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
But for Heretick Princes he says there that the Church has direct Power over them and may deprive them in punishment of their Infidelity or Heresie Ib. Q. when Religion suffers in another Kingdom 1 Cor. Xii 25 26. Justinian Coll. VI. 7. 4. It is for this Cause that we have made so many Wars in Africk and Italy viz. for Orthodoxy in Religion and for the liberty of our Subjects See Girolamo Catena's Life of that Pope And from him Camden's Annals A. D. 1572. Example in Q. Elizabeths time a Camdeni Annales A. D. 1559. In the Queen's Consultation concerning the demands of Succor for the Protestants of Scotland against the French faction in that Kingdom saith Pessimi Exempli videbatur Principem patrocinium praestare tumultuantibus Principis alterius Subditis At Impietatis ejusdem Religionis cultoribus deesse It seem'd a thing of very ill Example for one Prince to Patronize another Prince's Subjects in Commotion But it seem'd an Impious thing to be wanting to them of the same Religion Whereupon the Resolution was taken Ejusdem Religionis Professoribus Subveniendum Gallos a Scotia exturbandos That the Professors of the same Religion must be helpt and that the French must be driven out of Scotland Ib. A. D. 1562. When she sent the Earl of Warwick with an Army into France she declared she could not but do it unless she would let the Guises do their pleasure with that young King and his Protestant Subjects Quodque Maximum ne suam Religionem Securitatem Salutem ignave prodere videretur And which was chiefly to be considered least she should seem basely to betray her own Religion Security and Safety Ib. A. D. 1585. After Deliberation whether she should take upon her the Protection of the States against the King of Spain this was her Resolution Statuit Christianae Pietatis esse afflictis Belgis ejusdem Religionis Cultoribus subvenire Prudentiae exitiosas hostium Machinationes praevertendo populi sibi commissi incolumitati consulere Hinc Bâ—lgarum patrocinium palam suscepit She did Resolve that it was a duty of Christian Piety to help the Afflicted Dutch being Professors of the same Religion and that it was a point of Prudence by preventing the destructive designs of their Enemies to provide for the Safety of her own People Thereupon she took upon her publickly the Protection of the Dutch b Albericus Gentilis her Professor of Law in the University of Oxford de jure Belli D. Speaking of her War with Spain saith Age age obsiste Principum fortissima nam obsistis Justissime c Bishop Jewell's Defence of the Apology p. 16. c. and Bilson of the Difference between Subjection and Rebellion ubi supra d The Acts of Parliament and Convocation that prove this see at the end of this first Chapter a § 36. Especially where it is the Religion setled by Law An Answer to the Paper delivered by 〈…〉 his 〈◊〉 to the 〈◊〉 of London p 16 17 18 19. Of Licinius he tells us how designing War against his Brother in Law Constantine but not thinking fit yet to declare it first he fell upon the Christians in his own part of the Empire Euseb. Hist. X. 8. Edit Vales. p. 396. B. He began first with the Bishops not suffering them to meet in Synods Vit. Constant. l. 51. Then he turned all Christians out of their places at Court Eufeb Hist. X. 8. Vit. Constant. l. 52. Then he turned all Christians out of the Army and out of Offices Euseb. Hist. Ib. Vit. Constant. l. 54. Then he seiz'd their Estates Ib. Ib. At last he fell on the Bishops Euseb. Hist. X. 8. p. 397. B. At first secretly and cunningly not by himself for fear of Constantine but by his Governors Ib. He killed some Bishops for Praying for Constantine Vit. Constant. II. 2. Then Constantine began to stir thinking it Holy and Pious to remove one and save a Multitude Vit. Constant. II. 3. The Joy of Christians upon his Victory see Eus. X. 9. p. 399. C D. Vit. Constant. II. 19. p. 452. C. Then it makes a Just Conquest a See §. 26. b See §. 35. And Conquest giveth Right Judges XI 24. Dan. II. 21. Jos. Antiq. X. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 14. Selden de Jure Nat. Gent. VI 17. p. 789. Argent 1665. Ita non solum armis Alexandri se ex Jure quod ei competiit bellico subdidere sed imperio ejus dilatando stipendiarios se libenter tune praebuere nec interea de belli causâ aut Religione dispari soliciti So they not only submitted themselves to Alexander's Arms on the account of that Right which he had gotten by War but then they willingly offered themselves to serve under him for the farther Enlargement of his Empire not troubling themselves the mean while about the cause of the War or the Difference of Religion a Thus David Psal. I. X. 8. CVIII 9. Thus Constantine the Great stiled himself TRIUMPHATOR and Stamp'd his Coin with the words VICTORIA GOTHICA SARMATIA DEVICTA c. DEBELLAIORI GENTIUM BARBARARUM Thus likewise the following Christian Emperors b Justinian Coll. II. 2. 10. We have recovered all Afric and subdued the Vandals and hope to receive of God many yet greater things than these Id. Coll. V. 15. 1. We ordain these Laws to be observed in all Nations under our Government Some whereof God gave us at first others he hath added since and we hope he will still increase a Deut. XVII 15. b Jer. XXI 8 9. c Convocation Book I. 28. c. Doubted when the Cause is certainly unjust a Pufend. de Jur. Nat. Gent. VII 8 9. b Ib. VII 8. 10. Sanderson Obl. Consc. V. 17 c. No doubt when the Cause is certainly Just. a Horn. de Civ II. 9. 2. as quoted by Pufend. Jur. Nat. Gent. VII 7. 3. If one Prince overcomes another that unjustly provokes him and hath deserv'd it by other Injuries he hath forthwith a Lawful Power against him whom he hath so overcome and is not to stay for the Consent of the People whom he hath brought under his Dominion Pufendorf there says that where there was a Just Cause of Invasion there the getting of a Country into Possession makes for the obtaining of the Dominion thereof and is confirm'd by the Consent of the Subjects and their following Covenant But that till this is had the State of War continues and there is no Obligation nor Faith and so no Dominion Dudley Digs of the Unlawfulness of Subjects taking up Arms c. §. 4. p. 132. Puts an Objection That if the Conqueror comes in by Force he may be turn'd out by the same Title In Answer to it he saith de Jure he cannot For though Conquest be a name of greater Strength only and be not it self a Right yet it is the Mother of it because when the People are in his Power they pass their Consent
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.