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B20451 Justice vindicated from the false fucus [i.e. focus] put upon it, by [brace] Thomas White gent., Mr. Thomas Hobbs, and Hugo Grotius as also elements of power & subjection, wherein is demonstrated the cause of all humane, Christian, and legal society : and as a previous introduction to these, is shewed, the method by which men must necessarily attain arts & sciences / by Roger Coke.; Reports. Part 10. French Coke, Roger, fl. 1696. 1660 (1660) Wing C4979 450,561 399

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unto thee only the Lord thy God be with thee as he was with Moses Whosoever he be that does rebel against thy commandment and will not hearken unto thy words in all that thou commandest him he shall be put to death Jos 1. 16 17 18. 13. Anarchy is like a vacuum in Nature so abhorrent that the World The state of Man out of power is Tyranny will rather return into Chaos then suffer it And therefore Cicero lib. 3. de legibus says truly Sine imperio neque domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest 'T is no wonder therefore if seditious men when they have put themselves out of power are glad to submit to Tyranny rather then be overwhelmed with the Chaos and confusion of Anarchy Yet it is said Judg. 17. 6. 21. 25. In those days there was no King in Annot. Israel but every man did what was right in his own eyes So it may seem that men may subsist in an Anarchy It is true indeed there was no man that was King in those days in Israel nor was there then that absolute necessity of one for God had given them Property and did govern the Israelites and they did enquire judgment of God who did answer cap. 20. 18. And men did in those dayes commerce and exchange one with another which is evident by Micha's contracting with her Levite-Priest for ten shekels of silver by the year a suit of apparel and his victual ch 17. 10. 14. Princes do transgress their power when they command any Wherein Princes do transgress their power thing contrary to what God hath commanded or derogatory to the worship and service of God when they make unjust War when they pronounce Judgment not according to the declared and known Laws but punish either by passion or to please factious men as in the Earl of Straffords Case or pass sentence against one unheard as in Cromwell Earl of Essex his Case I say not punish upon passion or to please men For as the state of Annot. affairs may be stated Princes may punish though not in a Judicial manner as when Subjects are in Arms against their Soveraign Nor do I think that any uninterested Casuist will deny that Henry the Third of France did justly put Henry Duke of Guise to death though not judicially the Duke having taken Arms against him and made him flie out of Paris fomented seditions against him and taken pensions of the King of Spain to maintain war in France and become so popular as the King had no means to proceed legally against him 15. * How careful Princes ought to be in commanding or making of Laws The perfection of Government consists first and chiefly that the Governor have a perfect and indubitable Title against which no just exception can be taken Secondly that the Governor makes it his chiefest care that the Religion or Worship and Service of God be duly administred And thirdly that he does endeavor by known and established Laws to administer Judgment and Justice indifferently to his Subjects with careful moderation of the severity of the Laws whereas men by no fault of theirs incur the severity of them And lastly by all just and due means to endeavor the preservation of his Subjects from the oppression and violence of Foreiners and to maintain Peace and Commerce with his neighboring Nations Such was our Government before our unhappy differences and such by Gods grace do I hope to see it again 16. It were a fine may-game to be a King if Kings might make their How careful Princes ought to be in commanding or making Laws Will the rule of their actions It is true indeed God hath not in all things commanded Kings what Laws they shall govern their Subjects by yet this natural law are all Princes obliged to that their Laws by which they govern do more relate to the good of their Subjects in general then their own particular interest And no question but a King commits a more grievous sin doing any unjust thing to any of his Subjects then if another had done it in regard of the relations which are between them as a Fathers doing an unjust thing to his Child is a greater sin then if another had done it by how much by the Law of Nature he ought to have done well to his Child rather then another Princes therefore by the Law of Nature in governing ought to have more respect to the general good of their Subjects then their own particular interest Yet is Magnificence a Royal virtue and therefore ought not the Revenues of the Crown to be parted with by which it should be maintained Nor would it conduce to the benefit of the Subjects in general to make the Revenues of the Crown poor Where Majesty grows contemptible the exercise of Regal power is never permanent Princes therefore ought to have a great care that by their vices prodigality of the Revenues of the Crown remiss governing or by so giving it over to others that they so much neglect it in themselves as to make themselves vile and contemptible 17. Though God hath not commanded Kings in all things what are Princes ought not to be obeyed when they command in derogation of Gods Majesty 1 Sam. 12. 14. vers 25. the Laws by which they shall govern and therefore divers Kings govern their Subjects by several Laws as their Subjects differ in nature and manners Yet hath he forbidden all Kings to make Laws derogatory to his Divine Majesty Samuel therefore threatens Saul as well as the Israelites that if he or they disobey God and do wickedly they shall perish both they and their King And it was to Saul that God said that Rebellion was as the sin of witchcraft and stubborness as the wickedness of idolatry Nor was the sin of the Israelites in committing idolatry under the Kings of Judah and Israel the less though the King commanded it Nor did God scarce 1 Sam. 15. 23. ever shew a greater miracle then in delivering the Three Children and Daniel disobeying the Kings wicked commandment Princes therefore ought not to be obeyed in commanding things derogatory to the Majesty of God 18. Nor ought Princes to be obeyed when they command any thing Or contrary to Religion contrary to Religion for The kingdom of Heaven and the righteousness thereof is first to be sought But the kingdom of Heaven is only to be sought by Faith and Religion Daniel therefore sinned not when he obeyed not Darius in praying to God Nor do all our Parliamentary Laws add any thing to the obligation of mens worship and service of God in the Unity and Form of the Church of England for men were as much obliged in Conscience before such Laws as after Not but that Kings ought to have as great or greater care of preserving unity and peace in Gods Church as in their
this opinion are all Christian Princes made in a worse condition then Infidel or Mahumetan and subject to the Spiritual powers in their Temporal jurisdiction But mutato nomine a new generation of men have sprung up and changed Bonum temporale sequitur in ordine ad bonum spirituale into The wicked have no right to their goods and It is lawful for the children of Israel to rob the Egyptians 11. The King is greater then the Singulars and less then all his Subjects Rex major singulis c. is a seditious opinion is a Fools bolt shot at such random that it is not worth the measuring whether it be near the mark or not For not only all Subjects owe their obedience as much as every one but never was any Prince universally rejected or disobeyed by his Subjects 12. See Sir Ed. Coke 3. par Inst pag. 9. On si homme leva guerre encontre That Subjects may upon any prerence levy war without consent of the Supreme power a seditious opinion See Calv. case 11 12. nostre Seignieur le Roy This was High Treason by the Common Law for no Subject can levy War within the Realm without authority from the King for to him it only belongeth And a little after If any levy War to expulse strangers to deliver men out of prisons to remove Councellors or any other end pretending Reformation of their own heads without warrant this is a levying of War against the King because they take upon them the Royal authority which is against the King 13. Let no Prince ever hope for obedience from his Subjects who Negligence in the worship of God takes no care that God be duly served by them For where the fear of God is not men will not honor their King but are disposed to sedition 14. Honor is nothing else then the estimation of anothers power Contempt of the Regal power disposes men to sedition viz. That a man hath power to protect reward and punish another And prudent Princes ought so to maintain the reputation of this in their Subjects that it may be received and believed of all For besides that ill men will where there is no fear of punishment become more licentious generally all men ambitiously where they are not restrained by fear desire to insult over their Superiors Aesop gives an Item of this last in the Fable of the Logg which Jupiter gave the Frogs for their King when they became fearless of it every one jumped insultingly upon it And examples of the former are clearly seen in men who condemned for offences to death they penitently acknowledge their faults and desire forgiveness of that Power that puts them to death whereas scarce any offender fearless of punishment did ever submit and ask forgiveness for it Princes therefore ought principally to take care how either by their vices remiss Government or otherwise they make their persons or power contemptible for when power is contemptible the exercise of it is never permanent 15. If the Age tends to worse and men of this latter Age have been Concessions of Princes to their Subjects disposes them to sedition worse then in the precedent as men generally hold and if Princes power in Ages when Mankind did not so fast degenerate into all forbidden wickedness were not sufficient at all times to restrain the seditions and disorders of their Subjects then is it a most unreasonable thing in Princes to indulge this ambitious desire of their Subjects by granting them liberties and priviledges which they had not before And if any man can shew that ever any where in the world Princes did make their Subjects better by granting them a more then usual liberty but only made them more arrogant to demand more until their Majesties and Authorities became so contemptible that in stead of governing their Subjects they must be content to have what terms their Subjects please to impose upon them or to reject them which in the end they will assuredly do I will be content to believe Princes do prudently by granting to their Subjects all their real Prerogatives and retaining only or some small matter more then the empty Title 16. It is not only the office of a Prince that good Laws be made but If Laws be not carefully executed that they be carefully put in execution There is no man who does not will and desire to be happy but few men who are daily sollicitous and industrious to attain to happiness It is the part of foolish men only to will and wish but the part of prudent men to do wisely A man shall see it in a family where the Master only commands and never looks to the doing that in a short time though he commands much he will have little performed And where Subjects have gotten a licentious habit of neglecting or transgressing Laws it will prove a hard thing to reclaim them whereas they might have been easily preserved in their obedience by careful execution of the Laws 17. There is nothing more dangerous in Church or State then Innovation Alterations of Laws It is therefore the most secure way of governing when mens manners and vices do not require new Laws by the antient and received Laws of a Nation This will secure the Prince from the imputation of Tyranny he may better hope to preserve a strong house built upon a sure foundation then by destroying it to undertake to build another which he either knows not how to finish or having built it cannot hope it will be better then the other or cannot tell whether it will be of any continuance but falling will overwhelm him in the ruine of it Besides the Subjects from the example of their Prince will become studious of innovation and censure whatsoever Laws he prescribes in lieu of the old ones Those he gives if they please one will displease another it will be the only talk of the City Country and Market If he punish any opposer for it is not possible but disadvantage will be to many and the loser will speak he shall by all his faction be cried up for a Martyr and Patriot of his Country and Laws It will make Subjects diffident of their condition and fearful that having Property by the old Laws they shall lose all by new ones Yet there is nothing in this world can secure men and make their condition permanent For what is usually objected by seditious men against their Prince viz. the invading and not suffering freeborn Subjects to have the benefit of their antient Laws and Customs was imputed a crime to our late King who was persecuted by his own Subjects because he adhered to the known and received Laws of the Land for after the year 1642. there was not any Petition presented to the King by one or both Houses of Parliament but was against the established Laws of this Nation But no question it was not the Kings adherence to the Laws but the iniquity
seen that the Turkish Muscovitical and other whatsoever Governments setled upon this principle That the goods and lives of the Subjects are the Princes not to defend as our Laws go but to dispose at will c. neither do nor can breed any obligation of Obedience in the Subject more then of Fear and present Utility Observ It seems then neither Fear nor Utility may be expected from our Authors Laws with which his absolute Trustee is impowered And what other means besides the law of God which commands us to be subject to the higher Powers Rom. 13. and S. Peter 1 Ep. cap. 2. 13. To submit our selves to every ordinance of man for the Lords sake whether to the King as supreme c. can any Governor propound to his Subjects for their conformity to his Laws but utility and reward for their obedience and fear of punishment for their disobedience And here our Author calls them Tyrannical c. What 's the matter Have they too much power They have no more then God hath given them and in having less they should soon actually have none at all and Aristocraties and Democraties assume as much Do they eat too good meat or wear too good clothes Why sure Nature intended that the best things should be used and who better use them then the King What are many of their Subjects poor and miserable 'T is not their fault 't is the curse of God upon the ground for Adams sin in not giving up his will to Gods command that in sorrow man should eat of it all the days of his life Gen. 3. 17. And if any of these Tyrannical Governors as our Author calls them should divest themselves of all their power and greatness yet there would not be fewer poor laboring men And let our Author shew me in any of these Goverments half so many Slaves and miserable men as I will shew him have been under the Romans and other popular States Nor need any man in any of these be a Slave if he will become Renegado to his Faith and Religion whereas under the Romans c. they were necessitated to it at the will of their Lords Will they if they fear the power of any man to grow too great use means not fully warrantable in the known Laws either to make it less or none at all why the Portian Law prescribed only banishment to the Citizens of Rome in any offence yet Cethegus Lentulus Longinus c. were put to death for being agents in Catilines Conspiracie The Athenians would by their Ostracism banish any man that they but suspected would grow too great Will they make unjust war without any cause given why the Romans undertook the protection of the Mamertines Livy lib. 16. a company of * Sir Walter Raleigh book 5. ch 3. Hellhounds who had murdered their Hosts the Messanians and took possession of Messana against the Carthaginians which was the ground of the first Punick war And when Greece was divided amongst Athenians Lacedemonians Arcadians Corinthians Achaeans c. when was there any faith or troth among them but the weaker still bandying against the stronger till they were all brought in subjection to Philip the father of Alexander Will they put men to death upon no sufficient proof of crime against them why what proof of suspicion of crime was there against the most excellent and divine Philosopher Socrates or against the victorious Athenian Captains at the battel of Arginusae Will they not reward their good Servants and Captains what reward had Camillus Coriolanus both the Scipio's African and Asiatick See Dio Siculus Bib lib 13. Where the Syracusans before Dionysius his time made it their pastime to reward the vertue of their worthiest Commanders with death or banishment And Nicias lost the whole Athenian Army in Sicily consisting of above forty thousand men for fear if he had preserved them he should have been proscribed or put to death by the Athenians Thucid. lib. 7. Themistocles Alcibiades Hermocrates the noble Syracusan Dion c. Will they take severe revenge upon their enemies although it may be they had no just occasion given The poor Melaeans who were content not to have medled in the wars between the Athenians and Lacedemonians and no occasion of war against them but the will of the Athenians after they were forced to yield up their City at discretion were all of military age slain the women and children made slaves and Melos made a Colony to Five hundred of these cursed Demagogues as you may see at the end of the 5. book of Thucidides And see Plutarch in the Life of Sylla what came upon the Athenians who first called the Romans into Greece when Sylla took Athens Will they take severe revenge where as our Authors calls it the obeyer does not understand that it is his own profit which the action aims at that is to say when the Subject will not obey Let him see the fate of the Capuans in Livy lib. 26. and of the Mytileneans and Scionians in the 3. and 5. book of Thucidides What do they not govern their Subjects in peace Where was there ever any such dissention and confusion as in Democratical and Aristocratical States And the Grecians have seen less war and disquiet two hundred years together under the Turk then ever they saw in three years when it was divided into so many Aristocraties and Democraties But our Author will not endure that the Subject should be protected in his life and estate by the Law of these Tyrannical Governors Why what greater obligation of obedience can there be to Government on the Subjects part then that he is thence protected in his life and from thence holds whatsoever may be called his And since there never was nor can be a fourth species of Government how much better is it for a Subject to obey one Individual Prince then by an imaginary liberty to make his obedience to many for Quantae molis erit dominis servire duobus Author Well but let us compare one of these Tyrannical Governors with our Authors Absolute Governor For though our Authors Absolute Governor be a Mungrel extracted from equivocal generation and such a Beast as Nature never intended and Ground 8. tied up to certain Laws and Limits of the People yet for all that our Author can have a course too with his Lycisce though tied up in a line But then it must be agreed between our Author and his Lycisce that they say it be for the good of the People and then Ground 11. they are his Laws alack the while what is become of the Peoples Laws c. And Gr. 13. p. 101. The lawfulness of a Soveraign Commander is no other then that he truly thinketh to be for the good of the Commonwealth Observ So now Casting of Dollars and Coining of Dollars is all the difference between our Authors Trustee and one of these Tyrannical Governors the same thing differently called by the Author