Selected quad for the lemma: religion_n
Text snippets containing the quad
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A30362
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An enquiry into the measures of submission to the supream [sic] authority and of the grounds upon which it may be lawful or necessary for subjects to defend their religion.
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Burnet, Gilbert, 1643-1715.
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1688
(1688)
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Wing B5809; ESTC R215041
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11,479
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16
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in some cases a King may fall from his power and in other cases that he may fall from the exercise of it His deserting his people his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchical Lawyers such abuses that they naturally divest those that are guilty of them of their whole Authority Infamy or Phrenzie do also put them under the Guardian-ship of others All the crowned heads of Europe have at least secretly approv'd of the putting the late King of Portugal under a Guardian-ship the keeping him still Prisoner for a few Acts of Rage that had been fatal to a very few persons And even our Court gave the first countenance to it tho of all otâ—ers the late King hade the most reason to have done it at least last of all since it justified a Younger brother's supplanting the Elder yet the evidence of the thing carryed it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his power or at least from the exercise of it so far as that he ought to be put under Guardians and according to the case of Portugal the next Heir falls naturally to be the Guardian The next thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Eâ—rors that have been perhaps committed are only such Malversations as ought to be Imputed only to humane Frailty and to the Ignorance Inadvertencies or passions to which all Princes may be Subject as well as other men but this will best appear if we consider what are the Fundamental points of our Government and the chief securities that we have for our Liberties The Authoritâ— of the Law is indeed all in one word so that if the King pretends to a power to Dispense with Laws there is nothing left upon which the Subject can depend And yet as if Dispensing power were not enough if Laws are wholly suspended for all time coming this is plainly a repealing of them when likewise the Men in whose hanâ—s the Administraâ—ion of Justice is put by Law suâ—h as Judges and Sheriffs are allowed to tread all Laws unâ—er foot even thâ—se that infer an incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no mâ—re have the Administration of Justice so that it is really a dissolution of thâ— Government since all Tryals Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next thing in our Constitution which secures to us our Laws and Liberties is a Free and Lawful Parlâ—ament Now not to mention the breach of the Law of Triennial Parliaments it being above three years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an inâ—ire Liberty and without either Force or Pre-engagements Whereas if all Men are required before hand to enter into Engagements how they will Vote if they were chosen themselves Or how they will give their Votes in the Electing of others This is plainâ—y such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen aâ—ter all that Corâ—uption of Persons who had pre-engaged themselves and after the Threatning and Turning out of all Persons out of Employmenâ—s who had Refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corâ—orations as will certainly chuse the persons who are recommended to them But above all if there are such a number of Sheriffs and Majors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no Legal Officers and by consequence these Elections that pass under their Authoritâ— are null and void If I say it is clear that things are brought to this then the Government is disâ—olved because it is impossible to have a Free and Legal Parliament in this State of things If then both the Authority of the Law and the constitution of the Parliament are struck at and disâ—olved here is a plain subversion of â—he whole Government Buâ— if we enter nâ—xt into the particular bâ—anches of the Government we will find the like disoâ—der among them all The Proteâ—tant Religion and the â—hurch of England make a great Article of our Government the Latter â—eing secured not only of old by Magna Charta but by many special Laws made of late And there are parâ—icular Laws made in K. Chaâ—lâ—s the First and the late King's time securing them frâ—m all Commissions that the King can raise for Judging or Cenâ—ureing them If then in oppofition to this a Court so condemned is Eâ—â—cted which proceeds to Judge and Câ—nsure the Clergy and even to dâ—sseiâ—e them of their Free holds without so much as the Form of a Tâ—yal tho this is the most indispensable Law of all these that secures the Property of Englaâ—d And if the King pretends that he can â—equire the Clergâ— to publish all his Arbitrary Declarations And in parâ—icular one that stricks at their whole Setlement and has Ordâ—red Pâ—ocess to be begun against all that disobeyed this illâ—gal Warrant and has treated so great a number of the Bishops as â—râ—minals only for representing to him the reasons of their not obeâ—ing him If likewise the Kiâ—g is not satisfied to proâ—ess his own Religiâ—n openly tho even that is contraâ—y to Law but has sent Ambassadors to Rome and received Nunciâ—'s from thence which is plainly Treason by Law if likewise many Popish Churches and Chapels have been publickly opened if several Colledgâ—s of Iesuits have â—eâ—n set up in â—ivers parts of the Nation and One of the Ordâ—r has been made a Privy Counsellour and a Principal Minister of State and if Papists and even those who tuâ—n to that Religion tho deâ—laâ—ed Traitors by Law are brought into all the chief Employmâ—nts boâ—h Miliâ—ary and Civil then it is plain that all the rights of the Church of England and the whole establishment of the Protestant Reliâ—ion are struck at and designed to be overturned since all these things as they are notoriously illegal so they evidently deâ—onstrate that the grâ—at design of them all is the rooting out this Pestilent Heresie in their stile I mean the Protestant Religion In the next place if in the whole course of Justice it is visible that there is a constant pâ—actisâ—ing upon the Iudges that theâ— are turned out upon their varying from the Intentions of the Court and if Men of no Reputation or Abilities are put in their places If an Army is
AN ENQUIRY Into the Measures of SUBMISSION To the SUPREAM AUTHORITY And of the Grounds upon which it may be Lawful or Necessary for SUBJECTS to Defend their RELIGION LIVES And LIBERTIES LONDON Printed in the Year 1688. An Enquiry into the Measures of SUBMISSION to the Supream Authority And of the Grounds upon which it may be Lawful or Necessâ—ry for Subjects to Defend their RELIGION LIVES and LIBERTIES THis Enquirie cannot be Regularly made but by taking in the first place a true and full view of the Nature of Civil Society and more particularly of the Nature of Supream Power Whether it is lodged in one or moe Persons 1. It is certain that the Law of Nature has put no difference nor subordinaâ—ion among Men except it be that of Children to Parents or of Wives to their Husbands So that with Relation to the Law of Nature all Men aâ—e born free And this Libertâ— must still be supposed Entire unless so far as it is limited by Contracts Provisions and Laws For a Man can eiâ—her bind himselâ— to be a Servant or sell himself to be a Slave by which he becomes in the power of another only so far as it was provided by the Contract Since all â—hat Liberty which was not expresly given away remains still entire so that the Plea for Liberty alwayes proves it self unless it appears that it is given up or limited by any special Agreement 2. It is no less certain that as the light of Nature has planâ—ed in all Men a Natural principle of the Love of Life and of a desire to prâ—sâ—rve it so the commâ—n principles of all Religion agree in this that GOD having set Us in this World we are bound to preserve that Being which he has given Us by all Just and Lawful wayes Now this Duty of Self-Prâ—servâ—tion is exerted in instances of two sorts The one are in the resisting of violent Aggressors The other are the taking of Jâ—st Revenges of those who have invaded Us so secretly that We could not prevent them and so violently that We could nor resist them In which cases the principle of Self preservation warrants us both to recover what is our own with just Damages And also to put such unjust persons out of a capacity of doing the like injuries any more either to our selves or to any others Now in these instances of Self-preservation this difference is to be observed that the first cannot be limited bâ— any slow Forms since a â—ressing Danger requires a vigorous Repulse and cannot admit of delay whereas the second of taking Reverges or Reparations is not of such haste but that it may be brought under Rules and Forms 3. The true and original Notion of Civil Society and Government is that it is a com-promise made by such a body of Men by which they resign up the right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to sucâ— a single person or to such a body of Men as they think fit to trust with this And in the management of this Civil Society great distinction is to be made between the power of making Laws for the regulating the conduct of it the power of executing these Laws the Supream Authority must still be supposed to be lodged with those who have the Legislâ—tive Power reserved to them but not with thoâ—e who have only the Executive which is plainly a Trust when it is separated from the Legislative power and all Truâ—ts by their nature Impâ—rt that those to whom they are given are accountable even tho that it should not be expresly specified in the words of the â—rust it self 4. It cannot be supposed by the principles of Natural Religion that GOD has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the peace of Mankind nor invade those Rights with which the Law may have vested some Persons For it is certain that as private Contracts lodge or translate private Rights so the publick Laws can likewise lodge such Rights â—rerogatives and Revenues in those under whose protection they put themselves and in such a manner that they may come to have as good a title to these as any private person can have to his property so that it becomes an Act of high injustice and violence to invade these which is so far a greater sin than any such Actions would be against a private person As the publick Peace and Order is preferable to all private considerations whatsoever So that in truth â—the principles of Natural Religion give those that are in Authority no power at allâ— but they do only secure them in the possession of that which is theirs by Law And as no considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe So the considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due allâ—giance and Submission to their Princes but they do not at all extend that Allegiaâ—ce further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by Humane Means such as Succession or Industry yet he has a security for the enjoyment of it from a Divine Right so tho Princes have no immediate warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the possession of them by the Principles and Rules of Natural Religion 5. It is to be considered that as a private Person can bind himself to anothâ—r Mans service by different degrees either as an ordinary Seâ—vant for wages or as an appropriat for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery In all which cases the General name of Master may be equally used yet the degrees of his power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the conduct of others And therefore though all thoâ—e may carry the same name of King yet every ones power is to be taken from the Measures of the Authority which is lodged in him and not from any general Speculations founded on some Equivocal terms such as King Soveraign or Supream 6. Iâ—'s certain that GOD as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of His will must be made evident by Propheâ—s or other extraordinary Men senâ— of Him who have some manifest prooâ—s of the Divine Authority that is committed to them on such occasions and upon such Persons declaring the will of GOD in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegation can