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any thing which subjects may not perform, because it is against the Laws of God, or of Nature, or impossible; yet Subjects are bound to undergo the punishment, without either resisting, or railing, or reviling, and are to yield a Passive Obedience where they cannot exhibit an Active one, ... but in all others he is bound to active obedience."[73] [Footnote 73: Cited in Franklyn, 208; 1 Rushworth, 422, 436, 444.] Mainwaring went further, and in two famous sermons--preached, one on the 4th of July, 1628, the other on the 29th of the same month--declared that "the King is not bound to observe the Laws of the Realm concerning the Subject's Rights and Liberties, but that his _Royal will and Command_, in imposing Loans, and Taxes, without consent of Parliament, _doth oblige the subject's conscience upon pain of eternal damnation_. That those who refused to pay this Loan offended against the Law of God and the King's Supreme Authority, and became guilty of Impiety, Disloyalty, and Rebellion. And that the authority of Parliament is not necessary for the raising of Aid and Subsidies; and that the slow proceedings of such great Assemblies were not fitted for the Supply of the State's urgent necessities, but would rather produce sundry impediments to the just designs of Princes." "_That Kings partake of omnipotence with God._"[74] [Footnote 74: Franklyn, 208, 592. These two Sermons were published in a volume with the title "Religion and Allegiance."... "Published by his Majesty's special command." (London, 1628.) Prof. Stuart seems inspired by this title in giving a name to his remarkable publication--written with the same spirit as Dr. Mainwaring's--"Conscience and the Constitution." (Andover, 1851.) See 3 St. Tr. 335; 1 Rushworth, 422, 436, 585, _et al._; 1 Hallam, 307; 2 Parl. Hist. 388, 410.] The nation was enraged. Mainwaring was brought before Parliament, punished with fine and imprisonment and temporary suspension from office and perpetual disability for ecclesiastical preferment. But the King who ordered the publication of the sermons, and who doubtless had induced him to preach them, immediately made him Rector of Stamford Parish, soon appointed him Dean of Worcester, and finally in 1645 made him Bishop of St. David's. A few years ago such clerical apostasy would seem astonishing to an American. But now, Gentlemen of the Jury, so rapid has been the downfall of public virtue, that men filling the pulpits once grac
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