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
expose not only themselves to be ruin'd but also their Friends and Allies to perish with them in that Case Saevitia est voluisse mori it is a sort of bloody Peaceableness it is cruelty to Mankind to go to that degree of suffering Injuries § 37. But especially when the Cause of God is concern'd to whom we owe all things and ought to venture all for his sake Surely 't is his Cause when it touches Religion which is all that is dear to him in this World And tho' Religion it Self teaches us if it be possible as much as in us lyes to live peaceably with all Men yet as 't is there suppos'd there may be Cause to break the Peace so it adds infinitely to that Cause when it comes to concern our Religion I do not say that Religion is to be propagated with the Sword No nor that Princes may force it on their own Subjects much less upon other Princes or their Kingdoms These are things we justly abhor among those inhumane Doctrins and Practices by which Popery has distinguisht it Self from all other Religions We have the more Cause to abhor it for the sake of a Prince that is the very Scandal of Popery that hath not only exceeded all Heathen Cruelty in the persecuting of his own Protestant Subjects but even forc'd a neighbour Prince to give him Game in his Dominions His butchering the poor Vaudois was barbarity beyond all Example We have reason to believe he would have hunted here next His Dogs had been upon us ' ere this time if God had not wonderfully preserved us God preserve us still from Kings that have that way of propagating Religion § 38. Yet it may be a Question whether such Tyrannies being used on the account of Religion give a just Cause of War to other Princes of the same Religion I speak now of Persecution in such Countries where their Religion is not established by Law It is certainly true which the Apostle says We are all Members of one and the same Body and it is the duty of Members to have the same Care of one another and whether one Member suffer all the Members suffer with it or one Member be honoured all the Members rejoyce with it It is true that Christian Princes especially as they have the charge of that part of Christ's Body that is in their own Dominions so they ought to extend their Care and Compassion to their Fellow-Members elsewhere But whether they ought to concern themselves for them so far as to make War on their account against their Kings by whom they are persecuted nay whether they may lawfully do this is a doubt that may deserve some farther Consideration The Christian Emperors seem to have made no doubt of this For they made War sometimes for no other Cause but that of Religion against such Kings as persecuted the Christians in Their own Dominions Sometimes when they had other Causes of War they preferr'd this before all the rest which certainly they would not have done if it had not weighed much in their Opinion Of them of the Roman Communion there hath been enough already said to shew their Opinion of this Cause They that are for propagating Religion by the Sword cannot but think it a just Cause of War against any Prince that he persecutes those of their Religion We have a notable Instance of this in Cardinal Pool who was one of the moderatest Papists of his age and yet writ a Book wherein he prest it most earnestly upon the Emperor Charles V. as his Duty to give over his War with the Turk and to turn his Arms against King Henry VIII for oppressing the Catholicks in his Dominions Pope Pius V. whom they have lately made a Saint was as earnest with the Emperor Maximilian and with the Kings of Spain France and Portugal He would have them all make War against Queen Elizabeth for persecuting his Catholicks though she never touch'd one of them till that Pope had forc'd her to it by stirring them up to Rebellion against her with his famous Bull of Deprivation § 39. For the Opinion of Protestants in this matter we have it sufficiently declared in the Reign of that excellent Queen who made War first or last against all the Popish Princes in her neighborhood for persecuting the Protestants in their Kingdoms And herein she was not only justified by the Pens of our greatest Lawyers and Divines but she had also the approbation and assistance of our Parliaments and Convocations It appears she was the rather inclin'd to do this by a Jealousy of State for which there was an evident Cause in those Popish Doctrins before-mentioned For she knew that those Kings accounted her and her People to be Hereticks as well as they did their own Subjects whom they used so very ill for no other Cause but because they were of her Religion And therefore she had Reason to fear that when they had done their Work in the destroying of that Religion at home in their own Kingdoms the same blind Zeal acted by the same Principles would bring them hither at last for the finishing of their Work or as some have worded it since for the rooting out of the Northern Heresie This was such a danger that if she had suffer'd it to grow upon her it had been a betraying of her Trust which she could not have answer'd to God And yet there being no way to prevent it but by making War upon them in their own Kingdoms this ought to be accounted a Defensive War and that made upon very just Cause as hath been already shewn We have Reason to hope that all Popish Princes are not under the Power of those Principles But yet when any of them persecutes his Subjects that are of another Religion beyond the standing Laws of his Kingdom they cannot expect that other Princes which are of that Suffering Religion can be so confident of this as to stand idle and look on and not rather when they see the danger comes towards them to defend themselves from it if they can by beginning a War in that Prince's Dominions § 40. There is yet a greater Cause for this when the Suffering Religion is that which is establisht by the Laws of that Kingdom and yet the King that is sworn to those Laws and therefore bound to support that Religion is manifestly practising against it and endeavours to supplant and oppress and extinguish it What should other Princes or States that profess the same Religion do in this Case They see that such a King is set upon the destroying of their Religion He hath declar'd a hostile mind towards the Professors of it in judging them not capable of enjoying their Temporal Rights If he deals thus with his own People what are Forreigners to expect at his hands Can they think themselves secure because they are at Peace with
signifie one and the same thing For the Chaldeans reckon'd the Times and the Seasons by the Years of their Kings Reigns as we do by the Years of our Kings Reigns at this day And therefore according to the Change of their Kings there was also a change of the Times and the Seasons They were the Changes of Four great Empires which God here considered not as being the greatest in the World but as being those to which his People were to be subject They were subject successively to those Four great Empires of the Babylonians the Persians the Greeks and the Romans Those Four are understood in this Vision by Josephus and by all the Jews that have written and by all the Primitive Christians But these words being so understood afford us a plain Instance of this Doctrine They shew that it is by way of Conquest that God puts down one and sets up another For so the Babylonian Empire was put down by Cyrus who set up the Persian in its stead The Persian Empire was put down in their last King Darius and Alexander set up the Macedon in its stead The Macedon Kingdom was put down in their last King Perseus and the Roman was set up in its stead All these Kingdoms were changed by Conquests that they made one upon another And so it was by those Conquests that God removed Kings and set up Kings Which though we see not yet that it was any more than by the Permissive Providence of God yet that was enough to make the People of God become Subjects to those Kings that came in by no other Title I do not say but they would have opposed the making of one of those Conquests namely that of Alexander the Great because King Darius was then living But when they saw they could not Oppose the Conquest being already made then Just or Unjust they submitted to it and having submitted they were subject without any more Controversie Therefore also Just and Religious Kings have reckoned their Conquests 〈◊〉 the great things that God wrought in 〈◊〉 means and accounted them as 〈◊〉 〈◊〉 Subjects whom they had gain'd by 〈◊〉 Sword as them that were born in thâ—â—â— Dominions Therefore also God hath commanded his People to give Obedience to the Kings that came in by Conquest without any other Title Nay to such as were capable of no other for they were forbidden to set a Stranger over them which was not their Brother And yet they were Subjects to Strangers such as Cushan Eglon and Jabin c. And in Zedekia's time God commanded them upon pain of Death to become the Subjects of Nebuchadnezzar who had made a full Conquest over them and held their Lawful King Jeconia then in Captivity This is plainly the Doctrine of that Convocation which sate in the beginning of King James I. his time and therefore it cannot but be very Unjust to charge any Man with Singularity or Novelty that goes in the Steps of so many and so great Authors § 43. Yet it cannot be denied that many others and those also Men of great Learning and Judgment have not gone on so smooth with this Doctrine they think it gives too much to the Success of a War without due regard to the Cause on which it was made But it is the Cause that makes a War either Just or Unjust And though the Events of both these may be the same for either of them may end in a Conquest by which God puts down one and sets up another yet whether this be Justly obtained or Unjustly it makes a great Difference For whereas the latter happens through the Judgment of God for the Punishing of a Sinful Prince or Nation it doth not appear that he that is the Instrument of this acquires any Right by it more that those Pirates or Robbers who are Instrumental likewise in the Punishing of Inferior Transgressors And if God gives no Right to him whom he sets up then it remains still in him whom he has put down So that he is rightful King still though he is out of Possession and the other is but an Usurper that is in Possession In this Case if the Usurper has no Pretence of Right no Prescription of time no Consent of the People but only an unjust Possession how a Subject ought to behave himself towards him even this is a DIFFICULT QUESTION in a most learned Man's Judgment Who yet Judges that even here it may be not only Lawful but a Duty to obey him that is in Possession when the Legal King is reduced to that pass that he can no more do the Office of a King to his People For saith he the Kingdom cannot be without Government and if the Usurper preserves the Kingdom a Lover of his Country ought not as things are to give any farther cause of trouble by his unprofitable Contumacy But then put case the Usurper hath Sworn the People to him and doth the Office of a King which it seems in his Judgment doth not take away the Duty that is owing to that former King how one can pay his Duty to both the expel'd Legal King and to such an Usurper This our Author says is A MOST DIFFICULT SCRUPLE and so it seems both by his and our most Learned Casuist's handling the Question where they shew how far one ought and how far one ought not to comply with such an Usurpation But these Difficulties are only in case the Possession is obtained by a War that was certainly unjust for if the Cause of the War was but doubtful and a Conquest follows upon it there is no place for these Difficulties Much less where the cause of War was certainly Just for if a Conquest follows upon this it gives a Right and then there is no Usurpation § 44. We judge of doubtful things by those that are certain and therefore to speak of these first Being certain that the Cause of War is Just we are as certain of the Effect of it So that if it be suffer'd to run on to a Conquest this also is Just and we ought to look upon it as the Execution of a Sentence of God by which acting as a Judge in the way of Justice he puts down one and sets up another And this being follow'd by the Peoples attorning their Allegiance the Right is as fully settled in him that comes in in this manner as if he came in by the ordinary way of Succession § 45. The Right of a Conquest being so clear when the Justice of the War is certain there is the less to be said of the Case when there is a doubtful Cause of War If the Effect of such a War be a Conquest it is evident that the Right of this Conquest ought to be judged of very favourably for he that hath Conquered is now in Possession And therefore according to that common Saying which is most true in
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
whither to go on all occasions whether for the asserting of their Rights or reparation of Injuries Their proper recourse is to the KING as Supreme or to those that are Commissioned by him and these are to judge their Cause according to the LAW of the Land which is the common Standard of Justice among private Men. It has been the manner indeed and perhaps is so still in some Nations that where Princes find a Cause too hard for them to decide they give the Parties leave to end it in a Duel between themselves But this being an Appeal to God is most strictly forbidden to Subjects in all well-order'd Kingdoms And this very Usage shews that they have no Right to it otherwise but only by their Princes permission For Sovereign Princes their Rights and their Injuries are inseparably join'd with those of their Kingdoms and Nations And therefore they cannot pass by Injuries as private Men may for Peace sake they must insist on those Rights with which God has entrusted them for others more than themselves it is not only their Interest but their Duty so to do But all Princes being equally concern'd in this matter what if a Question should arise between any two of them or what if one should invade the unquestionable Rights of the other There is no ending the difference between them in the way of private Men for they have no earthly Superior to flie to they have nothing to do with one another's Laws there is no adjusting of their Damages and Costs Private Justice hath Scales to weigh out these things but publick Justice has none Therefore Princes must have some other way to come by their Rights or else they are in much worse Case than private Men. But what Way should that be by which Princes can be oblig'd against their Wills to do Right to one another It must be by such a LAW as they all agree to and by such a JUDGE as is their common Superior Such a Law is that which we call the Law of Nations being made up of such Customs as are observ'd among Princes as our Common Law is made up of those that are observ'd in this Kingdom And for that common Superior it is God alone who styles himself the King of Kings and Lord of Lords But as by the Law of Nations the Way that Princes have for the ending of those differences among themselves which cannot be ended otherwise is by War So this as hath been already shewn is an Appeal to God it is the Way that Princes have to sue one another in his Court. And he has therefore given them the Power of the Sword that they may use it not only in Judging their own People but in going to Law with other Princes This confirms that which has been said already that Subjects have no Right to make War without the leave of their Princes For as God has given Princes the Power of the Sword so he forbids it to Subjects under a great Penalty They that take the Sword shall perish with the Sword And if he has not admitted them to be Parties in his Court then it is certain that they cannot sue there or if they do they can acquire no Right by it There is an Original Nullity in all their Proceedings As none have right of making War but they that are in Sovereign Power so neither is it given to them that they may make what use of it they please Particularly they must not make War for the satisfying of their Lusts Ambition Covetousness Vain-glory or the like He that troubles an earthly Court of Justice upon any litigious or trifling Account ought to be condemned in good Costs But if it appear he comes thither to defraud or to oppress and that with a Colour of Justice he must look for greater Severity How much more ought Princes to dread the just Judgment of God if they presume to Appeal to him for no Cause or for such as he hates and abhors Nay the righteous God will not hold him guiltless that hath Justice in his Cause and yet in his Heart hath no such thing Lawful things must be done lawfully This Princes must look to as they will answer it to God 35. But as far as Man can judge it is a Lawful War that is made for a just and sufficient Cause which is the third Thing we are to consider To make a Cause just in strictness of Law a very small matter may suffice For no Man hath right to do another the smallest Injury any more than he hath to do him the greatest And Princes have no other way than by War to right themselves for the least Injury But if they are so tame to pass by the smallest Injuries it will tempt ill-minded Men to go on and to do greater These and many other things may be said to make it seem reasonable that Princes should insist upon the rigor of Justice But after all this we must remember we are Christians and Christ hath given us other measures of Justice according to which even Princes ought to govern themselves He hath taught us to soften the rigor of Justice with a Temperament of Goodness and Equity And therefore not to run to Extremes for the righting of any small any tolerable Injury § 36. Especially War that is such an Extreme as a wise and good Prince would not run into if he could with a good Conscience live out of it But that he cannot do without the leave of other Princes that do not consider it with so great an Aversation They may make it Necessary for him to defend his just Rights which he cannot forego without wronging his Conscience They may force him to it if they will with insupportable Injuries They may bring things to that pass that the dangers of Peace may be worse than the mischiefs of War are like to be If it once come to that that there is more danger in sitting still than there is like to be in the hazards of War then it is time for them to draw the Sword to whom it is given And to do it first if they can to prevent the danger of doing it too late afterwards They may do it Se defendendo as well against great and imminent danger as against open actual Invasion They may do it in defence of another King's Subjects if they see themselves in extreme danger of suffering an intolerable Injury by his Oppression of his own People And in these Cases if one Lawfully may then it is certain he ought to do it There needs no Scripture for this it is the plain natural Law of Self-preservation They are so much the more oblig'd to this when it is evident that the threatning mischief is like to fall upon others as well as themselves and them such as they are bound in Honour and Conscience to protect and support When by sitting still they should certainly
saith it is altogether false but corrects this afterward saying nisi fortasse in Tyrannidem declinet unless he happen to become a Tyrant of which this Jesuit allows the People to be Judge He might as well have agreed with his Fellows By giving one a Conquest over the other God gives a Conquest Judicially a Psal. Lxxxii I. I. By way of Judgment a Psal. Lxxv. 8. On Kings a King James's Works pag. 531. Every King in a setled Kingdom is bound to observe the Paction made to his People by his Laws in framing his Government agreeable thereunto Ib. A King governing in a setled Kingdom leaves to be a King and degenerates into a Tyrant as soon as he leaves off to govern according to his Laws in which Case the King's Conscience may speak to him as the poor Widow said to Philip of Macedon either govern according to your Law Aut ne Rex sis b King James's Works pag. 553. I was sworn to maintain the Law of the Land and therefore I had been perjured if I had altered it Ib. pag. 531. All Kings that are not Tyrants or perjured will be glad to bind themselves within the Limits of their Laws And they that persuade them the contrary are Vipers and Pests both against them and the Commonwealth c Pufendorf de Leg. Nat. Gent. VII 6. 10. If he promiseth at his Coronation to govern according to Laws and breaks his Promise he is forsworn and yet that doth not dissolve his Government King James's Works pag. 531. Though no Christian ought to allow any Rebellion of People against their Prince yet doth God never leave Kings unpunisht when they transgress these Limits For Neglect of Government For oppressing the People a Esay X. 7. This is Just and Necessary b Rom. Xiii 2. a Rom. XIII 4. b Rom. XIII 3. c Esay VII 17. a Psal. Lvii. 11. b When Don Pedro King of Castile by his Tyranny had so lost himself at home and gained so many Enemies abroad that his Bastard Brother being set up against him by some of the Neighbouring Kings had driven him out of his Kingdome without Blood he came to our Black Prince who was then at Bourdeaux and desir'd him to bring him back into his Kingdom The Prince called a Council upon it where some of his Friends advised him to forbear telling him the great Evils that this King had done and adding this in the Conclusion All that he hath now to suffer is but the Rod of God sent to chastise him and to give Example to other Christian Kings and Princes of the Earth that they may not do like him Froissart Hist. l. 231. 2 God does this by way of Justice 1 War is an Appeal to God a 1 Chron. Xxix. 11. b Judg. XI 27. 2 It is proper to Kings a Rom. Xiii 6. b 1 Pet. II. 13 14. a Bishop Bramhall's Works p. 834. Private Right and private Justice is between particular Men. Publick Right and publick Justice is between Common-wealths as in a Foreign War b See Pufendorf de Jure Nat. Gent. II. 3. 21. Hooker Eccles. Pol. I. Saith of the Law of Nations that it can be no more prejudiced by the Laws of any Kingdom than these can be by the Resolutions of private Men. c See Grot. de Jure Belli Pacis i. 2. 1. ad 5. d Rom. Xiii 3 4. Mat. xxvi 52. Dudley Digs of the unlawfulness of Subjects taking up Arms London 1675. § 3. p. 75. Equals if injur'd they require Satisfaction and upon denial of it attempt to compass it by force they are esteem'd by the Law of Reason and Nations Just Enemies whereas Subjects if they make War upon their Sovereign tho' when wrong'd are worthily accounted Rebels See Albericus Gentilis de jure Belli B. fol. 1. from Pomponius c. 118. tituli Digest de verb. Signif Ulpian c. 24. tit de Captivis See Grot. de Jure Belli Pacis l. 3. 5. Zouch p. 30 de jure inter Gentes l. 6. 3. When they have Just Cause e Justinian Instit. l. 2. As in fear of great Danger f Lord Bacon's Works London 1670 p. 2. in his Considerations on the War with Spain The second of his three Just Grounds for that War was a just Fear of Subverting our Civil Estate And thereupon he says That Wars preventive upon just Fears are true Defensives as well as upon an actual Invasion In his Works London 1638. among his Sermones Fideles p. 189. he goes further in saying justus metus imminentis periculi etsi violentia aliqua non praecessit proculdubio Belli causa est competens legitima A just Fear of imminent Danger tho there has not been any Violence used is but of all Doubt a sufficient and lawful Cause of War g See Grot. de Jure Belli Pacis II. 20 39. And Pufendorf de Jure Naturae Gentium VIII 6. 3. h Albericus Gentilis de Jure Belli I. fol. C. 3. saith it is Defensio Utilis quando verendum ne petamur And Defensio Honesta quando alios tuemur He brings both these together in the Case of Queen Elizabeth's defending the Dutch against the King of Spain Ib. fol. D. he saith She might justly do it for if the Government of the Netherlands should be changed and the King of Spain become Absolute she her self would be in Danger of him He saith this is ipsa Ratio Imperiorum See Grot. de Jure B. P. II. 25. 8. And Pufendorf de Jur. Nat. Gent. VIII 6. 14. ending See Grotius de Jure Belli Pacis II. 20. 40. Especially when also Religion is concern'd Justinian Coll. VI. 7. 4. It is for this Cause that woâ—â—â— have made so many Wars in Africk and Italy namely for Orthodoxy in Religion and for the Liberty of our Subjects Bishop Bilson of the true difference between Subjection and Rebellion Oxford 1625. p. 381. in the Margin has this Position Princes who bear the Sword may lawfully wage War for Religion i Grot. de Jure Belli Pacis II. 20. 48. k See Concil Lateran IV. Canon 4. that it is every Prince's duty to persecute and that in Case he neglect it he thereby forfeits his Dominions See the Oath that every Popish Bishop takes in the Pontisicale Romanum It has these words in it I will persecute all Hereticks and Schismaticks Rebells to our Lord the Pope and will fight against them to the utmost of my Power Suarez de Legibus III. 5. 8. ending Saith Heathen Kings cannot be deprived of their Power by War unless they abuse it to the injury of Christian Religion or the destruction of the Faithful that are under them as is the constant Opinion of Divines Meaning of them in the Roman Church Again III. 10. 6. If Insidels have the Faithful for their Subjects and would turn them from the Faith or Obedience of the Church then the Church has just Cause of War against them
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