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A56410 An examination of Dr. Sherlock's book entituled, The case of the allegiance due to sovereign powers, stated and resolved, &c. by James Parkinson ... Parkinson, James, 1653-1722. 1691 (1691) Wing P493; ESTC R14794 32,398 38

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not give some Authority and yet we find that he in the course of his Providence does intrust less than Sovereign Power in the hands of those to whom he gives no Authority As the Power that every Oppressor has is from God but God surely gives him no Authority to oppress IV. But let us suppose now that whoever has Sovereign Power has also Sovereign Authority and must not be resisted and then I will prove that the Sovereign Authority is always in the People for bare Sovereign Power is only Sovereign Force and Sovereign Force is the greatest natural Strength and surely the greatest strength is in the People if the Doctor will allow me that five or six Millions of Men have more strength than one single Man who is seated on the Throne Nay according to this Principle Sovereign Authority can never be any where else but in the People because the People cannot part with their strength nor confer it on the Supream Magistrate it is so their own that they cannot give it away But you 'l say they may promise that they will not use their natural strength otherwise than the Supream Magistrate or than the Law shall direct True but though they promise that they will not use their natural strength otherwise than the Law directs yet still they retain it nor are they upon their making of such a Promise weaker than they were before there being not the least abatement of their natural strength So that if they had Sovereign Power before they made such a Promise it follows that they have it still And therefore if as he says Power be a certain sign to us that where God has plac'd the Power he has given the Authority It is infallibly true that the Authority is in the People and can be no where else because there God has plac'd the Power Hence I observe 1. That the Doctor is really no Friend to crowned Heads for he has unking'd them all he has taken away from them their Sovereign Authority and given it to the People Now suppose that an oppressed People should be sensible that they have the superior Strength and should be so cunning as from thence to conclude with the Doctor that they have God's Authority to deliver themselves from the Yoke of the Oppressor I think according to his Principles he ought to allow they have Authority to free themselves from Oppression because they have Power Supream Power or strength lodg'd in them and God never intrusts Sovereign Power in any Man's or Mens hands to whom he does not give Sovereign Authority Besides it may be consider'd that though when they see an Usurper on the Throne they should with the Doctor conclude it to be God's Will that he should reign for some time longer or shorter as God pleases Yet they are taught by the Doctor That this does not prove it to be God's Will it should be always so And therefore when they find they have strength to resist the Tyrant and can agree together to make use of it they will presently conclude that it is not God's Will that they should be Slaves one Week or Day longer And thus the Doctor 's Tyrant is on a sudden tumbled down from his Royal Throne by that very Argument that he made use of to set him up 2. That the Doctor is fallen out with the University of Oxford who condemn'd this Principle That all Civil Authority is deriv'd originally from the People and if the Fires be still continued there his Book will be in some danger Nay he is all on a sudden fallen out with himself and from being a mighty Assertor of the Prerogatives and Rights of Kings is become a Republican And who can doubt but for the future Lex Rex Vindiciae contra Tyrannos Milton's Defensio populi Anglicani and such-like Books will be in great esteem with him But this is only a slip of the Doctor he still means well to Kings especially if they be such as he sets up Now England behold the King that Doctor Sherlock gives thee he is an absolute Lord and some will call him Tyrant For V. He that is a Sovereign Prince and has God's Authority but no Legal Right is an absolute and unlimited Monarch and consequently such a King as England never yet own'd for it is Law that sets bounds to Regal Power and therefore he that is our King but not by Law is an absolute and unlimited Monarch And I am sure whatever Notions some Men who understand little of our Laws have concerning the boundless Power and uncontroulable Authority of Kings yet the Laws do really bound the Regal Power this the Lawyers teach us This is the Doctrine of Westminster-Hall And I think in a matter of this nature it is more reasonable to take the Judgment of Lawyers than of Divines VI. He that has God's Authority without any Legal Right cannot be limited by Laws For God's Authority cannot be limited by Men and therefore if it be true that he who has no legal Right to govern has God's Authority when he is settled in the Throne then it follows that he has an Authority that cannot be bounded by humane Laws For a Power that God gives none can set bounds to besides God and if he has made no limitations of the Regal Power as 't is plain he has not just as plain as it is that he has said nothing about it then no limitations can be made such a King cannot yield that any limits should be set to God's Authority which he is invested with unless he should have a new Authority from Heaven impowring him to do so And the People cannot set bounds to it neither with nor without his Consent not without the King's Consent for that would be rebelling against God's Vicegerent and trampling on Divine Authority that would be no less than a robbing of God a stealing of God's Authority and the worst of Sacriledges nor can they set bounds to his Power with his Consent for if he cannot part with any of his Power they cannot take it for that would be like receiving of stollen Goods Besides it may be considered that surely God gives a Prince no more of his Authority than is fit and necessary to serve the Ends of Government and therefore he cannot part with any of it or if he should he would not have enough left him to serve the Ends of Government at least he could not be sure that he should have enough unless he were also sure of this that God at first gave him more than enough which he cannot be certain of He may indeed know that he has more than he needs for his present Occasions but he does not know how soon the Scene of Affairs may change and then all God's Authority even the whole Imperial Law may be little enough for him I have as much Zeal and dutiful Affection for their Sacred Majesties King William and Queen Mary as any of my fellow-Subjects and as I