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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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never have stood in need either of Laws or of Magistracy Man being of unblamable life and upright conversation would have been a Law to himself and would have acknowledged no Government but that of reason only Amongst Persons perfectly equal Human Nature would not have sensibly perceived any outward Government but that of Parents of their Children and that too but until the Age of Discretion and their being capable of reason but as soon as ever reason became impared and quite debilitated by sin like a Coach-man jolted from his Box it being no longer able to hold the Reins then the affections and passions of the mind like so many wild Horses whose guide was missing begun to play their Pranks and disorderly to be hurry'd up and down t●en the human Chari●t taking no notice of curb or check would have been apt to rusht upon Precipices when the Almighty commiserating Mans case surrounded and hedged him about with Laws and applyed a Magistracy over him that might be able to bridle and restrain the irregularity of his passions and the exo●bitancy of his Astections and Appetites which was to conduct him in that way which was sh●wn him in it Hence it appears that Laws and Magistracy are the Fruits and Conscquencies of Sin From whence it is observable first of all that Absolute Power cannot demand or claim any Aid or Assistance from the Law of Nature for it was not Nature that created Kings but the ●utual Consent of Men for it is very idle and frivilous which some prates of a kind of res●mblance and adumbration of Kingly Power in brute Creatures now that some of them seem to rule over other of the same Species that rule be it what it will is no more but a P●iviledge of the Sex not of the Individuum for example the Bull seems to bear rule over the Cows tho' not over the Bulls with whom he often trys a touch for Mastery the Ram seems to over-rule the Sheep but not the Rams with whom he s●ldom fails to be at odds and so for the rest Moreover Absolute Sway doth seem to me diametrically opposite to the Law of Nature for as Justinian witnesseth all Men by the Law of Nature are free-born therefore they are their own and not another mans Now if any imagin he hath hit the Nail on the Head if he say Absolute Power is an App●ndix of Sin and annext to it by the occasion of which Human Nature is brought into bondage truly methinks such an one never weighed the Matter considerately enough true it is indeed that since Sin the cause of all mischeif and servitude crept into the World Human Nature hath been brought into bondage but it is to sin and death not to men Neither will I deny but that Kingly Power as also all Magistracy is the Appendix and effect of Sin for I have so stated the business before but nothing can be inferred srom thence which may in the least favour Absolute Power for seeing the whole Human Nature is contaminated and polluted and even over-run with sin Princes themselves as Men are born Servants to sin and are the Vassals of death as well as the meanest Peasants all mens conditions upon that score are equal whence any one may easily infer that by the Law of Nature whether intire or lapsed no right can be ascribed to one Man over another abating the right that Parents have over their Children II. Nor can Absolute Power call any thing more to back and assist it out of the Law of Nations because the Law of Nations is in a manner common to 〈…〉 most Nations Now not all in general nay not the most civilized and po●●te Nations do obey Kings for they who do acknowledge Government do not use it alike after the same manner as is manifest from the various Constitutions and Models of Kingdoms Amongst those who approach nearest to Absolute Power if they be narrowly sifted and examined they will be found to discard and destroy Absolute Power nor indeed are we to pass by in silence that the first Form of Government instituted by God himself immediately was absolutely Democratical or Aristocratical wherefore it s very plain and evident also that Absolute Power and Dominion is quite cont●ary to the Law of Nations as never having been ordained any where that we can learn There remains still the Civil Law under which it may seem to seek shelter and borrow patronage but now what that Law is that justies out and destroys the Law of Nature and Nations I cannot conceive unless it be plain down-right dishonesty and injury III. If Absolute Power were allowed upon Earth then the right of God the most just Creatour and wise Governour of all things would not differ about temporals intensione as they term it but extensione from that created power which is for the most part blinded by covetousness which is most impious to think IV. The whole is bigger then its parts and a Prince is but a part of a Common-wealth Ergo the Common-wealth is greater than the Prince This demonstration is strongly backt from the consideration that a Common-wealth is a whole standing in need of a Prince nec ad esse nec ad bene esse sed tantum ad melius neither as to its being nor well-being but only to its better being now when a Common-wealth is well and cannot be better none but a perfect slave to Tyrants will deny but that it highly concerns the Common-wealth to look about them and provide for their safety V. It is confest by all hands that Laws were enacted for the restraining of Mens inordinate Lusts and Desires whence it is most clear that whatsoever power tends to the favouring Man's covetous Desires is altogether an unlawful power as modern experience that I may not rake into the records of Antiquity sufficiently makes out It is an in●ate disposition incident to Men they are Lipsius his expression to be insolent and immoderate in Government nor is it an easie matter to keep within compass a thing which is unbounded But now Absolute Power doth favour the unruly desires of Princes therefore is unlawful VI. All power is ordained by God for the benefit of Society now Absolute Power is the Calamity bane and destruction of Society therefore it is not ordained of God VII Whatsoever derives its beginning from another is to be subject and subordinate to that to which it ows its beginning especially in morality but Regal Power derives its rise and beginning from the People therefore ought Regal Power to be subject to and depend upon the People the usual Answer to this Argument is that the first Proposition is not always true as for example that the Pope is elected by the Cardinals yet is he not subject to them after his Election but this answer is vain and nothing at all to the purpose for the Cardinals in the Election of the Pope do represent the whole Church together which conferred