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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A58674 Two cases submitted to consideration L'Estrange, Roger, Sir, 1616-1704. 1687 (1687) Wing S141; Wing L1320A; ESTC R23606 7,680 2

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unless they may have such a Government as God never made and which God has made Impossible ever to Bee Why This would be to make Every Will and Tom an Umpire of the Controversie Where Every Body is No Body and yet This very Mobile must be Trusted over again and find Their Vouchers too But 4ly Why is so much more Stress laid upon this Single Prerogative then upon All the Rest that may do Fifty times more Mischief Why are not People as much Affraid of Rapes Massacres Robberies and other Military Violences from the UNDISPUTED Power of the Sword as they are of Tyranny and Oppression from the Prerogative of the Dispensing Power VVhy not of the Mint Life and Death War and Peace for fear of False Money Protecting Criminals bringing in Foreign Forces c. All comes to This at Last that a Iust and a Gracious Prince VVILL not Misapply his Dispensing Power and He that would make himself Wholly Absolute can do his Work in Despite on 't and without it 5ly The Power and the Trust are so Inseparable that where there 's no Publique Power there 's No Publique Trust and where there 's No Publique Trust there 's No Publique Power What 's Authority without the Right to Iudge of the Time the Case the Measure c as if the Multitude were to Iudge and to Appoint and the Sovereign only to Execute or in Plain English to Depose himself in a Resignation to the Dictates of the People Let them once Prescribe to a Prince what is Fit for Him to do and they shall soon put it to a Vote among Themselves whether it be Fit or No for That Person to Govern. But what Pretence have they to Govern in This Prerogative more then in All the Rest And how come they to be Rulers in This Case and Subjects in All Others To Close This Point the End of Law is Equity and where the Letter of the Law will not reach That Equity it is to be presum'd that the Law speaks One Thing and means Another In This Case it belongs to the Sovereign to Explain and Execute That Law according to the True Intention of it The Equity of it being the Rule of Government 6ly It cannot be Imagin'd that the Possible Abuse of Power which is Impossible to be Cleared or Prevented should be Offer'd as a Reasonable Argument against the Divine as well as the Political and the Necessary use of it for it puts a Stand to the Sun in its Course which is all one with a Stop to the Orderly Motions of Government It is Objected once again What if the Chief Ruler shall say there Is a Necessity where there is None and make That Pretended Necessity the Ground for his Proceeding at Will and Pleasure Necessities they say are Notorious and carry Pomp and Noise along with them In Sea Breaches or Conflagrations the Multitude are Witnesses to the Stress To which I Answer that if a Prince says there IS a Necessity where there is None The People on the other hand may say there is NONE where there IS and no Umpire at last to End the Strife But Right or Wrong the Former is a Sentence of Order and Authority upon a Foundanion of Law and Conscience The Other an Indeterminable License in Opposition to Practice and Common Sense and an Usurpation over and above The People Judge by their Eyes their Ears and shortly by what they See Hear or Feel but the Magistrate reads Effects in their Causes and it is both the Prudence and Duty of his Function to Prevent Mischiefs in the very Seeds and Roots before they come to a Head. To Sum up the Whole now If Government The Rules Powers and Measures of Goverment be all of God If Those Foundations be layed in Right Reason and Iustice and Communicated to All Mankind in the very Bowels and Instincts of Reasonable Nature If Humane Laws fall short of the Ends they were Design'd for and No Means left us to supply That Failing the Inference is that either Those Original Lights are given us in Vain or that Providence has made a False Reck'ning which are Two Points that cannot be so much as supposed without the Highest Indignity to God's Power and Wisdom As to the Receptacle of this Sovereign Prerogative and the Iudgment Where When How and in what Degree it is to take Place the Order of Nature and of Government tells us that It is impossible to Vest it in the People without Confounding Sovereignty with Subjection CASE II. The Nullity of any Act of State that Clashes with the Law of God. THe Two Cases above are but Effectually the Abstract of Twenty or Thirty Observators upon the same Text. I have done with the Former and as to the Other now It is out of Doubt that all Those Pretended Laws are Nullities that take upon them to Forbid what God and Nature Commands or to Command what God and Nature Forbid This Single Position might serve for a Full and a Final Resolution upon This Point but having Touched upon One Particular under This Topique in several Observators in the Case of Charles the First and particularly in my Late Answer to a Letter to a Dissenter c. I would willingly Propagate the Opinion if it will hold Water and I am as ready to Relinquish it if it will not Abide the Test. But however I shall recommend it to the Publique Once again in the very same Words In the Case of the Proceedings under Charles the First against the Papists That Excellent Prince according to all Reasonable and Humane Presumption lost his Crown and his Life in Complement to a Void Act of his Own in pretending to Bar himself the Use and Service of his Subjects As if an Act of State could Supersede a Fundamental of God and Nature I have the Authority of a Great Man Bishop Sanderson to Back me in the Casuistical Stress of This Instance God says he hath given to his Vicegerents here on Earth a RIGHT In and a POWER Over the Persons of ALL their Subjects within their several Respective Dominions even to the spending of their Lives in their Countries Service WHENSOEVER they shall be by Their Authority called thereunto Five Cases p. 71. Now if they have These Privileges of RIGHT and POWER from GOD and Extending to ALL and WHENSOEVER without Exception either to Time Number or Distinction of Persons What Earthly Power shall dare to Controll This Commission And I have One Word more to Offer now that I have formerly spoken to which comes a little Closer yet to the Point The Precept of Honour thy Father and thy Mother is undoubtedly of Divine Authority and a Command of an Immutable and Indispensable Obligation And it has Catholique Assent to 't that it Extends as well to our Civil and Political as to our Natural Parents By This Law All Subjects are Bound in Conscience to Attend the Call and the Service of their Prince for the Precept is Positive without Any Qualification Limitation or Condition whatsoever The Question will be Shortly This now Whether Any King can by any Act of Civil Authority Divest himself of This Right over the Persons of his Subjects I do not say but he may Chuse whether he will Command them or Not but he Cannot Discharge his People of their Duty of Obedience in case he Requires their Service That is to say In any Case which is not Contrary to the Will and Word of God No Humane Law Can Absolve them from That Office of Allegeance So that in the Conclusion either Those Subjects are Clear before God that serve their Prince when by him thereunto required notwithstanding any Law of Man to the Contrary Or the Ten Commandments may be turn'd to Waste Paper If the Law of the Land shall Forbid upon a Penalty That which the Law of God Commands upon a Penalty London Printed for R. Sare and Publish'd by Randal Taylor 1687.