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A42235 The proceedings of the present Parliament justified by the opinion of the most judicious and learned Hvgo Grotivs, with considerations thereupon written for the satisfaction of some of the reverend clergy who yet seem to labour under some scruples concerning the original right of kings, their abdication of empire, and the peoples inseparable right of resistance, deposing, and of disposing and settling of the succession to the crown / by A lover of the peace of his country. Grotius, Hugo, 1583-1645.; Grotius, Hugo, 1583-1645. De jure belli et pacis. 1689 (1689) Wing G2124; ESTC R17553 9,269 34

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licet and St. Paul acquaints us with the Conditions of our Submission not for Wrath but Conscience sake knowing that he is the Minister of God for our Good. Nor indeed does it seem Christian or reasonable to impose Obedience farther than it shall appear to be for the general Good of the People for whose Safeguard and Protection not their Ruine and Destruction Government nay Religion it self was first instituted Vnicus imperii finis est populi utilitas saith Junius Brutus and I cannot but concur with this fundamental Maxim Salus populi est suprema Lex Grot. de Jure Belli Lib. 1. Cap. 4. Sect. 10. Si tamen Rex reipsâ etiam tradere Regnum aut subjicere moliatur quin ei resisti in hoc possit non dubito Aliud est enim ut diximus imperium aliud habendi modus qui ne mutetur obstare potest populus id enim sub imperio comprehensum non est Quò non male ap●es illud Senecae in re non dissimili Et si parendum in omnibus patri in eo non parendum quo efficitur ne Pater sit If a King shall endeavour to give up or subject his Kingdom to another I doubt not but he may be resisted for Empire is one thing and the manner of holding it another the Alteration whereof the People may hinder for that is not comprehended under the Notion of Empire it self To this may that Saying of Seneca be well applied being in effect the same case Although an universal Obedience is required to Parents yet not in those things wherein they cease to act like Parents What Designs have been carried on to alter the Government by subverting the fundamental Laws thereof and by private Leagues and Combinations with a neighbouring Prince to subject the Kingdom to his Power by admitting of a foreign Army into it is in part evident by the French King's Testimony and in convenient time will farther appear to add to those many other weighty Inducements which the People had to proceed by such Measures as the Wisdom of the Nation has thought fit Grot. de Jure Belli Lib. 1. Cap. 4. Sect. 9. Si Rex aut alius quis imperium abdicavit aut manifeste habet pro derelicto in eum post id tempus omnia licent quae in privatum sed minime pro derelicto habere rem censendus est qui eam tractat negligentius If a King or any other Superior Magistrate shall abdicate or manifestly desert the Government any thing may be lawfully done against him that may be done against a private Person but he who governs only negligently is not to be esteem'd as one who hath deserted The Word ABDICATE in its proper Sense is used to signifie when a superior Magistrate does renounce and utterly withdraw himself from the Government or from that share of it which he holds This may be done voluntarily and designedly by transferring the Government to another by some formal method of Conveyance as Charles the Fifth did to his Son being himself inclined to become a Recluse or else there may be an involuntary and undesigned Abdication as when an Office and the executing of the same does determine by Misfeasance or Nonfeasance The Word DESERT implies only a Nonfeasance and must naturally amount in all Ministerial Offices that of a King who hath only the Executive Power being no other to an end and determination of the same and thereby does vest again in Him or them who first created or instituted the Office an immediate power to erect and institute a new one together with such an Officer as they they shall approve of to execute it with such Restrictions and Limitations as they shall think expedient How far this poor Government has been abdicated renounced deserted and forsaken by Malefeasance Misfeasance Nonfeasance and at last by an utter Dereliction I need not repeat it being too evident to all but those who will not see than whom there is none so blind and incorrigibly ignorant Grot. De Jure Belli Lib. 1. Cap. 4. Sect. 8. Primum ergo qui Principes sub Populo sunt sive ab initio talem acceperunt potestatem sive postea ita convenit ut Lacedaemone si peccent in Leges Rempublicam non tantum vi repelli possunt sed si opus sit puniri morte quod Pausaniae Regi Lacedaemoniorum contigit Those Princes who are inferior in power to the whole Body of the People whether by original or subsequent Compact as in Lacedaemon if they violate the Laws or wrong the Commonwealth such may not only be resisted by force but if necessary be punished by death which befel Pausanias King of the Lacedaemonians How sacred the person of a King is I cannot determine but to his Office as to all things that are for universal good whilst executed in order to that end I will allow a Character of Sanctity Some Kings such as were by God's immediate appointment are stiled His anointed and were handed to his People with a particular command to be tender of their persons but this must be understood of such only who are also Nursing Fathers to their People for of others of a different stamp the Scripture speaks but with a slender respect when it says I have given you a King in my wrath In Deut. we find the People left to chuse a King from among their Brethren and Moses elsewhere prescribing Laws to him David makes a League with the People at Hebron which was doubtless that original Contract according to which he was to go in and out before them It was a noble expression of the Emperor Trajan when he delivered a Sword to a Captain of the Pretorian Band and said Hoc pro me utere si recte impero si male contra me but it is not upon every small occasion that Kings may be bound in fetters or that Trajan's Sword should be inverted to his own Breast A King's Office is sacred and so is his Right also which while it keeps within its due limits ought not to be invaded The Laws of God do in positive Terms command Honor and Obedience as well as Tribute to be paid to him with which the municipal Laws of this Kingdom do equally conspire in favor of his Dignity and Person But Divine as well as Human Laws tho they sound absolutely yet refuse not upon extraordinary Exigencies to submit to implyed Exceptions Upon this account the Jewish Doctors in case of their Sabbath which of all things was esteemed most sacred amongst them and the Laws for the observance of it most strict and absolute yet they held that Periculum animae impellit Sabbathum and for the same reason Christ himself justifies the breach of Sabbath and eating of the Shew Bread in cases of extreme necessity so likewise must the danger be imminent and the necessity very urgent that can any ways excuse so much as an irreverend thought of Majesty yet as the great Law of