A LETTER TO Mr. SAMUEL JOHNSON, Occasioned by a scurrilous Pam­phlet, intituled, Animadversions on Mr. Johnson's Answer to Jovian, in three Letters to a Country-Friend. At the End of which is reprinted the Preface before the History of Edward and Richard the Second, to the end every thing may appear clearly to the Reader, how little of that Pre­face has been answered.

Both written by the Honourable Sir ROBERT HOWARD.

London, Printed for Thomas Fox, at the Angel in Westminster-Hall, 1692.

A LETTER TO Mr. JOHNSON.

SIR,

THE cause of my writing this to you, arises from a Pamphlet lately come forth, called, Animadversions on your Answer to Jovian, in three Letters to a Country-Friend. There is a kind of a Preface before them, which al­most wholly concerns me. The first Displeasure he is pleased to shew to­wards me, is mingled with a preten­ded Sorrow, that I should so abso­lutely resign my Judgment to a fond Passion for you. None sure but a nameless Author, would have ven­tur'd to such a Liberty as he has ta­ken, [Page 2] to allow me no use of Judg­ment, and to charge me with want of Morals and Religion; how justly, I shall make appear hereafter. And I hope the impartial Reader will be­lieve that I use my Reason and Judg­ment, when I own the continuance of my great Esteem of your defend­ing a Cause so ably, for which you suffered so barbarously. And of all Men that ever discovered himself by writing, this furiously-passionate and nameless Author, would have the least power to convert me from the esteem of any thing; for such false and foul Scandals as he liberally scat­ters, will rather give an esteem of what he dislikes, than perswade any one from what he valued before.

I will not repeat his confident Ha­rangue of seeing with other Mens Eyes, and hearing with other Mens Ears; I will only assure him, that what Er­rors are committed are all my own: And according to his random shoot­ing, he says you made Collections for me, and with little Fidelity: And in another place says, I knew that Julian and its Defence, were both [Page 3] made by a Club, and that Mr. Hunt and Mr. Atwood were the Furnishers of the most considerable Reflections upon Jovian.

I confess I never met with such an audacious Confidence: You know, Sir, I was never acquainted with you till some time after this Revolution, and could not give you the trouble of any Assistance, which if I had re­ceived, I should perhaps have ap­peared with more advantage: and for Mr. Hunt and Mr. Atwood, I was never acquainted with them, or any thing they did. But there is more of this confident Stuff, which I shall take notice of in their proper Places.

The first particular Charge against me is, That I had not read Jovian tho­row; and then (as it is printed) says, if I had, I would have failed to observe the vast difference between calling Laws which secure the Rights of the Crown, Imperial Laws, and ascribing to our Kings Imperial Power. I believe it should have been printed, I would not have failed, &c. but this way is much more true and natural: for I believe there are very few but would [Page 4] have failed, had they read Jovian through, to be instructed by this nice piece of Non-sense: For after the di­stinction of Political and Imperial Laws, the Absurdities follow very thick; and to help the Distinction, it must be distinguish'd between the Essence of Imperial and Soveraign Power, or the Exercise and Emana­tion of it; As to the Being and Essence of it, it is in as full perfection in the Jovian, pag. 211. Limited as in the Arbitrary Soveraign, though the Law confines him in the Ex­ercise thereof. I confess I could never make sense of these Distinctions, nor understand how Power arbitrary, and in full perfection, can be limited, when such a Power may choose whe­ther it will be limited or no: but for this I refer it to your Answer to Jo­vian, pag. 183.

But after this he proceeds more lof­tily, and says, I stain my Honour by that unjust Charge on Dr. Hicks, say­ing, That Imperial Power may make a lawless Attempt lawful. In my Pre­face I say, if Dr. Hicks's Distinction be brought in aid, (I mean then) that Imperial Power may make a lawless [Page 5] Attempt lawful, I do not charge the Doctor with meaning it, but his Di­stinction makes it appear so: for I confess in all those Distinctions and Niceties of Political and Imperial Laws, which are no-where written or to be found, of Power absolute and full, and yet limited, I could never gather any meaning, and therefore had been unjust to pretend to charge the Doctor with any.

Dr. Hicks says, The Laws of all Go­vernments Jovian, p. 274. allow every Man to defend his Life against an illegal Assassin; but in the next Page says, But to resist Assas­sins (an Army) sent by the King, is a Transgression of the Imperial Laws. Certainly if it be lawful to resist an illegal Assassin, and not lawful to re­sist Assassins sent by the King, it ap­pears then that they are not illegal, and consequently what they do, be­comes lawful: for what can appear more ridiculous than to say there is a Law, that cannot make it lawful for those that act by it, and yet can make it lawful for those that resist them? I confess I never met with any thing like this Description of an Imperial [Page 6] Law, unless the Character that Lungs gives the Philosophers Stone in the Alchymist, that 'tis a Stone, and not a Stone. I cannot now make a just return to the nameless Author, by charging him that he has stain'd his Honour or his Reason; for I do not find he has enough of either, to bear a Spot or Stain.

His next Snap is at my Quotations of Protestant Writers which favour the Doctrine of Resistance; and con­cludes, That he knows not how such Col­lections make for their Majesties Ser­vice, and the Honour of the Reforma­tion, it's possible this Noble Author doth.

In the first place, I will shew how he has used me about Quotations: True, there are two Mistakes in the printing; one is Thomas for Christo­pher Goodman, the other is Calvin up­on Daniel, chap. 6. which should be chap. 4. ver. 25. I will now set down without the help of Philanax Angli­cus, (a Book I never saw) the two Quotations of Calvin and Zuinglius.

Quid enim valet saepe in Regum & Calvin. in Dan. 4. 25. Principum titulis Dei gratia? Nempe [Page 7] ne agnoscant Superiorem quemadmodum dicunt; Interea Deum, cujus clypeo se protegunt, calcarent pedibus: tantum abest, ut serio reputent se habere ejus beneficio ut regnent. Merus igitur fucus est, quod jactant se Dei gratiâ pollere dominatione.

Quando vero Reges perfidè & extra Zuinglius, Tom. 1. Art. 42. regulam Christi egerint, possunt cum Deo deponi.

Quod deponi ab Officio possint, Saulis exemplum manifestè docet, quem abjecit Deus, tametsi primum in Regem desig­nâsset, 1 Reg. 15, & 16.

Quin dum flagitiosi Principes & Re­ges loco non moventur, totus Populus à Deo punitur.

Mihi ergo compertum non est, unde hoc fit ut Regna per successiones, & quasi per manus tradantur, nisi hoc pub­lico totius populi consensu fiat.

Quùm verò consensu & suffragio to­tius, aut certè potioris partis multitudi­nis, Tyrannus tollitur, Deo fit Auspice.

Non desunt viae per quas Tyrannus tollatur, sed deest publica Justitia.

As to that of Peter Martyr's Opini­on, he is pleased to tell me the words that induc'd me to say that Peter [Page 8] Martyr approved the Proceedings a­gainst Richard the 2d; but his Confi­dence misguides him in this as well as the rest: His Words are these.

Qui Principem Reipublicae praeficiunt Pet. Mart. in Jud. c. 3. certis Legibus, iis profectò licet, si Prin­ceps pactis & promissis non steterit, eum in ordinem cogere ac vi adigere ut condi­tiones ac pacta quae fuerat pollicitus compleat, idque vel armis, cum aliter fieri non possit. Hoc pacto Romani Con­sulem interdum, quem ipsi creârunt, ab­dicare se cogerunt. Dani suum Regem nostrâ aetate dejecerunt, atque captivum diutius habuerunt. Polydorus Virgilius tradit Anglos aliquando suos Reges compulisse ad rationem reddendam pecu­niae malè administratae.

This Opinion of Peter Martyr's a­greeing with the case of Richard the second, and at the same time quoting Polydore Virgil, who writ upon that unfortunate King, made me say that Peter Martyr approved the Proceed­ings against him.

If now this nameless Author will give me leave to use Admiration as he has done, I think I may justly wonder how any Man could use such [Page 9] unnecessary Malice, grounded upon so little Truth! but 'tis his way to avoid Argument, and bite at every thing else, to do another prejudice, and his Cause no good. I have seen an angry Cur bite at the motion of a Wheel, and only hurt his own Teeth.

Besides, had he been pleased to have observed any thing with Mode­ration, he would have seen in my Preface, that I did not quote them with any particular deference, or use to my Discourse, but only because Dr. Hicks so often quoted Bochart a Reformed Divine; and there I ex­presly say, that I depend not on tel­ling Noses, and therefore only give them a place in the Margent, that they might not interrupt my Dis­course: but when I paid a particular deference to a Quotation, as that of Mr. Hooker one of the most eminent Divines that ever flourish'd in the Church of England, I then inserted it into the Body of my Discourse, and used it as a Foundation to build on.

But this Gentleman, liberal of Af­firmatives, having said that the Quo­tations [Page 10] of Zuinglius and Calvin were borrowed from Philanax Anglicus a Jesuit, makes it proper for me to skip to another Passage resembling this, that I may bundle up some of his bold Untruths together: for a little after continuing his invective Fancy, how dangerous it was to trust other Mens Collections, excuses me for having had some temptation to trust being obliged to an honest Sorbon Doctor Launoy, de variâ Aristot. in Academ. Paris. Fortuna, as he cites it, for a true account of the various Decrees for and against Aristotle in the Uni­versity of Paris; which makes as handsom an appearance as any thing in my Book.

This Account of the Progress of the Philosophies of Plato and Aristo­tle, is in the introductive part of the History, not in the Preface: and since he seemed to give that Discourse some faint Allowance, I could not but won­der why he leap'd so far out of his way for a snap; the Words are these; ‘When the Occasion was ready for it, the puzzling Parts of Aristotle's Philosophy were found useful; and [Page 11] among all his dark Subtilties, none more convenient than that of sepa­rated Essences, which were Beings where no Being was; and the only proper Notion to find out a Place for Purgatory, and seemed also very use­ful to support the hard Point of Transubstantiation, where there ap­pears a Substance that must not be believed to be there, and another believ'd to be there that is not at all to be perceived.’

I confess I thought at first that the occasion of this Snarl had been only to make a discovery of the Author I had been beholden to, (as his usual peremptory venture is) but I consi­dered he could not be so unreasonable as to think it would be a blemish to me to use an Author, especially an honest one, as he says this was; for sure 'tis not to be supposed that I could make that Discourse without the use of more Authors than one, though it seems unknown to this adventurous Author: But reading a little after, I found his Displeasure broke out in these Words.

[Page 12] ‘I cannot forbear smiling at these pleasant Gentlemen, who have so extravagant an Opinion of Mr. J's Performance and Merit; nor can I envy him such Applauses, as shew some little Wit, but no Judgment. Those merry Gentlemen too much despise the dark Subtilties of Ari­stotle to be competent Judges of the Merit of this Cause: their Heads lie readier to take a Jest than an Argument.’

I did not expect so good a Jest from this angry Gentleman. The cause that he assigns for want of Judgment, is the despising (that is, not under­standing) the dark Subtileties of A­ristotle, without which none can be competent Judges of the Merit of this Cause: and I agree wholly with him, that Aristotle's dark Subtilties of a Being where no Being is, and the equal dark Subtilty of an Imperial Law where no Law is, are likely to be understood together.

But I hope he is not angry that the same Gentlemen despise Transubstan­tiation for depending on the same dark Subtilties; nor will continue [Page 13] his Smiles at those that esteem that incomparable Performance of yours, The absolute Impossibility of Transub­stantiation demonstrated: if he should, he would very much increase the rea­son he has given to be laugh'd at him­self.

As for his two Authors, Philanax Anglicus, and his honest Sorbon Do­ctor, I solemnly protest I never read, nor to my knowledg saw one of them. So to sum up this Scribler's bold Un­truths, he says, I have not read Jovian thorow, which I have done; and says, I have read those two Authors, which I have not done: and I submit it to Judgment how little Truth there is in him.

But at the latter end of the Para­graph, he wonders what reason I had to bring afresh on the Stage such Pas­sages as those of Calvin, &c. and then pretends a publick Concern, and says he knows not how such Collections make for their Majesties Service, and the Honour of the Reformation; per­haps [says he] the noble Author doth.

I gave an account before for what reason I quoted those Reformed Di­vines, [Page 14] only because in Jovian, Bochart was so often cited; but I made no use of them in my Discourse, but I did of Mr. Hooker, an eminent Divine of the Church of England: so that my nameless Author should have asked the question why I us'd those Passages of his. But I will state the matter fairly, and then his meaning runs thus, I know not how these Argu­ments against Non-Resistance and Pas­sive Obedience, can make for their Ma­jesties Service, and the Honour of the Reformation; it's possible the noble Author doth.

I readily answer him, That I think I do, and shall endeavour to demon­strate it: But first give me leave to be a little surpriz'd that Dr. Hicks or his Friend, (who 'tis likely are the same in Principle, if not in Person) should be concerned for their Maje­sti [...] Service, or the Safety and Ho­nour of a G [...]vernment, which Dr. Hicks R [...]no [...]ces: and tho it seems he could not with a safe Conscience officiate in his Calling under an Un­lawful Power, made so by virtue of the Doctrine of Passi [...]e Obedience; yet, [Page 15] he says, he understands not how the opposition to this Doctrine can be for the Service of the Government. This is a strange Riddle, that the Doctrine of Passive Obedience made Dr. Hicks against the Government, and yet he understands not how the Opposition of that Doctrine can be for the Ser­vice of it.

But leaving these Contradictions, I will endeavour to shew him, I do understand upon what Foundation this Government, and the Safety and Honour of it stands. Perhaps he hopes it cannot be made out; and then it would be great rejoicing for Men of those enslaving Principles to see, that though we were freed from Popery and Slavery, which that Be­traying Doctrine prepared for us; yet were still in the Condition of Slaves by the Power of Conquest. This has been boldly asserted by some Pens; but I leave it to you, Sir, to give this O­pinion its due Correction, as you have promised in two of the Observators: And I doubt not but all true English­men will fully perceive this horrible Attempt against their Honour and [Page 16] Freedom, to see Endeavours used to turn that into Slavery, that was the Means to free us from it.

I shall now proceed to shew what I promised, and shall readily confess that I do not think the Principles I assert are for the Safety of one of Dr. Hicks's complicated Tyrants, but they may be for a good Prince that oppo­ses Tyranny. 'Twas against these Principles that the Nation implor'd and obtain'd Relief, and according to their Original Right, fix'd the Crown on their Reliever's Head.

In the Prince of Orange's Declara­tion 'tis declared, ‘The King cannot suspend the Execution of Laws, un­less it is pretended that he is clothed with a Despotick and Arbitrary Power, and that the Lives, Liber­ties, Honours and Estates of the Subjects depend wholly on his good Will and Pleasure.’ And towards the end expresly declares, ‘That his Design was to prevent all those Mi­series which must needs follow up­on the Nation's being kept under Arbitrary Government and Slave­ry; and that all the Violences and [Page 17] Disorders which have overturned the whole Constitution of the Eng­lish Government, may be fully redress'd in a Free and Legal Par­liament.’

His additional Declaration is only to shew how clear he was in these Principles, by taking occasion from some Reports spread about, that he intended to conquer and enslave the Nation: He there declares again, ‘the Design of his Undertaking was to procure a Settlement of the Re­ligion, and the Liberties and Pro­perties of the Subjects, upon so sure a Foundation, that there might be no danger of the Nation's re­lapsing into former Miseries; and that the Forces he brought with him, were utterly disproportioned to that wicked Design of conquer­ing the Nation, if he were capable of intending it.’ Adding a little af­ter, ‘That it was not to be imagined that those that invited him, or those that were already come in to assist him, would join in a wicked De­sign of Conquest, to make void their own lawful Titles to their [Page 18] Honours,’ Estates and Interests.

Thus, contrary to the Doctrine of Passive Obedience, the Foundation was laid for the Honour and Safety of the Government, upon a Free Parliament, which is the People there represen­ted. Accordingly when by the una­nimous Assistance and Consent of the Nation, the Prince of Orange came to London, a Convention was called, which assembled Jan. 22. 1688/9. Af­ter many Debates in both Houses a­bout the Abdication of the Govern­ment, and the Vacancy of the Throne, the Houses on the 12th of February fully agreed to a Declaration; in which having enumerated the Parti­culars whereby King James did en­deavour to subvert and extirpate the Protestant Religion, and the Laws and Liberties of this Kingdom, where­by he had abdicated the Government; the said Lords Spiritual and Tempo­ral, and Commons, being now as­sembled in a full and free Representa­tive of this Nation, do in the first place, (as their Ancestors in like case have usually done) for the vindica­ting and asserting their ancient Rights and Liberties, Declare, &c.

[Page 19]And then proceed to enumerate the Particulars in which they are com­prehended, which they claim and de­mand as their undoubted Rights and Liberties.

To which Demand of their Rights, they say, they are particularly encou­raged by the Declaration of his High­ness the Prince of Orange; Having therefore an entire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far ad­vanc'd by him, &c.

The Lords Spiritual and Temporal, and Commons assembled at Westmin­ster, do resolve, That William and Mary, Prince and Princess of Orange, be, and be declared King and Queen of England, France and Ireland, and the Dominions thereunto belonging.

On the 15th of February his Maje­sty spoke thus to both Houses.

My Lords and Gentlemen;

‘This is certainly the greatest Proof of the Trust you have in Us that can be given, which is the thing that maketh Us value it the more: And we thankfully accept [Page 20] what you have offered. And as I had no other Intention in coming hither, than to preserve your Reli­gion, Laws and Liberties; so you may be sure that I shall endeavour to support them, and shall be wil­ling to concur in any thing that shall be for the Good of the King­dom, and to do all that is in my power to advance the Welfare and Glory of the Nation.’

And in his Answer, the fifth of March 1688/9, to the Address of the Lords Spiritual and Temporal, and Commons assembled in Parliament, he uses these Expressions.

‘I came hither for the Good of the Kingdom, and 'tis at your De­sire that I am in this Station: I shall pursue the same Ends that brought me▪’

I hope by this Account I have shewed my nameless Adversary, that the Safety and Honour of this Go­vernment was procur'd and founded against his Principles of Passive Obe­dience, which had they been as sa­credly observ'd as he would have them, our Redemption had never [Page 21] been effected, and perhaps he had been better pleased. However he pretends to be concerned for the Ho­nour and Safety of a Government, which is founded and settled, contra­ry to his Imperial Principles, upon that sure and happy Consent, that the Laws, Liberties and Properties of the Nation were not to be viola­ted by any pretence of Power: 'tis this true Understanding, and undi­vided Interest of the King and Peo­ple, that must secure and preserve the Honour and Safety of the Govern­ment; and the shaking of both must always proceed from the temptation and apprehension that Passive Obedi­ence and the Imperial Law must in­fuse into the King and People.

The next Dirt he would throw up­on me is by a Side wind, and perfor­med with as little Dexterity as the rest of his random-Flings; his Words are these.

‘I think he is as little obliged by a third Person, who eased him of the drudgery of turning the Bible for Scripture-Examples of the Original Contract: for had Sir R. H. used his [Page 22] own Eyes in the search, he would have seen that the Instances of David and Jehoiada are no proofs that they were Pacta conventa, &c.’

Here he still persists in his usual Confidence, to tell me I have not read what I have read; for I did use my own Eyes, and never the assistance of a third Person: but he is pleased to call turning the Bible (I suppose he means reading it) a Drudgery: he would not own, I believe, that he thinks reading or searching the Scrip­ture a Drudgery; but I suppose (by his usual uncharitable Methods) he would have it believ'd that I do. If he means it of himself, I ask him par­don for being so charitable to him; if he would fix it on me, 'tis certain­ly one of the most uncharitable and groundless Scandals his Passion could have invented; and at the same time gives himself a Character more like a Member of the Inquisition, than of the Church of England, who endeavour without proof or reason to raise Scan­dal and Persecution; which Method this nameless Gentleman has practis'd with as much uncharitable Violence, [Page 23] as any of those fierce pretenders to Religion have usually done.

But, without thinking it a Drudg­ery, I will use my own Eyes, and cite some Verses of Scripture: The first, when David had seasted Abner.

Abner said unto David, I will arise 2 Sam. 3. 21. and go, and will gather all Israel unto my Lord the King, that they may make a League with thee, and thou mayest reign over all that thy Heart desireth.

Here it seems a League was thought necessary, that the King might reign.

According to this, all the Elders of 2 Sam. 5. 3. Israel came to the King in Hebron; and King David made a League with them in Hebron before the Lord, and they anointed David King over Israel.

And in another place, Therefore 1 Chron. 11. 3. came all the Elders of Israel to the King to Hebron, and David made a Cove­nant with them in Hebron before the Lord; and they anointed David King over Israel, &c.

And Jehoiada made a Covenant be­tween 2 Chron. 23. 12. him, and between all the People, and between the King, that they should be the Lord's People.

[Page 24]And 'tis yet more distinctly set down in another Place.

And Jehoiada made a Covenant be­tween 2 Kings 11. 17. the Lord and the King and the People, that they should be the Lord's People; between the King also and the People.

I hope now my angry Enemy will give me leave to say I have used my own Eyes, and find his very dim, or else will not see the plainest Words, if against his Humour.

But to invalidate these Proofs, he objects, That we read of no Covenant made with the Men of Judah, who anointed him King immediately on Saul's Death.

And the Men of Judah came to He­bron, [...] Sam. 2. 4. and there they anointed David King over the House of Judah.

I know not how he would use this, unless he means that because a Cove­nant was not express'd here, therefore there was none spoke of any where else: it may rather imply that there was such a thing, because the People assembled, as they us'd to do at other times, when a Covenant was made. But I trouble my self needlesly with [Page 25] such a frivolous shew of an Argu­ment, and with his ridiculous At­tempt, by his own notional Commen­taries, to try to puzzle the clear In­stances of David and Jehoiada, tel­ling us that David's Covenant with the Elders was a plain Treaty of Peace, and that Joash was under Age, and therefore uncapable of contract­ing for himself, though the Scripture does say directly that a Covenant was made between the King and the Peo­ple. But all that can be said is, that the Scripture differs from his Opini­on; but 'tis enough that here 'tis ex­presly shewed, that the People were made Parties. But this nameless Au­thor might have spared these weak Endeavours, and used the Distinction (that helps at all needs) of Political and Imperial Law, and then he needs not fear to allow these to be Cove­nants according to the Political Law, since by the Imperial Law, the King may choose whether they shall be va­lid or useful; and so there needs no dispute whether a Covenant be a Co­venant or no, which indeed was all the Question here.

[Page 26]His next Assault proceeds in the method of an Inquisitor, in these Words.

‘I might observe to you how little Reverence Sir R. discovers for Chri­stian Religion; and amidst all his Zeal for it, takes the liberty to make sport with the Baptismal Vow, and calls the dreadful Judgment, which must pass on Kings as well as their meanest Subjects, a pretended Ac­count to be made up only with God.’

The nameless Author has pull'd these two Places together, to make an accumulative Charge; but that of the pretended Account is at the latter end of my Preface, and I shall give a separate account of it.

But first give me leave to observe to you, how maliciously he endea­vours to gain a belief of his own Truth and Ability, that he could make appear how little Reverence I discover for Christian Religion.

I appeal to any that has perused how this Gentleman (if he be one) has treated me, whether they can be­lieve that he would admit any thing that might fix the deepest Scandal [Page 27] upon me; and if he could have made evident what he would have others believe he could, he would certainly have changed his Stile, and instead of I might, he would have said, I will now observe to you how little Reverence Sir R. discovers for Christian Religi­on, &c. But this is suitable to his Method of shewing that his Malice exceeds his Understanding.

But to make this appear yet more clearly, I will set down this Passage in my Preface, in which he pretends he might find out that I make sport with the Baptismal Vow. In that Place taking notice how Dr. Hicks having muster'd up many Tyrants to mould into one King, yet affirms that such an Idolater and complicated Tyrant is not capable to do so much Mischief, as opposing him will cause: upon which I made this Reflection.

‘He could have invented but one Strain higher for the Cause of Pas­sive Obedience, by adding the Devil to the Idolater and complicated Ty­rant, and then our Passive Obedience would have taught us to submit to what in Baptism we promised, to [Page 28] fight against, the World, the Flesh, and the Devil: and the Position holds as true in relation to Him, as such a Prince, that it would be the cause of more Mischief to oppose the Devil, than to submit to him.’

I cannot imagine how this Gentle­man out of these Words could pretend to find the least cause for his rancorous Insinuation, that I should make sport with that Baptismal Vow, which with a serious Reverence I make the Obli­gation of a just and equal Opposition against the Idolater, and such a com­plicated Tyrant, and the Devil; be­lieving the Argument all one to say, that to oppose such an Idolater and complicated Tyrant, may be of great­er Mischief than to submit to him, as to say, that to oppose the Devil by Prayers, may provoke him to more Mischief than he intended: and I see little difference in opposing the Devil, and such a complicated Ty­rant, that acts according to his Insti­gation: the Just may depend on their Mercy alike, and the Bad shall be sure of their equal Favour.

[Page 29]The Paragraph which mentions a pretended Account, in the latter end of the Preface, runs thus.

‘By this Religious Duty of Passive Obedience equally paid to just and unjust, legal and illegal Power, the Sacrifices offered to God, are the perswasion to Tyranny, the securi­ty of Mischief, the encouragement of Sin, the destruction of good Men, and the preservation of the Bad. Lastly, the justifying of Wrong by Divine Right, and a Pretended Ac­count to be made up only with God, to defraud his People of their just Rights here.’

I submit this also to any reasonable Man to judg, what cause was given him by these Words for a Reflection of so high a nature. But he says, he hopes this last was rather the Infeli­city of my Pen, than any bad Mean­ing. I wonder he should pretend to excuse me from any bad Meaning, after he had charged me with making sport with the Baptismal Vow. But if I should apply what he says to any sort of Infelicity in him, it must be to that violent and persecuting Hu­mour [Page 30] that has governed too much in our late unhappy Times.

The Words themselves I hope need no Explanation; for they speak only of an Account to be made up by wic­ked Men and Tyrants, which certain­ly can deserve no other Name than a pretended Account: some of them may perhaps be such Fools as to say in their Hearts, There is no God, and their Account can only be pretended: but for others, that may perhaps be­lieve there is a God, and yet act con­trary to his Laws, and the Duty they owe to that all-seeing Power, 'tis certain they can never believe that they are able to make up an Account with him, though they may pretend to make one.

But to put it more familiarly; Sup­pose the present French King (accor­ding to this useful Doctrine for him) should declare that his unlimited Ty­ranny in this World was not to be re­sisted, and give the Reason for it, That he was to make up an Account only with God; Sure there is none would believe, that he could make up an Account where Blood and Mis­chief [Page 31] had made the Ballance so heavy on the Debtor's side: Can it there­fore deserve any better Name than a pretended Account? These unwor­thy Attempts, to cast such groundless Scandals of so high a Nature, had merited another sort of Answer, if the Author's Name had been fix'd to his Malice: and seeing how little cause has been given for it, I cannot but say, that in all other Writers I have seen some Endeavours to carry on their Discourse by a Stream of Reason; but this nameless Author only pours forth a Kennel, which I am weary of raking into.

And he seasonably relieves me: for in this Place, in his full Career, he makes a sudden stop, and says, But I must remember that I am answering your Letter, and not Sir R's Preface.

I shall only observe, that he that has snarled with so little cause, and shewed such venemous Teeth, would probably have bit if he could; and he that has so passionately tried to wound in other things, would cer­tainly have attempted, if he had Forces enough, to have obtained a [Page 32] Victory, where the whole Cause was concern'd

Sir, You had received this sooner, but my Indisposition has been so great, and my Aversion to Quarrels of this Nature, where Passion and Animosity, instead of Reason and Ju­stice, guide the Argument, are Cau­ses sufficient to excuse this Delay: And I believe the Gentleman's Argu­ments will as little prevail upon the World, as they have done upon me, to be less than I was,

SIR,
Your assured Friend, and humble Servant, Ro. Howard.

Sir Robert Howard's PREFACE To his HISTORY of K. Edw. 2. and Rich. 2.

I Was much surpriz'd to see an im­perfect Copy of this steal into Publick, far from my knowledg or intention: for I was sensible it wanted Consideration in point of Hi­story. There were many material Things which I intended to have ad­ded, and others to leave out as unne­cessary to my Design. Considering therefore that my best and most cor­rect Performances could hardly chal­lenge Merit, I thought it just to my self and others, to endeavour that they might need the least Pardon; and that my owning now the publi­shing of this, may rather be look'd [Page 34] upon as an effect of Necessity than Confidence.

The Scheme of this was digested in the Year 85, I being very much af­fected with the Consideration how the Errors of ill Administration pro­duc'd the same fatal Effects upon those unhappy Princes, Edward and Richard the Second, the weight of whose ill Conducts was heavy enough to sink the prosperous and lofty▪ Condition their two glorious Predecessors, Ed­ward the First, and Edward the Third, had left the Kingdom in.

Nor was their resembling Ruine more observable, than the Causes of it. Their Predecessors applied all their Glories and Successes, to give, as it were, Lustre and Power to the Laws: these two unfortunate Princes attempted only by mean Practices to subdue them, and their own People. Those great Princes, Edward the First, and Edward the Third, might fix their Favours and Kindness on the People, since they parted with no Power to Ministers and Favourites; 'tis that which ever did, and ever will breed a Distrust in the People, enough to [Page 35] shake all Confidence in their Prince; and 'tis but natural it should have so fatal an Operation, since the true In­terest of a King differs totally from theirs; his best and securest Happi­ness is founded on the Peoples Good; their Interest and Ambition must be supplied by their Oppression. This is the seldom-failing Cause that has made all Princes unkind to their Peo­ple, that invest Ministers with their Power and Affections: and I am con­fident there are but few Stories that have given an account of a Prince so resign'd to others, but have likewise told of his Misfortune involved in theirs. That Power and Interest which a King ought to have, is not useful to them; and rather than suf­fer him to tread in publick Paths, they perswade him to follow the misgui­ding Meteor of Arbitrary Power.

I also considered the Proceedings of the Government in the latter part of King Charles the Second's Reign, and the short Reign of King James the Second, and perceived how ex­actly they followed the steps of these two unfortunate Kings, and I then [Page 36] expected to see a Revolution resem­bling theirs.

When King Charles had prepared things ready for Popery and Slavery, he seemed no longer useful to those that eagerly waited to assume that Power that the Papists had guided him to make ready for them: and as his Actions were like those misguided Princes, I believe his Death as much resembled theirs, and was equally as violent.

There was not a particular Action of any note of these two late Kings, that did not seem copied from those two unfortunate Princes; the Inte­rest of England prostrated to that of France; the murdering of great and considerable Men; the violent seizing the Rights and Liberties of the City of London; the Quo Warranto's on Corporations, consequently on the Nation; Laws prostrated to the King's Will, Westminster-Hall fitted with proper Judges for that Design. And as in King Richard the Second's time, by resolving the Queries of the Earl of Suffolk, the Judges made the King the sole Judg, not only of Law, [Page 37] but whether there should be any Law or no, and the Offence against▪ his Will became the only Treason: so the apt Judges of the King's-Bench in the Case of Sir Edward Hales, resol­ved the same, though in another man­ner; but in a more seeming abstruse way, as if they endeavoured to shew Modesty in Nonsense. First they de­clar'd the Laws were the King's Laws, and in case of Necessity the King was to judg of those Laws; and then that the King was Judg of the Necessity. And lastly, (as my Lord Coke says) to bring the worst Oppression upon us, which is done by the colour of Justice, they did not only attempt to corrupt the Law by poison'd Judges, but by packing Parliaments, endea­vour'd to confirm the begun Slavery by Statute-Law.

There was only one sort of Mis­chief, and the greatest, that those two unfortunate Princes had no occa­sion to be equal in with our two late Kings, especially King James; for they being then of the same Religion with the People, could not endeavour the subverting of it, so that K. James [Page 38] had a peculiar Tyranny to exceed them in. This threatning Storm up­on the Souls of Men, was provident­ly foreseen by the Parliaments of Westminster and Oxford, who there­fore press'd the Point by a Bill of Ex­clusion, to secure themselves against a Popish Successor. I was a Member of both those Parliaments, wherein the Debates seem'd to me very clear, and almost unanimous, and they were too well justified by the Popish Suc­cessor when he came to the Crown; for he made good the Foundation of their Opinions and Apprehensions, that such a one could never defend a Faith that was contrary to his, or be a Father to those he believ'd no Sons of God; as if it were possible that his Concern should be for their Liber­ties, that his Opinion had delivered up to eternal Slavery.

The truth of this appearing by his Actions, has (by this time I hope) bred a repenting Consideration in such as strenuously supported that which was so near bringing a Ruin on us all: and had not this King brought us such a timely Redempti­on, [Page 39] we had practised Passive Obedi­ence against our Wills, and in our Souls and Bodies felt the Misery of that Doctrine, the Encouragement of Destruction.

But yet we see a History of this Doctrine of Passive Obedience, new put forth, which is no better than an Arraigning this present Government, and all those that contributed to this happy Change, which shews as if there were some that would rather see the violent Destruction of their own Religion, than disturb the quiet Settlement of Popery; as if it were more Religious to suffer God not to be worshipp'd, than to pull down an Idol set up by a King, as if we were to believe he had a divine Right to consecrate Idolatry: but I leave that zealous History under the Exe­cution it has receiv'd from the Excel­lent Mr. Johnson, in his short Refle­ctions upon it, which can receive no greater a Character, than to be like himself, and his other Writings, both which were victorious in the midst of all his barbarous Persecutions. And as the Nation receiv'd the benefit of [Page 40] his Writings and Example, I doubt not but he will share a Reward pro­portionably to the Assistance he gave to their Redemption.

It will not be improper therefore to consider the Cases of those two Princes, Edward and Richard the Se­cond, who were deposed by the Peo­ple in their Representatives, presu­ming they had a Right to re-assume that Power which was derived from them, when any Prince forfeited the Trust they had placed in him, and acted contrary to his Executive Of­fice; and they expresly declared to King Edward the Second, that if he did not freely consent to a Resignati­on, they would not elect his Son Ed­ward, but such a one as might be pro­per for the Good of the People, tho no Relation to his Blood: and the King returned his Thanks, That since they had taken such a Displeasure a­gainst him, that they would yet be so kind to his Son. Nor has this E­lecting of Kings been so unusual in England, since seldom any Govern­ment has had more broken Successi­ons.

[Page 41]But before I proceed to shew how this Right was, and continues in the People, I will take leave briefly to shew what a Prince is according to their Doctrines, that have with an unlimited Zeal asserted Passive Obedi­ence, and the Laws to be only the Properties of a King's Arbitrary Will.

I remember when Julian the Apo­state came out, many of the Clergy seem'd very much disturbed; and as I was informed, there was a Club that assisted the Answer to it, called Jovian: I mention this, that when from thence I set down the Positions of that Doctrine of Passive Obedience, they may be look'd upon as the shar­pest Arrows they could draw from all their Quivers; and then if any Weak­ness or Contradictions appear in them, methinks the War should be at an end, when the Joint Forces under a chosen Hector are defeated, and the Rout and Disorder comes from their own Opinions, that fall foul upon one another.

In many Places of Jovian, an unli­mited Passive Obedience is prescrib'd as a general Remedy in all Publick [Page 42] Diseases; that is, Destruction is the best Recipe against Destruction, and the Disease is to become the Cure. But the Author having heard of such a thing as Laws, and not knowing how to put them out of the way, to make room for this Doctrine, which makes a Destroyer lawful, he finds out a Diamond to cut a Diamond, and a Law never heard of, to destroy the known Laws, in these sublime Words.

The Political Laws are made to de­fend the Rights of the Subject; but in case the Soveraign will Tyrannically take away a Subject's Life, against the Poli­tical Laws, he is bound by the Common Laws of Soveraignty not to resist him, or defend his Life against him by force.

It is to be observ'd, that here are two sorts of Law, God's Law, and the Devil's Law: that which supports and defends Right, is God's Law; that which takes away Life unjustly, is the Devil's Law; for he was a Murderer from the beginning.

But Contradictions are so frequent in that Discourse, that I do not won­der to see the zealous Author shew [Page 43] one in his own particular; and inco­gitantly perhaps, profess a violent Resolution to break his own sacred Rule of Passive Obedience: For, I suppose, if a Woman scolds, and gives hard Names, she is not Passive, for then Billingsgate is Passiveness incor­porated: And I shall desire the Rea­der to judg whether there be much difference in theirs, and our Author's active Tongue-Assault; for he loudly cries out with a very sharp Excursion, That he should rather think it his Duty, than the breach of it, to tell, not only a Popish Prince, but a Popish King to his Face, did he openly profess the Popish Religion, That he was an Idolater, a Bread-Worshipper, a Goddess-Worship­per, an Image-Worshipper, a Wafer-Worshipper, with an &c. as if he had more Names in store for him:

But I must do the Author right, to let the Reader know, that Jovian was written when King James the Second was Duke of York, and had not de­clar'd himself a Papist; and perhaps he thought he would never have done such a rash thing: but yet for fear of the worst, the Author retreats to his [Page 44] Doctrine of Passive Obedience, from this dangerous Sally he had made with an unadvised Boldness; and then tells us, 'tis reasonable to depend on the Conscience of a Popish King; and seemingly returns to a modest Repen­tance, that he had express'd such a Displeasure against one that worship­ped more Gods than one; for after this terrible muster of hard Names, he falls back as he was, and pays such a profound Devotion to Passive Obedi­ence, that now he seems to extend it even to Thoughts, as not to think ill of his own rail'd at Idolater: this, I suppose, may be called forward and backward, or to blow hot and cold in the same breath, to make the Contra­dictions appear plain enough.

This Opinion yet he sticks most to, if you will trust him as much as he advises you to trust the Idolater, and tries to give you a Reason for it; for he says, That Suffering, as in the Case of the Thebean Legion, can never hap­pen in Great Britain; we of these Kingdoms having such Security against Tyranny as no People ever had. I sup­pose he forgets his own Position, and [Page 45] means a Truth that he before destroy­ed; the Security he means, if he can mean any, after he has taken away all, must be the Political Power, that is, the Laws. Can any Man have the Charity to believe, that he could think he proposed any Security from Laws, that had set up an Imperial Power, or Soveraign Law, as he calls it, (which is the Will of a King) to take them all away, if he pleases? He might as well tell us of a Security by certain Deeds, to all which were fix'd Revocations, and yet would have us depend on such Arbitrary Settlements, without Right or Pow­er to oppose those Revocations: thus the continued Contradictions appear that mingle with such Notions. A Man that stutters much in his Speech, is hardly to be understood; but such an excessive Stammering in Writing, makes it much harder to guess what a Man means.

But in another place he gives us an additional Reason for trusting, and to deter us from examining a Tyrant's Actions, or opposing the Imperial, that is, Arbitrary Power; which is, [Page 46] That a King is accountable to none but God.

To make good this Opinion, he quotes some of the Church-of-Eng­land-Divines, and of the Reformed, Bochart a French-man, whose Autho­rity he often repeats. As to these of the Church of England, Mr. Johnson has fully answered that, and quoted Statutes enough, and Judgments of Convocations in Queen Elizabeth's Time, that assert and support a con­trary Doctrine to this unlimited Pas­sive Obedience; for they approved the Resistance of those in Scotland and France, who actively, and by force, attempted to defend their Religion and Liberties. I shall only add the Precedent of King Charles the First, reputed the Church of England's Martyr: He was of the same Judg­ment with the Church and State in Queen Elizabeth's time, witness that Business of Rochel, who took Arms upon the same account, and received Assistance from him, which approved an active Opposition against the Op­pression brought on their Religion and Liberties.

[Page 47]But I find not only our Author, but he that writ the History of Passive Obedience, is a great Admirer of Bo­chart, calling him the Glory of the Reformed: and having quoted many of the Church-of-England-Divines, he then, as well as Bochart's Letters to Dr. Morley, quotes some other of the Reformed Divines. But though I do not think this Cause depends, as Mr. Johnson says, upon telling No­ses; yet I will set down in the Mar­gent, that I may not interrupt my Discourse, the several Opinions of e­minent Reformed Divines, which the Author of the History of Passive Obedience, being so industrious to search Opinions, must probably omit, as not being usefulZuinglius, Tom. 1. Art. 42. When Kings reign perfidious­ly, and against the Rules of Christ, they may according to the Word of God be deposed. I know not how it comes to pass, that Kings reign by Succes­sion, unless it be with consent of the People. When by consent of the whole People, or the better part of them, a Tyrant is deposed, or put to Death, God is the chief Leader in that Action. for his business: and indeed there are ve­ry few Arguments that may not be sup­ported with Opini­ons; for Flattery, Design, or present Interest, has caused more Opinions than the true & just Rea­son [Page 48] of the subjectCal [...]in on Daniel, ch. 4. v. 25. In these Days Monarchs pre­tend always in their Titles, to be Kings by the Grace of God, which they pretend, that they might reign without Contract; for to what purpose is the Grace of God mentioned in the Title of Kings, but that they may acknowledg no Superiour? So it is therefore a mere Cheat, when they boast to reign by the Grace of God. Abdicant se terreni Principes, &c. Earthly Princes depose them­selves, while they rise against God. Matter could ever allow.

But if we should build a Confidence on this Foundation, and the Prince be such a one, as either does not believe, or consider there is such an Account to be made up, we should be miserably decei­ved. Bucer on Matth. If a Soveraign Prince endea­vours by Arms to defend Trans­gressors, to subvert those Things which are taught in the Word of God, and bears himself not as a Prince, but as an Enemy, and seeks to violate Priviledges and Rights, granted to Inferiour Ma­gistrates, or Commonalties, &c. they ought to defend the People of God, and maintain those things which are good and just: For to have Supream Power, lessens not the Evil committed by that Pow­er, but makes it the less tolera­ble, by how much the more ge­nerally hurtful. And it hath not been frequently known, that a Prince has liv'd as if he ever apprehended any Ac­count in the other World, to be given of his Actions in this: all these Doctrines are but insinuating Flatteries to make Princes forget Men; for the Service of God can hardly bePeter Martyr on Judges, c. 3. Approves the Proceedings of the Parliament against Richard the Second. performed by the Neglect of Men.

[Page 49]But if the AuthorPar [...]us on the Romans. They whose part it is to set up Magistrates, may restrain them from outragious Deeds, or pull them down; but all Magistrates are set up either by Parliament, or by Electors, or other Magi­strates; they therefore that exal­ted them, may lawfully degrade and punish them. would have us be­lieve that a King is accountable to none but God, he ought to explain himself to us in the particular of K. James the Second,Fenner Theo. They who have Power, that is, a Parliament, may either by fair means, or force, depose a Tyrant. a profest Papist, and tell us to which of all his Gods he is to be accountable forGuilby de Obe. Kings have their Authority of the People, who may upon occa­sion reassume it. our Good, whether to a piece of Bread, a Wafer, an Image, aGoodman on the same Subject. If Princes do right, and keep promise wich you, then do you them all humble Obedience; if not, you are discharg'd, and your Study ought to be in this case, how you may depose and punish according to the Law, such Re­bels against God, and Oppressors of their Country. Goddess, or to all. I could not have been so ingenious, as to make his own Positi­on so ridiculous, as he himself has con­trived to do it; but in it self it appearsChrist. Goodman and Fenner, were two that fled from the bloody Persecution in Q. Mary's Days, and this Goodman had preach'd many times upon the Doctrine concer­ning Obedience to Magistrates, which he was desired to publish in a Treatise; as is testified by Whittingham in the Preface. a very strange Do­ctrine, to trust to the Account a Popish King is to make with his God, for those he be­lieves his God will [Page 50] damn. 'T would seem as rational for a Man to take an Estate to hold by the Life of a Man, that he believed was to be certainly executed.

There is another as rational a Pro­position to incline us to believe and depend on this Doctrine of Passive Obedience, That Subjects to have a right to judg when they may resist or withstand their Soveraign, is a thousand times more inconvenient and pernicious to Humane Society, than patiently sub­mitting to the abuse of Soveraign Pow­er.

And in another place confirms this with a Notion of a very high strain, telling us, that a Popish Successor, or give him what Character you please, nay, let him be a complicated Tyrant, a Pharaoh, Achab, Hieroboam, Ne­buchadnezzar, all in one; nay, let the Spirit of Galerius, Maximin, and Max­entius come upon him; yet, he is sure, it will cost fewer Lives and Desolation, to let him alone, than to resist him.

This Author is very apt to be fierce and lofty in his Expressions; as if Noise would be more prevalent than Reason. Before, he mustered up [Page 51] False Gods that a King worshipped; and now musters up as many Tyrants to mould into one King: And yet such an Idolater and complicated Ty­rant, is not capable to do as much Mischief, as opposing him will cause. He could have invented but one strain higher for the Cause of Passive Obedi­ence, by adding the Devil to the Ido­later and complicated Tyrant, and then our Passive Obedience had been to submit, to what in Baptism we pro­mised to fight against, the World, the Flesh, and the Devil: And the Posi­tion holds as true in relation to him, as such a Prince, that it were the cause of more Mischief to oppose the Devil, than to submit to him.

Dr. Sherlock expresses this more modestly, That Non-Resistance is the best way to secure the Peace and Tran­quillity, and the best way for every Man's private Defence; for Self-defence may involve many others in Blood, and be­sides, exposes a Man's self. And in another place tells us, 'Tis the best way to prevent the change of a Limited into an Absolute Monarchy.

[Page 52]This is not to prove the Doctrine of Passive Obedience, but the Benefit of it; and in some measure it may possibly be true, that weak and par­ticular Defences or Oppositions, may rather bring Destruction upon some, than save all; but a Nation cannot fall under that Danger, that unitedly defends its own Religion and Laws. On the other side, the passive Sub­mission to such a complicated Tyran­ny, must more probably hazard the Subversion of Religion and Laws, and consequently Freedom and Pro­perty. And indeed 'tis a strange As­sertion, that all these Qualities joined in one Man, cannot do as much Mis­chief, as a Nation's opposing the Ru­ine that he would bring upon them: which resolves into this Absurdity, that if they have a Right to relieve themselves, yet 'tis unwise to attempt it, for fear of causing that which would certainly be done without it.

But these Positions have been suffi­ciently confuted by several Tyrants, who have destroyed as much as they could have done, had they been en­raged by any unsuccessful Oppositi­on: [Page 53] And at this very instant, the King of France may convince any one, that there was hardly more Cru­elty to be committed, than has been acted by him. He had corrupted most of Christendom to this prudent Passiveness, by which he was capable to bring more Ruine on his own and other Kingdoms, than he would ever attempt to have done, had he been opposed; and the Passive Obedience that was shewed at first to his grow­ing Tyranny, did not prevent, but cause the change of a Limited into an Absolute Monarchy: so that on the contrary, the Doctrine of Passive Obedience seems calculated for the Me­ridian of Tyranny.

I hope this Argument will be yet more confuted by the Benefit Chri­stendom will receive by the opposing that Tyrant, whose Persecution of Christians, and burning Countries, does not yet seem to the Asserters of Passive Obedience, to be Mischief e­nough, to allow that an unresisted Tyrant cannot do as much, as will probably happen by opposing him. Certainly if the Destruction the King [Page 54] of France has made, do not convince them, 'tis only that Mischief is not Mischief, if done by a King.

But Dr. Hicks says, That the Laws of all Governments allow every Man to defend his Life against an Assassine (by which he shews his Imperial Law is no Law of Government.) And Dr. Sherlock tells us, No Man can want Authority to defend his Life against him that has no Authority to take it a­way.

By this confession of the two Lear­ned Doctors, the Point seems to be clear'd; for an illegal Assassine, and one that has no lawful Authority to kill, is, I suppose, all one; and what­ever is acted or done in such a nature against Law, is Murder; so that all that is done against Law, may be rightfully opposed. For surely they cannot mean (though they speak in the singular Number) that it is law­ful to oppose one Man that acts against Law, and not many; that is to say, a lawless Prosecution, if by many, is not a lawless Prosecution: and if Dr. Hicks's Distinction be brought in aid, That the Imperial Power may make a [Page 55] lawless Attempt or Prosecution lawful, then his illegal Assassine may be a lawful Executioner: so that 'tis re­duced to this Demonstration, That their Position is either Nonsense, or a direct Confutation of their own Do­ctrine.

I will only add one Confutation more, that Dr. Sherlock gives to this Doctrine, which is in his own words; That every Man has the right of Self-preservation as entire under a Civil Go­vernment, as he had in the state of Na­ture.

This is a great Truth; but if it be so, their Doctrine must be false; for in the state of Nature, no Man owes a submission to another; for being under no Covenants or Obligations, he remains free from Subjection, and is his own Judg, and cannot properly be judged by another. Now how these are to be reconcil'd, seems very difficult, I think I may say impossi­ble; that a Man under Government should pay Passive Obedience to every thing, and a Man in the state of Na­ture not obliged to pay Obedience to any thing, and yet to have as equal a [Page 56] Right to Self-preservation in one Con­dition as well as another: For we are told expresly, That in case the Sove­raign will Tyrannically take away the Subject's Life, he is bound by the Com­mon Laws of Soveraignty not to resist, or defend his Life against him by force. Now in the state of Nature, there is no Subject nor Soveraign; and there­fore by the contrary, a Man may de­fend his Life against Violence. And what can be meant then, by having as much Right of Self-preservation under a Civil Government, where we are told we must not preserve our selves by force, as in a Condition where we are free and naturally ob­lig'd to do it? But in this, as in o­ther intoxicated Conditions, where Men have imbib'd something too strong for them, in the midst of their disorderly Expressions, Truth will sometimes break out, contrary to their Interest, and (perhaps) intem­perate Designs.

But though I do not believe that the Reason of any thing is to be sub­mitted, because such or such are of this or that Opinion; yet since I have [Page 57] set down the Doctrine asserted in our Days, when the hazard of Religion it self, did not seem to prevail above Flattery and Design; I will briefly shew also the Opinions of our Anci­ent and most Authentick Authors, which have been often quoted; and therefore I will be very short in it.

I will begin with an Original A­greement in Magna Charta, printed by the present Bishop of Salisbury; which declares, That if the King should Uiolate any Part of the Char­ter, and refuse to rectify what was done amiss, it should be lawful for the Barons and People of England, to distress him by all the ways they can think of, as Seizing his Castles, Pos­sessions, &c.

According to which seems groun­ded the Opinion,

That a King is not a King, whereBracton.his Will governs, and not the Law.

For if a King's Power were onlyFortescue.Royal, then he might change the Laws, and charge the Subject with Callage, and other Burdens, without their Consent.

[Page 58] But the King has a SuperiourBracton.God, also the Law, by which he is made King.

For a King is constituted, that heK. Edw's Laws.should govern the People of God, and defend them from Injuries, which un­less he performs, he loses the very Name of a King.

From that Power which flows fromFortescue.the People, it is not lawful for him to Lord it over them by any other Power, that is, a Political, not a Regal Power.

Let Kings therefore temper theirBracton.Power by the Law, which is the Bri­dle of Power.

So that the right understanding of Grotius de Jur. Bell. ac Pac. this Law of Resisting, or not Resisting, in Cases of Necessity, seems to depend on the Intention of those that first entred into Civil Society, from whom the Right of Government is devolved on the Per­sons governing.

Certainly no Civil Society ever made a Contract with intention to be oppress'd or destroyed; and he there observes, that Men did not at first unite themselves in Civil Society by any speci­al Command from God, but for their [Page 59] own Safety, to withstand Force and Vio­lence; and from this the Civil Power took its rise.

I will now proceed to a more pro­per way of Argument than Quotati­ons; and briefly consider the Reason of Government, and the necessary Consequences, in respect of the Con­ditions of the Governing, and the Go­verned; and as a Builder that designs to build strongly, I will use a Founda­tion laid by that excellent Architect Mr. Hooker, in his Ecclesiastical Polity.

I will faithfully transcribe his Words; and though not join'd toge­ther in his Discourse, yet the Reason is so strong that guides an Argument of this nature, that it has naturally its own Cement and Connexion, which will appear in these following Words.

Presuming Man to be, in regard of his depraved Mind, little better than a wild Beast, they do accor­dingly provide notwithstanding, so to frame his outward Actions, that they be no hindrance to the Com­mon Good, for which Societies are instituted; unless they do this, they are not perfect: it resteth therefore, [Page 60] that we consider how Nature finde out such Laws of Government, as serve to direct even Nature depra­ved, to a right End.

To take away all such natural Grievances, Injuries and Wrongs, there was no way but growing into a Composition and Agreement a­mong themselves, by ordaining some kind of Government Publick, and by yielding themselves subject there­unto, that unto whom they granted Authority to rule and govern, by them the Peace, Tranquillity, and happy Estate of the rest may be pre­served.

Men always knew, that when Force and Injury was offered, they might be Defenders of themselves; they knew that however Men may seek their own Commodity, yet if this were done with Injury to o­thers, it was not to be suffered, but by all good Men, and by all good Means to be withstood.

Impossible it is that any should have compleat Lawful Power, but by Consent of Men, or immediate Appointment of God; because not [Page 61] having the natural Superiority of Fathers, their Power must needs be either usurp'd, and then unlawful; or if lawful, then consented unto by them, over whom they exercise the same: They saw that to live by one Man's Will, became the cause of all Mens Miseries; this constrained them to come into Laws.

The Lawful Power of making Laws to command whole Politick Societies of Men, belongeth so pro­perly unto the same entire Societies, that for any Prince or Potentate of what kind soever upon Earth, to exercise the same himself, and not either by express Commission im­mediately and personally received from God, or else by Authority de­rived at the first from their Consent, upon whose Persons they impose Laws, is no better than mere Ty­ranny.

Laws they are not, therefore, which Politick Approbation hath not made so; but Approbation not only they give, who personally de­clare their Assent, by Voice, Sign or Act, but also when others do it [Page 62] in their Names, by Right original­ly derived from them, as in Parlia­ment, &c.

Thus strengthened by this great Man, to whom the Church of Eng­land has justly paid a particular Ve­neration, I shall with the more confi­dence proceed to do the Nation Ju­stice, and begin with those granted and undeniable Principles, That the Authority, Power and Right of Self-Defence and Preservation, was natu­rally and originally in every indivi­dual Person, and consequently united in them all, for Ease, Preservation and Order; but every one could not be a Governour and Governed: and without Agreement where to fix a useful Power, to execute such conve­nient Agreements or Laws, as should be consented to for their own Good and Benefit, they could not be safe against one another; for if Interest and Appetite were the free Guides, without the check of any Law or Pu­nishment, Mankind must be in a state of War, and destroying one another, the certain Consequence of that Con­dition; [Page 63] for Faith and Justice in all, could not be depended upon to be suf­ficiently binding, unless Men had no depraved Natures, but had been en­dued with such Original Vertue and Justice, that they were as sure and careful of their mutual Preservations, as Laws, or the fear of Punishment could oblige them.

For this reason were Laws invent­ed, and consented unto; and 'twere a fatal Absurdity, if the Cause was for Preservation by the Power of such Laws, that those Laws should have no Power to limit or confine the Au­thority of Him or Them that were chosen to govern by the Conditions contained in them; for otherways the Mischief was but chang'd, and they that out of a reasonable appre­hension had bound themselves from oppressing one another, should give unlimited Power to others to do it, if they pleas'd: so that unless this ridi­culous Supposition could be granted, it must be acknowledged of conse­quence, that though the Magistrate was set above the People, yet the Law was set above the Magistrate: For [Page 64] where any thing is to be observed and obeyed, there a perfect Superiority is acknowledged.

Whoever therefore is set up to go­vern by these Rules and Covenants, must of consequence have only an Ex­ecutive Power committed to him by the People. It has ever been acknow­ledged by all Common-wealths, that their Power is derived from the Peo­ple: And why should it not be ac­knowledged, that a King has the same derivative Power? They that would argue against this, should be well furnished with plain Texts of Scrip­ture, to prove that the Government by Kings was more favour'd of God, than any other Government; and that a King was in a special manner (not found among Men, but) dropp'd down from Heaven to govern a Peo­ple intentionally created for him, and he therefore accountable to none but GOD.

But this, I suppose, will be very hard for the most willing Flatterers to find out; but the contrary appears frequently in Scripture: David first made a Covenant with the Elders of [Page 65] Israel. And when Jehoash was made King, Jehoiada the Priest made a Co­venant between him and the People: but some of our passive Zealots would have such Covenants to be void in themselves, and yet acknowledg it an Offence not to observe them; but the Offence must be answerable to God, not to Man: which is only Doctrine for encouragement of Sin, to invite good Princes to grow bad, and make a Religious Duty the secu­rity of Tyrants.

Power seldom permits Religious Thoughts to prevail, or the unplea­sant remembrance of what's to come after this Life: And if a King either forgets, or does not believe a Future Judgment; and perswaded by such flattering Doctrines to be so like a God, as to be Unquestionable here, he must look upon his Subjects as his Slaves, and their Goods his Chattels, and their Inheritances his Estate: so that Laws are unnecessary for Preservation or Punishment, since his unquestioned Will may save or destroy. For if Laws and Compacts were of force, 'twere equally just and legal, that if [Page 66] for Offences against them, the Subject should forfeit for himself, that the King for the violation of the same Laws should forfeit as well.

If it should be urg'd, that an Oath is taken as the only Security, that is begging the Question, it may be as a farther Security; but the Original and never-to-be-separated Rights of those from whence Power was deri­ved, must be the surest: for there is no danger but from the Bad, and they are more apprehensive of Punishment in this World, than the remote Ter­rors of the other. And if an Oath were sufficient Security, why are not all Magistrates sufficiently obli­ged, and we secured by such Obliga­tions, and ought not as well to be li­able to any Account or Punishment in this World? But this they will al­low to be ridiculous, for Magistrates may be wicked and corrupt, and their Oaths no Security against the Oppres­sion or Destruction of many: but this just Reason must not extend to Kings, tho Tyrants, for they, it seems, have a Divine Right to be wicked, and op­press or destroy a Nation by Arbitra­ry Power.

[Page 67]As to the Point of Divine Right, certainly it must be fix'd, and arise from something. Naturally every Man has alike a Divine Right to his Life, Freedom and Estate; but these, by the Pact he has made, may be for­feited by offending against those Laws he had covenanted to obey; and by reason of that Pact, a King has a Di­vine Right, which is affix'd to all Contracts. Now if there were no Contract, nor Office in a King, in what can he have a Divine Right? If it be annex'd to Name or Power abstractedly, without those Conside­rations, then Force or Violence gain­ing Power and Name, is attended presently by Divine Right; and the destruction of our Religion and Laws, Murder and Rapine, may be conse­crated by Divine Right, inseparable from Power, whether just or unjust: and if Passive Obedience and Non-Re­sistance be sacredly to be paid to all this, that Divine Right we have to our Lives and Properties, may be ta­ken away by this Divine Right.

But God has pronounced temporal Judgments frequently in Scripture a­gainst [Page 68] Tyrants and wicked Kings, for oppressing and destroying the People. Ahab by colour of Law (the worst sort of Tyranny) found out two false Witnesses to swear Blasphemy against Naboth, that he might forfeit his de­sired Inheritance; for which Ahab forfeited also his Succession: and the Reason is plainly exprest by the Pro­phet Elijah to him, Thou hast killed, and taken possession. And how does it appear that God has altered such De­terminations, and now by a Right from him, made all Wrong unquesti­onable in this World? Samuel slew a King, and gave Tyranny for the Rea­son, Because he had made Women child­less; and did not respite his Punish­ment, till he had made his Account with God. He seemed of the Opini­on that Seneca the Tragedian makes Hercules declare:

—Victima haud ulla amplior
Potest, magis (que) Opima mactari Jovi
Quam Rex iniquus—

In the History of Passive Obedience, [Page 69] there is a very learned Man quoted, that calls the Contract between King and People, an Implicit Contract; but he might have been pleased to call this Doctrine of Passive Obedience, more properly an Implicit Doctrine, since 'tis grounded more upon their own Imagination, than Reason or Scripture; and the Texts need be ve­ry plain, to shew that Divine Right in the Person of any Man, from whence they derive the Passive Duty, Religiously to suffer the Destruction of Religion, and justly to obey Vio­lence and Injustice, to encourage Ty­ranny, and zealously promote Slavery.

In that Author I find also a Questi­on, which they presume very weigh­ty; How the People having once par­ted with their Power, came to resume it?

In my Opinion, any one that were govern'd by Reason, not so disturbed as theirs, would wonder at such a Que­stion; as if it were the same thing for a Man to grant Estates absolutely, as under Conditions and Revocations: And so for the People to make a Con­tract expresly, That such a Man [Page 70] should govern them by his Unquesti­onable and Arbitrary Will, without any Obligation; or that he should govern them by Contract exprest in Laws. And the Question then more naturally arises on the other side, If People have never parted with any Power but Conditionally, how came they to lose it Absolutely?

There are few that will not allow Resistance to be lawful against a Fo­reign Prince that invades us to make us Slaves, or against an usurping Ty­rant, that gets forcibly into Power; and yet another that is in the right possession of Power, may turn a Ty­rant, and we must passively submit to the Mischiefs he is pleased to bring on Mens Lives and Properties; as if a lawful Accession to a Crown, can better justify the Violation of Right, than an Usurping Power: For by that reason there is a Title of doing wrong, derived from the Right to a Power that was to protect from Wrong. If a Man should seal Bonds in a House where he had a rightful Possession, is he therefore less liable to pay or per­form Covenants, because he had a [Page 71] Right to the present possession of the Place where he was when he agreed and seal'd the Security? And by the same reason it appears, that the King of France has as much Right to go­vern us, as a King of England to go­vern us; for every Prince has equal Right to Slaves: for Power is all the pretended Right to Slavery. And if the Contract between King and Peo­ple be implicit, there is certainly but an implicit Difference between Slaves and Subjects.

By this Religious Duty of Passive Obedience, equally paid to just and unjust, to legal and illegal Power, the Sacrifices offered to God are the per­swasion to Tyranny, the security of Mischief, the encouragement of Sin, the destruction of good Men, and the preservation of the Bad; Lastly, the justifying of Wrong by Divine Right, and a pretended Account to be made up only with God, to defraud his People of their just Rights here.

But I hope this late Happy Revo­lution has satisfied every undesigning Heart beyond all Arguments, and [Page 72] shewed the Falseness of their Reasons, as well as prevented the Mischiefs of their Doctrine; since, contrary to their Assertions, we have seen Oppo­sition with much less expence of Blood, than Submission would have suffered to be spilt; and Arbitrary Tyranny changed into a Limited Monarchy.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.