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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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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
Prophet Samuel of those things Kings would do preter contra officium besides and contrary to their Duty and not altogether without precedent yet they did not for all that alter their mind at length God wearied by their improbrious Demands granted them Saul for their King I cannot imagine what advantage the Parasites of Tyrants can infer from hence that can in any wise justifie and authorize their Cause Salmasius is not ashamed to assert that by those Admonitions whereby he tried to reduce them to better obedience and to reclaim them from their erronious Practices to a sound mind did intimate and point at Regal Power which was not known to the Israelites As if God should ordain the immoral and irregular Lusts of Princes to be the Standard of governing and had a mind that they should be exempted from his Law and unaccountable for what they did To what purpose did he then establish a proper and peculiar Law for Kings as we described before by which ●aw they were commanded to have Moses's Law near them to apply themselves carefully to the learning of it to turn it over and over again continually and to that intent it came to pass Samuel delivered the Law written to Saul then chosen to be King which he punctually observed threatning him no less than he did the People with utter destruction if he should depart from it For he spoke to Israel in these words Behold God hath set him a King over you obey and serve God ye and the King who is set over you otherwise you and your King shall perish which doubtless put these words in King James the I. his mou●h when he drew up Instructions for his Son Whom saith he does the reading and searching of the Scriptures more nearly concern than Kings themselves forasmuch as in that portion of Scripture which makes first mention of the most excellent Kings of Israel we find that they were not only invited and perswaded but expressly enjoyned to be diligent in reading of and meditating upon the Holy Scriptures Alas how sew of the Kings and ' Queens except William and Mary did ever think this Duty incumbent upon them Yet Grotius behaves himself much more modestly than doth Salmasius for he owns that those intimations and warnings of Samuel were so many Predictions of future Events and not a description of Regal Right For although Divine Providence did more tenderly indulge and encourage the Israelitish Kingdom than other Kingdoms for the Messiah's sake who was to spring from the Royal Stock of Israel yet that other Kingdoms should be ordered according to the same Model would by no means follow from hence Salmasius doth not stick to say That Saul and David were immediately ordained and appointed of God that other Kings were but mediately only Therefore nobody should wonder why they were more sacred and more inviolable than other Kings But if we consider this well this distinction will be of little force nor can any Argument drawn from hence serve their turn for God granted them such a King as they required and they demand a King like to the Kings of other Nations and not a King of a new institution as I may so say such an one as never was in the world before God therefore grants them such an one as they desire If then Kings of other Nations could be dethroned no body can reasonably question but that the Kings of Israel might be so likewise Therefore the matter must come again to be tryed by the Law both of Nature and Nations neither did the two Tribes at all doubt of it when in Rehoboham's time they shook off the Yoke and placed Jeroboham over themselves neither did their Crime so much consistin that as togetherwith rejecting Rehoboham they forsook also the Temple and Worship of God neither was any other thing in the mind of those forty who betook themselves to the Cave of Engedi with David nay they pretended to have a more desperate design in their heads as touching this matter than had the two Tribes for they perswaded him to make use of the opportunity put into his hand to rid himself from the persecution of the Son of Kis by making him away Of the same opinion was also Abishai one of David's Worthi●s and Brother to Joab who stealing privily into Saul's Tent with David who found Saul sleeping within the Trench and his Speer sticking in the Ground at his Bolster took it up and offered his service to David saying Let me smite him I pray the with the Spear even to the Earth at once and I will not smite him the second time Now if any one shall narrowly examine the History of Saul and David he will undoubtedly find that the so strenuous Assertors of Tyranny have read the Scriptures whereunto they so confidently appeal but very carelesly and cursorily for even Saul himself never took himself inviolable or not to be medled withall for after this manner spoke he to David producing a piece of the Skirt of his Robe Thou art more righteous than I for thou hast rewarded me good whereas I have rewarded thee evil thou hast shewed this day how that thou hast dealt well with me for as much as when the Lord had delivered me into thy hand thou killedst me not For if a man find his Enemies will he let them go away free wherefore the Lord reward thee good for that thou hast done unto me this day Neither did Saul boast of or value himself upon his Unction nor much insist upon his inviolability nay he ingeniously confesseth that he was subject to the fate of other Mortals and that he had saved his life he owned this wholly to the magnanimous clemency and kindness of David and not to his own Majesty and Dignity Now had the Royal Power as a peculiar ●adge and Characteristical mark of distinction secured Saul from all attempts upon his Person how chanced it that the four hundred and Abishai understood nothing of that Prerogative only David by his prophetical Spirit was able to pry into that business nor in truth could Saul have this Prerogative whatsoever it was either from the Law of Nature or of Nations for then it would have been made known to all but he had it only by a Special Grant and Favour which in all probability was revealed to David by God alone Now the Son of Jesse had plainly signified that the life of the Son of Kis was in his hand and that he was at his mercy for thus spake he unto him The Lord delivered thee unto me nor did I lay hands upon thee He s●il●s him indeed the Anointed of the Lord and confesseth that in consideration of this Unction he was induced to spare his life Yet it does not therefore follow that he was inviolable for if any one will refuse or delay upon any account to put a thing in execution you must by no means infer from