parliament, (where I have shewed you already, he sat and dispatched divers Causes in a Room or Chamber, distinct from that of the Peers) or House of Lords.

But to come to your main Argument, that our Parliament must owe its Original to the King, because each os the Estates of which it consists, doth so. This I hope will prove as weak, when thoroughly considered: For first of all I • could (hew you, that these Councils could not owe their Original to the King, since the Saxon Kings rather owed their Original to them, by whom they were most commonly elected, as I could sliew you out of our ancient Historians, if it were now a proper time for it. But as for our Bishops and Abbots, &c which anciently made so great a figure in our Saxon Great Councils, (which I can shew you, were then both Civil and Ecclesiastical Assemblies) I have already proved out of Tacitm, that among the ancient Germans (a part of whom our ancientEnglish Saxons were) their Priests (who were their Clergy) had a conside1.1. c. i j. r3ble Authority in their Common Councils. And can any Body believe, that a Sort of People so powerful and subtile, as the Priests then were, would lose their Power after they came over into England? And we find in Bede, that Edwin King ofNorthumberland consulted with a Council of his Great Men and Priests, concerning his embracing the Christsan Religion; and when it was generally received, can any Body think that the Christian Bishops and Clergy would not expect to succeed in the same Station which the Heathen Priests before held in their V,. %/.CW. Councils? And that they enjoyed this Power very early, appears from hence, that , p. 619, too. the fame Ethelbert could not endow the Church and Monastery of Canterbury, sine AJsensu Magnatum &Princifum tarn Geri quam Populi.

( But indeed you are as much mistaken in the Manner of the ancient Elections

of Bishops and Abbots in England: For though I own that at the time of the Conquest, and somewhat before, there might be no such Elections of them as the ancient Canons required j yet that this was not so at the first, you may see

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in Bedes Ecdesiastical History, and other Historian?;' where it is often men? * dotted; that Bishops were chosen, according to the Canons, by the Archbishops and Bishops of the Province, and Abbot's by their Convent: Nor was the King's investing of them per Annulum, & Bacutum, then Iook'd Upon as any Derogation to their Canonical Election, that being ho' more than either a Ceremony of investing them with their Temporalities, or a Token of the King's Confirmation of the Election. And thai? this was so,' appears by KingEdgars Charter to the Abby of Glastonbury wherein he retains to himself, and his Heirs, Jm tribtmdi fratri ElectoBacUlum Pasiorttlem'.' '1 JliJ''

But that which so much scandalized both Ingulf and Malmsbur), was a Custom then in use, as also long before the Conquest, of Confirming the Bilhop Elect in a full Synod or Parliament. 'And to this Custom Ingulf refers, when he tells us, A multis annis feroaElis nulla erat £let~iio Prelatorum mere Libera, &Camnica  '&d j„gK$],.&t wines Dignitates tarn Epifcoporum quam Abbatum Regis Curia pro fun Complacent ia. con- sol jqj, b. ferebdt.yfhere, by, Curia Regis, you must not understand the King's Court in the Sense it Is commonly taken, but for the Great Council or Mikel Synod, as it was then called, and which dispatched Ecclesiastical, as well as Civil Affairs, in the fame Sense as Curia. Regis is used by Bromfctoh; in the Case of King Edward'and Earl Godwin, which you but now cited: And in which Sense it is always use^Lby Ingulf, when he speaks of the Great Councils under the'two Williams. I will not be verv tedious oh this Subject; and shall therefore give you but one Authority on thiS Head; aid it is that" of Wulstan, who was made Bishop of Worcester in the time of Edivard the Confessor;and that, as Matt. Paris tells us, Unanimi confenfu iamCleri, tyi'am totiM Plebis (Rege ut quern vellentjibieligerent Profit-p- ao. 10. km annuente) in Epifcbpum ejufdem loci tligiiur. And then he goes on thus; Nam licetfratrum norideejfet EleBlo; yet that? there concurred to it, Plebis Petitio, Vbluntas EpifcoporUm,' GratiaPro'cerum, Regis Autboritas: All which amounts to no more than that he was proposed by the People, chosen by the Bishops and Peers, and Confirmed by the King: Yet that all this did not hinder him from being invested ferBaiulum, & Annulum, as the Custom then was, niay appear, .by the Speech this Bishop Wulftan'xAZ&t at the-Tomb of Edward the Conjejsbr; whither he wenp tp resign" his Pastoral Staff after his being deprived of his/Bislioprjck !by Archbjffiop tahfrank, and the Synod. And the Conclusion or this Speech is remarkable, "Tibi(soil. Edwrtrdo) Baculum rejigho qui dedijli, Cur dm eorum dbhitto quos mihi commetidasti. A like, Example I could give you of the Election of, this Archbishop Ldnfrank himself in the King's Curia, or Great Council, not, long after the Entrance of King William. But for this I refer you to Eadmerus^ and the Reign of thjit'King, printed at" the end of Mr. "Taylors History of Gavetymct. 7#fKj.

^'l^admitting that the King alone had in those Days conferred all Bishopfifiksi 'does it therefore fallow, that his Nomination of Bishops, in the pursuance 6f :that Trust Hyhich the ^Kingdom reposed in him, did likewise make them to.^erive all,' the Right they had to sit in the Great Council from the King's soje Authority ? j Y^i -msght indeed With' as much Reason urge, that because

Jhe 'Emperor.^ieWi^i (as likewise divers of his Predecessors) did nominate 5ishops to Sees; therefore''tHey did likeWise receive from them all the Authority they had of appearing and acting in General Councils, which I am sure you aje too good a Church of England Man to affirm. :?| .

". '.M.'l must^cOnfessJf'nkvetdid so closer}' examine the antient Form of conferring > of Bimo'pricVs before