expose not only themselves to be ruin'd but also their Friends and Allies to perish with them in that Case Saevitia est voluisse mori it is a sort of bloody Peaceableness it is cruelty to Mankind to go to that degree of suffering Injuries § 37. But especially when the Cause of God is concern'd to whom we owe all things and ought to venture all for his sake Surely 't is his Cause when it touches Religion which is all that is dear to him in this World And tho' Religion it Self teaches us if it be possible as much as in us lyes to live peaceably with all Men yet as 't is there suppos'd there may be Cause to break the Peace so it adds infinitely to that Cause when it comes to concern our Religion I do not say that Religion is to be propagated with the Sword No nor that Princes may force it on their own Subjects much less upon other Princes or their Kingdoms These are things we justly abhor among those inhumane Doctrins and Practices by which Popery has distinguisht it Self from all other Religions We have the more Cause to abhor it for the sake of a Prince that is the very Scandal of Popery that hath not only exceeded all Heathen Cruelty in the persecuting of his own Protestant Subjects but even forc'd a neighbour Prince to give him Game in his Dominions His butchering the poor Vaudois was barbarity beyond all Example We have reason to believe he would have hunted here next His Dogs had been upon us ' ere this time if God had not wonderfully preserved us God preserve us still from Kings that have that way of propagating Religion § 38. Yet it may be a Question whether such Tyrannies being used on the account of Religion give a just Cause of War to other Princes of the same Religion I speak now of Persecution in such Countries where their Religion is not established by Law It is certainly true which the Apostle says We are all Members of one and the same Body and it is the duty of Members to have the same Care of one another and whether one Member suffer all the Members suffer with it or one Member be honoured all the Members rejoyce with it It is true that Christian Princes especially as they have the charge of that part of Christ's Body that is in their own Dominions so they ought to extend their Care and Compassion to their Fellow-Members elsewhere But whether they ought to concern themselves for them so far as to make War on their account against their Kings by whom they are persecuted nay whether they may lawfully do this is a doubt that may deserve some farther Consideration The Christian Emperors seem to have made no doubt of this For they made War sometimes for no other Cause but that of Religion against such Kings as persecuted the Christians in Their own Dominions Sometimes when they had other Causes of War they preferr'd this before all the rest which certainly they would not have done if it had not weighed much in their Opinion Of them of the Roman Communion there hath been enough already said to shew their Opinion of this Cause They that are for propagating Religion by the Sword cannot but think it a just Cause of War against any Prince that he persecutes those of their Religion We have a notable Instance of this in Cardinal Pool who was one of the moderatest Papists of his age and yet writ a Book wherein he prest it most earnestly upon the Emperor Charles V. as his Duty to give over his War with the Turk and to turn his Arms against King Henry VIII for oppressing the Catholicks in his Dominions Pope Pius V. whom they have lately made a Saint was as earnest with the Emperor Maximilian and with the Kings of Spain France and Portugal He would have them all make War against Queen Elizabeth for persecuting his Catholicks though she never touch'd one of them till that Pope had forc'd her to it by stirring them up to Rebellion against her with his famous Bull of Deprivation § 39. For the Opinion of Protestants in this matter we have it sufficiently declared in the Reign of that excellent Queen who made War first or last against all the Popish Princes in her neighborhood for persecuting the Protestants in their Kingdoms And herein she was not only justified by the Pens of our greatest Lawyers and Divines but she had also the approbation and assistance of our Parliaments and Convocations It appears she was the rather inclin'd to do this by a Jealousy of State for which there was an evident Cause in those Popish Doctrins before-mentioned For she knew that those Kings accounted her and her People to be Hereticks as well as they did their own Subjects whom they used so very ill for no other Cause but because they were of her Religion And therefore she had Reason to fear that when they had done their Work in the destroying of that Religion at home in their own Kingdoms the same blind Zeal acted by the same Principles would bring them hither at last for the finishing of their Work or as some have worded it since for the rooting out of the Northern Heresie This was such a danger that if she had suffer'd it to grow upon her it had been a betraying of her Trust which she could not have answer'd to God And yet there being no way to prevent it but by making War upon them in their own Kingdoms this ought to be accounted a Defensive War and that made upon very just Cause as hath been already shewn We have Reason to hope that all Popish Princes are not under the Power of those Principles But yet when any of them persecutes his Subjects that are of another Religion beyond the standing Laws of his Kingdom they cannot expect that other Princes which are of that Suffering Religion can be so confident of this as to stand idle and look on and not rather when they see the danger comes towards them to defend themselves from it if they can by beginning a War in that Prince's Dominions § 40. There is yet a greater Cause for this when the Suffering Religion is that which is establisht by the Laws of that Kingdom and yet the King that is sworn to those Laws and therefore bound to support that Religion is manifestly practising against it and endeavours to supplant and oppress and extinguish it What should other Princes or States that profess the same Religion do in this Case They see that such a King is set upon the destroying of their Religion He hath declar'd a hostile mind towards the Professors of it in judging them not capable of enjoying their Temporal Rights If he deals thus with his own People what are Forreigners to expect at his hands Can they think themselves secure because they are at Peace with
A DISCOURSE of God's ways of DISPOSING OF KINGDOMS By the Bishop of S. ASAPH Lord Almoner to THEIR MAJESTIES A DISCOURSE of God's ways of DISPOSING OF KINGDOMS PART I. By the Bishop of S. ASAPH Lord Almoner to THEIR MAJESTIES King Charles I. Works p. 711. in his Letter to his Son With God I would have you begin and end who is King of Kings the Soverain disposer of the Kingdoms of the World who putteth down one and setteth up another Publish'd by Authority LONDON Printed by H. Hills for Thomas Jones at the White-Horse without Temple-Bar 1691. TO THE READER HAVING had the honor to preach before their Majesties on the fift day of November last and afterward to be commanded by Them to print my Sermon which contain'd many things concerning the late Revolution I humbly crav'd leave to put my thoughts into another form wherein I might not only say those things more at large but also prove what I had said in that Sermon knowing I could do it by such Authorities as would be sufficient to clear me from that charge of Singularity or Novelty which hath been too liberally thrown upon others that have preach'd or written on that subject I know I am not better then my Brethren that have been thus us'd and therefore I expect to be treated no better then they have been But I think I have taken a Course to prevent the bringing of any charge against me on that head It will appear that I have deliver'd no other Doctrin then that which has been receiv'd and past for current in the Church of England ever since the Reformation And I hope it will be some service to that excellent Church to shew that what some have reported of her Doctrins hath had no other ground but the mistakes of some of her Sons who tho excellent men and such as our Church may justly glory of upon other accounts yet I must needs say have judg'd too hastily of this matter and seem to be too jealous of themselves for fear some wordly consideration should strike in with those second thoughts that would make them judge otherwise We are not to answer for the private Opinions of all that are or have been of our Communion But God be prais'd we may safely stand by the Doctrins of our Church and the most approv'd Writers thereof They are those that I have endeavour'd to set forth in this following Discourse While we adhere to them it will be for the honor of our Church that as it hath been always accounted the Bulwark of the Protestant Religion and prov'd it self to be so most eminently in the last Reign so it will appear to be the only unshaken strength of this Monarchy especially by the encouragment it hath now under their Majesties Government which I beseech God long to continue to his Glory and the peace and prosperity of these Kingdoms THE CONTENTS OF CHAPTER I. 1. THE Occasion of Psalm LXXV pag. 1. 2. The Scope of the Words vers 6 7. 1. 3. I. That Power is from God 2. 4. II. That he gives it Judicially 3. 5. The Heads of the following Discourse 4. 6. Of the Institution of Government 5. 7. Of the several sorts of it 6. I. Of God's Conferring it on Persons 1st Immediately 8. I. In the Patriarchical times 7. 9. 2. In the Jewish Theocracy 9. 10. 3. In their hereditary Kingdom 9. 11. 2dly Mediately by the Peoples consent 10. 12. 1st On Account of Merit 11. Thus especially on Founders of Nations 11. 13. On first Planters 12. 14. On Restorers and Deliverers 12. 15. 2dly On Account of Favour 14. 16. In the first Elections of Kings pag. 14. 21. In the hereditary Successions from them 15. 22. In Elective Kingdoms 16. 23. In Free States 16. 24. II. Of God's Transferring it from one to another 17. 25. That this is the Act of God 18. 26. By giving one a Conquest over the other 19. 27. That God doth this Judicially 21. 28. I. By way of Judgment on King or People 21. 29. Particularly on Kings 23. 29. For neglect of Government 23. 30. For Oppressing their People 24. 31. This is Just and necessary 25. 32. II. By way of Justice for 27. 33. 1. War is an Appeal to God 28. 34. 2. It is proper to Kings 29. 35. 3. 'T is lawful when they have Just Cause 33. 36. Great danger makes it Necessary 34. 37. Especially when also Religion is concern'd 37. 38. When Religion is opprest in another Kingdom 39. 39. Example of this in Queen Elizabeth's time 42. 40. Especially where it is settl'd by Law 45. 41. 4. Such a Cause makes a Just Conquest 49. 42. And that Conquest gives Right 50. 43. Doubted when the Cause is certainly unjust 55. 44. No doubt when the Cause is certainly Just. 58. 45. A doubtful Cause is enough for the Prince in Possession 59. 46. The People◠ought to be satisfi'd with this 61. 47. But much more when they see a certain Just Cause 33. 48. When the Cause is for their sake it is to them not a Conquest but a Deliverance 66. A DISCOURSE of God's ways of DISPOSING OF KINGDOMS Psalm LXXV verses 6 7. For Promotion cometh neither from the East nor from the West nor from the South But God is the Judge He putteth down one and setteth up another § 1. THIS Psalm was compos'd by David as I take it considering the State of Affairs that was immediatly after Saul's death When as it is here ver 3. the Land and the Inhabiters thereof were dissolv'd and even ready to fall but that David bore up the Pillars of it § 2. Then being in the nearest prospect of the Kingdom he called to remembrance what he had formerly said what warnings he had given to those Fools and wicked men that laid about them in Saul's time as if there would be no end of it I said to the fools deal not so foolishly and to the wicked lift not up your horn Do not bear your selves so high as it seems they did on that unhappy King's Favor Do not boast your selves of the power you have to do mischief That 's the common use of Power when it comes in the hands of Fools and wicked men § 3. To teach them better David shews whence it is that Power comes into Mens hands and upon what terms they are to hold it These two things the Psalmist shews in the words of this Text. First for the true Original of Power This in David's time all men took to be from Heaven but from whom there many knew not The Eastern Nations who were generally given to Astrology took it to come from their Stars and especially from the Sun which was the chief Object of their Worship The Psalmist tells them No. Promotion cometh not that way Neither from the Planet's rising nor setting nor from its exaltation in mid-Heaven That 's the meaning of the words from the East nor from the West
the Government and to make themselves Lords of it and therein to execute God's Judgment on that wicked Prince or Nation This was Saul's Case on which this Psalm seems to have been made He had driven out David the Terror of the Philistines and put the Priests to death for relieving him for which Injustice and Cruelty together with his other Sins God brought in the Philistines upon him and made him feel the want of those brave Men that he had driven away for in the day of Battel he had none to stand by him and so he lost both his Kingdom and his Life S. 29. So it commonly happens to those Kings that living in a setled Kingdom will not govern according to the Laws thereof It is a breach of Faith not only to their people but to God also where they are sworn to the observing of Laws And though they are not therefore to be deposed by the people yet they cannot escape the vengeance of God who ordinarily punishes them with the natural effects of their Sin S. 30. Thus in the Case of not execution of Laws especially those that are a check upon Irreligion and Immorality the very neglect of the due administration of Justice though it seems to be nothing at present yet in time it will destroy the Government It bringeth the people into a Contempt of Authority and they are not much to be blamed for it for what are they the better for such a Government It lets them loose to all manner of Sins many of which are destructive to Society and all expose them to the wrath of God Both these ways they are disposed for Rebellion at home and so enfeebled withal that they cannot withstand a Foreign Enemy In this corrupt and weak Estate of a Government it is almost impossible that there should not be an Alteration S. 31. On the other hand if a Prince will have no Law but his Will if he tramples and oppresseth his people their patience will not hold out always they will at one time or other shew themselves to be but Men. At least they will have no heart to fight for their Oppressor So that if a Foreign Enemy breaks in upon him he is gone without remedy unless God interpose But how can that be when God is Judge himself Should the Judge hinder the doing of Justice It is God's Work that Foreigner comes to do Howbeit he meaneth not so He means nothing perhaps but the satisfying of his own Lust. But though he knoweth it not he is sent in God's Message for which all things being prepared by natural Causes and God not hindering his own Work but rather hastening it no wonder that it succeeds and that oftentimes very easily S. 32. If there seems in all this to be any hard measure put upon Kings it ought to be consider'd how much harder it would be upon the People if it were otherwise When it happens as it doth sometimes and that especially for the Sins of a Nation that they come to be under weak or wicked Kings even these they must not resist God hath taught them otherwise What then Must they be left to the Wills of these Tyrants Or of them that govern weak Kings which is commonly worse Must they endure all the load of Oppression that these will lay upon them that is for a few Mens pleasure must a Nation be made miserable This is far from God's design in the Institution of Government He makes Kings his Ministers for the good of their People If any will take that Office upon them they must behave themselves accordingly Otherwise if they take it as given them only for themselves it is such a breach of Trust that God cannot but punish them for it But how should he do this so as that the punishment may have its effect in warning others not to transgress in like manner He cannot do this better than by making Men his Instruments in it And therefore it is that God though he has infinite ways yet commonly chuses to employ Men in this Service He either finds them at home that are not afraid of the Power as they ought to be or he brings them in from Foreign Countries Whistling for the Fly out of Egypt or the Bee out of the Land of Assyria In plain words stirring up a Pharaoh or a Nebuchadnezzar against them God may employ such if he will though none is too good for this work to execute his righteous Judgments And when God doth his work by their hands whatsoever the Instruments may be the Cause being so Just and so evident as we have supposed All Men that see it will say Doubtless there is a God that judges on the Earth S. 33. In the way of Justice God acts as a Judge between two Soveraign Powers when they bring their Causes before him that is when they make War upon one another And when he seeth his time that is when he finds the Cause ripe for Judgment if it proceeds so far then he gives Sentence for him that is injur'd against him that hath done the Injury The effect of this Sentence is a just Conquest and that is the other way in which God proceeding Judicially puts down one and sets up another That this may be the better understood there are four things to be consider'd particularly First That War is an Appeal to the Justice of God Secondly That none can be Parties to this but they that are in Sovereign Power Thirdly That to make it a just War there must be a just and sufficient Cause Fourthly That Conquest in such a War is a decisive Judgment of God and gives one a Right to the Dominions that he has conquer'd from the other S. 34. That War is an Appeal to God this appears in the nature of the thing For it is the Act of two Parties that differ about their Right And they put it upon such an issue as none but God can give For both agree in effect that the Right shall be adjudg'd to him that has the Victory And it is God alone that is the Giver of Victory Therefore the Judgment of God has been solemnly appeal'd to by Nations when they were engaging in War We see a notable Instance of this in the History of Jephtha When his Country was invaded by the Ammonites he stood up to defend it with this express Declaration to their King I have not sinned against thee But thou dost me wrong to war against me The Lord the Judge be Judge this day between the Children of Israel and the Children of Ammon The like Declarations are frequent in the ancient Roman History S. 35. The Parties to this Appeal are properly such as have no Superior but God For them that have an earthly Superior their Appeal lies to him as God's Minister attending continually on this very thing So that Subjects know
this case He hath Eleven Points of the Law But beside if as it commonly happens one of the two must be obey'd either he that is driven out or he that comes in his stead the Matter being so doubtful between them then as it seems most reasonable that Obedience should be paid to the latter as having all the Advantage of Law on his side so it is plainly necessary for the Peace and Tranquility of the Nation which cannot well be settled otherwise Thus it was judged by our great Casuist in a Question of Hereditary Right between two or more Competitors that as long as they are yet in Dispute with one another It is the Duty of one that loves his Country to obey him that is in Possession of the Kingdom as his Lawful Prince § 46. Upon this Ground it has been commonly judg'd by the Law of Nations that the Right goes along with the Possession Of this we see Examples in every Revolution that happens in this or any other Kingdom When a King is driven out with any colour of Right the Neighbouring Princes and States make no great Difficulty of applying themselves to him that comes in his stead wherein though perhaps they too much follow their own Interest yet it cannot be said that what they do is against the Law of Nations But what should Subjects do in this Case Of this we have an Example in the People of God when they pass'd successively under the Yoak of those four great Monarchs that were formerly mention'd It is likely that each of those Kings that got the Power over them first declar'd the Cause of the War that he made upon their former Lords In that Case though they could not judge of the Cause whether it was Just of Unjust yet no doubt they did well in adhering to him that was in present Possession Thus we see they did to Darius till such time as they found themselves in the Power of the Enemy but then the same Reason being turn'd on his side they thought it necessary to preserve themselves and their Country by yielding to him who had a Just Cause of War for ought they knew and so far as they could judge by the Success it had Gods Approbation To a People that are in such a case it is no small Comfort that whatsoever doubt they may have of the Cause of the War yet there is no doubt at all concerning their Duty There is nothing more certain than this that they ought to preserve themselves if they can do it Lawfully But it is Lawful for them to forbear Fighting when they are unsatisfied of the Cause And if their own Prince is not able to protect them it is lawful for them to take protection elsewhere Therefore in Case of Invasion for a Cause which is just for ought they know it is lawful for them to live quietly under the Invader nay it is not only Lawful but their Duty as hath been already shewn to acquiesce in his Government when he comes to be in Possession § 47. But when they are certain that a War is made upon their Prince for just Cause that is when they plainly see he hath drawn it upon himself by making it not only Lawful but Necessary for another Prince to invade him for his own Preservation What are the People to do in this Case No doubt they ought first to have a care of their Souls and not to endanger them by being Partakers of other Men's Sins They cannot but see that by engaging in the War they abet their own Prince in his injustice though not in his doing the Injury yet in continuing what is done and in his not giving Reparation And therefore they are subject to the same Punishment with him Nay their Condition is worse then his For he may shift for himself and leave them and all they have to be a Prey to the Enemy Who by right of War may do with them and theirs what he pleases It is therefore certainly their wisest Course to keep themselves free from all Offence both towards God and towards Man That having had no part in the Cause of the War they may not be involv'd in the ill Consequences of it And this they have reason to expect from a Generous Enemy that he will not use the Right of War against them that desire to live peaceably Much more if he hath declar'd he would not hurt them that should not resist him they have Reason to trust a just Prince upon his Declaration And if he went so far as to declare that upon their Submission they should enjoy the benefit of their own Laws then although it should come to a Conquest they may reasonably expect to be in no worse condition under the Stranger then they were under their own Prince They have his Faith engaged to them for this But if the Stranger declares he makes War in defence of another King's Subjects as we have shewn he may lawfully do when he finds himself in danger of suffering by that King's Oppression of his own People in this Case they are first to consider whether it is a meer pretence or whether there be a reall ground for his Declaration If they find there is a just and sufficient ground for it they see in effect that it is through Them that he is struck at and therefore the War is not so much His as their own It is true according to our Doctrine they are united to their Prince as a Wife to her Husband so that they can no more right themselves by Arms then she can sue her Husband while the bond of Mariage continues Yet as when her Husband uses her extremely ill she may complain of him to the Judge who if he see 's Cause may dissolve the Mariage by his Sentence and after that she is at liberty to sue him as well as any other Man So a People may cry to the Lord by Reason of their Oppression and he may raise them up a Deliverer that shall take the Government into his hands a Foreign Prince may lawfully do this as hath been already shewn and then they are not only free to defend themselves but are oblig'd to joyn with Him against their Oppressor For the People's Union with their Prince though it cannot be dissolv'd but by a Sentence from God yet by the Prince's own Act it may be so loosend that it may be next to dissolution The Laws are the Bond of Union between Prince and People By these as the Prince holds his Prerogative so do the People their just Rights and Liberties Now suppose a People so Opprest by their Prince that their Laws being trodden under foot they are in danger of losing not only their Temporal Rights but as much as can be their Eternal In this Case there 's no doubt that the Oppressor and the Oppressed become two Parties being distinguisht by the most different
saith it is altogether false but corrects this afterward saying nisi fortasse in Tyrannidem declinet unless he happen to become a Tyrant of which this Jesuit allows the People to be Judge He might as well have agreed with his Fellows By giving one a Conquest over the other God gives a Conquest Judicially a Psal. Lxxxii I. I. By way of Judgment a Psal. Lxxv. 8. On Kings a King James's Works pag. 531. Every King in a setled Kingdom is bound to observe the Paction made to his People by his Laws in framing his Government agreeable thereunto Ib. A King governing in a setled Kingdom leaves to be a King and degenerates into a Tyrant as soon as he leaves off to govern according to his Laws in which Case the King's Conscience may speak to him as the poor Widow said to Philip of Macedon either govern according to your Law Aut ne Rex sis b King James's Works pag. 553. I was sworn to maintain the Law of the Land and therefore I had been perjured if I had altered it Ib. pag. 531. All Kings that are not Tyrants or perjured will be glad to bind themselves within the Limits of their Laws And they that persuade them the contrary are Vipers and Pests both against them and the Commonwealth c Pufendorf de Leg. Nat. Gent. VII 6. 10. If he promiseth at his Coronation to govern according to Laws and breaks his Promise he is forsworn and yet that doth not dissolve his Government King James's Works pag. 531. Though no Christian ought to allow any Rebellion of People against their Prince yet doth God never leave Kings unpunisht when they transgress these Limits For Neglect of Government For oppressing the People a Esay X. 7. This is Just and Necessary b Rom. Xiii 2. a Rom. XIII 4. b Rom. XIII 3. c Esay VII 17. a Psal. Lvii. 11. b When Don Pedro King of Castile by his Tyranny had so lost himself at home and gained so many Enemies abroad that his Bastard Brother being set up against him by some of the Neighbouring Kings had driven him out of his Kingdome without Blood he came to our Black Prince who was then at Bourdeaux and desir'd him to bring him back into his Kingdom The Prince called a Council upon it where some of his Friends advised him to forbear telling him the great Evils that this King had done and adding this in the Conclusion All that he hath now to suffer is but the Rod of God sent to chastise him and to give Example to other Christian Kings and Princes of the Earth that they may not do like him Froissart Hist. l. 231. 2 God does this by way of Justice 1 War is an Appeal to God a 1 Chron. Xxix. 11. b Judg. XI 27. 2 It is proper to Kings a Rom. Xiii 6. b 1 Pet. II. 13 14. a Bishop Bramhall's Works p. 834. Private Right and private Justice is between particular Men. Publick Right and publick Justice is between Common-wealths as in a Foreign War b See Pufendorf de Jure Nat. Gent. II. 3. 21. Hooker Eccles. Pol. I. Saith of the Law of Nations that it can be no more prejudiced by the Laws of any Kingdom than these can be by the Resolutions of private Men. c See Grot. de Jure Belli Pacis i. 2. 1. ad 5. d Rom. Xiii 3 4. Mat. xxvi 52. Dudley Digs of the unlawfulness of Subjects taking up Arms London 1675. § 3. p. 75. Equals if injur'd they require Satisfaction and upon denial of it attempt to compass it by force they are esteem'd by the Law of Reason and Nations Just Enemies whereas Subjects if they make War upon their Sovereign tho' when wrong'd are worthily accounted Rebels See Albericus Gentilis de jure Belli B. fol. 1. from Pomponius c. 118. tituli Digest de verb. Signif Ulpian c. 24. tit de Captivis See Grot. de Jure Belli Pacis l. 3. 5. Zouch p. 30 de jure inter Gentes l. 6. 3. When they have Just Cause e Justinian Instit. l. 2. As in fear of great Danger f Lord Bacon's Works London 1670 p. 2. in his Considerations on the War with Spain The second of his three Just Grounds for that War was a just Fear of Subverting our Civil Estate And thereupon he says That Wars preventive upon just Fears are true Defensives as well as upon an actual Invasion In his Works London 1638. among his Sermones Fideles p. 189. he goes further in saying justus metus imminentis periculi etsi violentia aliqua non praecessit proculdubio Belli causa est competens legitima A just Fear of imminent Danger tho there has not been any Violence used is but of all Doubt a sufficient and lawful Cause of War g See Grot. de Jure Belli Pacis II. 20 39. And Pufendorf de Jure Naturae Gentium VIII 6. 3. h Albericus Gentilis de Jure Belli I. fol. C. 3. saith it is Defensio Utilis quando verendum ne petamur And Defensio Honesta quando alios tuemur He brings both these together in the Case of Queen Elizabeth's defending the Dutch against the King of Spain Ib. fol. D. he saith She might justly do it for if the Government of the Netherlands should be changed and the King of Spain become Absolute she her self would be in Danger of him He saith this is ipsa Ratio Imperiorum See Grot. de Jure B. P. II. 25. 8. And Pufendorf de Jur. Nat. Gent. VIII 6. 14. ending See Grotius de Jure Belli Pacis II. 20. 40. Especially when also Religion is concern'd Justinian Coll. VI. 7. 4. It is for this Cause that woâ—â—â— have made so many Wars in Africk and Italy namely for Orthodoxy in Religion and for the Liberty of our Subjects Bishop Bilson of the true difference between Subjection and Rebellion Oxford 1625. p. 381. in the Margin has this Position Princes who bear the Sword may lawfully wage War for Religion i Grot. de Jure Belli Pacis II. 20. 48. k See Concil Lateran IV. Canon 4. that it is every Prince's duty to persecute and that in Case he neglect it he thereby forfeits his Dominions See the Oath that every Popish Bishop takes in the Pontisicale Romanum It has these words in it I will persecute all Hereticks and Schismaticks Rebells to our Lord the Pope and will fight against them to the utmost of my Power Suarez de Legibus III. 5. 8. ending Saith Heathen Kings cannot be deprived of their Power by War unless they abuse it to the injury of Christian Religion or the destruction of the Faithful that are under them as is the constant Opinion of Divines Meaning of them in the Roman Church Again III. 10. 6. If Insidels have the Faithful for their Subjects and would turn them from the Faith or Obedience of the Church then the Church has just Cause of War against them
to be his Faithful Subjects and this subsequent Act gives him a LAWFUL RIGHT TO THE MONARCHY b Andrews on the Commandements Lond. 1650. p. 331. Kingdoms when they are obtained by a Just Conquest are not to be accounted Tyrannical because they are Just for there may be A JUST TITLE BY CONQUEST when the War is upon Just Grounds Ib. p. 461. Besides those original ways of Propriety there is also a Propriety by the Right of War or Law of Arms because the Magistrate hath Power and Authority to use his Sword abroad as well as at home and may punish a Foreign Enemy in some cases even by expelling him his Land and in this Right of Propriety he hath not only Dominium the Lordship and Dominion over it but Usum the use also Sanderson Oblig Consc. VII 17. Speaking of them that come into Government vi armis saith they come in either by meer Usurpation without any pretence of Right or by making Just War upon their Enemies by whom they are unjustly provoked Ib. VII 24. He saith BY THE LAW OF NATIONS that Power of a Prince is Just which is either gotten by Just War or which by long Possession is confirm'd as by a Right of Prescription Bramhall's Works p. 527. Those whose Predecessors OR THEMSELVES have attain'd to Sovereignty by the Sword by a Conquest in a Just War claim immediately from God Ib. p. 537. Just Conquest in a Lawful War acquireth good Right of Dominion as well as Possession Neither is this to alter the Course of Nature or frustrate the Tenor of Law but it self is THE LAW OF NATURE AND NATIONS A doubtful Cause is enough for the Prince in Possession a Sanderson de Oblig Consc. V. 15. Where among the Examples of such Competitors he mentions that very sharp and long Dispute that was between the two Houses of York and Lancaster concerning the Succession of this Kingdom in which according to his Judgment a good Patriot ought to have obeyed the King that was in Possession And thus he concludes IT IS CERTAIN BY THE CONSENT OF ALL NATIONS ALL THE WORLD OVER that the Laws every where not only that of 11 Hen. VII but the Laws EVERY WHERE have favour'd him that is in Possession and in such Cases that Famous Sentence of the Lawyers has always carried it In rebus dubiis melior est conditio possidentis a See §. 42. The People ought to be satisfied with this b See §. 42. Albericus Gentilis de Jure Belli III. f. C. blames Lucan for calling Alexander Orbis Terrarum Praedonem For saith he Alexander declar'd a Just Cause of War and when he had the Victory that then he might possess himself of his Enemies Dominions is MORE THEN A RECEIVED OPINION Alexander's Reasons are express'd in his Epistle to Darius which is in Arrian Exped Alex. II. a See § 45. But much more with a certain just Cause b See § 36. a See Grot. de Jure B. P. III. 13. 4. and 15. 12. b See §. 36. a See §. 25. Jud. II. 18. and IV. 3. Jud. III. 9 15 b §. 36. When the Cause is for their Sake it is to them not a Conquest but a Deliverance a Calvin's Law-Dictionary has this sense of the word Evictio est ejus rei quam Adversarius legitimo jure acquisierat per Judicem recuperatio In this Sense it seems to have been us'd in speaking of the fall of Maxentius whereof see the following Note b §. 46 47. a See §. 42. Note a. In memory of his Victory over Maxentius the day on which it happen'd being the 27th of October was styl'd in the Christian Roman Calendar Evictio Tyranni what that means See in the former Note On the Arch which was set up in memory of it and which is yet to be seen at Rome there is Inscrib'd CONSTANTINO MAXIMO c. LIBERATORI URBIS FUNDATORI QUIETIS See Grut. Inscr. p. 282. In his Coins he is call'd RESTITUTOR LIBERTATIS CONSERVATOR URBIS SUAE and AFRICAE SUAE c. See Mediobarbus Likewise upon the overthrow of Maximinus the joy and thanksgiving of Christians for their Deliverance See in Euseb. hist. X. 1 and 2. And see his Panegyric to Paulinus Bishop of Tyre esp p. 378. of Valesius Edition and remember that both these were Subjects of that Emperor Maximinus Of the joy of Christians upon their Deliverance from the Tyranny of Licinius enough hath been said in §. 40. Acts of Parliament and Convocation in Queen Elizabeth's time by which it appears as hath been already said in §. 39. that in the Wars that She made on the account of Religion She had both their approbation and assistance V o. Eliz. A. D. 1562. In the Convocation that fram'd the 39 Articles The Prelates and Clergy being Lawfully congregated calling to remembrance c. and finally pondering the inestimable charges sustain'd by Your Highness in reducing the Realm of Scotland to Unity and Concord as also in procuring as much as in Your Highness lies by all kind of Godly and prudent means the abateing of all hostility and Persecution within the Realm of France practis'd and used against the Professors of God's holy Gospel and true Religion hath given and granted c. A Bill of Subsidy in Rastall's Collection II. p. 84. Edit Lond. 1618. XIII o. Eliz. A. D. 1571. When the Parliament enjoyn'd the subscribing of those Articles The Prelates and Clergy c. considering farther the inestimable Charges sustain'd by Your Highness in procuring by all Godly and prudent means the abating of all Hostility and Persecution within the Realm of France and in other Places practis'd against the Professors of God's holy Gospel and true Religion have given and granted as follows Rastall Ib. p. 167. XLIII o. Eliz. A. D. 1601. In her Convocation a Subsidy was granted by the Clergy with this reason exprest For who should have a more lively sence of Your Majesty's princely Courage and Constancy in advancing and protecting the free profession of the Gospel within and without Your Majesty's Dominions then the Clergy Rastall Ib. p. 520. XXXV o. Eliz. There was a Subsidy granted by the Temporalty together with an acknowledgment of the Great Honor which it hath pleas'd God to give Your Majesty abroad in France and Flanders in making You the Principal Support of all just and Relegious Causes against Usurpers So that this Island hath in Your Majesty's days been a Pray and Sanctuary to distressed States and Kingdoms and is a Bulwark against the Tirannies of mighty and usurping Potentates Rastall Ib. p. 421. XXXIX o. Eliz. There is another Subsidy granted to that Queen by the Temporalty almost in the same words Rastall Ib. p. 479.