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justice_n according_a good_a law_n 2,744 5 4.6392 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A49899 The true notion of government shewing, I. The original of government, II. The several forms of government, III. The obligations betwixt governours and governed : in vindication of kingly-prerogative / by T.L., gent. T. L., Gent. 1681 (1681) Wing L82; ESTC R25129 14,240 37

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Subjects his Authority upon breach of those Obligations though it hath frequently been practis'd yet ought by no means to be asserted For as it doth not at all follow that because Princes are not subject to their Subjects therefore they are free from all Subjection So neither doth it by any means follow that because they are not free from all Subjection therefore they are subject to their Subjects For Princes are tied and circumscribed in the exercise of their Power by Laws yet it is not to be understood that they are so restrained by the Efficient and Compulsive part of them but by the Exemplary only For all Laws contain in them two special Causalities the one Efficient and Compulsive whereby a Civil Penalty being denounced and impending over the Head of the Infringers thereof they are liable to loss either of outward Goods or Life itself according to the Merit of the Offence The other Causality is Exemplary whereby a Form and Rule is prescribed directing those that are guided thereby to the observation of Justice and Equity as well to Publick as Private Good and to this Kings are no less bound than Subjects they ought to observe entirely and religiously these sound and profitable Laws and that upon pain of Gods Difpleasure But surely it cannot consist with the Laws of God of natural Justice or Nations to inflict Punishments on Princes Sovereign Not but that the Breach of Laws Murder unjust Spoils c. are as great or greater Crimes in them than others But because there can be no just Execution of Punishment upon them For all Penalties must be justly inflicted or else they are mere Injustice though the Persons upon whom they are inflicted never so much deserve them Now there is none can execute any Malefactor without Authority from the Supreme Power of the Sword and there can be butone proper subject of this Power at least in Monarchical Governments Who then can with any pretence of Justice or Legality execute any Penal Laws against his Prince Who can Authorise them for such an Attempt Or give them power even to think I wonder then at the preusmption of those who dare lift up the least of their Fingers against their Soveraign though but to the falling of one Hair from his Head But though this be so great so necessary and so convincing a Truth Yet the Multitude will find a way to slip the yoak off their own Necks and put it upon that of their Leaders they will say Princes were made for them and may too be made by them but yet they 'll bear such Reverence to their King that they 'll maintain Him and his Honours whilst he maintains them and their Priviledges but it is unreasonable to suppose they should do it any longer that they should tamely laydown their Necks and let him tread and insult over them is no Duty of Subjects In short they will be obedient to his Rule while he is so to their Humours which are very apt to rise upon the suspition of the growth of Tyranny or Alteration in Religion either of which they assert is an account warrantable enough to justifie the greatest Sedition But whether it be so or no let us examine And first for Tyranny And here first let us see supposing Tyranny to be a just Plea for Defection whether they understand it aright and do not often mistake the thing and look upon that to be Tyranny which is not so and so raise infinite Commotions upon no account at all and this we may find them very apt to do For they look upon any sort of Plenipotency or Illimited Power nay and Limited too when they have a mind to it immediately to be Tyranny affirming that it is not separable from some sorts of Government and that One Man is not capable of such a mass of Power without too near an approach to that kind Upon these slender Apprehensions they will begin to think Treasons and in little Surmises hatch Seditious Opinions in their Minds and then proceed to talk and in Scandalous supposed Politicks diffuse their Poisons till at length having warmed themselves into a Temper fit for Action they 'll not scruple to perpetrate the greatest Rebollions But that all this is extreamly Unjustifiable will appear from their Misunderstanding of Tyrannical Government and moreover that supposing this was manifest Tyranny they were yet not to be justifyed As to the first They most egregiously mistake the Notion of Tyranny by supposing it to be an inseparable concomitant of Monarchy For there is no such thing as Government in it self Tyrannical Tyranny being but the Abuse an unjust Exercise of Power to which any Power is as obnoxious as Monarchical And I cannot see why the Government of One should not be as far from it as that of Many the Laws here being commonly as kind and benigne as there or at least may be and we may find the Yoke of Obedience as heavy where Liberty is most asserted among the credulous Multitude among whom a bold Affirmation of Freedom goes for the thing it self But supposing it otherwise that Monarchy is of so near a kin to Tyranny nay and that the Prince were an apparent Tyrant the People indeed are unhappy who are under his Rule and to be pitied but no ways to be remedied by their own Force the Nature of Government forbids it and God himself has nowhere allow'd it but has always taught his Servants Obedience unto the most enormous of Princes I canthen no ways commend that so highly applauded Action of Junius Brutus with his Accomplices in Deposing Tarquinius his Lawful though Cruel Soveraign which though it lookt like Heroick and was agreeable to the discontended Humours of the People yet without doubt was unjust and wicked But much more was he to be blamed for not only Deposing the King but the Government too For the Government being abused cannot be in fault or for any Miscarriages of the Prince or any external accident lapse to any other For any Government may be so abused as is apparent in Junius himself who expelling his Prince who Reigned by lawful Power and Title Usurped a Power to which he had no Title and then proceeded to an Act of as great Tyranny as the Deposed Prince had ever done viz. The thrusting out his Equal and Colleague because possibly he might have committed an Offence not that he had And this is the Changing Kingly Government to that of Many Which however it may be Disputed seldom proves more favourable to the People than the other and surely then it is better living under One Tyrant than ten Thousand under a Wise Man that is Cruel than under the foolish and barbarous Cruelty of the Multitude The Tyrant is like a Whirlwind whose Fury may overthrow some may destroy here and there a Tree a stately Cedar or single Town but the Deposing this Tyrant and the Anarchy which follows it destroys whole Cities unpeoples and lays waste Countries makes