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B20451 Justice vindicated from the false fucus [i.e. focus] put upon it, by [brace] Thomas White gent., Mr. Thomas Hobbs, and Hugo Grotius as also elements of power & subjection, wherein is demonstrated the cause of all humane, Christian, and legal society : and as a previous introduction to these, is shewed, the method by which men must necessarily attain arts & sciences / by Roger Coke.; Reports. Part 10. French Coke, Roger, fl. 1696. 1660 (1660) Wing C4979 450,561 399

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Realm in Treason against the King and Queen and the indictment concluded contra ligeantiae suae debitum For he owed the King a Local Obedience but if he have issue here that issue is a Natural born Subject and it is not caelum nec solum neither clymate nor soyle but Ligeantia which makes a natural Subject and therefore if Enemies possess any fort c. the issue borne there is no Subject of the Kings by as much reason those Subjects borne after Conquest by any King of England are his Natural Subjects 6. Legal Ligeance is when at suit of the King the Subject takes the Oath of Ligeance to the King which is You shall sweare that from this day ●igeantia Le●●●●s tit 4. ●●g 6. 7. forward you shall be true and faithful to our Soveraign the Lord King Charles his Heirs and truth and faith shall beare of life and member and Terrene honor and you shall neither know nor heare of any ill or damage intended unto him that you shall not defend so help you Almighty God The substance and effect hereof is due by the Law of Nature ex institutione natura the form and addition of the Oath is ex previsione hominis In this Oath five things are observed 1. For the time it is indefinite and without limit from this day forward Five observable things in the Oath of Ligeance 2. Two excellent things are required that is to be true and faithful 3. To whom To our Soveraign Lord the King and his heirs 4. In what manner And faith and troth shall bear c. of life and member that is until the letting out of the last drop of our dearest blood 5. Where and in what places ought these things to be done In all places whatsoever for You shall neither know nor hear of any ill or damage c. that you shall not defend c. So as Natural Ligeance is not circumscribed within any place 7. Subjection as well as Regality being by the Law of Nature Quae The consequent upon Subjects endeavoring to dissolve their subjection Deus conjunxit nemo separet And let no man or men ever think to mend what God hath made For besides the innocent blood which will be shed besides the rapine plunder sacrilegious profaning of all sacred things in the mending if God in his judgments doth permit seditious men to prosper in their wickedness so as they suppose they have attained their Ends yet their Ends never end in peace among themselves For abstracting from the general fear common to them all of the right Heirs recovering his right it cannot be expected that all Competitors will be pleased some will think others too great none will think themselves great enough They themselves have made a president to evade all subjection and obedience to Laws and Government by pretending Liberty and Reformation So that after so much bloodshed what can be expected but the shedding of more without ever hoping to have an end Well therefore says Sir Edward Coke Inst 3. p. 36. Peruse over all our Books Records and Histories and you shall find a principle in Law a rule in Reason and a trial in Experience That Treason does ever produce fatal and final destruction to the Offender and never attaineth to the desired end two incidents inseparable thereunto And therefore let all men abandon it as the most poisonous bait of the Devil of Hell and follow the precept of holy Scripture Fear God honor the King and meddle not with the seditious But it may be objected That though Subjects Allegiance be natural Object 1 or due by the Law of Nature yet since there cannot be any visible power under Heaven which can judge between an Usurper and rightful Prince what rule have Subjects to direct them to whom they owe their subjection or obedience Sol. It is true there is no visible Power under Heaven which can judge between an Usurper and rightful Prince but the Consciences of men Yet being natural a man may as well ask how a man shall know whether every Being be of less excellency then the Cause of its being or that things equal to a third are equal to one another I am confident that where the confusion was not made by Popular rage and usurpation since the begining of the world God did scarce ever leave men so destitute but they were morally certain to whom they did owe their Topical and Natural obedience But if Regal power be the Ordinance of God and Primogeniture be Object 2 preferred by the Law of Nature then can there be but one rightful King in all the world and he the first-born from Adam which no man can believe Answ I answer That though Primogeniture be preferred by the Law of Nature and immutable by the will of Man yet is not God subject thereunto but before the Flood he rejected Cain though the first-born of Adam and made him a Vagabond and none of the Patriarchs So in the first age after the Flood God subjected Canaan although the son of Ham Japhets elder brother to Japhet And so did God prefer Jacob before Esau and Gen. 9. 27. Ephraim before Manasses and Solomon before Adonijah Yet where and when God did not reveal himself to Man otherwise was ever Primogeniture preferred Nor can it in reason be expected that God should be so cruel a Taskmaster to require subjection upon penalty of Damnation if it were not evident to whom this subjection were due It is sufficient that Subjects pay their obedience to him against whose title no just or superior title can be taken Yet is not this subjection always to be understood of active subjection For no man is bound Government being intended for mans preservation not destruction actually so to submit to rightful Governors that he be morally certain of destruction therefore Yet ought every man rather to suffer death then actually to renounce or resist rightful Governors to whom by the Law of Nature they owe obedience Quaere 8. But suppose there be such a succession from an Usurper that not only the Heir to the Usurper but all men in his Government were born Subjects to him and his Ancestors from whom he is descended as in the time of Henry 6. when all men were born either in subjection to him his Father or Grandfather who had no colour or title to the Crown whether in such case may Subjects so born assist such a Prince against the right Heir I say I pray God avert the like from ever being again in the English Nation 'T is true the right Heir hath a just title of war against such a Prince but whether Subjects so born their being so born being no act of their will but was caused by a higher cause viz. the will of God may actually assist him to whom they were so born in subjection against him who hath the superior title I leave to God and mens consciences 9. But this Quaere can only
the Scots no whit edified by his concessions the next year upon no cause given by the King they not only arm but enter the Nation in open hostility from his granting them their concessions the English Faction urge his granting all things how dishonourable soever even to the shedding of humane blood nor would they have stayed there had not the Kings utmost necessities put him upon other resolutions of seeking his preservation otherwaies then by granting all the exercise of the Militia and Regalities to those men who made so bad use of his precedent benefits and favours Machivel in the 26. chap. lib. 1. de repub advises every new Prince that The Kings cause was most prudent as well as just unjustly possesses the City or Region of another that by how much he understands himself more weak to conserve his Empire either by lawfull ruling or by instituting a free Common-wealth by so much the more he intends this only that as he is a new Prince so in his Principality he does innovate all things that he create new Magistrates marked by new names and to them he choose new men that he distribute the goods of the rich to poor men and make them rich And as it is reported of King David so it may be said of him He hath filled the hungry with good things and the rich he hath sent empty away c. and the reason he gives is that no man in his Region that holds any thing but must confesse he obtained it of the Prince But if he be so great at policy in Princes who unjustly possesse anothers right to innovate all things then in reason besides the justness of it there can be no greater prudence in Princes who reign by inherent birth-right and to the wrong and prejudice of no man to rule and govern by the old received and established Lawes of the Nation to innovate nothing where there is no apparent necessity neither in Church or State in Lawes or Religion yet who hath not seen the most Saintlike and Glorious Monarch of the Western World whose right was derived from innumerable ancestors nor was there upon the face of the earth any one that could make any colourable pretence of right to his Crown prosecuted arraigned condemned and executed by his own naturall Subjects and his Queen and Posterity banished for no other reason but because he did endeavour to have governed and protected them by the known and established Lawes of the Nation So little avails the skilfulness of the Pilot how good great or just soever if the wind of divine favour wherewith eternall providence governs mortall affaires help not to bring our actions to their desired Port Sir Edward Coke in the Pleas of the Crown Cap. Petty Treason prop. sin A short view upon the 3. Nations since they cast off their obedience observes that in perusall of all books Histories and Records it was never found that Treason did ever attain the desired end but did alwayes prove fatall destructive to the undertakers Let any man but see Gods judgments upon the Kirkmen of Scotland and the Roman Catholicks of Ireland if they be not either vagabonds abroad or the most miserable slaves in the world at home for although it so pleased the divine providence that their iniquities prevailed against the King yet did the divine vengeance overtake them by a third faction so new contemptible and obscure that it was not only in their undertaking not feared but in the beginning never heard of in the world It is true indeed the English Presbyterians who had most basely accepted a canting thing called the Covenant from the Kirkmen of Scotland and as injuriously imposed it upon their fellow Subjects have not been so highly chastised in the generall by them as they in Scotland the Roman Catholicks in Ireland have yet were they so far from attaining their ends that since all this Nation abounded with factions that was the most hated and despised by all other Nor were the other Factions much more reconciled and true to one another then to the Presbyterians for the Army commanded by Oliver Cromwell turned out the Rump of the Long Parliament which headed the Independent party and after Cromwells death the Army receives the Rump and displaces his posterity and surely in this world is not to be found in any family so many and so great distractions and dissentions as were in the late Protectors nor did the Rump of the late Long Parliament maintain their long fought for and new restored Dominions but were rejected by those creatures that did restore them with very small hopes of ever attaining to it again Yet did the Rump after reassume their supremacy and proceeded as high and arrogantly as if they had never done wrong but suffered all injustice and wrong by their interruption when not only the Treasure of this Nation was exhausted and all Crown Church and Delinquents Lands and Compositions converted and consumed but the whole traffique of the Nation interrupted and destroyed And if it were so dangerous a thing to a Nation for one Faction to be formidable in Church or State how dangerous was it where there is no visible Church and nothing but Factions in all the State Although man by nature be a sociable creature and men do and ever did since there were any records of time live in society by right or usurpation to something superior to either the Fathers or Masters Power yet since the exercise of all power is politique humane or voluntary and therefore divers Princes govern by divers Lawes as they sort with the natures and dispositions of their Subjects and not only so but all Princes govern their own Subjects by differing Lawes according to their site and nature of their Subjects for it were a most unreasonable thing that the same Lawes should be imposed upon Mediterrane places where are observed in Maritime or that the Laws and Usages of the City of London should be required to be observed in every Country Village c. And since that some Nations doe almost without contradiction upon all occasions obey the Lawes of their Princes with out dispute as the Muscovites Armenians Persian Indians c. others scarce ever unlesse they be governed by their ancient received Laws ordinarily in extraordinary cases by Laws passed in some publick Assemblies as the Germans Swedes Polanders and Danes others are governed peaceably by their ancient received Laws in the usuall administration of Justice and in extraordinary cases doe admit of new ones having them rarely passed in publick Conventions such are the Italians Spaniards and French and this doth not proceed from any abject baseness or meanness of spirit for in the world are no where found men more generous and valiant And some are rarely governed long in peace although governed by old Lawes ordinarily and the consent of the major part of the Freeholders as they conceive by their representatives in passing new ones as