Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	law_n	nature_n	reason_n	3,046	5	5.4661	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70553	The thoughts of a private person, about the justice of the gentlemens undertaking at York, Nov. 1688 wherein is shewed, that it is neither against scripture, nor moral honesty, to defend their just and legal rights, against the illegal invaders of them : occasioned then by some private debates, and now submitted to better judgments.	Leeds, Thomas Osborne, Duke of, 1631-1712.	1689 (1689)	Wing L923A; ESTC R15799	20,236	31

Horse-race there or had a mind to have a Bonefire because he had won one that the Inhabitants might not resist them Obj. 5. By what Law Not by the Law of the Land Answ Yes By the Law of the Land a Petty Constables Word would justifie Resistance better than the Kings Commission could justifie the illegal Attempt But suppose there were no Person that had the least Authority and that the resistance could not be within the prescribed Form of Government yet because the force is an unauthoritative force and because there is greater necessity of the End of the Government than of the Form Men may by the Law of Nature and the Law of Reason proceed to the End not without all Form but without the Political Form for those proceedings that are according to Reason are not simply under no Law but under a more extensive Law and that Law justifies resistance even of Superiors when there is no other way of defence left the People If the Case will admit of Intreaties or sober Counsels or legal Appeals they are to be used but if there be no rooms for these or if they take no place but illegal force be used that force may nay must be resisted or evil is consented to For he that will not serve the Publick by that means when there is no other does actually consent to the ruin of it He that has his House on fire and will not stir to quench the flames though he be able is willing sure it should be burnt The Rules of Prudence indeed are to be observed for if there be no probability that resistance will prevent the Evil the attempt is Folly and if resistance will do more harm than good it is inserviceable and if there be any other means effectual it is unreasonable for it ought to be the last refuge and then if the Cause be Good Necessity justifies proceeding to the End Not by illegal Means but by suspending the Political Form and appealing to the Reason of Mankind and introducing the Law of Nature And this is no more then when Judgement at common-Common-Law is reversed in Chancery the Form of the Law gives place to Equity and sound Reason Obj. 6. But is it Rebellion Answ I Answer Rebellion is resisting the just Power of the Government and if so then it is no Rebellion to resist the unjust and usurped Power for then it would be Rebellion to resist Rebellion and there could be no such thing as a just defence against the exorbitant Power of Princes and then the King might Commission a Captain or a Collonel to role up and down in the Country and Plunder and it would be Rebellion in the Posse Com. at least in any Private Family to resist them And a private Commission to cut our Throats would tye our Hands till the business were done But the resisting such Force as has neither Moral nor Political Power is no more Rebellion than to fight against a Wild Beast that came with Strength but no Authority to devour them The Papists indeed have taken up Arms without and against the just Power of this Land not only against the Form of Law but to the overthrow of the Laws and Fundamental Rights of this Government directly against the Letter the Power and the End of the Law which is as inslaving to the Subjects as an usurping Conquest and it is no more Rebellion to resist them than Wat Tyler or Jack Cade They are Rebels who Arm against the Government not they that defend it by Arms. Obj. 7. But this is to usurp the Power of the Sword which by the Frame of the Government is wholly in the King's Hand Answ The Political Power of the Sword indeed is in the King but that does not devest the Subject of all defence by Arms but only of such defence as is against or inconsistent with the Political Power If force be offered that wants Political Power whoever does it does it but in the Nature of a private Person and private Persons may resist such The Right of Self defence is a precedent Right to all Policy and every Man has so much of it still as is not given up unto the Political Power he lives under They therefore that have given themselves up to be govern'd by Law only have Right to defend themselves not only against the private Assailant which is allowed in all Governments but also against illegal Force And this Resistance is no Usurpation upon the Magistrates Power because it is not an Act of Civil Authority but of Natural Right And if thousands joyn in the Attempt they are all Volunteers a Multitude but no body Corporate and such as challenge no Authority over those they resist but deny Subjection to such unauthoritative Force For such Force wanting Political Power has no Power but Strength and Strength authorizes none to injure but Natural Right authorizes every one to defend himself so that in this case the Resister has a moral Power or Warrant but the illegal Invader none at all Obj. 8. But the Resisters ought not to do an unlawful Act to suppress such illegal Force Answ I Answer That Act is not simply Unlawful that wants Political Power the Law is made for the publick Good as the End and therefore if the prescribed means be not sufficient for the End the Law permits that other reasonable means be used otherwise People might dwell upon the Shadow till they 've lost the Substance The Posse Com. ought not by the prescribed form of Law to go into another County but if the other County at that time had no Sheriff whereby the power of that County could not be raised to defend it self or if there were Ships in the Borders of the next County to which the Plunderers might escape if they were not hotly pursued I question not but the Posse Com. might do a commendable Act to pursue them and take them in the next County The Law was made for the publick Good and not the Publick Good for the Law and therefore when the Law cannot answer its own End or prescribes ineffectual Means any just and honest Means may be used and this is not destructive of the Law but suppletory not a violating the Form prescribed but an improving it And though a Man may be called to account for doing a Good Act in such a manner I suppose it is but to know the Truth of the Matter and to preserve the Reverence of the Laws for he is already cleared in his own Conscience and in the Breasts of all Good Men and a Pardon in that case does but declare it is so and ought of Right not of Grace to be granted For it is not necessary in respect of any Crime but in respect of some defect in the Law which had not made sufficient provision for the Publick Good. Obj. 9. But it is against true Allegiance and an Oath must be kept though it be to our own hurt Answ True Allegiance

Inventions But this hazard must be run rather than a certain change admitted Resisting Illegalities and Misgovernment is the way to preserve Government and as long as the King is safe and his just Power and Prerogatives the Government is in no danger and there is not the least Collour imaginable that those that have surrendered their Offices and Honors the Court and the King's Favour for preserving the Government and are now ready to hazard their Lives in defence of it will ever alter it No their design is to preserve it a greater Evidence of which they could not give at present than to petition for a Free Parliament Obj. 17. But this casts dirt upon the Frame of the Government leaving room for perpetual quarrelling Answ Neither this nor any other Government that I know of affords absolute means of Peace and Preservation The Government is effectual enough so far as it reaches but it is not extensive enough If the Monarch were Arbitrary then no Cause could introduce Resistance the Nation might be at Peace but the Subjects is could not be safe and Liberty and Property would be lost Therefore if Safety Liberty and Property be worth the preserving they must be defended when Wicked Men would wrest them from us The Constitution of this Government is such That if the King and Parliament or the King and the Subjects differ about Fundamental Rights they have no way to reconcile the difference but by their own Consent If the King without the Parliament could determine the difference he would be Arbitrary and if the People of the Parliament could determine it without him they would be Supream and then it could be no Monarchy and if the Judges had the determining Power they would get the Supremacy from both and if a Foreigner were to decide the Matter he would seek his own Advantage so that they must either condescend for Peace sake to one anothers Proposals so as not to destroy the Government or they must suffer the Grievance and let the Quarrell fall for a time till the injurious can be worn to a compliance or they must fight it out for that is their going to Law the Souldiers are their Jury-men and Victory is their Verdict For the Question is not about breach of Government but whether that be the Government or no and seeing this Cause transcends the Executive part of the Government it cannot be decided by Legal Process but by Law-makers and if they cannot agree Men are at liberty to joyn with that side they judge in the right Reason and Conscience must be their Guide the Law cannot and they that proceed on this ground are their own Warrants on either side for neither have a Legal Power to determine the other Therefore the Power of Judging is neither Authoritative nor Civil and so argues no Superiority in those that Judge but only a Power residing in reasonable Creatures or judging of their own Act of which they never were devested by any Lawful Authority and therefore may lawfully use upon such Occasions and though the Government does not warrant a Civil War in such a case yet the End and Reason of this Government does For it being fram'd to prevent the exorbitant Power of the Prince for the publick Good he that fights for the publick Good againg an Usurped Power or an Arbitrary Invader of the Governments Rights is justified by the design and intendment of the Frame and consequently by the equity of the Government though not by any Prescribed Form. For seeing many things are morally Honest and Profitable that are not reduced into positive Laws Men cannot proceed to those things if at any time they become necessary by prescribed Forms of Law because they have none and so in this case the question being not about Breach of Law but what is Law. And the Law not able to satisfie both King and People each claiming contrary Rights from the same Laws the Decision of this Case though it be very Good and Profitable for this Nation yet has no prescribed form of Law to direct us to and therefore both King and People are to proceed according to moral Honesty to the end of the Government that is the publick Good. The conclusion of all which is That seeing resisting of Illegal and Arbitrary Forces in defence of the Laws and Publick Interest of the Land is not against the Scriptures and consequently no Sin nor against moral Honesty and consequently no Crime not against Law but Law-breakers not against true Allegiance or any Prerogative of the Crown no Rebellion no Usurpation of the Sword nor Criminal Disobedience and not incommodious or unsafe for the Publick in respect of the impendant Injuries and Hazards it remove nor inconsistent with the Frame of Government which cannot otherwise decide and Obstinate difference betwixt King and People I cannot but conclude it is a very Worthy and Virtuous Act to be in Arms for defence of the Laws the King 's just Rights and the publick Good and consequently that those Gentlemen who are in Arms for defence of our Laws Liberties and Lives against Illegal Forces Arbitrary Commands and Usurped Powers are in a Virtuous Post For if the Subjects Rights might not be defended by this means it would be all lost it being all one in these days to have no Right and to have no sufficient means to defend it The Doctrine of Non-resistance plainly puts all we have into an ill King's Ilands and the good Ones will scarce part with what they are apt to love so dearly and we parted with so freely should we therefore Preach this Doctrine to our Princes and tell them that they might take what we have without danger or opposition we should teach them to try our Patience if all must be referr'd to their Consciences they will soon without the help of a Jesuite find case enow and cause enough to secure that and leave the examination of them to the latter Day hatred of our Persons love of our Estates disgust at our Words or Actions or dislike of our Religion will soon judge us unworthy of our Liberty and Property as well as i● has already done of our Offices Honors and Preferments Passion and Scorn Pride and Ambition Covetousness and Prodigality would all prey upon what we had with a quiet though not with a good Conscience but especially if the King were Poor and Necessitous either by wilful Profuseness or Negligence for Nature would even tell him in such a Case That we had all better want than he and then farewel Property the worst you could do him was but to pet and cry a bit and perhaps that might become a Pleasure to him too and then you had nothing to rest on but that God would give you the Kingdom of Heaven for beggering your Selves impovershing the Church and giving what you had to the Devils Service an ill ground for such costly hopes to stand upon 2. This Doctrine renders Government prejudicial to the greatest part of Mankind depriving them of all just defence For the Illegal Force bars them of Legal Defence and the Doctrine of Non-resistance bars them of Corporal and so Man under one of the best Governments in the World is left Naked in the midst of Savage Beasts for homo lupus and must not though be able make any defense for himself Thus all the Rights of Society and Nature are sacraficed to the lust and age of a Wicked King and his Evil Instruments and the Body Politick is really in a worse condition than an unlimitted Multitude for they may defend themselves if they will against any Enemy but these have an Enemy and may not defend themselves though in never so just a Cause and what is worst of all must hold their own Hands whilst others cut their Throats Lastly This Doctrine would make all Monarchs Arbitrary Monarchs and a like in effect for if the Subjects may not nor ought if they were able resist the Prince any further than by refusing to joyn with him then he were Arbitrary and might do what he pleas'd without opposition he had but a Moral restrant and the most absolute Monarch had that upon him and all limitations in the Fundamentals of Government would be idle and superfluous because they contained only such Rights as others might take faom us at Pleasure and we might not defend or oppose But the end of limitted Monarchies is not that the Monarch might not Lawfully or Rightfully oppress for an Arbitrary Monarch is bound to all that But the end of all limitations in Government is that the Prince may want Means as well as Right to oppress that he may not be able to injure the Subject at all either Lawfully or Unlawfully they are limitted to govern by Laws that they may want Means as well as Right to include the Subjects Property But the Doctrine of Non-resistance gives them Means for a Temptation and is indeed but a fair Bait to draw them into a Snare FINIS

Practice of the Jews and the Primitive Christians and the Subjection of Servants but nothing to the purpose for their Case is not ours more than their frame of Government is ours their Servants were Slaves and their Kings and Emperours Wills were their Laws their People had no Magna Chartaes to show nor Fundamental Compacts and so could plead no injustice in any command the frame of the Government Warranted all those commands that had the Royal pleasure Their Political Power was more extensive than their Moral Power The People were wholly at the Mercy of the Prince All their Laws were Acts of Grace not fundamental Reserves and inherent Rights and therefore in Spirituals they had no Cause to resist and in Temporals they might not as was observed above If they had been under limitted Governments as we are we might have heard of Blows as well as Words St. Paul was never so virulent with his Tongue as when he was smitten contrary to Law. Obj. 3. But the Person of the King is Sacred and must not be touched Answ I say so too but it is his just Power that makes him so And therefore in dangerous times he is to be counselled and perswaded to secure himself by keeping within the Sanctuary of the Laws and holding them forth for the Publick Good by gaining the Affections of the People and being content with that measure of Power that is proper to the Government For if he do not Right may and ought to be defended and resistance for the Publick Good of Illegal Commission'd Forces is not resisting the King's Person but his Forces not his Power but his Force without Power If none would execute the King's contradictory Commands none would resist and if he will against all Justice Prudence and Perswasions joys with wicked Men and wilfully expose himself to the mercy of blind Bullets charge is to be given to all that none kill him wittingly or wilfully the hand that lifted him up may not pull him down God forbid that any should think of killing him de industriâ or despair of his repentance before God does nothing past can prejudice a Penitent before God and I hope not before Men thus the King's Person and Power will be safe in the midst of a Civil War not so safe as in peaceable times but as safe as can consist with the Subjects Right when their Religion and Laws Liberty and Property are Violently invaded And therefore if any thing befall his Person by their hands it is but a chance and accidental thing which may happen also in peaceable times This shows that Resisting the King 's illegal commission'd Forces in defence of their own Rights is not Resisting the Ordinance of God and consequently no Sin and then the Conscience is not tyed otherwise than the Laws of the Land and the particular Frame of the Government tyes it Obj. 4. But to resist the King or his Commissioners is against the Frame of the Government it being a Monarchy and against the Laws and Statutes of the Realm Answ If it be so it is a great Sin but as it is certain this is a Monarchy so it is certain that it is limited in the Foundation otherwise the King would have all the Legislative Power and the Parliament no Authority or Right but derived from him and then he must be Arbitrary and we Slaves and all our Laws must be Acts of Grace not Fundamental Rights Not from any inherent Power refereed at the Institution to our selves and never submitted to the Prince but from the Gracious condescention of an Absolute Monarch which is contrary to the Story of all times which shows that the People ever claimed Liberty and Property according to their Ancient Laws and Customs not as a Gift but as a Right inherent in themselves and never Transferred Aliened or Conveyed to any King but Declared Recognized and Confirmed to them by many I shall therefore suppose what I thick none can upon sufficient grounds deny that the King is bound by all the sacred Tyes of God and Man to Govern by the Laws and not otherwise neither by a Foreign Law nor by one of his own framing nor by any Word or Will contrary to Law seeing nothing can have the force of Law here but what has the joynt Consent of King and Parliament and that in a Parliamentary way and this shows us in Terms of Submission that are sworn to on both sides The King and the People by a joynt consent makes Laws and make them the common Rule betwixt them the King swears to observe the Laws and the People swear to obey the King and to leave the Execution of the Laws to the King to be managed for the publick good Therefore as long as he Governs by Law he and all his Ministers are safe enough from Resistance the Resister being lyable to be punished both by God and Man and the sole administration being left to the King Subjects all but himself to Criminal Process and even himself to Civil but his Person and Power are safe in both he may be severe in the Execution of the Laws many times but not unjust As if he will not suspend a Burthensom Law or Revive an Antiquated one when the Publick good requires it This may render him uncharitable or imprudent but he is safe yet For though he be bound to proceed according to Law yet he is not tyed to proceed always according to the best Methods when there are diverse But if he stop the Courts of Justice erect new ones or proceed contrary to Law he Acts without Authority and against his own Authority and puts on a kind of a Vizard that his Subjects can neither know him nor their Duty for it is the Laws that direct them to the Person of the King and their own Duty without which they could know neither And if the End be not the Publick Good it is downright Injustice as well as politically Powerless Necessity indeed may justifie a Political unlawful Act for the Publick Good. As in case of an Invasion to burn a Garrison rather than it should be a refuge for the Enemy or to open Sluces and to drown a part of the Country for though these things have not the form of Law they have the reason and that is Publick Good And therefore it is not Law but Necessity not the King's Command but Publick Good that warrants these Acts. And when Peace returns the Injured are to have satisfaction made by the Publick not as of Charity but as of Justice which shows that the Law looks upon it as a Trespass justified only by Necessity and the Publick Good. And the particular Persons here have reason to be quiet and make no resistance because they shall reap double benefit by it one in the Publick Good and another from the Publick Treasure But it does not follow that if the King in an angry mood should command his Guards to fire Newmarket because he had lost an

must be proportioned to the Frame of the Government and the end of that Frame Therefore if the Frame be to restrain Arbitrary Power the Subject cannot owe Arbitrary Allegiance Allegiance is more in some places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law. It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist Illegal Force When the King of the Scots swore Allegiance to our King it did not deprive him of a just defence of his just Right by taking up Arms if he were opprest And the King of England when he swore Allegiance to the King of France made no scruple to take up Arms against his Liege Lord in defence of his just Rights And the Old Lawyers tells us That the very Villain might in case of Rape and Murther Arm against his Lord and if the Law Arm a Villain against his Lord Subjects are worse than Villains if they may not Arm against their Sovereign Lord's Illegal Forces in defence of their Laws Lives Estates and the Publick Good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they ow'd him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva personâ nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this enough to show that true Allegiance does not tye us from resisting Illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the Word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up Arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God. I must confess it is Politically unlawful for Subjects in any Case or for any Cause whatever to take up Arms against the King and those Commission'd by him because such a taking up Arms here can have no Political Authority But it is Morally lawful in all limitted Governments to resist that Force that wants Political Power The Regal Power is Irresistable in all Persons from the King to the Petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no Political Power to They that have a limitted Power and a prescribed Duty may either Act against or beyond their Commission and when they so do they may be resisted For such Acts have no Political Power in them though the Persons have to other Purposes If a Commission should be granted to a Company of Ruffians to Plunder and Massacre they might have something more of the King's Affections but no more of his Authority than private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an Arbitrary Power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some Moral restraint but under no Political restraint and consequently the Political Frame of the Government must be Arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil Power or Authority in any Case to take up Arms against the King c. But this does not debar any Man of the Natural Right of Self-defence by Private Arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limitted Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God's Power must not be resisted though abused Answ There is a great difference between the abuse of Power and the want of Power and therefore this Argument either supposes the Power greater than it is or concludes ill The King and Parliament have indeed an Arbitrary Power I do not say Infinite but as Extensive as the Frame of the Government will bear and therefore if they make a very grievous Law though they ought not for they are under a Moral restraint though no Political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no Power to burden us beyond or against Law and we may thank our own Weakness if ever we have Strength to do it This shows us there is a great difference betwixt the abuse of Political Power and the want of it Abused Power must not be resisted