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to bear; and then I am sure I may depend to obey in all things absolutely, but in all thing, upon your lordships' known candour, honour that are lawful and honest. and justice, that if any thing/should fall from me And as to the passive part of the child's obeless correct, or less guarded than it ought to dience, the submission or Non-Resistance rebe, it shall receive the most favourable con- quired, permit me to put a case : snppose a struction that it is capable of.
parent in a frenzy, in a fit of drunkenness or Before I deliver my opinion, 1 beg leave passion, draws his sword, and attempts to kill briefly to state the question ; and in order to his innocent son, and the son had no way to that, to lay down two premises.
escape from him : is he obliged by this duty of 1. That government in general, was in its not resisting, to stand still, and let his father original institution designed for the good of sheath his sword in his bowels? May he pot, the whole body. Men were not formed into though he must still bave a care of his father's societies, only to be subjects of the arbitrary life, defend bis own ? May he pot put by the wills, the slavish instrumeuts in the gratifying pass, grapple with his father, and disarm him the ambitious or other corrupt designs of any if he can? My lords, surely he may; that one or more men ; but for the safety and prime law of nature, of self-preservation, will prosperity of the whole community.
justify bim in it: and then why may not the 2. That in the Holy Scriptures (as far as I same law of self-preservation justify the politican find) there is no specification of any one cal child, the body of the people, in defending particular form of government to wbich all their political life, i. e. their constitution, nations and bodies of men, in all times and against plain and arowed attempts of the poliplaces, ought to be subject ; nor are there any tical parent utterly to destroy it? And it is such exact accounts of the extent of the power upon this point only that I shall state the quesof the governor, or obedience and submission of tion. the governed, as can reach to all cases that I do allow, that in all governments whatsomay possibly happen.
ever, there is an absolute power lodged some There are many general precepts requiring where. With us, as I bumbly conceive, that the obedience and submission of subjects to power is lodged in the legislature; for which their governors: " Let every soul be subject to I have the authority of a great politician and the higher powers: you must needs be sub- statesman, sir Thomas Smith, who was secreject not only for wrath, but also for con- tary of state to two princes, king Edward 6, science-sake: le that resists, resists the or- and queen Elizabeth; who in his book, De dinance of God: and submit yourselves to Republica Angl. a book seen and allowed, as is every human constitution for the Lord's sake,” said in the title-page, in that chapter where be &c.
treats of our parliaments, and the authority But yet these Scriptures do not tell us how thereof, lays down this assertion, “ The most far we must obey and be subject, nor do they bigh and absolute power of the realm of Eng. necessarily imply that there can never be any land consisteth in the parliament.” And giv. cases wherein we may not obey and not be ing particular instances of that power, among subject, but resist ; because there are other others, mention this, “ That the parliament places in Scripture, where other duties are re- gives form of succession to the crown." quired in terms as large and general as these, The executive power with us is lodged with nay in universal terms, which yet must admit the prince; and 'I do readily allow, that the of exceptions.
prince so vested with the executive power, and Some of the most zealous contenders for the all others lawfully commissioned by bim, actabsolute power of the prince, and uncondi- ing according to their commission, and within tional submission of the subject, found them. those laws with the execution whereof be and selves very much upon the fitib command.- they are respectively trusted, are irresistible: ment, 'honour thy father and mother,' which the person of the prince is always inviolable ; they expound as comprehending political as no personal faults in bim; no injuries to partiwell as natural parents, and I do not gain-say cular persons, where they can have no redress it : but then, pray my lords, let us see in what by law, as in several cases they may have; ao terms the duty of children to their natural general mal-administration, whereby the pub. parents is required in Scripture ? Children, lic may be greatly burt, can justify any forci. says the Apostle, obey your parents in all ble Resistance of bis subjects; nor any thing things.' This expression is surely universal else than a total subversion of the constitution. enough ; and from hence, according to some But if in a legal monarchy, where such laws men's reasoning, it must follow, if children have been enacted by common consent of prince must obey their parents in all things, then they and people, as are to be the measures of his may resist in nobe.
government, as well as of their obedience, that But will any body say, that notwithstanding limit bis power, as well as secure their rights the universality of this precept, there may and properties, the prince shall change this not be some exceptions and limitations under form of government into an absolute tyranny, stood, both as to the active and passive part set aside those laws, and set up an arbitrary of the child's obedience ? As to the active, no will in the room of them: when the case is one will deny, but the command must be re- plain, and when all applications and attempts of strained to licita et honesta ; they are not other kinds prove unsuccessful ; if then the no
bles and Commons join together in defence of support of what I have laid down, but I shall their ancient constitution, goveroment and mention but one: it is in a book written proJaws, I cannot call them rebels. Allow me, fessedly on this subject, and the passage I shall my lords, to lay before you a few things in quote comes home in point to the matter in maintenance of what I have advanced. And, hand. The book was written in queen Eliza
1. I would bumbly offer some facts, which beth's time: every one that is acquainted with I allow do not directly prove what I have said the history of ber reign, knows what attempts · to be true, but they do prove it to have been were made by the Pope and his party against the opinion of our princes, parliaments, clergy her government and lite, by excommunicating, and people, in the reign of those three great deposing her, absolving her subjects from their princes, queen Elizabeth, king James and king allegiance, by raising tumults and insurrections, Charles i. I mean the assistanee which those by dagger, poison, and what not: and it is cerprioces gave to the subjects of other countries tain, that they were these wicked practices of that were resisting their respective princes; the Pope and his followers, and the doctrines and to enable them to do so, they had subsidies by which they justified them, that the comgiven them in parliament and convocation, pilers of the homilies, which were then made, and there were prayers composed and used for and other authors, who then wrote about the the success of their arms.
power of the prince, and the duty of the subSurely, my lords, if those princes, parlia- ject, bad principally in their view. The book ments, clergy and people, had been of opinion 1 mean, is entitled, The True Difference bethat the Resistance of subjects against their tween Christian Subjection and Unchristian Reprinces was in no case lawful, but always dam. bellion. It is written by way of dialogue benable rebellion; they would never by aiding tween a Christian, whom the author calls Theo. and assisting such rebels have involved them- philus, and a Jesuit wbom he calls Philander. selves in the guilt, and exposed themselves to I beg leave to read a quotation out of it. Thenthe dangerous consequences of such a sin. I philus the Christian says, “I busy not myself mention not the particular stories, because they in other men's commonwealths as you (the Je. are better known to your lordships than to me, suits) do, neither will I rashly pronounce all and because I doubt not but in the course of that resist to be rebels : cases may fall out even this debate, some lord or other will give a in Christian kingdoms, where the people may larger account of them. But I cannot forbear plead their right against their prince, and not observing one thing relating to that assistance, be charged with rebellion." Philander the Jewhich that pious prince, and now glorious saint suit asks, “ As when, for example ?” Theoin heaven king Charles 1, gave to the Rochel. philas the Christian replies thus: “If a prince lers, who were surely the subjects of the king should go about to subject his kingdom to a of France: he ordered a fast by proclamation, foreign realm, or change the form of the comand appointed a form of prayer to be drawn up monwealth from impery to tyranny, or neglect for the imploring of God's blessing. It is the laws established by common consent of bighly, probable, that bishop Laud had the great prince and people, to execute his own pleasure : hand in composing those prayers, be being in these and other cases, which might be named, then bishop of London, and in great favour, if the Nobles and Commons join together to and the archbishop of Canterbury, Abbot, at defend their ancient and accustomed liberty, that time in disgrace. But whoever composed regiment and laws, they may not well be acthem, I beg leave to read part of one of the counted rebels.” This book is said, in the titlecollects in that office;,“O Lord God of Hosts, page, to have been perused and allowed by that givest victory in the day of battle, and de public authority ; was written by a great man, liverance in the time of trouble, we beseech Dr. Bilson, then warden of Winchester Cola thee to strengthen the hands, and encourage lege; printed at Oxford by the University the hearts of thy servants, in fighting thy bat- printer, and dedicated to queen Elizabeth ; and tles, and defending thy altars that are among the author was afterwards made bishop of Winus, and in all the reforined churches." It chester. I could offer many other authorities, seems the reformed churches were thought to not from false sons, or perfidious prelates of have God's altars among them then, however the Church, not from men of tactious and antithey have been vilified since. But that which monarchical principles in relation to the state ;
would observe from this passage, is this, but venerable names, ornaments to the ages That neither that excellent king who coin- they lived in, and such as will be remembered manded those prayers to be compased, nor the with honour in succeeding oves: but I am subishops who composed them, nor the clergy perseded in producing, and your lordships' and people who used and joined in them, could trouble saved in hearing more particolar quoin so solemn a manner have recommended tations to this purpose, by what is yielded by a those forces to the divine protection and fa- reverend divine of great parts and learning, far vour, and as such as were fighting God's bat. enough from the suspicion of being prejudiced des
, if they had thought they were fighting against the rights of princes, or partial to those against God in his vicegerent; and as defend of the people; I mean the reverend dean of ing bis altars, if they believed they were resistjag his ordinance.
* Of this Bisbop, see some particulars in the 2. I could produce several authorities in case of lord and lady Essex, vol. 2, p. 785.
Carlisle, who in a Latin discourse preached t | under the government of the best of princes and printed in this town upon the duty of Sub- that ever heaven blessed a nation with : for us, mission, stating some cases of extreme neces- I say, were our government as arbitrary as any sity, and putting the question, “ Whether it in the East, yet I should think our rights, limay not be lawful for the people in such cases berties and properties, and whatever is most to resist ?” answers, Viri boni et graves, &c. dear and valuable to us, as safe if they de“ That good and judicious men, that have taken pended entirely upon her majesty's gracious great and aseful pains in defending the rights will, as they are now they are secured to us by of prioces, and repressing popular licence, have our laws, or stronger fences, if they could be contended that it is lawful :" He adds indeed, made) but I speak in regard to those that are "Whether they have done right or wrong, let to come after us: And I do hope and trosty others jadge;" and does not give his own opi- that as your lordships have received such an nion. But since he bas granted, that such inestimable treasure from your predecessors, men as he has described, men of probity and you will transmitit inviolably to your posterity. judgment, zealous assertors of the rights of My lords, I fear 1 tire you, but I must beg princes, and repressors of popular licence, have your patience a little longer, while I express contended, that in cases of extreme necessity it my surprize and wonder tbat the doctrine of is lawful for the people to defend themselves; Passive Obedience and Non-Resistance, in the I may comfort myself, if I err in my opinion, unlimited extent in which some explain it, is that I err in good company. But i bumbly so diligently inculcated, and so zealously conceive I do not err; and that,
pressed at this time. 3. For this plain reason, That if it be utterly Passive Obedience, I own, when truly stated, unlawful to resist in any case whatsoever, even is a truly Christian duty; a perpetual duty as to that of a total subversion of the constitution and the obligation, but occasional as to the practice laws; then there is no distinction of govern- of it. Now preachers do not usually, beglectments, of absolute, I mean, and limited; or if ing the pressing of other duties of more conthere be a distinction, it is a nominal one, with- stant practice, lay out their time and labour in out any real difference. For what difference filling both pages of ther discourses with is there between a prince's governing arbitrarily earnest assertions and violent exhortations to without law, and governing arbitrarily against the practice of an occasional duty, unless they law ? betwixt having no laws at all, and having bave some near prospect of an occasion for the precarious laws that depend entirely on the exercise of it. And yet, my lords, has this one will of the prince, whether he will observe one duty been of late more frequently and earnestly of them, or subvert them all; and if he does, asserted and urged, both from pulpit and press the people cannot help themselves ?
than all the other duties of Christianity ? And But, my lords, I hope and believe that there what occasion for this does any one pretend to is a real distinction of governments, and that have in view ? the subjects, of all governments are not in the Can there be a wretch so abandoned, so lost same wretched condition that those of France to all sense of gratitude, and every thing that and Turkey are in. I hope we have not boasted is good, as to be capable of admitting a thought
, falsely or vainly of our form of government, that our gracious queen bas done, is doing, of that we are blessed with a constitution more intending to do any thing, that may give ber happy than any other nation in the world subjects occasion for the practice of this duty: enjoys, that allows and secures as great, and has she not, ever since her happy accession to (I had almost said) god-like powers and pre- the throne, postponed, sacrificed her own repose rogatives to the crown, as any wise and good and ease tn the quiet and happiness of her subprince can desire; a power of doing every jects? Has she not clearly shown that she has thing that is good, and nothing that is ill; and nothing so much at heart as the good and prosat the same time secures most valuable rights perity of her people, the true interest and hoand privileges to the people.
nour of her kingdom, which she has carried What wise or good prince would not rather higher than any of her royal predecessors erer chuse to reign over free subjects, than tyrannize did before her Has she not approved herself a over slaves? To receive a willing, cheerful true parent of ber political children, by er. obedience, proceeding from the principles of. ercising as prudent a care of, and expressing on gratitude, love and interest, as well as of duty, all occasions as tender an indulgence to them, rather than a forced one, owing merely to a as any natural parents ever did towards theirs? principle of fear, the principle from whence If then there be no occasion from the conthe Indians worship the evil spirits ?
duct of our prince, is there any reason from My lords, such a frame of government your the behaviour of her people that may justify lordships have received from your ancestors ; this extraordinary and otherwise unseasonable and I hope and trust, that in grateful respect to zeal for this doctrine? Do they (excepting such their memory, and in tender regard to your as the zealots for this doctrine have excited to posterity, (I say nothing of ourselves, my lords ; disturb her peaceful reign at home, hy rebel
. for as for us who have the happiness to live lious and dangerous tumults and insurrections
sbew any uneasiness under her majesty's got. I suppose a Concio ad clerum,' preached vernment, or inclination to throw ii of? Do by Atterbury to the Convocation.
they not bless their glorious queen, and God
for her? Do they not on all occasions express that the case of the Revolution was a case of their grateful sense of the many inestimable such necessity : but how did they apply this to blessings they enjoy through her administra- the case of their client? Thus: they said, that tion? Do they not constantly offer up their those divines whom they had quoted, were nederout prayers to God for her long life and ver found fault with, for asserting the doctrine happy reigu ? Do they not willingly pay their in general terms, not expressing but tacitly im. taxes for the support of her governroent, cheer- plying the exception : then they asked, Why fully expend their treasure and blood too in de- should the Doctor be charged for asserting the fence of it?
doctrine in general terms, as others had done, What then can be said for such a conduct, not expressing the exception which they had which can have no other natural tendency than not expressed? Why should not he be intito create unreasonable jealousies of her people tled to the favourable construction of tacitly in the head of our queen, and groundless fears implying the exception of cases of necessity, of their queen in the hearts of her people such a necessity as they allowed justified the Jealousies in the queen, that her subjects are Revolution ? inclinable to rebel against her, when the clergy Indeed I should readily bave admitted the think it necessary thus to press these restraints plea, if the Doctor had done no more than upon them; and fears in the people wben their barely assert the doctrine in general terms, and pastors are so industriously preparing them for his only fault had been that he had not ex
pressed the exception which he tacitly im. My lords, I would not be thought to charge plied: but has he done no more than this ? upon all that hold and assert this doctrine, the Has he not mentioned the case of the Revoluconsequences which I may with too much tion, with no other view, as I can see, than to season charge upon some of them ; I mean expose it; not as an exception out of his genesuch as do not allow ber majesty's title to the ral position, but an objection against it?
Our crown, but refuse to take the oaths to her, or adversaries, says he, that is, those that oppose join in prayer for her, and have upon that ac- his general doctrine, think they have us suure, count formed one of the most ubaccountable i. e. effectually confute that doctrine, by obschisms that ever was made in the Church. jecting the Revolution. This objection must Some of these bave engaged zealously in as suppose that there was Resistance at the Revoserting this doctrine; and one of them, in a lution ; for to say that the general doctrine, paper written in vindication of it, bas not been that it is not lawful in any case to resist, is not afraid to insinuate a parallel between the case true, because the Revolution was lawful, in of ber majesty and the Pretender, and that of which there was no Resistance, would be Athaliab and Joash.
wonderful objection indeed: I say, Resistance Horrid suggestion, that would make one must be supposed in the objection, to make tremble! What do these men inean? Any sense of it. `How then does be solve this observice to ber majesty ? No; the consejection ? Does he say, the general doctrine quences as to them are plain. . Ifto resist upon always implies an exception of cases of necesaoy occasion whatever be unlawful, be rebel-sity ? That the Revolution was a case of snch lion, dampable rebellion; then the Revolution necessity, and therefore that necessity justified was rebellion, and all that were concerned in it the Resistance at the Revolution ; do, but by are involved in that guilt; then we have con- advancing a strange positioa (which he proves tinued in a rebellion ever since ; then if we by as strange a medium) viz. That there was would avoid damnation, we must repent of that no Resistance at the Revolution :' plaidly imsio: but there is no true repentance without plying, that if there was Resistance at the Rerestitution; and if there must be restitution, volution, which every body knows there was, they will tell you what that is.
the Revolution stands condemned by his geneI would charitably hope, that the unfortu- ral doctrine. So that I cannot see that his pate, person pow in judgment before your learned counsel, who wanted neither abilities lordships, did not intend to carry matters so nor inclinations to serve him, have at all defar : but I must say, his doctrine as be bas fended him against the Charge in this Article. stated and managed it, under his bead of False But this they have effectually done, they have Brotherhood with relation to the state, does given up his general doctripe, if it admits of no give too great a bandle for those that have exceptions; and thereby cleared the Revolusuch views, to improve what he has said to tion, and the necessary means whereby it was
brought about, from those black and odious The counsel for him have laboured to de. colours which he endeavoured to cast upon feed bin against the charge in this articles like the after all, I can truly appeal to my own heart Homilies, Statutes, and Writings of divines and a greater than it, the Searcher of it, that I dead and living, wherein this doctrine has am not any ways prejudiced against the person been laid down generally. They all allowed of the unhappy prisoner, but rather in favour of that cases of extreme necessity were always him, as I am of all men in bis suffering cirexcepted out of this general doctrine; and that cumstances, by a natural tenderness (it may be ihoagh the exception was not expressed, yet it a weakness, bůt such a one as I cannot belp,) was always implied, and they allowed farther, which never suffers me, bowever obliged in
justice to it, to do a hard thing to any one, may be drawn out of the same * quiver to shoot however deserving it, without doing at the at us; and we may be told, that in defending same time a hard thing to myself: and if your of the + Toleration granted by law to the Dislordships should be of opinion, in the conclu senters, we shew ourselves to be apostates from sion of this Trial, that the Commons have made our own order. But from both these imputagood their Charge against him, I am sure I tions, I am persuaded, both our writing, and could come into as easy a sentence upon bim our actions, will secure us in the judgment of may
be consistent with the honour and jus- all indifferent persons. tice of your proceedings, avd with that which The substance of this second Article of the I take to be the chief end of all punishments, Impeachment, which your lordships are now not so much the hurting the offender, as the about to enter upon, is this : “ That Dr. Sachpreventing the like offences and hindering everell in his Sermon doth suggest and maia. others from committing the:n for the future. tain, that the Toleration granted by law is up
But still, my lords, there is surely a tender- reasonable, and the allowance of it onwarrantness and compassion due to our queen, om able. That he is a False Brother with relation country, and our posterity ; all which, I hum- to God, religion, or the Church, who defends bly apprehend, are highly concerned in the is. Toleration and Liberty of Conscience. That 'sue of this affair.
queen Elizabeth was deluded by archbishop If clergymen may with impunity publicly Grindall to the Toleration of the Genevian disin their sermons arraign and condemn the Re- cipline; And that it is the duty of superior volution ; besides the reflections they cast upou pastors to thunder out their ecclesiastical anaall the worthy patriots that were concerned in ihemas against persons entitled to the benefit that great work, the commonalty, gentry, and of the Toleration; and insolently dares, or denobility, lords upon every bench in this House ; fies any power on earth to reverse soch sed: besides this, it must shake, it must sap the very tences." This, my lords, is the sum of this foundation of our present establishinent, as it part of the Commons' charge against Dr. Sachstands upon the foot of the Revolution, and ut- everell, and I think the managers have fully terly destroy our future hopes in the Protes- made it out; not by bare intendments, by un- 1 tant Succession, which is founded upon that necessary implications, and forced construcbottom only.
tions; not by piecing together broken senMy lords, I must humbly ask pardon for tences, and conjoining of distant and indepen: having trespassed so long upon your patience, dent passages (as be has unjustly complained;) and will conclude with this one word, "That in but by the plain words, and necessary meaning, my opinion, these practisings of clergymen (to of a very great part of his discourse. use the expression of a great and eminerit pre- But before I trouble your lordships with the late) in state matters, are of that dangerous ten- proof of tbis, give me leave, upon this occasion, dency and consequence, that if there be not (though it be no part of the Impeachment laid some effectual stop put to these practisings, against the preaeber) to observe to your lord. these practisings will, in time, put an effectual sbips, what a strange account he has thought end to our constitution.
fit to publish of that other popular engine, The Commons bad therefore reason to bring which, he says, has been made use of 1 to pull this matter in judgment before your lordships, down the Church, and wbich he calls by the and I think they have fully made good their name of Comprehension. Charge in the first Article of their Impeach- The person who first concerted this supposed ment against Dr. Sacheverell.
design against our Church, was the late most reverend Dr. Sancroft, then archbishop of Can
terbury. The time was towards the end of that The Bishop OF LINCOLN's* Speech upon the occasion of the foregoing Article
. unhappy reign, of which so much was said TO THE HOUSE OF LORDS, MARCH Then, when we were in the height of our la. 17TH, AT THE OPENING OF THE
bours, defending the Church of England against
the assaults of Popery, and thought of nothing SECOND ARTICLE OF THE IMPEACH- else; that wise prelate, foreseeing some such MENT AGAINST Dr. SachEVERELL. Revolution as soon after was happily brought
about, began to consider how utterly anprepar My lords; It was the misfortune of some ed they had been at the restoration of king of our bench, that in the prosecution of the Charles 2, to settle many things to the advanforegoing Article of this Impeachment, a noble tage of the Church ; and what a happy oppor lord, wbo spoke very early to that point, was tunity had been lost for want of such a prepleased not only to anticipate our judgment in vious care, as he was therefore desirous shoald that particular; but to do it with this pretty hard reflection, that in giving it, as he supposed * See Dr. Sacheverell's Answer to the 1st we would, we should vote contrary to our own Article of Impeachment. His Speech, fol. doctrine. It is not improbable but that, in the pag. 23.
Former Edition. course of the present debate, another arrow # Dr. Sacheverell's Sermon at St. Paul's
page 8. Former Edition. Dr. William Wake. Former Edition.
# Serm. pag. 16, 17. Former Edition,