Selected quad for the lemma: religion_n
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A50856
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That the lawful successor cannot be debarr'd from succeeding to the crown maintain'd against Dolman, Buchannan, and others / by George Mackenzie ...
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Mackenzie, George, Sir, 1636-1691.
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1684
(1684)
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Wing M206; ESTC R19286
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31,910
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82
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by the Pagans as has been fully prov'd though it cannot be pretended that they rely'd upon any such miraculous assistance 3. It cannot be deny'd but the Fathers of the Primitive Church did recommend and justifie themselves in their Apologies to the Heathen Emperors for bearing patiently when they were able not only to have resisted but to have overthrown their Persecuters as is clear by the Citations out of Tertullian Cyprian Lactantius Augustine and others to be seen in Grotius De Jure Belli lib. 1. cap. 4. num 7. And it had been great impudence as well as sin in them to have boasted of a recent matter of Fact which was not true nor could there be a greater injury done to the Primitive Christians as Grotius observes than to ascribe that to their Weakness which they consider'd as an effect of Duty and why should the Heathen Emperors have suffered those to multiply who obey'd only because Disobedience was not safe for they might have certainly concluded that by the same Principle that they obeyed only because they were weak they would disobey how soon they were able 4. If the first Christians in general had obeyed only because they were not able to resist then any private Christian had resisted when he was able or would have fled or conceal'd himself whereas it it acknowledg'd in the other Answer press'd by Gronovius himself that they sought for Martyrdom and so these two Answers are inconsistent and the Thebean Legion and others did submit themselves voluntarly to Martyrdom with their Arms in their hands and when they were able to have overthrown the Emperor And lastly If this Doctrine were allow'd no Society could subsist for when Dissenters grew strong the lawful Magistrat behov'd to perish whereas Jesus Christ did contrive the Christian Religion so as that all Governours should reasonably wish their Subjects to be Christians and so as no Christian should attempt to overthrow the order and establishment of Civil Government and that they should not be drawn away from the practice of Christian Devotion by the carnal desires of being great and strong in the World nor have any hopes in the Arm of Flesh to the lessening of their immediate dependence upon him His third shift is That his Doctrine of Submission and of dying for the Christian Religion without making Resistance was only the Practice but not the Command of the Primitive Church and proceeded from their immoderat affection of the Crown of Martyrdom as Milntoun also pretends But since the express Command of Scripture is founded upon such clear Reason and since as Grotius well observes the Practice of the Primitive Christians who liv'd so near the Age wherein these Scriptures were pen'd is the best Interpreter of the Scripture it is horrid Impiety to make those blessed Martyrs pass for vain Hypocrites and distracted Self-murderers and it becomes us with holy reverence to imitate those whom the Christian Church has ever admir'd The fourth shift is That the Protestant Churches have been reform'd by such Insurrections as these contrary to the Royal Authority But this is fully answered by the learned Henry More in his Divine Dialogues and by Du Moulin in his Philanax Anglicus where likewise are to be found the many Testimonies of Protestant Churches and Protestant Divines condemning positively the taking up of Arms against the Soveraign Power even for the defence of Religion and the very Presbyterian Confession of Faith at Westminster is so positive as to this point that the Presbyterians themselves can never answer it The sum of which answer is That the King of Spain coming by Marriage in place of the Duke of Burgundy the said King of Spain could pretend to no more power than they had nor could the House of Burgundy pretend to any more power by marrying the Heirs of the Counts of the several Provinces than these Counts had over their Provinces and therefore since none of these were Soveraigns over their Provinces the Provinces might have resisted the King of Spain when he oppress'd them and consequently that Resistance cannot defend such as resist Supream Powers upon pretence of Religion Grotius de Antiq. Reipub. Baâ—av cap. 7. The opposition made by the Protestants in France was not occasion'd by Religion but upon a Quarrel betwixt the Princes of the Blood and the House of Guise in the Minority of Francis the 2d and is defended most excellently by King James himself not to have been Rebellion in his Defence of the Right of Kings pag. 14. The Opposition made by the Princes of Germany to the Emperor was founded upon the inherent Right in the Princes by the golden Charter of the Empire And Luther himself declar'd that Magistratâ—â— non erat resistendum and has written a Book to that purpose nor would he engage in the Confederacy for Defensive Arms at Smalcald until the Lawyers declared that that Resistance was lawful by the Laws of the Empire Vide Slydan Hist. lib. 8. anno 1531. The War that arose in Switzerland was not occasion'd by Religion for the Reformation was once establish'd with the con-consent of the Magistrat And the Eruption that was made by other Cantons upon the Reform'd Cantons eleven years after that Establishment Vide Slydan anno 1522. Nor was it Calvin who banish'd the Prince and Bishop of Geneva for he fled eight Months before upon the detecting of a Conspiracy by which that Bishop was to deliver over the Liberties of that City to the Duke of Savoy and for which his Secretary was hang'd Vide Turretin Annal. Reformationis anno 1529. And albeit those who Reform'd in Scotland in the Reign of Queen Mary pretended Authority from the King yet they were certainly Rebels and are condem'd by Rivet a famous Protestant Divine who also inveighs bitterly against this Principle Castiga Not. in Epist. ad Balsac cap. 13. num 14. sub finem From all which I observe First That all the Protestant Divines by making Apollogies for such of their Profession as have risen in Arms against Supream Powers must be thereby concluded to be asham'd of the Principle 2. Immediatly upon the quieting those Rebellions all the Protetestant Churches have in their Confessions of Faith declared their abhorrence of that Principle which being the product of Conviction and Experience joyn'd with Duty must be the most judicious and sincere Testimony of all others 3. All these Rebellions have been occasion'd by a mistake in point of Law and not in point of Religion for the Divines as I have related have been abused by the Lawyers And therefore since in the Isle of Britain the Laws of both Kingdoms have declared the Rising in Arms against the King to be Treason albeit for the defence of Religion it necessarily follows that this must be unlawful in point of Conscience in this Kingdom 4. Though good things may be occasion'd by a Rebellion yet that does not justifie a Rebellion for though Jeroboam was allow'd by God to rise against Rehoboam yet God Almighty himself calls his revolt Rebellion 1 Kings 12. 19. and 2 Chron. 10. 19. and it is observable that after this Revolt there was but one good King amongst all the rebellious Kings of Israel whereas amongst the Kings of Judah who were lawful Kings there was but one or two who were any ways impious so far does God bless a lawful Succession Some also use as a shift against this Orthodox Doctrine that the reason why the Primitive Christians did not oppose their Emperors in the defence of the Christian Religion was because they had not been secured at that time in the Exercise of their Religion by the Laws of the Empire and therefore the practice of those Christians can be no Argument why we may not now rise to defend the Orthodox Religion since it is now established by Law But this Objection is fully answered by that great great Antiquary Samuel Pelit Diatriba de Iur. Principum edictis Ecclesiae quaesito where he clearly proves that they were actually secured by the Edicts of the Emperors in the days of the Emperor Tiberius and downward and yet they would not rise in Arms though they were persecuted under these same Emperors because the Word of God and the Christian Religion did command Obedience under Persecution and discharged Resistance and taking up of Arms. Add to Page 73. I have also seen in Fordon's History lib. 14. pag. 73. a Charter granted by King David to the Bishops with the consent of Robert his Nephew and his Sons giving power to the Bishops to dispone in Testament upon their own Moveables which before that time did by a corrupt custom fall to the King in which Charter the Witnesses are Robertus Senescallus Comes de Strathern Nepos noster Ioannes Senescallus Comes de Carrict filius suus primogenitus haeres Thomas Comes de Mar Georgius de Dunbar Comes de March Gulielmus Comes de Dowglass so that here is not only the attestation of the Father before he was King naming John Earl of Carrick thereafter King Robert the 2d his eldest Son and Heir but the attestation of the Grand-Uncle King David who could be no ways byassed in the Affair and here he is ranked before the three eldest Earls in the Nation who were then the three first Subjects therein and it is against all Sense to think that the whole Bishops would have sought the consent of the said John as Apparent Heir of the Crown if he had not been Apparent Heir I find also that Fordon calls him when he is crown'd King Primogenitus Roberti secundi nor was there the least opposition made to his Coronation nor to the Coronation of Annabella Drummond his Queen a Daughter of the House of Stob-hall now Pearth though both the Sons of the second Marriage were then alive I sind also that Boetius himself acknowledges that the Earl of Marches Son George being pursu'd for having married clandestinly one of the Daughters of Elizabeth Muir his defence was that he married her when she was the Daughter of a private Subject and before King Robert was King whereas if she had been only a Bastard-Daughter it could have been no Crime to have married her
Bacon observes in his History of Henry the VII fol. 13. And in the case of Queen Elizabeth who was declar'd Bastard by Act of Parliament as is clear by Cambden anno 2. Elizabeth And though in Scotland there be no express instances of this because though some Rebellious Ring-leaders in Scotland have often in a privat capacity been very injurious to their King Yet their Parliaments have been ever very tender of attainting the blood Royal or presumptive Heirs But Alexander Duke of Albanie and his Succession being declared traitours by his Brother King James the IV. his Son John was notwithstanding called home from France upon his Uncles death and declar'd Tutor and Governour without any remission or being restor'd that employment being found to be due to him by the right of blood therefore he had been much more declared the true Successor of the Crown if his Cousin King Iames the V. had died These being sufficient to establish our design I shall mention only some forraigne stories CHARLES the VII of France who though banish'd by Sentence of the Parliament of Paris did thereafter succeed to the Crown And though Lewis the XII was forfeited for taking up armes against CHARLES the VIII Yet he succeeded to him without restitution And Lewis the II. his Son being declared a Rebel whom his Father desiring to disinherit and to substitut in his place Charles Duke of Normandie that Son had succeeded if he had not been hindered by the Nobility who plainly told him it was impossible to exclude his Sone from the Succession My next task shall be to satisfy the arguments brought for mantaining this opinion whereof the first is That God himself has authorised the inverting the Right of Succession by the examples of Esau Salomon and others To which I answer that these instances which are warranted by express commands from God are no more to be drawn into example than the robbing of the Aegyptians ear-rings And it 's needing an express command and the expressing of that command does evince that otherwayes Iacob nor Salomon could not have succeeded against the priviledge of birth-Right and possession The next objection is that it is naturally imply'd in all Monarchies that the people shall obey whilst the Prince Governs justly As in the paction betwixt David and the people 2 Sam. 5. Which is most suitable to the principles of justice and Government Since relations cannot stand by one side so that when the King leaves off to be King and becomes a Tyrant the people may consult their own security in laying him aside as Tutors may be remov'd when they are suspect And that this is most just when Kings are Idolaters since God is rather to be obey'd then men To all which it is answered that God who loves order and knows the extravagant levity and insolence of men especially when baited by hope of prey or promotion did wisely think fit to ordain under the paine of eternal damnation that all men should be subject to Superiour powers for conscience sake 1 Pet. 2. 13. and that whoever resists the power resists God Rom. 13. 2. reserving the punishment of Kings to himself as being only their Superiour And thus David Asa and others committed crimes but were not depos'd nor debart'd by the people Nor were even the Idolatrous Kings such as Achab Manasse c. judged by their subjects nor did the Prophets exhort the people to rise against them though they were opposing Gods express and immediat will And overturning the uncontraverted fundamentals of Religion Nor did the Fathers of the primitive Church excite the Christians to oppose the Heathen and Idolatrous Princes under which they lived and Paul commands them to pray for these Heathen Emperours Nor was the Emperour Basilicus depos'd for abrogating the Council of Chalcedon as is pretended by some Republicans but was turn'd out by the just Successor Zeno whom he had formerly dethron'd Nor were Zeno or Anastasius degraded for their errors in Religion or their vices by the ancient Christians but were opprest by private faction And sure they must think God unable to redress himself who without warrand and against his expresse warrand will usurpe so high a power And we in this rebellious principle owne the greatest extravagancy with which We can charge the Pope and Jesuits and disowne not only our own Confession of faith which Article 1. Chap. 22. acknowledges that infidelity or difference in Religion doth not make void the Magistrats just or legal authority nor free the People from their due obedience to him but contradict the best Protestant divines as Musculus Melancthon and others vid. libell de vitand superstit Anno 1150. Consil. Biden Dec. 1. Consil. 10. Decad. 10. Consil. 5. nor can the subterfuge us'd by Buchanan and others satisfie whereby they contend that the former Texts of Scripture prove only that the Office but not the Persones of Kings are Sacred so that Parliaments or People may lay aside the Persons though not the Office seing the Sacred Text secures oftner the Person than the Office as I have formerly more fully prov'de And if this principle prevail'd as to the differences in the Theory of Religion it would in the next step be urg'd as to the practice of Religion and we would change our Kings because we thought them not pious as well as Protestant And did not our Sectarians refine so far as to think dominion founded on grace and this opinion seems to my self more solide than the other for certainly an impious Protestant is a worse Governour and less Gods Vicegerent and image than a devout Papist And amongst Protestants every Secte will reject a King because he is not of their opinion And thus our Covenanters by the Act of the West-kirk Anno 1650. declar'd they would disown our present Monarch if he did not own the Covenant And though a King were Protestant yet still this pretext that he design'd to introduce Popery would raise his People against him if differences in Religion could Lawfully Arme subjects against their King or did empower them to debar his Successor And when this cheat prevail'd against devout King Charles the I the Martyr of that Orthodox Faith to which he was said to be enemie what a madness is it to allow this fatall error which was able to ruine us in the last age and went so near to destroy us in this This is indeed to allow that arbitrariness against our Kings which we would not allow in them to us The second Objection is that in England the Parliament has frequently devolv'd the Crown and Government upon such as were not otherwayes to have succeeded as in the instances of Edward the II. and Richard the III the first of whom was most unjustly depos'd for making use of Gavestoun and the Spencers which shewes how extravagant the People ar in their humours rather than how just their power is for besides that do not read that these Counsellors were