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A33923 VindiciƦ juris regii, or Remarques upon a paper, entitled, An enquiry into the measures of submission to the supream authority Collier, Jeremy, 1650-1726. 1689 (1689) Wing C5267; ESTC R21083 43,531 52

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our Government which as the Enquirer acknowledges lodges the Militia i. e. the Power of the Sword singly in the King. So that without his Order none of his Subjects can Form themselves into Troops or carry the face of an Army without being lyable to the highest Penalties And whereas he urges That if we have a Right to our Property we must likewise be supposed to have a Right to preserve it He means by Force To this I Answer First That a Man may have an unquestionable Right to some Things which he has no Warrant to recover Vi Armis but must rest the Enjoyment of them with the Conscience and Prudence of another E. G. If the Father of a wealthy Person falls into deep Poverty he has an undoubted Right to a Maintenance out of his Sons Estate and yet he cannot fairly recover it by Force without a Legal Provision for this purpose To bring the Instance nearer home The Right of making War and Peace is an Indisputable Branch of the King's Prerogative yet unless his Subjects assist him this Authority can seldom be exerted to any Successful effect because his Majesty cannot Levy Money which is the Sinews of War without the consent of Parliament Farther every one who is injured in his Property and endeavours the regaining of it by course of Law has without doubt a Right to have Justice done him But if the Court where the Cause is depending happens to be mistaken or corrupted I desire to know whether it 's Lawful for him to raise his Arrier Ban upon such a Disappointment Our Author is obliged by his Principle to say no and therefore he must either Answer 1. That the Party aggreived ought to appeal to a higher Court to which it may be replyed That it 's possible for him to meet with the same misfortune thēre for our Constitution does not pretend to any Insallible or Impecable Judges 2. His Second Answer must be that this is a Private Case and therefore a Man is bound to submit to ill usage rather than disturb the publick Peace But to this I return that we may suppose a general failure of Justice through Subornation Bribery c. and then the Oppression will be of a publick and Extensive Nature and yet if a grievance of this Magnitude should continue unredress'd after complains our Author will not allow us the benefit of any rougher Methods for he frankly tells us That it 's not lawful to Resist the King upon any Pretence of ill Administration in the Execution of the Law. Pag. 14. so that by his own Argument we may have some very considerable Rights which it 's not justifiable to demand of the Government with a drawn Sword. Secondly This Liberty of Resistance dissolves all Government For as I have already Observ'd when every man is the Judge of his own Priviledges i. e. when he is made the Authentick Interpreter of the Laws and may use all the force he can get at his discretion against the State he is then most certainly to be govern'd by no body but himself And therefore Thirdly This Liberty must be the worst security for Peace and Property imaginable as I shall shew more at large by and by As for his limiting Resistance To plain and visible Invasions This is a very feeble Remedy against Confusion For since every one is made Judge of the Evidence and the generality are naturally over credulous and apt to believe ill of their Governours when designing Men have once impos'd upon their understandings and almost har'd them out of their sences then every thing will be plain to them but their Duty Thus it was plain that Charles the First intended to introduce Popery though possibly never any Person since the Reformation gave ●etter proof of his Adherence to the Church of England than that ●rince Thus likewise at the beginning of this present Revolution it was plain to the greatest part of the Nation that his Majesty had made a League with the French King to Extirpate the Protestants and their Religion Though now the World sees there never was a more Malicious and unreasonable Calumny invented But though Reports of this Nature are never so monstrous and nonsensical yet at this rate we shall never want a Demonstration for a Rebellion as long as such loose Principles as the Enquirer advances are allowed His Thirteenth Section contains nothing but Objections which to do him Justice are fairly put considering the small compass they are drawn into How well he gets clear of the Difficulties he was sensible of the Reader must judge for now we are coming to his Fourteenth and Dead doing Paragraph in which he offers to take off all the Arguments which are made for Non-resistance Now before I reply distinctly to his Answers I shall endeavour to offer something more than I have urged already in Consutation of his main Principle And here it 's not amiss to observe That the Enquirer in his Ninth Section Makes the Measures of our Submission much shorter than those of the Ancient Christians because Our Religion is Established by Law. By vertue of which Distinction he makes our Faith fall under the consideration of Property and from thence concludes by Implication That we may resist our Prince in defence of it But we are to consider though our Religion has a legal Settlement yet we have no Authority to maintain it by Force Nay our Laws are express as it 's possible against all manner of Resistance as himself acknowledges Now the Law is certainly the Measure of all Civil Right and therefore to carve out our selves a greater Security than the Law allows is Destructive of all Government If the Mobile get this hint it 's to be feared they will give him no occasion in their Second Expedition to admire them for Burning and Plundering with so much Temper and Moderation Further he grants by Consequence That the Roman Emperours were irresistable For I don't find that he allows the Primitive Christians a Liberty of Resistance though they were invaded in their Lives and Properties as well us in their Religion Now if these Emperours were irresistable I desire to know what made them so if he Answers the Laws I Reply That the English Constitution is as full against taking Arms to oppose the King as is possible If he Replies That it was unlawful to resist the Roman Emperours because the making of Laws was wholy in their own Power but where the Legative Authority is partly in the King and partly in the People the Case is otherwise To this I Answer That the Division of the Legislative Power does not weaken the Obligation of a Law when all the Distinct Authorities concur to the making of it E. G. I Question not but our Author will grant that the English Laws though the People have a share in Enacting them are as perfect and ought to be as inviolable as those in Turkey where all depends upon the Princes Will Therefore if the