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after confider the fubmiffion and refpect due from the fubject to the fovereign, as a civil duty and obligation, which every member of the community is indifpenfably obliged to perform, under the penalties, which the state. has annexed to the crime of high treason.

The most vehement opponents of kingly power admit, after Milton, * that "there is no power but of God; that is, no form, no lawful constitution of any government". For Almighty God" is equally the original of it, whether he first lodged it more in common, and left the communication of it to particular perfons, to be the refult of reafon and deliberation, or himself immediately gave it to those particular perfons." And thus clearly are to be understood thofe words of our bleffed Redeemer to Pilate, "Thou wouldst not have any power over me, unless it were given thee from above;" unless it be contended that Pontius Pilate, or Tiberius Cæfar, whofe lieutenant he was, had like Joshua, Saul, or David received an immediate appointment or commiffion from God, to rule over the people of Ifrael. I have cited this

* Milton's Defence, p. 64.

+ Hoadley's Defence of Mr. Hooker's Judgment, p. 199.

Joan. c. xix. 2. 11,

All power from mediately or immediately.

God, whether

one

rendered pliant to the sense of every inter

par

one quotation from fcripture, that both ties may draw from it the fatisfactory inference, that the fubmiffive deference of any fubject to an acknowledged fovereign will ever be regarded as a moral duty to Almighty God. Little will it avail me to atThe feriptures tempt to prove or confirm my reasoning by the application of paffages from the holy writ, where moft men interpret it by their own private judgment; and in this very controverfy, I firmly believe, that there is not a paffage relating to kingly or magiftratical power, from the beginning of Ge nefis to the end of the Revelations, which has not been tortured by the fupporters of the oppofite parties into contrary meanings.

preter.

Soare many po-
Ţitical writers.

The liberty, with which the ecclefiaftical and theological writers upon this controverfy have accommodated the authority of the fcriptures to their refpective doctrines, has been clofely followed by most historical, political, and legal writers; for we find, through their writings, the very fame texts quoted from the old approved authors, Bracton, Briton, Fleta, Fortefcue, and others, to prove and fupport their oppofite doctrines. It is neither incumbent upon me, nor is it competent for me to difcufs the propriety of accommodating the fenfe of the holy fcrip

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tures to oppofite purposes; but I feel it an indifpenfible duty to endeavour to affix a determined meaning to thofe civil authorities, which affect the question under our confideration.

The king to be ther in his na

confidered as ei

tural or in his

city.

The king (or queen) * of this realm, in whom the conftitution places the fupreme executive power, is to be confidered either political capain the natural capacity of a human individual, or in his political capacity as an integral component part of the legislature. Some things are faid of the king, which are true only as applicable to his natural capacity, and falfe, if pretended to be applied to his political capacity; and fo vice verfa. It will be my endeavour to keep my readers attention to the difference. His natural capacity he receives immediately from Almighty God; his political capacity immediately from the people or community; but not without the permiffion of Almighty God, from whom the people receive immediately their power and right to confer it; thus are reconciled the words of St. Peter, calling kings a human ordinance, or buman appointment, with the words of St. Paul, ftyling magiftrates the ordinance of God.

Whenever I shall in future fpeak generally of the king, I beg alfo to be underflood of a queen regnant, fuch as were Mary, Elizabeth, and Anne.

The

The king is a corporation in his political capacity.

The king, in his political capacity, is a corporation fole: now" corporations fole confist of one perfon only and his fucceffors in fome particular ftation, who are incorporated by law, in order to give them fome legal capacities and advantages, particularly that of perpetuity, which in their natural perfons they could not have had. But as all perfonal rights die with the perfon, and as the neceflary forms of invefting a series of individuals, one after another, with the fame identical rights, would be very inconvenient, if not impracticable, it has been found neceffary, when it is for the advantage of the public to have any particular rights kept on foot and continued, to conftitute artificial perfons, who may maintain a perpetual fucceffion, and enjoy a kind of legal immortality." So in this fenfe is it faid, that the king never dies and thofe, who are his heirs in his natural capacity, are called his fucceffors in his political capacity; for a corporation can have no heirs, as nemo eft heres viventis, and a corporation never dies.

*Blak. Com. b. i. c. xviii.

CHAP.

CHAP. X.

OF THE SUPREME HEAD OF THE CHURCH

I

OF ENGLAND.

Shall follow the common order of affo

What ecclefi

aftical fupre my vested in

the king.

ciating our ideas of church and state, by first confidering the king as fupreme head of the church of England. Now, although in this difcuffion I fhall rather confider, what the conftitution now is, than what it heretofore was; yet, as whatever ecclefiaftical fupremacy over the church of England is now vefted by the conftitution in the perfon of the king, is generally fuppofed to be vefted in him by the continuance, recognition, revival, or transfer of an old power, and not by the crea tion, donation, and inveftiture of a new one, as I fhall endeavour to make appear, it will be incumbent upon me to make fome refearches into the origin and establishment of Spiritual or ecclefiaftical power in this country. I will prefume it ufelefs to repeat any thing. I have heretofore faid, to prove that the majority of the community, who must conclude the whole, have not only an indefeasible right, but an indifpenfable obligation and duty to adopt that divine cult or worfhip, dictates of God.

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Right and duty

of individuals

to follow the

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