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A52748 The case of the Common-wealth of England stated, or, The equity, utility, and necessity of a submission to the present government cleared out of monuments both sacred and civill, against all the scruples and pretences of the opposite parties, viz. royallists, Scots, Presbyterians, Levellers : wherein is discovered severally the vanity of their designes, together with the improbability of their successe and inconveniences which must follow (should either of them take effect) to the extreme prejudice of the nation : two parts : with a discourse of the excellencie of a free-state above a kingly-government / by Marchamont Nedham, Gent. Nedham, Marchamont, 1620-1678. 1650 (1650) Wing N377; ESTC R36610 87,941 112

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death it turned to the Churches advantage the succeeding Pope seizing upon all as Heire of Borgia's Usurpations founded upon blood and treachery After this Pope succeeded Iulius who finding the Church thus made great the Barons of ●ome quite extinct and their Parties worn out by Alexanders persecutions found also the way open for heaping up moneyes never practised before Alexanders time wherewith acquiring Forces he endeavoured to make himselfe Master also of Bolonia to extinguish the Venetians and chase the French out of Italy in most of which Designes he gained happy successe And thus you see how his Holinesse himselfe came by a Title to his Temporall possessions yet as among the Iewes none but the high Priest might enter the Sanctum Sanctorum so the Roman high Priest that none might presume to enter upon his Territories hath ever since gilded these magna latrocinia these great Robberies with the faire Title of Saint Peters Patrimony so that having intailed it on himselfe first by the sword of Peter it hath been the easier ever since by vertue of the Keyes to lock the right Owners out of possession Out of Italy let us passe into France and there we finde Charles the seventh who when his Title to the Crowne was adjudged in Parliament lesse valid than that of the Queen of England appealed to his * sword as the only Protector and Patron of Titles Of this Truth the Realme of France is a most sad example at this day where the Tyranny of their Kings is founded and preserved by force not only upon the shoulders of the Peasant but on the destruction of their ancient Princes and the majesty of Parliament which retaines not so much as a shadow of their old Liberty What is become of the Dutchies of Normandy Britany Aquitaine Burgundy c. what Title had the French Kings to those Countries til they worm'd and worried out the right Owners by Force of Armes What Claim had they to this absolute Domination over Parliaments but Tyrannicall usurpation yet Lewis the † eleventh gloried in the Action as if the Fleurs de Lys never flourished so well as when they were watered with the blood and tears of the People For according to the antient Constitution that Kingdome retained a mixture of Aristocratical power so that the then supreme Court of Parliament at Paris had a principall share in the Government and nothing was imposed on the People but by the Consent of their Deputies But now having been mined out of their Authority by the powerfull Incroachments of their Kings and being overawed by armed Powers held continually in pay for the purpose their Authority is defunct and their common Interest in the Affairs of the Publique translated into a private Councell d' Estat which depends upon the meer will of the King And so the Parliament of Paris which was once the Supreme Councel having surrendred its Title to the Sword of the King serves now onely for a petty Court of Judicature and a meer Mock-show of Majesty Thus we see the French King's Title to what he holds at home and if we look abroad he hath but the same Right to what he got in Catalonia and Flanders And yet we must needs say it is as good every jot as that of the Spaniard whose best Plea is that his Theeveries there have been of a longer Prescription And upon the same Termes of late years They have both laine at Catch for the Dutchy of Savoy and severall parcells of Germany Here likewise I might sift the Title of the Family of Oldenburgh the stock of the late King to the Crown of Denmark and of Denmark it self to the Dutchy of Holstein but to bring this discourse to a Period I shall draw nearer home and make it as clearly appear likewise that the Power of the Sword ever hath been the Foundation of all Titles to Government in England both before and since the Norman Conquest First the Sword of Caesar triumphed over the Liberties of the poor Britaines and gave the Romans here a Title to their Dominion Afterwards their Liberty returning again when the Roman Empire fell to pieces a new Title was setled by the Sword of our Progenitors the Saxons who submitted for a Time upon the same Terms also to the Danes till the Saxons impatient of the yoke out-acted by way of Precedent the Parisian Massacre or Sicilian Vespers and made use of their Knives instead of their Swords to recover their own Title against the Danish Tyranny Now if in these nationall revolutions of Government I should examine those also of the Regall Families we cannot from any examples produce more pregnant Instances concerning the Transitions of Title from Family to Family meerly upon the accompt of the Sword But I wave those and will take a view of our own Affairs at a lesse remote distance and see whether William the Conquerour translated the Government upon any better Terms into the hands of the Normans And upon examination it appears he had no better Title to England then the rest before mentioned had at first to their severall Countries or than his Predecessor Rollo had to Normandy it self For about 120. years before it hapned that this Rollo issued in the head of a barbarous Rout out of Denmark and Norway first into the Dutchies of Frize and Henault afterward he seated himself by force in the possession of Rohan in a short time of all Normandy and missed but a little of the Conquest of Paris From him this William was the sixth Duke of Normandy who though a Bastard legitimated his Title by the successe of severall Battels against six or seven of his Competitors more clear in Bloud than himself by which means having secured his Claim at home he became the more confident to tempt his Fortune with a design upon England As for any Right to the Crown he had none save a frivolous Testamentary Title pretending that it was bequeathed to him by the last Will of his Kinsman K. Edward the Confessor upon which pretence he betook himself to Armes and with a Collection of Forces out of Normandy France Flanders and other Countries landing in Sussex he gave Battel at Hastings and established himself a Title by Conquest upon the destruction of King Harold and of the * Laws and Liberties of the Nation as may be seen in all our Chronicles After him his Sonnes the two succeding Kings William Rufus and Henry the first made good their succession by the Sword against Robert their elder Brother as did King Stephen a stranger against Maud the Empresse the right Heire of that Henry Next to Stephen succeeded Henry the second the Son of Maud who as Heir of his Predecessors way of Usurpation Quarter'd the Armes of England with the Lordship of Ireland by the Sword as his Successor Edward the first by the same means cemented the Principality of Wales to the Kingdome of England with the
Blood of Leoline and his Brother David the last of the Welch Princes Next Edward the second was forced by Armes to surrender his Right to his Sonne Edward the third whose Grand-child Richard the second was in like manner by force of Armes deprived by Henry of Lancaster whose Sonne Henry the fifth made good not onely that Title but craved out a new one with his Sword to the Crown of France in defiance of the Salick Constitution and left it so confirmed unto his Sonne Henry the sixth that he was Crowned King of France at Paris and so continued till Fortune turning his Title was Cancell'd there by the Sword of the French as it was likewise in England by that of Edward the fourth whose Sonne Edward the fifth left the Crown in the bloody hands of Richard the third from whence it was wrested by Henry the seventh This Henry from whom the late King derived his Claime came in with an Army and as one hath well observed by meer Power was made King in the Army and by the Army so that in the very Field where he got the Victory the Crown was set upon his Head and there he gave Knighthood to many of his Commanders Upon this Foundation of Military Power he got himself afterwards solemnly Crowned at Westminster And soon after upon Authority thus gotten he called a Parliament and in that Parliament was the Crown entailed upon him and his Heirs Thus both his Crown and his Parliament were founded upon Power As for any just Title he could have none for he descended from a Bastard of John of Gaunt which though legitimated for common Inheritances yet expresly was excluded from Succession to the Crown And for his Wives Title that came in after his Kingship and his Parliament which had setled the Crown before upon him and his Heirs And he was so far from exercising authority in her Right that her Name is not used in any Laws as Queen Mary's was both before and after her Marriage with the Spanish King Now having made it evident out of the Histories of all Times our own and other Nations that the Power of the Sword ever hath been the Foundation of Titles to Government it is as clear likewise out of the same Histories that the People never presumed to spurne at those Powers but for publique Peace and quiet paid a patient submission to them under their various Revolutions But it were vain to raise more dust out of the Cobwebs of Antiquity in so limpid a Case confirmed by the Practises of all Nations Look nearer our own Times into the warres of Germany and those betwixt the French and Spanish of late Time in Catalonia and Flanders one while you might have seen the same Town uuder the Power of the Emperour another while under the Swede this year under the French the next under the Spaniard and upon every new alteration without scruple paying a new Allegiance and Submission and never so much as blamed for it by the Divines of their own or any other Nation Moreover none can deny but that as Henry the seventh and the rest before mentioned came into this Kingdome by meer Power without Title of inheritance so the whole Body of this Nation as one observes swore Fealty and Allegiance to them and obeyed them whilst they ruled yea doth yeeld subjection to those Laws until this very day And the learned in the Laws do continually plead judge justifie and condemn according to those Laws So that herein the very voice of the Nation with one consent seems to speak aloud That those whose Title is supposed unlawfull and founded meerly upon Force yet being possessed of Authority may lawfully be obeyed Nor may they onely but they must else by the Judgement of Civilians such as refuse may be punished as seditious and Trayterous the Victors being ever allowed Jure gentium to use all means for securing what they have gotten and to exercise a right of Dominion over the Conquer'd Party Whosoever therefore shall refuse Submission to an established Government upon pretence of Conscience in regard of former Allegiances Oaths and Covenants or upon su●position that it is by the Sword unlawfully erected deserves none but the Character of peevish and a man obstinate against the Reason and Custome of the whole world Let his pretence be what it will Resistance in the eye of the Law of Nations is Treason and if he will needs perish in the Flames of his own phren'tick Zeal he can at the best be reckoned but the Mad-mans Saint and the Fool's Martyr Nescio an Anticyram ratio illi destinet omnem CHAP. III. That Non-submission to Government justly deprives Men of the benefit of its Protection IF at any time it seem good to the wise disposer of States and Kingdoms who puts down one and sets up another to permit the expulsion of such as were formerly in possession and admit others in their places it cannot in reason be expected that those which refuse obedience to their Authority shall receive the Benefit of Protection and that for severall considerations First because Protection implyes a Return of obedience and Friendship from the persons protected to those that protect them otherwise they put themselves into the condition of Enemies and by the Law of Nations which indulges a liberty unto all that are in power to provide for their own security they may be handled as Publique Enemies and Out-lawes wherefore in this Case so little of protection is due to them that they may be punished as Traitors by some shamefull Execution And it appears out of Grotius in case of Non-submission to new Lords after a Victory the Throats of every Re●user are wholly at their mercy and all this De Jure Secondly there being a necessity of some Government at all times for the maintenance of Civill conversation and to avoid Confusion therefore such as will not submit because they cannot have such a Governour as themselves like are in some sense meer Anarchists and destroy the two main ends of all Civill Communion The first whereof Aristotle sets down to be Publique Safety in relation whereunto each Member of the Commonwealth is concerned to have a care of the whole The second is Publique Equity for the Administration of Justice encouragement of Vertue and punishment of Vice without which it 's impossible to enjoy Peace or Happinesse Where this humour reignes there those two can never be secured nor any politicall ●●taxi● good Order or Tranquillity maintained which is the very Soul of Government forasmuch as say the Civilians the essence of a Common-weal consists Ratione Imperandi parendi in Imperii Subjectionis rectâ ordinatione in a due course of Commanding and Obeying Rule and Subjection From whence say they we may conclude Regere Subjici that Rule and Su●bjection are founded upon the Law both of God and Nature and they must needs be Transgressors against