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after confider the fubmiffion and respect 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 conftitution 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 reason and deliberation, or himself immediately gave it to those particular perfons." And thus clearly are to be understood those words of our bleffed Redeemer to Pilate, "Thou wouldst

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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

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one quotation from fcripture, that both parties 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 fcriptures tempt to prove or confirm my reasoning by rendered pliant the application of paffages from the holy

to the fenfe of

every inter

preter.

Soare many political writers.

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 Genefis to the end of the Revelations, which has not been tortured by the fupporters of the oppofite parties into contrary meanings.

The liberty, with which the ecclefiaftical and theological writers upon this controverfy have accommodated the authority of the fcriptures to their respective doctrines, has been closely 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 support 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 opposite purposes; but I feel it an indifpenfible duty to endeavour to affix a determined meaning to those civil authorities, which affect the question under our confide

ration.

The king to be ther in his na

confidered as ei

tural or in his

political capa

The king (or queen) * of this realm, in whom the conftitution places the fupreme executive power, is to be confidered either in the natural capacity of a human indivi- city. dual, 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 false, 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 human appoint- · ment, with the words of St. Paul, ftyling magiftrates the ordinance of God.

* Whenever I shall in future speak generally of the king, I beg also to be understood of a queen regnant, fuch as were Mary, Elizabeth, and Anne.

The

The king is a corporation in his political ca. pacity.

The king, in his political capacity, is à corporation fole: now" corporations fole confift 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 neceffary forms of invefting a series of individuals, one after another, with the same 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 those, who are his heirs in his natural capacity; are called his fucceffors in his political capacity; for a corpcration can have no heirs, as nemo eft heres viventis, and a corporation never dies.

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

CHAP.

CHA P. X.

OF THE SUPREME HEAD OF THE CHURCH

OF ENGLAND.

What ecclefi

Shall follow the common order of affociating our ideas of church and state, by firft confidering the king as fupreme head of the church of England. Now, although in this difcuffion I fhall rather confider, what the constitution now is, than what it heretofore was; yet, as whatever ecclefiaftical fupremacy aftical fupreover the church of England is now vefted the king. 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 some refearches into the origin and establishment of Spiritual or ecclefiaftical power in this country. I will prefume it useless 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 worship, 7

which

Right and duty of individuals

to follow the

dictates of God.

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