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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A38644 An Essay upon the original and designe of magistracie, or, A Modest vindication of the late proceedings in England by one who hates rebellion and tyranny. 1689 (1689) Wing E3301; ESTC R29794 9,556 16

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are by express paction eximed from the Power of the Soveraign by the People or their Representatives which Reservations are called Priviledges and are either thus established by Contract and Agreement at the first Constitution or are afterwards granted by Princes when they would either oblige or gratifie their People as was the Magna Charta in England and Edict of Nants in France or when they desire any favour from them as was the Golden bull wherein the Emperour Charles the 4th granted considerable Immunities to the Electors to engage them to chuse the stupid Vensiaslus his Son Successor in the Empire This Property of the Subject hath ever been the Eye sore of Monarchs tho he has as just a claim to it as these have to their Crowns and whoever goes about to subvert it dissolves the Constitution and Forefaults his own Title since the same Laws that bestowed this at the same time secured that and maintaining the one was made an inseparable condition of possessing the other Neither can a Rape committed on our Liberty be excused upon pretence that Authority is derived from Heaven For the Great Soveraign of the Vniverse ordained Magistracie for the preservation not the destruction of Mankind and he never sent down any person or Family from Heaven with a Commission to enslave a People or Nation to whom the Application of the Civil power was left Absolutlie free So that they might bestow it on whom and after what manner they pleased For tho God loves order yet he never approved of Tyranny and Oppression and he who is all Justice and Mercy can never be supposed to Authorize what is contrary to both So that whosoever Acts beyond his Commission and destroys the Flock instead of protecting it Is so far from being Gods Vicegerent that he is to be lookt on as the Common Enemie of Mankind The Violation of the Subjects property is called Tyranny A name which at first did only signifie the Regal power but when Liberty began to be oppressed through the Ambition Wickedness or Evil management of the Governours it was made use of to denot the excess of power There are two sorts of Tyrants those in Title and those in Administration of the Government The first sort is he who Usurps the Crown without any Title or just pretence as did Oliver Cromwel in England of the other one who hath a just right to the Crown but postponning the publick good Acts Arbitrarly and contrary to Law Such a Tyrrant was Philip the Second of Spain The want of a Title or a Bad one may be supplied by prescription or the subsequent consent of the people to which perhaps the most part of Princes must at last recurr unless they would derive their Pedegree from one of the Sons of Noah and instruct an uninterrupted Succession ever since Tyranny is the most miserable condition a common-wealth can be in it dissolves the Union betwixt King and Subject and exposes both to all the miseries that attend a civil Warr and to the hazard of falling under a Forreign power Yea even tho a Tyrrant should be successfull in his Attempt yet is he as farr from his happiness as ever for besides the inward remorses that incessantly gnawes his Conscience he suspects all Men fears every thing and is most justly hated by all so that they did not Represent a Tyrrant ill who drew him si●ting under a Cannopy of State feasting in great Riot with a naked Sword hanging over his Head. What Remedie is there then against so great an Evil are we tamely to subject our Necks to a Yoke so insupportable to the more refined sort of Men or are we to resist the Supreme Magistrate and Reclaim him by Arms when other means prove ineffectual The difficulty is great and each opinion hath had its Champion who writ Volumes in defence of their cause The horrid Paricide of King Charles the 1. in the middle of this Age was with great heat and zeal defended by Milton and Impugned by the Learned Salmasius who being a stranger to our Constitution and the Transactions of our Country I speak it with Reverence to so great a Man did but weakly defend so good a Cause in endeavouring to prove that Tyranny was not to be resisted whereas he should have Evinced as easily he might that Charles the 1st was a good Prince and no Tyrant The present Revolutions in England revives the dispute and engages me contrary to my humour to Impart my thoughts to the publick with no other design then to contribute my m●an endeavours for vindicating the Nations Honour from the heavie Imputations of Treason and Rebellion and if I can make out that Resistance in some case is Lawful I doubt not but I shall be easily able to Demonstrate that the present taking up Arms by the Nobility and Gentry of England in Defence of their Religion Laws and Liberties is both just and necessary There are three Degrees of Resistance The first is the taking up Arms against the Civil Magistrate The second is The Deposing him and shakeing off our Allegiance The third proceeds to the inflicting of capital punishment Which last seems inhumane because GOD has placed a certain Sacredness in the Person of Princes so that none can touch the LORDS Anointed and be guiltless and the depriving them off their Crowns is a great enough punishment and our injuries are sufficiently repaired when we are out of the hazard of being any more obnoxious to them The other two may be allowed of providing the Remedies be applyed by fit persons after a due manner and with such caution as a matter of so great importance does require First By fit persons as the Nobility Gentry and other Representatives of the Nation who as they are most concerned in the Laws are supposed to understand them and consequently are the best Judges of Liberty And they are persons of so much Honour that it were a piece of ill Breeding to suspect them of partiality Secondly The Tyranny must be Evident and Manifest some few Tyrannical Acts do not constitute Tyrannie private injuries must be suffered rather than hazard the publick peace there must be a wilful subversion of the Laws not those of lesser moment but such as shake the very Foundations of Government Davids Murder and Adultery were very Arbitrary and Tyrannical and yet did not make him a Tyrant for Humane Frailty is still to be indulged seing on this side of time perfection is not to be expected Thirdly This is a violent Remedy and consequently should be the last it ought to be gone about with the greatest Deliberation and circumpection imaginable when Addresses petitions Supplications and such gentle Methods prove ineffectual Fourthly The Common-wealth must be in such Danger that the whole Fabrick would otherwise be Dissolved and Overturned Lastly The effectuating of the Design must be certain otherwise we fall into a worse Evil then what we seek to shun for Confusion and Anarchy are worse