him They cannot unless Treaties are more Sacred then Laws Or can they rely upon his Oath But they see he hath broken it And therefore they have reason to Judge that either he makes no Conscience of an Oath or he thinks Faith is not to be kept with Hereticks or he hath a Superior that can dispense with him or that will absolve him from the guilt of Perjury in such Cases where Religion is concern'd In short they are sure of his Will to destroy them and cannot be sure of his Oath to the contrary Wherein then can they be safe But in his Want of Power to do them hurt But he will not want Power if they let him go on for he is getting it as fast as he can He is now strengthning himself by those ways that he takes to be absolute Lord of his own People And he is now weakning Them by oppressing all those among his People whom he knows to be their Friends and Well-wishers He doth both these things together He daily lessens their Party and makes them as many more Enemies as he gains Men over to his Religion And if that be such a Religion as pretends to a Right of destroying Men of other Religions knowing this they know what they are to expect When this pretended Right is armed with Power it will certainly fall upon them So that they must begin before he is ready for them or else it will be too late to do any thing for their own Preservation But as it is necessary for them to do this for themselves so they ought to do it much the rather for the Sakes of their oppressed Brethren That by a timely asserting of their own Right they may also deliver them from the Evils they suffer at present and save them from that Destruction which is coming upon them As it was Just and Necessary on those former Accounts so this makes it a Pious Cause and therefore the more Worthy of a true Christian Prince It has been judg'd so by them whose Names we have in great Veneration We have the Examples of our own Princes here in England in the best of Times since the Reformation These the Reader may find collected to his Hand in an excellent Book that hath been lately published But this may as well be shewn in the Examples of them whom our Princes chose to follow as their Patterns namely of the Christians in Primitive times and especially at the time of the first Nicene Council In these times we find that Constantine and Licinius having shar'd the Roman Empire between them had pass'd a Decree together at Milan for Christianity to be the establish'd Religion And when afterward Licinius in his part of the Empire would have oppress'd it contrary to Law for that cause Constantine the Great made War upon him and in prosecution of that War thrust him out of his Empire For which he was so far from being blamed by any Christian in those times even by those that had been Licinius's Subjects as most of those Bishops were that sate in the Nicene Council that they all gave him the highest Praises and Encomiums and Blessed God that had sent them that happy Deliverance by his means Eusebius was Licinius's Subject and he afterwards writ the Life of Constantine the Great in which they that please may read whole Chapters to this purpose § 41. As that is a Just War which is made upon Just and sufficient Cause so the Effect of such a War being a Conquest is Just which is the Fourth thing we are to consider Conquest being the way by which a Kingdom or Dominion is taken from a Sovereign Prince against his Will and by which another Prince gets it into his Possession as often as this happens there arises a Question between the two Princes whether of them hath a Right to that Kingdom or Dominion For the deciding of this Question it must be by such a Law as is common to both the Parties whose Rights are to be judg'd by it That cannot be the Law of the Kingdom for though the Prince that is disseiz'd was obliged by that Law while he was in Possession yet now it seems he is not and it never was a Law to the Prince that is now in his place It must therefore be a Superior Law such as is common to all Sovereign Princes in their Affairs with one another and that as hath been already shewn is ordinarily the Law of Nations I say Ordinarily because there is yet a Superior Law namely the Law of God whether written in our Hearts which we commonly call the Law of Nature or whether an express Revelation from God such as was sometimes given to Men in ancient Times either of these may derogate from the Law of Nations For this being made up of Customs observ'd by Princes and States among themselves is always subject to the will of him that is Lord of Lords and King of Kings But whether or how far this may alter the case will be considered afterwards at present we are only to consider what Judgment can be made of it according to the Law of Nations § 42. By this it seems to be plain that the Right should go along with the compleat Possession So as that wheresoever this is once settled whether by length of time or even sooner by a general Consent of the People there it ought to be presum'd there is a Right at least there ought to be no farther Dispute of it There seems to be the same Reason for this that there is for the Law of Nations it self for if that Law was ordain'd for the Peace of Mankind this quieting of Possession must be a part of it for there can be no end of Wars otherwise Accordingly we see in a Dispute between Gods Ancient People the Jews and the Heathen Nations about them when they differ'd about a Title to Land it was agreed that whatsoever Conquest they had made on either side they should hold it as being given them by their God This appears by Jephtha's Speech to the King of Ammon that had Chemosh for his God Wilt not thou possess that which Chemosh thy God giveth thee to possess So whomsoever the Lord our God shall drive out from before us them will we possess That 's a plain Evidence so far as it goes But that is only for part of a Country But we have as great Proof that God gives even Kingdoms in this manner Dan. II. 21. There Daniel having receiv'd a full Account from God of a Vision which King Nebuchadnezzar had seen and forgot when he saw what it was that it contain'd the Fates of Empires that were to grow up successively in the World he adores the Majesty of God with an humble Confession of his Prerogative in these words It is He that changes the Times and the Seasons It is He that removes Kings and sets up Kings Both these ways of Expression
A DISCOURSE of God's ways of DISPOSING OF KINGDOMS By the Bishop of S. ASAPH Lord Almoner to THEIR MAJESTIES A DISCOURSE of God's ways of DISPOSING OF KINGDOMS PART I. By the Bishop of S. ASAPH Lord Almoner to THEIR MAJESTIES King Charles I. Works p. 711. in his Letter to his Son With God I would have you begin and end who is King of Kings the Soverain disposer of the Kingdoms of the World who putteth down one and setteth up another Publish'd by Authority LONDON Printed by H. Hills for Thomas Jones at the White-Horse without Temple-Bar 1691. TO THE READER HAVING had the honor to preach before their Majesties on the fift day of November last and afterward to be commanded by Them to print my Sermon which contain'd many things concerning the late Revolution I humbly crav'd leave to put my thoughts into another form wherein I might not only say those things more at large but also prove what I had said in that Sermon knowing I could do it by such Authorities as would be sufficient to clear me from that charge of Singularity or Novelty which hath been too liberally thrown upon others that have preach'd or written on that subject I know I am not better then my Brethren that have been thus us'd and therefore I expect to be treated no better then they have been But I think I have taken a Course to prevent the bringing of any charge against me on that head It will appear that I have deliver'd no other Doctrin then that which has been receiv'd and past for current in the Church of England ever since the Reformation And I hope it will be some service to that excellent Church to shew that what some have reported of her Doctrins hath had no other ground but the mistakes of some of her Sons who tho excellent men and such as our Church may justly glory of upon other accounts yet I must needs say have judg'd too hastily of this matter and seem to be too jealous of themselves for fear some wordly consideration should strike in with those second thoughts that would make them judge otherwise We are not to answer for the private Opinions of all that are or have been of our Communion But God be prais'd we may safely stand by the Doctrins of our Church and the most approv'd Writers thereof They are those that I have endeavour'd to set forth in this following Discourse While we adhere to them it will be for the honor of our Church that as it hath been always accounted the Bulwark of the Protestant Religion and prov'd it self to be so most eminently in the last Reign so it will appear to be the only unshaken strength of this Monarchy especially by the encouragment it hath now under their Majesties Government which I beseech God long to continue to his Glory and the peace and prosperity of these Kingdoms THE CONTENTS OF CHAPTER I. 1. THE Occasion of Psalm LXXV pag. 1. 2. The Scope of the Words vers 6 7. 1. 3. I. That Power is from God 2. 4. II. That he gives it Judicially 3. 5. The Heads of the following Discourse 4. 6. Of the Institution of Government 5. 7. Of the several sorts of it 6. I. Of God's Conferring it on Persons 1st Immediately 8. I. In the Patriarchical times 7. 9. 2. In the Jewish Theocracy 9. 10. 3. In their hereditary Kingdom 9. 11. 2dly Mediately by the Peoples consent 10. 12. 1st On Account of Merit 11. Thus especially on Founders of Nations 11. 13. On first Planters 12. 14. On Restorers and Deliverers 12. 15. 2dly On Account of Favour 14. 16. In the first Elections of Kings pag. 14. 21. In the hereditary Successions from them 15. 22. In Elective Kingdoms 16. 23. In Free States 16. 24. II. Of God's Transferring it from one to another 17. 25. That this is the Act of God 18. 26. By giving one a Conquest over the other 19. 27. That God doth this Judicially 21. 28. I. By way of Judgment on King or People 21. 29. Particularly on Kings 23. 29. For neglect of Government 23. 30. For Oppressing their People 24. 31. This is Just and necessary 25. 32. II. By way of Justice for 27. 33. 1. War is an Appeal to God 28. 34. 2. It is proper to Kings 29. 35. 3. 'T is lawful when they have Just Cause 33. 36. Great danger makes it Necessary 34. 37. Especially when also Religion is concern'd 37. 38. When Religion is opprest in another Kingdom 39. 39. Example of this in Queen Elizabeth's time 42. 40. Especially where it is settl'd by Law 45. 41. 4. Such a Cause makes a Just Conquest 49. 42. And that Conquest gives Right 50. 43. Doubted when the Cause is certainly unjust 55. 44. No doubt when the Cause is certainly Just. 58. 45. A doubtful Cause is enough for the Prince in Possession 59. 46. The People◠ought to be satisfi'd with this 61. 47. But much more when they see a certain Just Cause 33. 48. When the Cause is for their sake it is to them not a Conquest but a Deliverance 66. A DISCOURSE of God's ways of DISPOSING OF KINGDOMS Psalm LXXV verses 6 7. For Promotion cometh neither from the East nor from the West nor from the South But God is the Judge He putteth down one and setteth up another § 1. THIS Psalm was compos'd by David as I take it considering the State of Affairs that was immediatly after Saul's death When as it is here ver 3. the Land and the Inhabiters thereof were dissolv'd and even ready to fall but that David bore up the Pillars of it § 2. Then being in the nearest prospect of the Kingdom he called to remembrance what he had formerly said what warnings he had given to those Fools and wicked men that laid about them in Saul's time as if there would be no end of it I said to the fools deal not so foolishly and to the wicked lift not up your horn Do not bear your selves so high as it seems they did on that unhappy King's Favor Do not boast your selves of the power you have to do mischief That 's the common use of Power when it comes in the hands of Fools and wicked men § 3. To teach them better David shews whence it is that Power comes into Mens hands and upon what terms they are to hold it These two things the Psalmist shews in the words of this Text. First for the true Original of Power This in David's time all men took to be from Heaven but from whom there many knew not The Eastern Nations who were generally given to Astrology took it to come from their Stars and especially from the Sun which was the chief Object of their Worship The Psalmist tells them No. Promotion cometh not that way Neither from the Planet's rising nor setting nor from its exaltation in mid-Heaven That 's the meaning of the words from the East nor from the West
the Government and to make themselves Lords of it and therein to execute God's Judgment on that wicked Prince or Nation This was Saul's Case on which this Psalm seems to have been made He had driven out David the Terror of the Philistines and put the Priests to death for relieving him for which Injustice and Cruelty together with his other Sins God brought in the Philistines upon him and made him feel the want of those brave Men that he had driven away for in the day of Battel he had none to stand by him and so he lost both his Kingdom and his Life S. 29. So it commonly happens to those Kings that living in a setled Kingdom will not govern according to the Laws thereof It is a breach of Faith not only to their people but to God also where they are sworn to the observing of Laws And though they are not therefore to be deposed by the people yet they cannot escape the vengeance of God who ordinarily punishes them with the natural effects of their Sin S. 30. Thus in the Case of not execution of Laws especially those that are a check upon Irreligion and Immorality the very neglect of the due administration of Justice though it seems to be nothing at present yet in time it will destroy the Government It bringeth the people into a Contempt of Authority and they are not much to be blamed for it for what are they the better for such a Government It lets them loose to all manner of Sins many of which are destructive to Society and all expose them to the wrath of God Both these ways they are disposed for Rebellion at home and so enfeebled withal that they cannot withstand a Foreign Enemy In this corrupt and weak Estate of a Government it is almost impossible that there should not be an Alteration S. 31. On the other hand if a Prince will have no Law but his Will if he tramples and oppresseth his people their patience will not hold out always they will at one time or other shew themselves to be but Men. At least they will have no heart to fight for their Oppressor So that if a Foreign Enemy breaks in upon him he is gone without remedy unless God interpose But how can that be when God is Judge himself Should the Judge hinder the doing of Justice It is God's Work that Foreigner comes to do Howbeit he meaneth not so He means nothing perhaps but the satisfying of his own Lust. But though he knoweth it not he is sent in God's Message for which all things being prepared by natural Causes and God not hindering his own Work but rather hastening it no wonder that it succeeds and that oftentimes very easily S. 32. If there seems in all this to be any hard measure put upon Kings it ought to be consider'd how much harder it would be upon the People if it were otherwise When it happens as it doth sometimes and that especially for the Sins of a Nation that they come to be under weak or wicked Kings even these they must not resist God hath taught them otherwise What then Must they be left to the Wills of these Tyrants Or of them that govern weak Kings which is commonly worse Must they endure all the load of Oppression that these will lay upon them that is for a few Mens pleasure must a Nation be made miserable This is far from God's design in the Institution of Government He makes Kings his Ministers for the good of their People If any will take that Office upon them they must behave themselves accordingly Otherwise if they take it as given them only for themselves it is such a breach of Trust that God cannot but punish them for it But how should he do this so as that the punishment may have its effect in warning others not to transgress in like manner He cannot do this better than by making Men his Instruments in it And therefore it is that God though he has infinite ways yet commonly chuses to employ Men in this Service He either finds them at home that are not afraid of the Power as they ought to be or he brings them in from Foreign Countries Whistling for the Fly out of Egypt or the Bee out of the Land of Assyria In plain words stirring up a Pharaoh or a Nebuchadnezzar against them God may employ such if he will though none is too good for this work to execute his righteous Judgments And when God doth his work by their hands whatsoever the Instruments may be the Cause being so Just and so evident as we have supposed All Men that see it will say Doubtless there is a God that judges on the Earth S. 33. In the way of Justice God acts as a Judge between two Soveraign Powers when they bring their Causes before him that is when they make War upon one another And when he seeth his time that is when he finds the Cause ripe for Judgment if it proceeds so far then he gives Sentence for him that is injur'd against him that hath done the Injury The effect of this Sentence is a just Conquest and that is the other way in which God proceeding Judicially puts down one and sets up another That this may be the better understood there are four things to be consider'd particularly First That War is an Appeal to the Justice of God Secondly That none can be Parties to this but they that are in Sovereign Power Thirdly That to make it a just War there must be a just and sufficient Cause Fourthly That Conquest in such a War is a decisive Judgment of God and gives one a Right to the Dominions that he has conquer'd from the other S. 34. That War is an Appeal to God this appears in the nature of the thing For it is the Act of two Parties that differ about their Right And they put it upon such an issue as none but God can give For both agree in effect that the Right shall be adjudg'd to him that has the Victory And it is God alone that is the Giver of Victory Therefore the Judgment of God has been solemnly appeal'd to by Nations when they were engaging in War We see a notable Instance of this in the History of Jephtha When his Country was invaded by the Ammonites he stood up to defend it with this express Declaration to their King I have not sinned against thee But thou dost me wrong to war against me The Lord the Judge be Judge this day between the Children of Israel and the Children of Ammon The like Declarations are frequent in the ancient Roman History S. 35. The Parties to this Appeal are properly such as have no Superior but God For them that have an earthly Superior their Appeal lies to him as God's Minister attending continually on this very thing So that Subjects know
this case He hath Eleven Points of the Law But beside if as it commonly happens one of the two must be obey'd either he that is driven out or he that comes in his stead the Matter being so doubtful between them then as it seems most reasonable that Obedience should be paid to the latter as having all the Advantage of Law on his side so it is plainly necessary for the Peace and Tranquility of the Nation which cannot well be settled otherwise Thus it was judged by our great Casuist in a Question of Hereditary Right between two or more Competitors that as long as they are yet in Dispute with one another It is the Duty of one that loves his Country to obey him that is in Possession of the Kingdom as his Lawful Prince § 46. Upon this Ground it has been commonly judg'd by the Law of Nations that the Right goes along with the Possession Of this we see Examples in every Revolution that happens in this or any other Kingdom When a King is driven out with any colour of Right the Neighbouring Princes and States make no great Difficulty of applying themselves to him that comes in his stead wherein though perhaps they too much follow their own Interest yet it cannot be said that what they do is against the Law of Nations But what should Subjects do in this Case Of this we have an Example in the People of God when they pass'd successively under the Yoak of those four great Monarchs that were formerly mention'd It is likely that each of those Kings that got the Power over them first declar'd the Cause of the War that he made upon their former Lords In that Case though they could not judge of the Cause whether it was Just of Unjust yet no doubt they did well in adhering to him that was in present Possession Thus we see they did to Darius till such time as they found themselves in the Power of the Enemy but then the same Reason being turn'd on his side they thought it necessary to preserve themselves and their Country by yielding to him who had a Just Cause of War for ought they knew and so far as they could judge by the Success it had Gods Approbation To a People that are in such a case it is no small Comfort that whatsoever doubt they may have of the Cause of the War yet there is no doubt at all concerning their Duty There is nothing more certain than this that they ought to preserve themselves if they can do it Lawfully But it is Lawful for them to forbear Fighting when they are unsatisfied of the Cause And if their own Prince is not able to protect them it is lawful for them to take protection elsewhere Therefore in Case of Invasion for a Cause which is just for ought they know it is lawful for them to live quietly under the Invader nay it is not only Lawful but their Duty as hath been already shewn to acquiesce in his Government when he comes to be in Possession § 47. But when they are certain that a War is made upon their Prince for just Cause that is when they plainly see he hath drawn it upon himself by making it not only Lawful but Necessary for another Prince to invade him for his own Preservation What are the People to do in this Case No doubt they ought first to have a care of their Souls and not to endanger them by being Partakers of other Men's Sins They cannot but see that by engaging in the War they abet their own Prince in his injustice though not in his doing the Injury yet in continuing what is done and in his not giving Reparation And therefore they are subject to the same Punishment with him Nay their Condition is worse then his For he may shift for himself and leave them and all they have to be a Prey to the Enemy Who by right of War may do with them and theirs what he pleases It is therefore certainly their wisest Course to keep themselves free from all Offence both towards God and towards Man That having had no part in the Cause of the War they may not be involv'd in the ill Consequences of it And this they have reason to expect from a Generous Enemy that he will not use the Right of War against them that desire to live peaceably Much more if he hath declar'd he would not hurt them that should not resist him they have Reason to trust a just Prince upon his Declaration And if he went so far as to declare that upon their Submission they should enjoy the benefit of their own Laws then although it should come to a Conquest they may reasonably expect to be in no worse condition under the Stranger then they were under their own Prince They have his Faith engaged to them for this But if the Stranger declares he makes War in defence of another King's Subjects as we have shewn he may lawfully do when he finds himself in danger of suffering by that King's Oppression of his own People in this Case they are first to consider whether it is a meer pretence or whether there be a reall ground for his Declaration If they find there is a just and sufficient ground for it they see in effect that it is through Them that he is struck at and therefore the War is not so much His as their own It is true according to our Doctrine they are united to their Prince as a Wife to her Husband so that they can no more right themselves by Arms then she can sue her Husband while the bond of Mariage continues Yet as when her Husband uses her extremely ill she may complain of him to the Judge who if he see 's Cause may dissolve the Mariage by his Sentence and after that she is at liberty to sue him as well as any other Man So a People may cry to the Lord by Reason of their Oppression and he may raise them up a Deliverer that shall take the Government into his hands a Foreign Prince may lawfully do this as hath been already shewn and then they are not only free to defend themselves but are oblig'd to joyn with Him against their Oppressor For the People's Union with their Prince though it cannot be dissolv'd but by a Sentence from God yet by the Prince's own Act it may be so loosend that it may be next to dissolution The Laws are the Bond of Union between Prince and People By these as the Prince holds his Prerogative so do the People their just Rights and Liberties Now suppose a People so Opprest by their Prince that their Laws being trodden under foot they are in danger of losing not only their Temporal Rights but as much as can be their Eternal In this Case there 's no doubt that the Oppressor and the Oppressed become two Parties being distinguisht by the most different
But for Heretick Princes he says there that the Church has direct Power over them and may deprive them in punishment of their Infidelity or Heresie Ib. Q. when Religion suffers in another Kingdom 1 Cor. Xii 25 26. Justinian Coll. VI. 7. 4. It is for this Cause that we have made so many Wars in Africk and Italy viz. for Orthodoxy in Religion and for the liberty of our Subjects See Girolamo Catena's Life of that Pope And from him Camden's Annals A. D. 1572. Example in Q. Elizabeths time a Camdeni Annales A. D. 1559. In the Queen's Consultation concerning the demands of Succor for the Protestants of Scotland against the French faction in that Kingdom saith Pessimi Exempli videbatur Principem patrocinium praestare tumultuantibus Principis alterius Subditis At Impietatis ejusdem Religionis cultoribus deesse It seem'd a thing of very ill Example for one Prince to Patronize another Prince's Subjects in Commotion But it seem'd an Impious thing to be wanting to them of the same Religion Whereupon the Resolution was taken Ejusdem Religionis Professoribus Subveniendum Gallos a Scotia exturbandos That the Professors of the same Religion must be helpt and that the French must be driven out of Scotland Ib. A. D. 1562. When she sent the Earl of Warwick with an Army into France she declared she could not but do it unless she would let the Guises do their pleasure with that young King and his Protestant Subjects Quodque Maximum ne suam Religionem Securitatem Salutem ignave prodere videretur And which was chiefly to be considered least she should seem basely to betray her own Religion Security and Safety Ib. A. D. 1585. After Deliberation whether she should take upon her the Protection of the States against the King of Spain this was her Resolution Statuit Christianae Pietatis esse afflictis Belgis ejusdem Religionis Cultoribus subvenire Prudentiae exitiosas hostium Machinationes praevertendo populi sibi commissi incolumitati consulere Hinc Bâ—lgarum patrocinium palam suscepit She did Resolve that it was a duty of Christian Piety to help the Afflicted Dutch being Professors of the same Religion and that it was a point of Prudence by preventing the destructive designs of their Enemies to provide for the Safety of her own People Thereupon she took upon her publickly the Protection of the Dutch b Albericus Gentilis her Professor of Law in the University of Oxford de jure Belli D. Speaking of her War with Spain saith Age age obsiste Principum fortissima nam obsistis Justissime c Bishop Jewell's Defence of the Apology p. 16. c. and Bilson of the Difference between Subjection and Rebellion ubi supra d The Acts of Parliament and Convocation that prove this see at the end of this first Chapter a § 36. Especially where it is the Religion setled by Law An Answer to the Paper delivered by 〈…〉 his 〈◊〉 to the 〈◊〉 of London p 16 17 18 19. Of Licinius he tells us how designing War against his Brother in Law Constantine but not thinking fit yet to declare it first he fell upon the Christians in his own part of the Empire Euseb. Hist. X. 8. Edit Vales. p. 396. B. He began first with the Bishops not suffering them to meet in Synods Vit. Constant. l. 51. Then he turned all Christians out of their places at Court Eufeb Hist. X. 8. Vit. Constant. l. 52. Then he turned all Christians out of the Army and out of Offices Euseb. Hist. Ib. Vit. Constant. l. 54. Then he seiz'd their Estates Ib. Ib. At last he fell on the Bishops Euseb. Hist. X. 8. p. 397. B. At first secretly and cunningly not by himself for fear of Constantine but by his Governors Ib. He killed some Bishops for Praying for Constantine Vit. Constant. II. 2. Then Constantine began to stir thinking it Holy and Pious to remove one and save a Multitude Vit. Constant. II. 3. The Joy of Christians upon his Victory see Eus. X. 9. p. 399. C D. Vit. Constant. II. 19. p. 452. C. Then it makes a Just Conquest a See §. 26. b See §. 35. And Conquest giveth Right Judges XI 24. Dan. II. 21. Jos. Antiq. X. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 14. Selden de Jure Nat. Gent. VI 17. p. 789. Argent 1665. Ita non solum armis Alexandri se ex Jure quod ei competiit bellico subdidere sed imperio ejus dilatando stipendiarios se libenter tune praebuere nec interea de belli causâ aut Religione dispari soliciti So they not only submitted themselves to Alexander's Arms on the account of that Right which he had gotten by War but then they willingly offered themselves to serve under him for the farther Enlargement of his Empire not troubling themselves the mean while about the cause of the War or the Difference of Religion a Thus David Psal. I. X. 8. CVIII 9. Thus Constantine the Great stiled himself TRIUMPHATOR and Stamp'd his Coin with the words VICTORIA GOTHICA SARMATIA DEVICTA c. DEBELLAIORI GENTIUM BARBARARUM Thus likewise the following Christian Emperors b Justinian Coll. II. 2. 10. We have recovered all Afric and subdued the Vandals and hope to receive of God many yet greater things than these Id. Coll. V. 15. 1. We ordain these Laws to be observed in all Nations under our Government Some whereof God gave us at first others he hath added since and we hope he will still increase a Deut. XVII 15. b Jer. XXI 8 9. c Convocation Book I. 28. c. Doubted when the Cause is certainly unjust a Pufend. de Jur. Nat. Gent. VII 8 9. b Ib. VII 8. 10. Sanderson Obl. Consc. V. 17 c. No doubt when the Cause is certainly Just. a Horn. de Civ II. 9. 2. as quoted by Pufend. Jur. Nat. Gent. VII 7. 3. If one Prince overcomes another that unjustly provokes him and hath deserv'd it by other Injuries he hath forthwith a Lawful Power against him whom he hath so overcome and is not to stay for the Consent of the People whom he hath brought under his Dominion Pufendorf there says that where there was a Just Cause of Invasion there the getting of a Country into Possession makes for the obtaining of the Dominion thereof and is confirm'd by the Consent of the Subjects and their following Covenant But that till this is had the State of War continues and there is no Obligation nor Faith and so no Dominion Dudley Digs of the Unlawfulness of Subjects taking up Arms c. §. 4. p. 132. Puts an Objection That if the Conqueror comes in by Force he may be turn'd out by the same Title In Answer to it he saith de Jure he cannot For though Conquest be a name of greater Strength only and be not it self a Right yet it is the Mother of it because when the People are in his Power they pass their Consent