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A45399 Dr. Hammond's brief resolution of that grand case of conscience (necessary for these times) concerning the allegiance due to a prince ejected by force out of his kingdoms; and how far the subjects may comply with a present usurped power.; Brief resolution of that grand case of conscience. Hammond, Henry, 1605-1660. 1689 (1689) Wing H517; ESTC R218875 2,965 5

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Dr. Hammond's brief Resolution of that Grand Case of Conscience necessary for these Times concerning the Allegiance due to a Prince ejected by Force out of his Kingdoms and how far the Subjects may comply with a present Usurped Power Question DOth not Victory give a Right to the Conquercur And doth it not thence follow that he which is ejected out of his Kingdom by Force of a prevailing Party hath thereby lost his Right of Allegiance from his former Subjects And is not then that Right devolved on the Conquerour by the force of these words of God when he saith Dan. 4. 17. and 25. 32. That he ruleth in the Kingdoms of Men and giveth it to whomsoever he will and setteth up over it the basest of Men And of Ecclus. 10. 8. because of Unrighteousness the Kingdom is translated from one People to another And when he doth so are not all Members of such a Kingdom obliged as the Israelites in their Deportation to Babylon to yield Obedience to the Conquerour Answer This Objection consists of divers Branches and I shall answer it by degr●es 1. That all Victory doth not give a Right to the Conquerour but onely when the War being founded on a just Cause that just Cause hath 〈…〉 with Victory And when that is depends wholly on the truth of that Quetion concerning the Lawfulness of any War. Now 〈◊〉 there can never be just War on the Subjects part against their 〈…〉 they want the Warrart of Supr●me Authority without which though the Cause should be never so just and the End never so good all the Blood that is shed is no better than Murther Therefore though the Subjects in such a War should prevail against their Sovereign yet neither is he hereby divested of his just Right nor they invested therewith because the War was wholly unjust on their part for want of Authority 2. Therefore if that Party whose Cause is Unjust shall yet prevail and prove successfull then in answer to the second Branch I say that there is no Right acquired by this For 't is a mistake to think that this is the meaning of Jus Victoriae the Right of Victory which the Civil Lawyers speak of as if God had by this lottery testified his Judgment of the Right and pronounced that Just now which was Unjust before or that the present Force is always to be looked on as the Higher Powers and allowed the Obedience required by the Apostle as due to them which is the mistaking of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Power for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Authority and agrees with that speech of the Atheists Wis 2. Our strength is the Law of Justice and that which is feeble is found to be nothing worth And we know 't is Gods ordinary dispensation now under the Gospel to permit Violence to oppress the Godly which sure is no Argument that those prosperous Ungodly have the sole Right to the Possessions of the World or that the opprest Godly Man shall no longer be thought to be opprest when the prosperous Oppressour is arrived at the height of his oppression 3. The Question then being removed from the Title of Force which being itself unjust cannot confer Right on any It must next be consider'd what Dedition that is yielding or resigning up of one's Right can doe That will be of two sorts either of the Prince or the People and again either Voluntary or Involuntary A Voluntary Dedition or yielding up of the rightfull Possessor if he be a private Man transfers a Right But a Prince being a publick Person and having an obligation of Protection to his Subjects cannot without some breach of that Obligation abdicate his Kingdom nor consequently voluntarily yield up his Power or if he do he cannot transfer the Right to any save to the lawful Heir or Successor without the tacit or express Consent of the People also But in case they consent also then will his Right in Kingdoms Elective be transferred by the joint yielding of the King and his Subjects As for Kingdoms hereditary the Subjects Consent is not necessary but the King 's yielding up of his Right alone is sufficient to transfer the Right to the next Heir Neither can the joint Act both of King and People transfer this Right from the next Heir to any other The King 's yielding is an Absolution of the Subjects from the Allegiance formerly due to him by them and so makes it lawfull for them to yield the same to another and when 't is thus free and lawfull to them the Intervention of their own Act also becomes Obligation on them to submit to that Person so yielded to And when this is done in Kingdoms Elective and withall when no Heir is left to make Claim or the Claim is relinquish'd by the right Heir in Kingdoms hereditary then is the Kingdom removed and given by God who now rules not immediately among us as he did in the time of the Theocracy among the Jews but is then said to remove a Kingdom when his Providence so disposes that by the Laws and Right among Men it is removed to another But till this be done i. e. till He or They in whom the Right both of present Possession and future Claim by Inheritance is truly vested do voluntarily yield up that Right and when that is done till they which by their yielding are freed from their former Bands do now by their own Act enter into new what Force soever there be and how successfull soever the Force be there is not thereby any such Victory compleated as shall be able to confer Right on the Victor nor remove it from him that hath and still protests his Right though as yet he be not strong enough to vindicate it 4. But then in the next place if there be a Dedition or yielding up by the King and that Dedition involuntary that is such as nothing but the present Success of the Force hath inclined him to then certainly doth it not so divest him of his Right as that it shall be unlawfull for him when he can to make Claim and recover it again As he that by a violent Invader is made to swear to pay such a Summ of Money it is acknowledged lawfull for him to implead that Thief and recover from him what in performance of that involuntary Oath he hath paid him In this case the difficulty is What Condition those Subjects are lest in for that time betwixt the involuntary Dedition of the King and his renewing of his Claim and the Solution must be That a Proportion be observed between the Act of the King and the Subjects consequent Act The Act of the King is but a present Dedition and doth not oblige him never to make any farther Claim again and consequently this gives not any such Absolution to the Subjects as that they may doe any thing which shall prejudice that After-Claim or blemish his Royalty such as are taking new Oaths of Allegiance Abjurations of him and his Issue Engagements to the Usurped Power c. All that it can doe is to make it free for them to submit to such other things of an inferiour nature which includes not any such blemishment of Rights of the lawfull Prince provided that they acknowledge not the lawfulness of the present usurped Power nor act as Ministers or Instruments thereof This is the utmost that seems possible to determine in this matter 5. As for that Power which Tract of Time may be thought to have in this business that is not considerable where the Claim is continued for that argues the Dedition involuntary and much less when there is no Dedition at all for there 't was before supposed that Force cannot conser Right 6. And if by this stating of the Case it follow that the Lot of the faithfull Subjects must be very unhappy at this time and that great Disorder must necessarily continue in such a broken Kingdom as long as the Contention between the violent Usurper and the just Owner thus remains undecided I answer That this is oft the Lot of the most pious Men under the Gospel who have their good things here mixt with Tribulations and must content themselves in the solaces of a good Concience in performing those Duties which cost them dearest and expect their full payment of joys without hardships to be paid them in another World. THE END