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A42629 The defence of the Parliament of England in the case of James the II, or, A treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the Church of Rome ... : wherein is demonstrated that the Holy Scriptures are so far from being contrary, that they do even assent thereto / written in Latin by P. Georgeson, Kt. ; translated by S. Rand. Georgeson, P., Sir.; Rand, S. 1692 (1692) Wing G533; ESTC R18626 44,763 42

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Nature and Power and theirs God cannot abuse his Power Moreover God's Power over intelligent Creatures freed from sin which freedom is the only liberty os intelligent Creatures is nobler far then the Dominion over Creatures subject to sin which is the perfect bondage of Creatures and that I may speak what I think truly your Court-flatterers do put a base Affront upon Regal Authority and mightily disparage it when they have the confidence to make him pass for a Tyrant not but that Monarchical Power to say the truth hath a certain transcendent superlative Excellency and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above others provided it be tied up and regulated and owned by the Laws which is not our present design to dive into or discuss It will suffice in this place to lay the Foundation and Superstructure of Monarchy or Regal Power and withal to fortifie and defend it by overthrowing of Tyranny and at the same time to demonstrate that those immoderate cyers-●p of Regal Power just like the Gyants of old whilst they aim at building their Tower too high do endeavour its down-fall and to be crusht with its ruins themselves XV. If we allow Absolute Power it must be either jure Divino or jure Humano but it is not by Divine Right since God Deut. 17. maketh an everlasting decree against the unbounded desires of Kings which I suppose will not be much amiss to set down in this place When thou shalt come into the Land which the Lord thy God giveth thee and shalt possess it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that are about me thou shal● in any wise set him King over thee whom the Lord thy God shall choose one from among thy Brethren shalt thou set a King over thee thou may'st not set a Stranger over th●e which is not thy Brother but he shall not multiply Horses to himself nor cause the People to return to Egypt to the end that he should multiply Horses Forasmuch as the Lord hath said ye shall return no more that way neither shall ●e multiply Wives to himself that his Heart turn not away netther shall he greatly multiply to himself Silver and Gold and it shall be when he sitteth upon the Throne of his Kingdom that he shall write him a Copy of this Law in a Book out of that which is before the Priests and Levites and it shall be with him and he shall read therein all the days of his Life that he may learn to fear the Lord his God to keep all the words of this Law and and these Statutes to do them that his Heart be not lifted up above his Brethren and that he turn not a side from the Commandements to the right Hand or to the lest to the end that he may prolong his days in his Kingdom he and his Children in the midst of Israel Psalm 2. 10. Be wise now therefore O ye Kings be instructed O ye Judges of the Earth Nor is R●gal Power by Human Right Absolute neither for the practice and custom of all Nations as we already have plainly demonstrated are point blank against it besides who can think People so mad and senseless that when they may live abundantly more happy under the Government of Kings who are subject and liable to Human Laws than under those who are not regulated by the Laws nor observe them I say are they so simple as to lov● and admire those rather who are found by experience to trample upon Laws XVI Never was there yet any Law either Divine or Human whereby the Abdication of a Tyrant is prohibited if there be extant any such that may seem to speak in their favour those relates particularly to their Life and not to the Administration of their Government On the other Hand the practice of turning out Kings received in all Ages foregoing and confirmed by frequent use doth plainly argue that the publick Safety and Welfare is by all manner of ways possible to be defended and secur'd and that one single Person should not be obeyed at the cost of indangering the whole Nation is a Law I think Nature it self hath enstamped upon the Hearts of all Men whatsoever now where Divine Laws are silent who questions but that Nature may be listened to as a Deity XVII Mothing so much argues the badness and wrongness of the Cause as that the great Assertors are not consistant with themselves and do often shift Scenes change and beg Principles as the Schools call it but these Parasites of Tyrants are not much unlike that in Terence modo aiunt modo negant sometimes they affirm it by and by they deny it sometimes I say they are for having Kings to receive their Power and Authority immediately from God alone sometimes again that indeed they owe it to God but by the help and assistance of the People and that the People did fully and irrecoverably make over and transfer all the right they had to them then again they will pause a while and demur upon the Case ●ometimes they maintain their Ground and speak out without more ado but let them come to a conclusion and speak freely whether they would h●ve the Government depend on God alone or on the good-will and courtesie of the People if they would have it depend on God alone let them produce that Law of God whereby Absolute Power is orda●ned for we can shew them the quite contrary If they acknowledge the Peoples kindness to have any hand in it it doth extreamly behove them to make out this plain and irrevocable transferring the Peoples right upon them which they never will be able to do XVIII Regal Right in all Nations is the self same as to its Rise and Origin if some Nations parted with more then they needed to have done to their Princes that produced from their ill-bred disposition knowing no better or from their want of skill in their own and the Nations Right I will make it clear to the meanest Capacity Regal Power sometimes falls to a ●emale in some Nations not excepting those Nations that are reputed the most barbarous whether it be that the Administration of Government be intrusted with her under the Title of Queen or Queen Regent but now it is nonsense to think that the Power conferr'd upon a Woman by the People is Absolute therefore it doth not stand with reason that it should belong to a King neither indeed doth the Regal Authority suffer any diminution when it is devolved upon a Queen either by the King's death or any other accident whatsoever XIX Those amongst the Papists who do least flatter and sooth Papal Tyranny do assert that the Pope is capable of doing as much in the Church as a King can do in the Kingdom yet notwithstanding they briskly maintain that a General Council is Superlour to a Pope and may depose him at will But the Pandors of the Whore of Babylon who
this Trust and Charge upon them and after they have once acquitted themselves of it they are no longer the Representives of the Person of the Church the Church it self ever remains superiour to the Pope and at such time as she thinks good to lay down the Authority of a Pope she may commit it to the Cardinals but that Regal Power draws its origin from the People if the business needed proving it might be without much ado demonstrated from the very Coronation of the French Kings For after this manner doth the Archbishop speak to him when he anoints him Maintain that State and Dignity in which you are placed to succeed your Father by the Law of Inheritance by divine Providence by our present delivering it to you VIII Besides there was ever a great difference between Subjects and Servants Subjects are always looked upon in the Scripture as Sons and Brethren but Servants are accounted as the vilest and most abject of Mortals now then if you ascribe Absolute Power to Princes this difference and distinction would be quite out of doors because the Power of Lords over Servants cannot be greater then Absolute nay and Subjects would be in a much worse condition then Servants for as much as the Power of Lords over Servants cannot be called Absolute If the Authority of Justinian the Emperour may be of any moment in this matter But at this time saith he it shall not be lawful for any Man whatsoever within our Empire without some cause approved of by the Laws to exercise any unreasonable excessive cruelty upon his Servants for by the order of Antoninus whosoever shall slay his Servant without cause shall have no less punishment inflicted on him then if he had killed another mans but even too great and extraordinary sharpness and austerity of Lords and Masters was restrained by the Order of the aforesaid Prince for Antoninus being consulted by some Governours of Provinces about such Servants who took refuge in the Temple or fled to the Statue of the Prince gave order that if the cruelty of Lords and Masters should appear intollerable that they should be compelled to sell their Servants upon good Conditions and the price to be given to the Masters and all the reason in the World for it is expedient for the Common-wealth that none make ill use of what he hath The words of this Extract sent to Aelius Martianus are these the Power and Authority of Lords over Servants ought to be just and blameless nor ought any Person whatsoever to be defrauded of his right but it mightily concerns Masters to see that redress be not denied to those who shall lawfully require it for hardships hunger thirst or intollerable injury M. Antoninus seems in these Clauses to Counsel and Advice Servants and Subjects to take their parts against Tyrants Wherefore take cognisance of the Complaints of those of the Family of Julius and Sabinus who have fled for Refuge to the Sacred Statue and in case they be either more hardly used and intreated then justice requires or if you shall judge them ignominously wronged and abused venire jube cause them to be sold so that they may never any more fall into their Lords clutches and if he shall prove to act otherwise then becomes a subject and shall not submit to this my Ordinance let him understand that I shall execute the severity of the Law against him for such a default This constitution of the Emperors doth altogether correspond with the Law of God by which it is commanded that if any one shall deprive a Man-servant or a Maid-servant of one Eye yea or but of a Tooth then he shall be forced to grant them their liberty Exod. 21. 26 27. God likewise commands that if any one induced by Poverty shall sell himself he shall not be reckoned as a bond Servant but as an hired Servant and a Sojourner he was to serve till the Year of Jubile and then to depart both he and his Children with him he shall return to the Possession of his Fathers he and his Children for they are my Servants which I brought forth out of the Land of Aegypt they shall not be sold as Bonds-men Thou shalt not rule over them with ●igour but shal● fear thy God You see that for some certain reasons that is to say for cruelty for hunger or upon the account of ins●fferable wrongs that Servants might by Gods appointment and by the Emperors Constitutions which have now the force of Laws be exempted from their Masters commands and injunctions Why may not then Subjects be withdrawn from and dispensed of their duty to Princes unsit to bear sway From the Second Book also of the Fiefs or Feudaries Tit. 26. 5. it appears that the Lord is no less capable to commit an act of Treason against the Vassal than is the Vassal against the Lord which if it shall so happen the Lord loseth all his right over the Vassal no nor is that Power of Fathers over Sons Absolute neither though it be founded upon the Law of Nature for a Son is discharged from the Duty to a Farther that with cruelty and beyond all reason misuseth him or if the Father shall thunder out disinheritance against the Son the Laws shall carefully inquire into the occasions of disinheriting and if it be upon ●light Grounds or unadvisedly done that disinheriting shall be lookt upon as null and of none effect Last of all if all Subjects be but Servants what becomes of Peers withcut whom a King cannot try a Peer but if the King hath need of Peers in passing Sentence by Votes what signifies your Absolute Power truly I am even ashamed of those Persons who professing themselves Christians have a flighter opinion of Humanity then the Heathens have It is taken for granted amongst all the asserters and maintainers of Absolute Power by Barklay Grotius yea and by Salmatius the most daring and boldest of them all that the People did not part with or make over all their right to the Prince as for example they did not transfer all their right of chusing to himself a Successor in case the whole Royal Family be extinct Salmatius himself agrees with us in this matter Where the Seed of the Royal Line saith he in hereditary Kingdoms is quite extinct in such case the Power returns to the People to whom it may be lawful afterwards to confer the like Government upon another Person or change it into another form neither did the People grant to the King the right of Allienating the Crown or making it belong to anothers Dominion and that for the publick Good and Advantage for fear least some Stranger or other unfit Person should be set over the People Charles the VI. is a pregnant example of this who at such time as he abandoned Charles the VII his Son and declared and appointed Henry King of England his Son-in-Law Heir to the Crown this disowning and grant was