Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n case_n king_n law_n 2,786 5 4.8506 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40705 The case of the times discuss'd being a serious exercitation of two cases grounded upon Romans 13, vers. 1,2,3,4,5 : First, how far we are bound to obey, when we are not satisfied that the laws are for our good, 2nd, whether subjection more than not to resist powers : to which is added some remarks upon a late book entituled The Protestant reconciler / by Fr. Fullwood ... Fullwood, Francis, d. 1693. 1683 (1683) Wing F2497; ESTC R33315 30,137 166

There are 3 snippets containing the selected quad. | View lemmatised text

either without Cause while the Government proceeds according to the Laws of our own choice and yet this is our very Case And in such a Case shew me that Learned Wise or Good Man that ever thundred out his Sentence of Condemnation against the King and Government Bracton indeed is our Ancient and Renowned Lawyer and because his words may be thought pertinent as they are severe and are much insisted on we shall set them down at large and then we shall easily perceive how far they concern our present Circumstances he saith much indeed to magnifie but nothing to question or quarrel the Laws or the Execution of them His words are these besides many more to the same purpose Attribuit rex regi quod lex attribuit ei viz. dominationem potestatem Non est enim rex ubi dominatur voluntas et non lex lib. 1. fol. 5. Potestas sua juris non injuriae exercere igitur debet rex potestatem Juris sicut dei vicarius minister in terra quia illa potestas solius dei est potestas autem injuriae diaboli non dei cujus horum opera fecerit rex ejus minister erit cujus opera fecerit Igitur dum facit Justitiam vicarius est regis aeterni minister autem Diaboli dum declinet ad injuriam Rex Tyrannus dum populum sibi creditum violenta opprimit dominatione temperet igitur potentiam suam per legem quae fraenum est potentiae Nihil proprium imperij quam legibus vivere Lib. 3. fol. 107 108. Perhaps it may be said Nothing more is intended by these Quotations but to secure us against Arbitrary Government Be it so But give us Reason then for the present use of them in such a nick and crisis as this Hath not his Majesty given us sufficient assurance that he will ever govern us by the Laws of the Land or do we find any Cause to Complain of the contrary Is not this an Engine to cast the Waters or rather the Fire of Jealousie upon the Common People Is it not an unseasonable and slye Insinuation not to say an Evil and Scandalous Reflection upon the Government Certainly the present Grievance of such as are dissatisfied with the Government is not Tyranny Oppression and Arbitrary Power Contrary to Law but Government according to Law viz. the Execution of the Laws 2. But let us come a little nearer to the Argument and we shall find it as strong to the Sence of its Author as it is to our Case It doth by no means answer the size of their own Notion and makes the Argument of the Apostle to conclude a great way short or beyond their own Mark They plead to serve another Turn as you will find upon the Second Question that the Apostle requires Subjection and explains his Subjection by Non-resistance and not by Obedience or doing what is required by Law And therefote if we do not resist the Power tho' we do not actually obey we do what the Apostle enjoyns Therefore if when the Laws are not for our Good the Apostle's Inference be of no force his Injunction doth not bind us That is We are not bound to be Subject but we may Reject For the Apostle commands us to be Subject and they say He means by Subjection Non-resistance Now these Objectors themselves confess That Subjection is a necessary Duty and on no hand would be thought to allow Resistance Yet 't is plain this their own Argument from the Apostle's words you see doth first of all and more directly take away Subjection and allows Resistance against their own sense before it can gratifie them with Liberty to Disobey which they contend for And therefore if consonant to themselves they must confess this their great Argument is fallacious This might suffice But lest I should seem only to slur this esteemed Argument and be affraid to encounter it in earnest and the rather that I might vindicate the Apostle and evince the Grounds of Christian Obedience according to his excellent Doctrine satisfactorily I shall apply my self to a direct and more distinct Consideration of this Argument against the Necessity of Obedience and all along endeavour to accommodate my Reason and Discourse as near as I can to our own Case I shall reduce what I have to say against the Argument to two Heads 1. I shall shew that the true Force of the Apostle's Argument is herein Over-seen and made to rest where he never intended it 2. And Secondly That the Sense of the Apostle's words upon which their Argument is grounded is grosly mistaken SECT I. The True Force of the Apostles Argument Over-seen and made to rest where he never intended it THe chief Argument for our Obedience is intended in the first words of the Apostle's Proposition he is the Minister of God as they are distinguished from the Latin words to thee for Good as is more plainly expressed by the Syryac Translation Minister dei sed tibi in bonum But this is little heeded tho' it be congruous to the Scope and Reason of the Apostle's whole Discourse upon this Point We must saies he be Subject Rom. 13 vers 1 2 3 4 5. Why because he is the Higher Power vers 1. Because All Power is of God appointed of God The Ordinance of God Our Ruler and God's Minister i. e. One that wears God's Image God's Name God's Sword Minister vicarius dei as the words of our Law are plainly alluding to these of the Apostle Thus we see the Argument used by the Apostle takes its strength from the Fountain of Humane Authority and not from the End of it as this Argument would insinuate 2. Indeed the Apostle notes also the great End of all Authority and assures us it is appointed for our Good and this is a very great Encouragement of Subjection and Obedience that the Wise and Good Governour of the World has appointed his Ministers to rule us for our Good and worthy of a better Acknowledgment than it usually obtains But who sees not that the Apostle intends this Consideration rather as a Motive to our Obedience and Subjection than a Condition of the Obligation We must needs be Subject partly if you will because he is a Minister ordained for our good but principally and chiefly because he is the Minister of God he is a Minister to us for Good this indeed commends Obedience to us as matter of Prudence rather than Conscience Therefore observe it that he might effectually superside this Sophism and fit his Argument beyond this Quirk and fine Subtilty he repeats the very words for the more direct Obligation of Conscience He is the Minister of God and omits the words before viz. to thee for Good the very words they ground their Argument upon He is saies he in this very same Verse the Minister of God an Avenger c. and thereupon immediately concludes Wherefore we must needs be Subject not only for Wrath but
also for Conscience sake As if he had said Not only for Wrath because he is an Avenger to execute Wrath but because he is the Minister of God for Conscience-sake Thus if otherwise there might have been a Doubt where the Apostle intended the force of his Argument whether upon the first or last part of his Proposition the Apostle himself hath resolved us and the Ground of that Doubt is gone Yet supposing we could admit that the Force of the Apostle's Argument doth rest upon the latter words to thee for Good unless our Sense of these words be the same with the Apostle's we are still deluded with a gross Fallacy This therefore is next to be considered what the Apostle means by GOOD in this Text And whether we do not Mistake his Meaning and argue from a wrong Sense and Abuse of his words This is my other and my chief Exception to the Argument SECT II. Of the True Sence of this Expression To thee for Good NOthing can be rightly concluded from these words beyond their intended and true Meaning And seeing the Argument rests here it is necessary we should have a right Notion of the Goodness the Apostle speaks of 1. 'T is evident he doth not intend a particular and private Good especially in prejudice of the general Publique Good For this Cause saith he pay you Tribute and Custom and these I think but few reckon to their particular Advantage 2. Neither can we understand the Good here to be a Good by Accident only the Law and Government hath a direct Tendency to the good of the whole Community and every Member of it yet by Accident it may be prejudicial to some good Man and ought so to be to all Wicked Men a Terror to Evil-Doers And indeed our Rulers even then when they are Avengers of Wrath upon such are the Ministers of God to us for Good We Conclude the Apostle must intend Salus populi or the Publick Good which is the proper Effect of and directly flows from a right Use of Government upon the whole Body of the Common-wealth and consequeutly upon every particular person as he a Member of that publick Body Now if you imagine the Good we may expect from Government to be either a private good or our own particular Ease and Satisfaction which we may account our good without regard to or in prejudice of the publique good or the Evil which accidentally falls from good Government upon the Disobedient to be contrary to the Good in the Text we abuse the Apostle and deceive our selves for you see this Good consists with our private Loss by Tribute and Custom and with the execution of Wrath and Evil upon Evil-Doers And yet notwithstanding both our Rulers are Ministers of God to us for Good 3. But this offers a Third Distinction somewhat more direct to our purpose This Good may be supposed either in the Matter of the Laws whence they are said to be Good Laws Or with respect to the Execution of the Laws 1. The First namely the Goodness of the Matter is only intended by the present Objection But cannot possibly be thought to be the Good which the Apostle intended Read his whole Discourse here and you shall not find one word bordering upon the Goodness of the Laws This the Apostle presumes that the Laws were good And gives us an excellent instance and Example of his Modesty not rashly to Judge the Laws or without plain Evidence to call them into question So their specious Argument when all is done finds no place in the Text. 2. For nothing can be well more plain and evident then that this Text only speaks of that Good which is the Effect of and follows the just Execution of the Laws Good Natural Civil Moral and Spiritual the Defence of our Persons and Estates the keeping of the Peace the punishment and Reformation of Wickedness and Vice and the Maintenance of True Religion and Virtue as Interpreters generally agree upon the place In praecedente membro potestatem hic potestatis distributionem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a deo esse testatur Bez. in verb. Yea the same is manifest from the whole Context the Text affirms he is the Minister of God to us for good How so No otherwise but as he executes the Laws impartially and is thereby a Terror to Evil-Doers and a Praise to them that do well Again therefore wilt thou not be afraid of the Power do that which is good for he is the Minister of Vers 3 4 5. God to thee for Good but if thou do that which is Evil be afraid for he beareth not the Sword in vain for he is the Minister of God a Revenger to execute Wrath upon him that doth Evil And then concludes upon the whole Wherefore we must needs be subject c. Now I hope the Objectors to say no more need not boast of their Advantage from this Text. SECT III. Of the Judge of the Goodness of the Laws BUT suppose we should also grant that the words do extend to the Good of the Matter of Laws May it not be doubtful whether the Laws be good or not And if this be the Controversie betwixt the Rulers and the People how shall it be determin'd There seems to be a Necessity to resolve this Point before it be drawn into Practice one way or other The Question then is When the goodness of the Laws is disputed who shall be the Judge those that should be the Doers of the Law or the Makers of it Here it seems reasonable that seeing as you heard the publick good is the proper intendment of all Laws and that our Legislators are Publique Persons and of Publique Capacities and Conversation the Advantage should lie on their Part especially when the matter of Humane Laws clasheth not with the Divine at least is not so evidently against the Law of God as Obedience to the Laws of Men is required by the Law of God For we must ever obey the Laws of our Rulers but when by so doing we shall Violate GODS Laws So that our clear Knowledge of God's Laws in that very Point is supposed in order to our Warranty to disobey Man ' s. This Rule is positively allow'd and express'd by Mr. Baxter himself as well as all other Learned Men that have considered the Point But I shall hence take occasion to discuss the Matter more amply and I shall therefore first Distinguish and then State the Question as I intend to handle it and then pursue it 1. 'T is agreed that the Matter of a Law may be either Evil per se i. e. when it is contrary to the Moral or Positive Law of God or only inexpedient tho' in genere lawful For the Apostle acknowledgeth that some things are lawful that are not expedient All Things saith he Are Lawful for Me but All Things are Not Expedient 2. As to the first kind 't is also agreed that if the Matter of the
either with Liherty Property or Piety Consider it sadly for if this should happen both we and the Children unborn may have Cause hereafter and too late to Curse such Unwarrantable Nicenes and Pernicious Scrupulosity 5. Lastly If all these Mischiefs are at too much distance and we cannot see so far off Let me speak home to you that yet indulge to your selves this Groundless Disobedience Methinks your own present Inconveniencies by it should be put into the Scale Doth not it render you obnoxious to Law and Justice You perhaps have hitherto escaped but are you not liable every day to have your Peace and Quiet and Possessions disturbed Doth not your Disobedience to the Law expose your Persons and Families as well as others to the Penalties of Law Neither can you well expect it should be otherwise if you continue Obstinate and refuse to obey it For our Rulers are Ministers of God to us for Good and ordained on purpose to prevent the fore-mentioned Mischiefs and therefore they must be a Terror to Evil-doers that is all that violate and regard not their Laws and Revengers of Wrath upon all that do Evil especially such Evil as if not suppressed may undo all Yea are they not and do they not think themselves bound in Conscience both of their Trust and Duty to God and Men in Conscience of yours and the publique Good not to suffer all to run to Confusion Perhaps you take it to be in your Choice whether you will Obey or Suffer Deceive not your ●elves God Commands you as well as Man and certainly God's Command reacheth the Conscience whatever you dream of Man's And you must answer to God as well as to Man for your groundless Disobedience especially when by it you thro' away or hazard the Blessings and Talents he hath put into your Hands and intrusted you withal This is ungratefully to Despise the Riches of his Goodness God and Nature have given you a Law of Self-preservation and you have no Liberty to destroy your selves by neglecting your Duty to your self and affronting his Providence No Man is so absolutely his own but God the King and Country his Relations and Dependents have some Interest in him Men that have Estates and Families and Parts and Capacities fitting them for their's and the publick Service may not causlesly throw them away or dispose of them but when and as God calls for them And if the Law requires nothing of them which God forbids they cannot for any other Satisfaction suffer their Estates to be wasted their Wives and Children to be distressed their Lives to be sowred and obscured and their Parts and Capacities rendred Useless to God their King and Country by the Choice of Punishment for their Disobedience Active Obedience so far as lawfully you can is necessary even from the Word of God Himself were there no other Argument for it but that of Wrath viz. Escaping Punishment For we must needs be subject even for Wrath's sake and the very Argument from Wrath obligeth the Conscience Now all these considered let me beseech you to reason this Point calmly by your selves You have had the Inconveniencies of your Disobedience laid against some things inexpedient as you suppose required in our Laws And you say you have a Judgment of Discretion hath not God given you this Judgment to weigh these one against another And do you not discern the Difference between them Certainly the Matter being supposed in it self Indifferent that is not any wayes forbidden by God the less inexpedient is eligible and to be chosen before the greater Yea as you have seen 't is comparatively expedient for us to obey the Laws that we think inexpedient for the avoiding those greater Mischiefs of Disobedience And upon the whole I can hardly imagine that you should still think it Fit for a small Satisfaction to a Humour or a Scruple to incur the guilt of so many great and Real Evils both upon your selves and the whole Kingdom Let us therefore so mannage our selves that our Rulers may be Ministers of God to us for Good indeed which must be obtained by a MEAMS contrary to the Cause of the aforesaid Evils our unaccountable DISOBEDIENCE That is By a Peaceable and Cheerful and Conscientious OBEDIENCE to them and to the Laws I speak as unto WISE MEN Judge what I have said and the GOD of PEACE give you Understanding The Sum of the Answer is this The Apostle's Words as here insisted on First allow what your selves condemn RESISTANCE of our Rulers Besides you take little of no Notice of that which is Argumentative in them and place the Force of his Argument where he did not intend it For the Necessity of our Duty lies in the first words of the Proposition HE IS the MINISTER OF GOD and the later words TO THEE FOR GOOD are rather a Motive to our Obedience Further should we yield that if the Laws be not FOR GOOD the Obligation to Obedience ceaseth yet you plainly mistake the Good which the Apostle intendeth for it is not the GOOD of the Matter of the Laws but of the EXECUTION of them and thus his Argument is directly Against and not for Disobedience Again should we yet allow that the GOOD of the Laws themselves is here meant yet 't is only the Good of Publick Convenience of which the RULERS and not Private Men are the proper Judges Lastly Suppose it were fit that Private Men might Finally Judge of the Conveniency Inconveniency of Publick Laws yet they are to Judge equally of the Convenience and Inconvenience of DISOBEDIENCE And if you Judge Righteous Judgment you will certainly find that the Inconveniencies of DISOBEDIENCE do exceedingly overballance the supposed Inconvenience of the Laws And consequently for the avoiding those greater Evils both Publique and Private that follow upon your Disobedience Obedience to the Laws that you judge inconvenient in such a Case becomes E●pedient and Good and even by your own Argument NECESSARY All which I hope hath been sufficiently proved to the Satisfaction of the Sober and Peaceable Dissenters Quest II. Whether to be Subject in Ro. 13. be only not to Resist the Powers or also Actively to Obey their Laws IN their new Politicks some seem to defend their Disobedience after this manner The Apostle say they requires Subjection Arg. indeed but what is that to Active Obedience He tells us he means by Subjection Non-resistance and we abhor Resistance though we do not Obey This is the best Argument of the modest and most moderate Dissenters and I hope they intend it for our Security But certainly more is intended in the Text. I would not be Uncharitable or suppose that the wiser and better sort of our Dissenting Brethren themselves intend it so far as thereby to enervate the Apostle's Obligation to all Active Obedience For indeed some of them seem to explain themselves otherwise Yet because this is often hinted and may prove Prejudicial to Government from