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A37249 De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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Tyran Quaest 2. Adversus Monar●htam Lib. 3 Cap. 8. De Jure Belli Lib. 1. Cap. 4. Ibid. Lib. 2. Cap. 2. Sect. 2. Alibi Et Lib. 1. Cap. 4. Sect. 7. Alibi says the late Milton the very words of Covarruvias and the other Papal Canonist And Omnia prius tentanda That all other things are first to be tryed says Junius Brutus and the like the others of them that consider the many hazards in the change of a Governour Others concede a Rising with certain more particular limitations Barclay also in the case of extream Tyranny and in defence only Grotius upon supposition that the Publick Weal receive no damage by it and that the Person and Life of the Prince be spared And he makes frequent use of that Rule In omnibus legibus humanis summa necessitas videtur excepta That extream necessity seems to be excepted in in all Humane Laws Yet that is to be understood only where the taking the liberty of the exception will either out-weigh or at least recompense the evil accruing by the deviating from the Rule But we leave all this to the consideration of any versed in Histories of Times and Humane Affairs whether any of these things do enough attend to the Lusts and Corruptions of men the giddiness of the Multitude and the licentiousness of popular insurrections all which do not use to proceed by Logical Rules and cases of Conscience especially when so tempting a thing as the Dominions and Crown of a Prince as we have said is lying open to the Conquerour The Kingdomes of the World and the Glory of them were the third and last essay made Mat. 4.8 by the Great Tempter himself upon the very Saviour of the World Who then shall justifie these allowances of Rising in these Cases against Princes 2. They contradict plain Texts of Scripture in these things also And they are such as command obedience generally and submission to be yielded to Princes and that in opposition to the resistance of them Such are Rom. 13.1 Let every soul be subject to the higher powers And 1 Pet. 2.13 Submit your selves to every Ordinance of man And Rom. 13.2 Whosoever therefore resisteth the Power resisteth the Ordinance of God and Vers 5. Wherefore ye must needs be subject not only for wrath but for conscience sake And it is that First Commandment which I have above mentioned concerning our Neighbour and so much applauded by Plato and others in Moses his Tables Exod. 20.12 Honour thy Father and thy Mother See Tit. 3.1 1 Tim. 2.1 2. 1 Pet. 2.17 c. De Jure Regni apud Scot. prope fin And the like other Texts might be mentioned Frivolous are the exceptions then that are made to so evident Texts of Scripture Buchanan and some others will venture to say That the New Testament Texts against Rising were only Temporary and intended for the Apostles and Primitive times till the Christian Church could get Power of Resistance into their hands But the Primitive Christians never had such a Judgment of them nor can it be thought that they durst imagine St. Paul so to prevaricate And the terms of the Texts are in the Letter of them too general and I do believe will never be certainly nor safely limited in favour of conceding resistance while the world stands So others produce the Examples of the Guards Rising against Athaliah Ehuds killing Eglon Jehu's killing Jesabel and the like to confront these Scriptures by But these and the like acts in Scripture were either made use of on Usurpers and so are but impertinently alledged or else from extraordinary command or impulse and so not ordinarily imitable or else down right impious and so not imitable at all or else at best are but dubious and so not to be compared with such evident Texts to the contrary And last of all In Vindic. contra Tyran Quaest 2. Junius Brutus draws a particular Argument in the case of Religions being endangered by any Prince from a Covenant made says he by the Jews with God to continue in his True Religion But the consequence is not good from a Covenant made with the Jews Church to the like to be necessarily made with any one Church of the Gentiles in any supposed case whatsoever Neither in case the Supream Magistrate amongst the Jews should have turn'd to Idolatry had there been any necessity from that Covenant of the peoples taking the way of Rising for their opposing him in it unless God had particularly prescrib'd it because God could have prevented the Destruction of that Church by many other ways evidently more commodious both for their Divine and Humane Affairs as we see he did also in diverse presidents that might be given from the Scripture History And the Jews by the pretended Covenant made by them in the mean time could not be obliged any further on their part then to the use of lawful means actively and at last to passive obedience Last of all the principle of Rising in Armes particularly in defence of the matters of Religion and of and Ecclesiastical Uniformity refuted Lib. 2. Cap. 5. alibi Lib. 2. Cap. 2. alibi XIII But because this pretence of Rising in Arms in Defence of Religion and particularly in opposition to the Laws of an Ecclesiastical Uniformity in any State doth use to be the most popular so consequently the most dangerous to the Publick of any lightly that is pitch'd upon by any Innovators or Ring-leaders of Sedition and who will be made further mention of hereafter in any State and because that for the Popularities sake of this most specious and prevalent pretence the prevalency of which also with the Vulgar will be made further mention of hereafter it doth use the most frequently to be pitch'd upon and made use of for the serving the designs of the persons and in the case mentioned And lastly because also that it will be in vain that an Ecclesiastical Uniformity and the Laws of it in any State should be constituted if it shall be left free to men by their Rising against Princes to break all the bands of obedience both to those and other Laws either purely at their pleasure or else which is in effect and in this business much at one when their divers impotent fancies and opinions in matters of Religion particularly shall lead them to it therefore we will here in somewhat a more special manner and before we pass farther refute this Principle and pretence mentioned and that only by these three Arguments briefly 1. That the Publick care of Religion is not in Humane Societies the proper and supream charge of any private person as shall be hereafter evidenc'd Lib. 1. Cap. 5. and therefore he that shall undertake to make use of this extream means of open Rising in Armes for the Publick Safety and Defence of it besides the simple sinfulness of the means used shall introduce himself into another mans Province and