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A50410 Certain sermons and letters of defence and resolution to some of the late controversies of our times by Jas. Mayne. Mayne, Jasper, 1604-1672. 1653 (1653) Wing M1466; ESTC R30521 161,912 220

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Humane affaires Lastly that he made and created the World To every one of which foure answers a Commandement in the First-Table of the Decalogue Where the first describes His Unity by forbidding the Worship of other Gods The next his Invisibility by forbidding any Image or Resemblance to be made of Him The third his providence described there by two eminent parts of it His Omniscience by which he knowes the Thoughts of mens Hearts and his Iustice by which he inflicts punishments on those whose Thoughts are disporportion'd to their Oathes and Words The Fourth declares his Omnipotence by which he created the World and appointed the Sabbath to be the Feast and Memoriall of that great Worke. From which speculative apprehensions of him doe spring these practicall That being such a God thus known He is to be Honour'd Lov'd Fear'd Worshipt and Obey'd Now since mens Religion or Worship of God cannot in reason be required to reach higher then their Knowledge of Him for Manifestation is so necessary to Obligation and Duty that if'twere impossible to know that there is a God 't would be no sinne to be an Atheist so if God had never made any second Revelation of Himselfe by the Scripture but had left Mankind to their own Naturall search of Him and to those Discourses of their Mindes by which they inferred that such an orderly frame and Systeme of things where every one works to the good and End of another is too rationally contrived to arise from a concourse of Atomes or to be the Creature of Chance and therefore must have some Efficient Cause higher and nobler then it selfe since it implies a Contradiction that any thing should be it 's own producer yet his bare Creation of the World represents so much of him that without any other Booke or Teacher all Ages have believed that there is a God who made the World and that He hath a Rule and providence going in it This then being so 'T is the Opinion of a very Learned Moderne Writer That if there should be found a Countrey of Atheists or a People of Diagoras Melius's Opinion or of the opinion of Theodorus the Cyrenian whose Doctrine 't was Nullos esse Deos inane coelum That there is no God nor a habitable Heaven But that such Names of Emptinesse have been the Creatures of superstitious fancies whose fears first prompted them to make Gods and then to worship them or if there should be a People found of Epicurus his opinion who held that there were Gods but that they were Idle carelesse vacant Gods who troubled not themselves with the Government of the World but past their time away in an undisturbed Tranquillity and exemption from such inferior businesses as the Actions of Men such opinions supposing them to be Nationall as they are contradictory not only to the Dictares of Naturall Reason upon which God hath built the forementioned precepts of the Decalogue but to that universally received Tradition That there is a Divine power whose providence holds the scales to mens actions and first or last sides with afflicted Innocence against succesfull Oppression so they would be just Causes for a reforming Warre Not only because they are contumelious reproachfull to God himselfe but because being directly destructive to all Religion They are by necessary consequence destructive to Humane society too For let it once be granted that there is no God or which with reference to States and Common-wealths will produce the same irregular effects that he regards not mens Actions nor troubles himselfe with the Dispensation of Rewards and Punishments and the Doctrine of Carneades will presently p●…sse for reasonable That Utility is the measure of Right And that he is most in the wrong who is least able to defend himselfe That Iustice is the virtue of Fooles and serves only to betray the simple and phlegmaticke to the more active and daring In short Take away providence especially the two great parts of it which raigne in the Hearts of men hope of Reward and feare of Punishment and mens worst Actions and their best will presently be thought equall Whereupon Lawes the Bonds of Humane ●…ociety wanting their just Principle which upholds them in their Reverence will inevitab●…y loose their force and fall asunder and Men will be Men to each other in nothing but their 〈◊〉 injustice Oppressions of one another 'T was therefore the politick observation of an Atheist in Sextus Empiricus That to keep men orderly and regular in a Common-wealth wise men at first invented Lawes But perceiving that these reaching only to their outward Actions would never be well kept unlesse they could find a way to awe their Minds within too as a meanes conducing to that end 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one more wise and subtle then the rest invented Gods too Well knowing that Religion though but fained is a conservative of States upon consideration of which harmefull consequences which naturally follow Atheisme and the deniall of Gods providence 't is the opinion of that Author that as 't was no Injustice in those Grecian Citties which banisht Philosophers who were of this Opinion out of their Commonwealth so if there should be found a Nation of such impious perswasions 't would be no Injustice in any other People who are not Atheists by way of punishment to banish them out of he World Though this Sir were the opinion of one whose works have deservedly made him so Famous to the whole Christian World besides the peaceablenesse of his Writings which decline all the wayes of quarrell that to erre with him would be no disreputation to me yet I must confesse to you that I am so fa●…re from thinking 〈◊〉 Warre made for the propagation of Religion how true soever it be is warrantable that in this particular I pers●…ade my selfe I have some reason to dissent from Hi●… and to think it a Probleme very disputable if his supposition were tru●… that there were such a Countrey of Atheists or Epicureans who should 〈◊〉 there is a God or that he 〈◊〉 providence going in 〈◊〉 World whether for that reason only another Nation 〈◊〉 justifi●…bly make Warre upon them For first what should give them Authority to doe so Is 't because men of this 〈◊〉 perswasion doe sinne very grievously against 〈◊〉 〈◊〉 〈◊〉 to be true to the utmost 〈◊〉 of 〈◊〉 that this speculative error in ●…h●…ir Mindes d●… w●…s a practicall errour 〈◊〉 it in their lives which i not to p●…y Worship to a God which either they think not to be or not at all to regard them yet this being but a crime against God the same Author hath answered himselfe in another Paragraph where he saies Deorum in●…ae Diis cura That God is able to revenge the injuries committed against Himselfe Next then is 't because such an Opinion is destructive of Humane Society Truly Sir though I shall grant that saying of Plutarch to be true that Religion which Atheisme
the other for it's Founder But then the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the peculiar Epithet of Monarchy will beare another sence then I have hitherto given it And will not only signifie the King to be Supream for so the Rulers of a Free State are within their owne Territories but compared with other Formes of Supremacy to be the most excellent Monarchy being in it selfe least subject to Disunion or civill Disturbance And for that Reason pronounced by the wisest Stateists to be that Forme of Governement into which all other incline naturally to resolve themselves for their perfection But by Governours in that place understanding as he doth not the Senate in a Free-state but the Subordinate Magistrates under a Prince the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most certainly belongs to the King To whom the Apostle there assignes the Mission of Governours as one of the Essentiall Markes and Notes that He is in His owne Realm Supream And thus Sir having drawne the portraiture of Regall Power to you by the best Light in the world but with the meanest Pencill I know you expect that in the next place I should shew you what Rayes or Beames of this power are Inherent in our King Which being a taske fitter for one of our greatest Sages of the Law then for me who being One who doe not pretend to any exact knowledg in the Fundamentall Lawes or Customes of this Kingdome which are to stand the Land-marks and markes of partition between the Kings Prerogative and the Liberty of the Subject may perhaps be thought by drawing a line or circle about either to limne Figures in the Dust whose ●…ate bangs on the Mercy of the next Winde that blowes the steps by which I will proceed leaving you to the late writings of that most learned and honest Iudge Ienkins for your fuller satisfaction in this point shall be breifly these two First I will shew you what are the Genuine markes and properties of Supream power Next how many of them have been challenged by the King and have not hitherto been denyed Him by any Publique Declaration of the Parliament Sir if you have read Aristotles Politicks as I presume you have you may please to remember that he * there divides the Supream Powere of a State into three generall parts The Ordering of Things for the publique the Creation of Magistrates and the Finall resolution of Iudgment upon Appeales To which he afterwards addes the power of Levying Warre or concluding of Peace of making or breaking Leagues with forraigne Nations of enacting or abrogating Lawes of Pardoning or Punishing Offendors with Banishment Confiscation Imprisonment or Death To which Dyonisius Halicarnassensis addes the power to call or dissolve Comitia or publique Assemblies As well Synods and Councells in Deliberations concerning Religion as Parliaments or Senates in Deliberations secular concerning the State To all which markes of Supreame power a * Moderne Lawyer who only wants their Age to be of as great Authority as either addes the power to exact Tribute and to presse Souldiers In the exercise of which two Acts consists that Dominium Eminens or Dominion Para mount which the state when ever it stands in need And that too to be the Iudge of its owne Necessity hath not only over the Fortunes but the Persons of the Subject In a measure so much greater then they have over themselves as the publique poole is to be preferr'd before the private Cisterne Now Sir if you please to apply this to the King though good Lawyers will tell you that the power of making or repealing Laws be not solely in Him but that the two Houses have a concurrent right in their production and Abolishment yet they will tell you too that His power extends thus farre that no Law can be made or repealed without Him Since for either or both Houses to produce a Statute Law by themselves hath alwaies in this State been thought a Birth as Monstrous as if a Child should be begotten by a Mother upon her selfe They usually are the Matrice and Womb where Lawes receive their first Impregnation and are shap't and formed for the publique But besides the opinion of all present Lawyers of this Kingdome who like that great example of Loyalty dare speak their knowledge it hath alwaies been acknowledged by the Law made 2. H. 5. By the sentence of Refusall Le Roy S' Avisera and indeed by all Parliaments of former Ages That the King is thus farre Pater Patriae that these Lawes are but abortive unlesse his Consent passe upon them A Negative power He hath then though not an out-right Legislative And if it be here objected by your Friend that the two Houses severally have so too I shall perhaps grant it if in this particular they will be modest and content to go sharers in this Power And no longer challenge to their Ordinances the legality force of Acts of Parliament As for the other parts of Royalty which I reckoned up to you As the Creation of Officers and Counsellours of State of Iudges for Law and Commanders for Warre the Ordering of the Militia by Sea and Land The Benefit of Confiscations and Escheats where Families want an Heyre The power to absolve and pardon where the Law hath Condemned The power to call and disolve Parliaments As also the Receipt of Custome and Tribute with many other particulars which you are able to suggest to your selfe They have alwaies been held to be such undoubted Flowers of this Crowne that every one of them like his Coyne which you know Sir is by the Law of this Land Treason to counterfeit which is an other mark of Royalty hath in all Ages but Ours worne the Kings Image and superscription upon it Not to be invaded by any without the crime of Rebellion And though as your Friend saies this be but a regulated power and rise no higher in the just exercise of these Acts then a Trust committed by the Lawes of this Kingdome for the Governement of it to the King for I never yet perceived by any of His Declarations That His Majes●…y c●…aimed these as due to Him by Right of Conquest or any ●…er of those Absolute and Vnlimited waies which might render His Crowne Patrimoniall to Him or such an out-right A●…odium that He might Alienate it or chuse His Successour or Rule as He pleased Himselfe yet as in the making of these Lawes He holds the first place so none of these Rights which he derives from them can without His own Consent be taken from Him For proofe hereof I will only instance in three particulars to you for I must remember that I am now writing a Letter to you not penning a Treatise which will carry the greater force of perswasion because conf●…st by this Parliament The first was an Act presented to the King for the setling of the Militia for a limited time in such Hands as they might confide in A clear Argument that without such