Selected quad for the lemma: book_n
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B06596
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Sherlock against Sherlock. The master of the temple's reasons for his late taking the oath to their Majesties, answered, / by the rector of St. George Botolph-Lane. With modest remarks on the doctors celebrated notions of allegiance to soveraign powers.
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Wagstaffe, Thomas, 1645-1712.
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1691
(1691)
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Wing W216A; ESTC R186142
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12,557
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24
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a very good account of it by the 28. H. 8. cap. 5. Fourthly We must not defend our selves when we are Persecuted to Death for our Religion contrary to the Laws of England because we must not defend our selves when we are thus persecuted contrary to the Laws of God and Nature which are as Sacred and inviolable as the Laws of our Country Case of Alleg p 200. Answer I grant that the Laws God and Nature are more sacred and Inviolable than the Laws of our Country but they give us no Civil Rights and Liberties as the Laws of England have done Every Leige Subject of England has a legal Property in his Life Liberty and Estate in the free Exercise of the Protestant Religion established amongst us and a legal Possession may be legally defended Now the Laws of England in Queen Mary's Time were against the Protestants and stript them of this unvaluable Blessing and therefore tho' they chose rather to observe the Laws of God and Nature than those of their Country which at that time violated both the other yet withal they submitted to the Laws of their Country which alone 〈◊〉 and take away all legal Rights and Titles and when all is said are 〈◊〉 only Measures of Civil Obedience Fifthly Men must not defend their Lives against a lawless 〈◊〉 Persecution when they are Condemned by no Law becauâ—â— the 〈◊〉 defend their Lives when they are Condemned by a Wicked Persecuting Popish Law For such lawless Persecution has as much Authority as such a Wicked Persecuting Law pag. 202. This is manifestly false For a lawless Popish Persecution has no Authority at all but has all the Authority of Heaven and Earth against it whereas a wicked Popish Persecuting Law tho' as it is wicked it cannot Command our Obedience yet as it is a Law it may dispose of our Civil Rights If Queen Mary's Laws were no Laws because they were wicked Persecuting Laws why were they Repealed why were they not declared to be null from the beginning Sixthly That Non Resistance of Illegal Violence is the best way to secure the publick Peace and Tranquility and the best way for every Man 's private Defence for self-defence may involve many others in Blood and besides exposes a Man's self pag. 205 206. That is to say when the publick Peace is violated in an high manner the best way to secure is quietly to suffer it still to be broken farther a Man's best defence is to Die patiently for fear of being Killed And when 〈◊〉 are broke loose the only way to prevent the effusion of more Christian Blood is to let them alone Now in opposition to this Doctrine I shall only remember the Doctor That if there had not been a Defence made against the Irish Cut-Throats in Forty One though they had the Impudence to pretend the King's Commission there had hardly been Protestant left but the Prestilent Northern Heresie had been throughâ—â— extirpated in that Kingdom Seventhly Another Reason is Because Non Resistance is certainly the best way to prevent the change of a Limited into an Absolute Monarchy pag. 212. Now this is so far from being true that on the other hand absolute Non Resistance even of the most illegal Violence 〈◊〉 actually change the Government and sets up an Absolute and Arbitrary Power in the shortest way and by the surer side For a Prince whom the Laws themselves have made Absolute has thereby no more than a Right and Title to an Absolute Subjection but Non Resistance puts him into the actual Possession of it The Doctor himself has made this 〈◊〉 beyond all contradiction for he says That Non-Resistance is as perfect Subjection as can be paid to Soveraign Princes pag. 44. and 11â— he calls it The only perfect and absolute Subjection we owe to Princes Now the most perfect and absolute Subjection that can be paid erects the most absolute Government that can be devised For these words are of Eternal Truth which we read in pag. 64. of this Book For Authority and Subjection are Correlates they have mutual respect to each other and therefore they must stand and fall together There is no Authority where there is no Subjection due and there is no Subjection due where there is no Authority And is not this as bright and as evident a Truth There is no absolute Authority where there is no absolute Subjection due and there can be no absolute Subjection due where there is no absolute Authority I shall now produce some Reasons to prove the Lawfulness of Defending our selves against Illegal Violence which is a Truth so obvious and so agreeable to the common sense of Mankind that even those Men who set themselves to oppose it do often times assert it unawares and gave unanswerable Reasons for it I shall therefore first set down those Concessions which the force of Truth hath Extorted from the Doctor and secondly add some other Arguments to them First No Man wants Authority to defend his Life against him who has no Authority to take it way pag. 69. But no Man whatsoever has any just and legal Authority that is any Authority at all to take it away contrary to Law pag. 191. And from these premises it is easie for any Man to infer the Conclusion Secondly He that Resists the Vsurpations of Men does not Resist the Ordinance of God which alone is forbidden to be Resisted But Acts of Arbitrary and Illegal Violence are the Vsurpations of Men. These again are the Doctors Doctrines the former pag. 128. the other pag 211 212. he acknowledges that the assuming of an Absolute and Arbitrary Power in this Kingdom would be Usurpation though he says at the same time That no Prince in this Kingdom ever Vsurped such a Power which is notoriously false for Richard the Second by Name did not to mention any other Thirdly The Doctor pag 126. has these words Every Man has the Right of Self-Preservation as intiâ—e under Civil Government as he had in a State of Nature Vnder what Government soever I live I may still kill another Man when I have no other way to preserve my life from unjust Violence by private Hands Now the Hands of Subordinate Magistrates Imploy'd in Acts of Illegal Violence are private Hands and Armed with no manner of Authority at all of which this is a most convincing Proof That they may be Hanged by Law for such Acts which no Man can or ought to Suffer for what he doth by Authority They are no Officers at all in such Acts for Illegal Violence is no part of their Office Now after the Doctor has answered his own Arguments I shall desire him to do as much for these which follow First No Man can Authorize himself But in Acts of Illegal Violence if a Subordinate Magistrate have any Authority at all he must Authorize himself For it is a contradiction to say The Law Authorize him to do an Illegal Act as the Doctor well observes pag. 195. And it is false to say That the King who can do no wrong can Authorize another to do it In the great Conference of the Lords and Commons 3 Caroli concerning the Contents of the Petition of Right the Law was held to be That if the King Command a Man to do Injury to another the Command is void and the Actor of it Author and the Actor becomes the Wrong doer that is he Acts of his own Head and Authorizes himself Secondly The Illegal Violence of Subordinate Magistrates cannot be more Irresistible only by being more Criminal than it is in other Men for that would be to make a Mans Crime to be his Protection 〈◊〉 Illegal Violence done by subordinate Magistrates is not only as inauthoritative as if it were committed by private Persons but likewise more Criminal as being done with a face and colour of Authority and under pretence of Law making that partaker of their Crime violatiâ—â— and blemshing the Law at once FINIS