Selected quad for the lemma: nation_n
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A42674
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An impartial disquisition, how far conquest gives the conqueror a title
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Ghest, Edmund.
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1688
(1688)
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Wing G634; ESTC R28401
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11,429
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9
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Tribute or Service the Conqueror acquires no title by Conquest but by the consent of the Conquered to the Articles of peace of which in the next conclusion CHAP. V. Qu. WHether the consent of the people conquered and their submission to the Conqueror gives him a title Ans It is a kind of destiny upon people that their name is used their benefit pretended their power to create right to govern magnified and all to their hurt Isai 3. 12. O my people they which lead thee cause thee to err and so again ch 9. 16. in the Septuagint it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so in the Hebrew and in the margin of our Translation they which call thee blessed and undertake to make thee so People are never in greater danger than when they listen to these same Beatificantes men who promise to make them blessed so it hath been here and after the misery that is come upon us the peoples consent is pretended To show what really the people hath to do in the giving title or right to Government we will consider in general the means of acquiring dominion All power is from God we take that for granted therefore whoever hath a title must show some manifestation of God's will for it now this in the case of Governors must be either by extraordinary supernatural designation as in Moses Joshua the Judges Saul David Jehu c. or by a general Law that may hold in all ordinary cases for as to event that manifests only God's permission not his gift as I shew'd before as for the first of these it was good where it could be shown which now it cannot The second cannot be any humane Law for tho' just Laws are in their kind and degree significations of God's will who will have us obey his Deputies for conscience sake yet in giving title to supreme power they have no place For 1. National laws presuppose it and are made by it 2. The law of Nations is either the same with the law of Nature which is God's law binding all Nations or if it be taken for a humane law enacting that which the law of nature hath left at liberty 't is a meer empty name for there is no humane supreme power to which all Nations are subject that should enact such a law Jus gentium indeed or right of Nations there is but no Lex gentium one Nation may have right against another either by the law of Nature alone or by mutual Pacts which bind by vertue of the law of Nature which obliges all to perform their covenants So then none can claim right to Government but by the Laws of God and they are two-fold of Nature and Scripture but both to be used here promiscuously the rule of both is Honour thy Father and thy Mother which subjects the children to both Parents but first to the Father as supreme no place is left here for popular election it being impossible that children should choose their father who are in subjection as soon as they are and to govern whom the Father hath a natural capacity even before he hath them In this Paternal right is founded the government of whole Nations as appears from Genes 10. 5 20 31 32. where it is often observed that by those three sons of Noah were the nations divided in the earth after their families and generations which confutes the common dream that Nations were constituted by collection of several Families into one Mass like Epicurus's world out of Atomes for the Scripture makes it clear to have been quite contrary by spreading one root into many branches see Acts 17. 26. and this will be easily believed when it is considered how long they lived in that Age six hundred four hundred all even to Nahor above two hundred years and that in four generations from Levi to Moses Seventy men were multiplied to six hundred thousand that were men besides children and you will see that one of those Fathers might live to be by his meer Paternal power King of a populous Nation Nor did those Kingdoms upon the Father's death cantonize after the number of his Sons the Elder brother was Heir of his Father's power and governed the Families of his brethren also So Genes 4. 7. God saith to Cain subject to thee shall be his desire sc thy brother's and thou shalt rule over him Hence Isaac in blessing as he thought his first-born Gen. 27. 29. saith be Lord over thy brethren and let thy mother's sons bow down to thee And so Jacob also in blessing Judah who inherited the regal power Gen. 49. 8. expresses himself nay even our Saviour's kingdom over his brethren that is the members of the Christian Church is often put upon this title of primogeniture as being the first-born among many brethren so then the people have no more to do to make a King than a child to make his father God the sole giver of life disposes of what Parents every one shall be born who shall be heirs of Kings and whom they shall inherit for their subjects for the word Inheritance is in Scripture language 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a lot and the whole disposing judgment or right of that is from the Lord Prov. 16. 33. The people have no part in it so that if they presume to give this inheritance to another let them take heed of that woe Woe be to him who striveth with his maker c. and Woe be to him who saith to his father what begettest thou c. namely while they have one of God's appointment for when he hath left them destitute then they may interpose and elect but let them not be fond of wanting one that they may please themselves in choosing for they cannot be damn'd to a worse condition in this world than to be without a King. As it is threatned Hosea 10. 3. They shall say we have no King because we feared not the Lord. Numb 27. 17. That the congregation of the Lord shall be as sheep that have no shepherd and Isai 3. 5 6 7. The people shall be oppressed every one by his neighbour and then follows the people's part in choosing a King a man shall take hold of his brother saying be thou our Ruler Now when people come to choose if they will put the power into the hands of many too many to keep counsel or agree upon action and so serve many Masters at once if they will choose for a head the beast of many heads that monstrous form of Polity where the whole body is all head and every single limb the body where all are sons of the people all are father and every one a son be ruled by the many that can believe any thing and judge of nothing that have the wit of a child and the fury of a Giant the silliness of an Innocent and the rage of a Tyrant be governed by most voices who are
compared to Lyons that tear in pieces and fill their holes with prey and their dens with rapine and behold saith the Lord of Hosts I am against you my sword shall devour the lyons and I will cut off the prey from the earth 'T is therefore also that the Chaldeans who possess the dwelling places that are not theirs that keep not at home that enlarge their desires as Hell and as death and cannot be satisfied that gather to them all nations and heap to them all people have heavy judgments denounced against them Woe to him that increaseth that which is not his how long c. See also Jerem. 51. 35 36. Ezek. 35. 10 11. chap. 36. 5. Amos 1. 13. in all which places sore punishments are denounc'd against Usurpers and it were absurd to say that the divine Justice would punish any for useing that which is the direct and immediate way to get a good Title CHAP. III. Conquest proves not a right by God's donation immediate Some men pretend that God by the Event of the War giving victory gives right withal to the Conqueror and for this they have two Colours The first Argument is deduc'd from Reason Providence governs all therefore this victory and so 't is God's Will. To which I Answer It seems the Alcoran hath not been English'd for nothing with the Mahometans indeed all is their own fish that comes into the net but if every attempt crowned with success proves that God gives a right then he who destroys the true Religion and sets up a false he who kills ravishes robs hath right on his side 't is par casus unless they shew that Event shewes God's Will in one thing more than another which it does not since all comes alike to pass by God's Providence Should it be objected that this Assertion must be restrain'd to Kingdoms because War between those who have no superiour on earth to judge them is an appeal to God to determine the right I Answer 1. Then this extends not to Subjects who have a King to judge them 2. If it be meant of all those who acknowledge or pretend to have no Superiours then all wicked men may make use of it since 't is but to pretend and then appeal to God and if they prevail God it seems gave them leave 3. 'T is to throw God's Law the rule of right and wrong behind us and to tempt him to give a particular sentence against Matth. 4. 7. Thou shalt not tempt the Lord thy God. 4. How knows the Objector that every King who fights for his own makes such an ungodly appeal 5. Suppose both parties are so presumptuous how knows he that God is bound to listen to every presumptuous Appellant and give judgment at his beck the Truth is Event shews no more but that God permits it because he can work good out of it and fulfil his own wise and just tho' hidden counsel but to say he approves whatever he permits is blasphemy 2. The second colour is from Scripture Dan. 4. 17 25 32. The most high ruleth in the Kingdom of men and giveth it to whomsoever he will. To this I Answer 1. If you mean this of God's gift of right to rule 't is not said he giveth it to every one who is in possession but to whom he pleaseth 2. If you mean it of possession and so it is to be understood as it appears from vers 25. and the whole Context it follows not God gives possession to whom he will therefore he gives right whenever he gives possession the scope of all was to cure Nebuchadnezzar's pride and to shew him that whosoever possesseth a Kingdom doth it by a Providence which can dispossess him Indeed no one possesses a Kingdom without some gift from God but 't is often only permissive it creates no right Thus Saul in the Cave was by God delivered into David's hand and Christ was delivered by the determinate counsel of God had David hereby a right to kill Saul or the Jews a right to kill Christ Nay tho' Nebuchadnezzar was out of possession Dan. 4. 25. They shall drive thee from among men Yet still 't is his Kingdom and his Counsellors and his Lords ver 26. 36. His right it seems remained CHAP. IV. COnquest in a just war gives no just title A just War is that which is made by a Soveraign Prince for a just cause while both conditions are wanting in our Case but suppose they were not if such a Conquest gives title 't is 1. either by extraordinary Donation and that none I think can now pretend to Or 2. By the Law of Nations But 1. that Law according to those who alledge it gives only an external shew of Justice true internal justice obliging at the same time to restitution of which restitution See Grotius proving it to be the opinion of Jews and Mahometans as well as Christians and that the Holy Scripture Isai 58. 6. averrs that those mens fasts are not acceptable to God qui non jure captos detinebant who do not let the oppressed go free and who Jon. 3. 8. do not turn from the violence that is in their hands 2. Shew us this Law of Nations where is it or how is it morally possible that all Nations should meet to give it if you interpret common practise to be the consent of all I presume the dispossessed do not consent and the rest are either gainers or unconcerned 3. The Law of Nature gives not this right for then it must be either by way of reparation of the wrong or punishment of the fault the first allows no more then an equal recompence for the injury and leaves the rest to the enemy still the second supposes Authority for who hath power to punish must have power to examine and to judge the merits of the cause but a Superiour to the Supreme implies a contradiction Par in parem non habet imperium equals have no authority one over another who art thou that judgest another man's servant what have I to do to judge them that are without are most sure maxims of the Law of Nature 4. The Law of Scripture gives no such right Deut. 20. 10 15. There is a rule given how the Israelites were to deal with all Nations except the seven which were given up to utter ruine and the case is double if they will treat take Tribute of them if they will fight it out and you Conquer take the Spoil but in neither case a title to the Government Tribute may be given and service may be done by one King to another as appears from Gen. 14. 4 8 9. 2 Sam. 10. 19. 2 Kings 3. 4. ch 18. 7 14. and yet those who pay the Tribute and do the service be Kings still as appears by the above-cited places so then the Conqueror may exact tribute sufficient to make amendment for the injury but whatever be meant by