Two cases submitted to consideration
         L'Estrange, Roger, Sir, 1616-1704.
      
       
         
           1687
        
      
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         A58674
         Wing S141
         Wing L1320A
         ESTC R23606
         07840753
         ocm 07840753
         40152
         
           
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             Two cases submitted to consideration
             L'Estrange, Roger, Sir, 1616-1704.
          
           2 p.
           
             Printed for R. Sare, and Publish'd by Randal Taylor,
             London :
             1687.
          
           
             Introduction signed: R.L.S.
             Item at 1212:4 identifed as Wing S141 (entry cancelled in Wing 2nd ed.)
             Reproduction of original in the British Library.
             1. Of the necessity and exercise of a dispensing power--2. The nullity of any act of state that clashes with the law of God.
          
        
      
    
     
       
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         eng
      
       
         
           Church and state.
        
      
    
     
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           Two
           CASES
           Submitted
           to
           CONSIDERATION
           .
           
             
               1.
               
               Of
               the
               Necessity
               and
               Exercise
               of
               a
               Dispensing
               Power
               .
            
             
               2.
               
               The
               Nullity
               of
               any
               Act
               of
               State
               that
               Clashes
               with
               the
               Law
               of
               God.
               
            
          
        
         
           
             I
             Publish
             This
             Paper
             ,
             out
             of
             a
             Sense
             (
             as
             Things
             stand
             at
             Present
             )
             of
             what
             I
             Owe
             to
             the
             King
             ;
             To
             my
             Religion
             ;
             To
             my
             Country
             ;
             and
             to
             my
             Self
             ;
             and
             would
             neither
             Mislead
             ,
             nor
             be
             Misled
             .
             If
             I
             have
             Reason
             on
             my
             side
             ,
             No
             Good
             Man
             will
             Blame
             me
             for
             what
             I
             have
             done
             :
             If
             I
             am
             in
             an
             Error
             ,
             I
             shall
             so
             Gladly
             submit
             to
             be
             Better
             Enformed
             ,
             that
             No
             Charitable
             Man
             will
             refuse
             Lending
             me
             his
             Hand
             to
             put
             me
             into
             the
             Way
             .
             Beside
             ,
             that
             it
             will
             be
             a
             Matter
             of
             Importance
             ,
             for
             those
             that
             are
             of
             
               Another
               Opinion
            
             ,
             to
             satisfie
             the
             World
             whether
             I
             am
             in
             the
             Right
             ,
             or
             Not.
             I
             speak
             to
             the
             Case
             of
             
               All
               Governments
               ;
               i.
               e.
            
             of
             Government
             according
             to
             the
             
               Divine
               Appointment
            
             ,
             and
             Institution
             of
             it
             ,
             without
             Any
             Restriction
             ,
             that
             is
             either
             Partial
             ,
             or
             Local
             .
             I
             have
             had
             an
             Unlucky
             Hand
             ,
             and
             so
             must
             Every
             man
             Expect
             to
             have
             ,
             that
             makes
             so
             many
             men
             his
             Enemies
             ,
             as
             Value
             a
             
               Trimming
               Interest
            
             before
             an
             
               Inflexible
               Honesty
            
             .
             For
             want
             of
             Better
             Matter
             ,
             I
             am
             Charged
             of
             late
             with
             Contradicting
             my self
             ,
             which
             I
             am
             not
             yet
             Conscious
             of
             ,
             in
             Any
             Act
             ,
             or
             Syllable
             ;
             either
             in
             my
             Allegeance
             ,
             or
             in
             my
             
               Religion
               ,
               from
               Fifty
               years
               Last
               past
               ,
               to
               this
               very
               Day
               .
            
          
           
             
               R.
               L.
               S.
               
            
          
        
         
           
             
               CASE
               I.
            
             Of
             a
             Dispensing
             Power
             .
          
           
             IF
             it
             be
             True
             ,
             that
             
               Humane
               Laws
            
             can
             never
             come
             up
             to
             All
             the
             Ends
             and
             Cases
             of
             Government
             .
          
           
             If
             it
             be
             True
             again
             ,
             that
             where
             They
             fall
             short
             ,
             there
             are
             Certain
             
               Fiduciary
               Powers
            
             still
             ready
             at
             hand
             ,
             in
             the
             Foundations
             of
             All
             Governments
             to
             Supply
             the
             Defect
             .
          
           
             And
             if
             it
             be
             True
             in
             the
             Third
             Place
             ,
             that
             without
             such
             an
             
               Auxiliary
               Reserve
               ,
               Government
            
             falls
             to
             the
             Ground
             ,
             for
             want
             of
             means
             to
             Support
             it
             :
             The
             Inference
             is
             Plain
             and
             Natural
             ,
             from
             the
             Admittance
             of
             
               These
               Three
               Propositions
            
             ,
             to
             the
             Doctrine
             of
             a
             
               Dispensing
               Power
            
             .
          
           
             The
             Laws
             of
             Man
             are
             the
             Work
             of
             Frail
             ,
             and
             
               Fallible
               Law-Makers
            
             :
             Or
             supposing
             them
             to
             be
             Men
             of
             the
             most
             
               Consummated
               Wisdom
            
             ,
             and
             Integrity
             ;
             and
             their
             Statutes
             as
             Extensive
             ,
             as
             
               Civil
               Prudence
            
             ,
             and
             Precaution
             can
             make
             them
             :
             there
             will
             be
             Omissions
             yet
             ;
             Change
             of
             Interests
             ;
             Cross
             and
             Surprizing
             
               Accidents
               ;
               Necessities
               Innumerable
            
             ,
             and
             
               Fresh
               Matter
            
             Every
             Day
             Started
             ,
             to
             make
             Work
             for
             
               New
               Methods
            
             ,
             and
             Expedients
             .
             What
             would
             become
             of
             Government
             now
             ,
             under
             This
             Incompetency
             of
             
               Humane
               Constitutions
            
             ,
             without
             taking-in
             Those
             
               Fiduciary
               Powers
            
             (
             which
             are
             Wrapt
             up
             in
             the
             Laws
             of
             
               Nature
               ,
               Equity
            
             ,
             and
             
               Right
               Reason
            
             )
             to
             their
             Aid
             ?
          
           
             Those
             
               Subsidiary
               Laws
            
             ,
             or
             Powers
             ,
             are
             
               Everlasting
               ,
               Universal
               ,
               Uniform
               ,
               Steady
               ,
               Iust
               ,
               Infallible
               ,
            
             and
             All-sufficient
             :
             The
             Authority
             of
             them
             is
             Unquestionable
             ;
             the
             Equity
             Undeniable
             ;
             and
             the
             
               Power
               Irresistible
            
             ;
             They
             are
             No
             Other
             in
             Effect
             ,
             then
             the
             Instincts
             ,
             and
             Impulses
             of
             Providence
             it self
             ,
             Graven
             in
             the
             Hearts
             of
             
               All
               Reasonable
               Beings
            
             .
             But
             in
             short
             ;
             If
             it
             be
             
               by
               God
               ,
               that
               Kings
               .
               Reign
               ,
               and
               Administer
               Iudgment
            
             ;
             it
             will
             then
             follow
             ,
             that
             All
             the
             Prerogatives
             of
             Power
             are
             as
             Sacred
             as
             the
             
               Ordinance
               it self
            
             .
             They
             are
             
               Sovereign
               ,
               Inalienable
               ,
               Ever
            
             ,
             and
             in
             
               All
               Places
            
             ,
             the
             same
             .
          
           
             Now
             taking
             for
             Granted
             ,
             the
             Imperfections
             of
             the
             One
             ,
             and
             the
             
               Ample
               Sufficiency
            
             of
             the
             Other
             ,
             to
             All
             Intents
             and
             Purposes
             ;
             That
             Government
             is
             of
             God
             ;
             and
             
               Humane
               Society
            
             the
             Work
             of
             Providence
             ;
             That
             
               God's
               Vicegerents
            
             are
             Answerable
             to
             their
             Principal
             for
             the
             Care
             and
             Protection
             of
             the
             People
             Committed
             to
             their
             Charge
             ;
             That
             it
             is
             Impossible
             for
             them
             to
             Acquit
             Themselves
             of
             their
             
               Trust
               ,
               Duty
            
             ,
             and
             Commission
             ,
             purely
             by
             the
             Force
             of
             
               Laws
               of
               Man's
               Making
            
             ,
             without
             some
             
               Higher
               Power
            
             to
             Resort
             to
             for
             Relief
             ;
             And
             that
             it
             is
             the
             Office
             ,
             as
             well
             as
             the
             Prerogative
             of
             the
             Sovereign
             to
             Interpose
             with
             his
             Authority
             ,
             for
             the
             Well-Beeing
             ,
             and
             Safety
             of
             the
             Publique
             :
             Taking
             all
             This
             for
             Granted
             ,
             I
             say
             ,
             the
             Bare
             Supposal
             of
             so
             Mortal
             a
             Failure
             ,
             for
             want
             of
             a
             
               Dispensing
               Power
            
             ,
             would
             Imply
             ,
             either
             an
             Oversight
             ,
             or
             an
             Injustice
             ,
             in
             the
             
               Original
               Grant
            
             ,
             and
             Command
             :
             An
             Oversight
             ,
             in
             the
             Disproportion
             of
             the
             Means
             to
             the
             End
             ;
             or
             an
             Injustice
             in
             Exacting
             Impossibilities
             ,
             and
             requiring
             from
             
               Governours
               ,
               More
            
             then
             they
             are
             able
             to
             do
             .
             To
             keep
             Clear
             now
             of
             so
             Lewd
             an
             Imagination
             ,
             it
             must
             be
             Honestly
             Presum'd
             ,
             that
             God
             has
             not
             left
             us
             without
             some
             Appeal
             from
             the
             Infirmities
             of
             Mankind
             :
             So
             that
             I
             shall
             now
             speak
             a
             General
             Word
             or
             Two
             ,
             concerning
             the
             
               Rise
               ,
               Make
            
             ,
             and
             Obligation
             of
             
               Humane
               Laws
            
             ;
             and
             what
             Affinity
             they
             Have
             ,
             or
             Ought
             to
             have
             ,
             with
             
               Laws
               Divine
            
             .
          
           
             The
             Great
             Dictator
             of
             Rules
             and
             Measures
             for
             the
             Governing
             of
             Men
             in
             Society
             ,
             was
             GOD
             HIMSELF
             ;
             and
             Those
             
               First
               Principles
            
             have
             been
             
               Handed
               down
            
             to
             us
             ,
             in
             an
             Uninterrupted
             Course
             of
             Practice
             ,
             and
             Tradition
             ,
             from
             their
             very
             Institution
             to
             
               This
               Day
            
             ,
             by
             the
             Voice
             of
             Nature
             ,
             and
             by
             the
             
               Universal
               Assent
            
             of
             All
             Ages
             ,
             to
             the
             
               Eternal
               Equity
            
             ,
             and
             Reason
             of
             them
             .
             They
             are
             of
             the
             
               same
               Force
            
             at
             This
             Instant
             ,
             that
             ever
             they
             were
             ;
             and
             so
             much
             the
             Standard
             of
             
               All
               Political
               Acts
            
             ,
             that
             they
             are
             No
             further
             Binding
             ,
             then
             as
             they
             Conform
             to
             this
             
               Test.
               Government
            
             ,
             in
             short
             ,
             is
             no
             more
             then
             
               Right
               Nature
            
             put
             in
             Exercise
             ;
             
               General
               Precepts
            
             Distributed
             into
             
               Particular
               Provisions
            
             ;
             the
             
               Secret
               Influences
            
             of
             
               Rectified
               Reason
            
             made
             Publique
             ,
             and
             Digested
             into
             Laws
             .
             It
             is
             the
             Law
             of
             God
             ,
             in
             fine
             ,
             that
             speaks
             in
             the
             Law
             of
             Man
             ;
             And
             
               This
               Law
               Paramount
            
             ,
             is
             the
             
               Sovereign
               Guide
            
             that
             Law-makers
             Ought
             to
             Follow.
             Not
             but
             that
             Governours
             ,
             and
             Legislators
             have
             a
             Liberty
             of
             Discretion
             ,
             in
             Things
             Indifferent
             ;
             but
             they
             are
             Nevertheless
             
               Bound
               up
            
             not
             to
             Depart
             from
             the
             Equity
             of
             the
             
               Primary
               Fundamentals
            
             ;
             for
             
               No
               Provision
               of
               State
               must
               be
               Admitted
               in
               Barr
               of
               those
               Prerogatives
               .
            
          
           
             There
             will
             not
             be
             much
             Difficulty
             ,
             I
             presume
             ,
             to
             Yield
             the
             Imperfection
             of
             
               Humane
               Laws
            
             ;
             the
             Sufficiency
             of
             the
             Laws
             of
             Government
             ;
             the
             Necessity
             of
             
               Government
               it self
            
             ,
             and
             of
             a
             
               Dispensing
               Power
            
             to
             Uphold
             it
             ;
             Nor
             ,
             finally
             ,
             to
             Grant
             that
             
               All
               Laws
               of
               State
            
             are
             to
             be
             Tryed
             by
             
               God's
               Laws
            
             ,
             and
             that
             the
             Use
             ,
             and
             Intent
             of
             Those
             Laws
             of
             Prerogative
             is
             to
             Supply
             ,
             or
             to
             Correct
             ,
             what
             is
             Wanting
             ,
             or
             Amiss
             in
             the
             Law
             of
             the
             Constitution
             .
             All
             This
             must
             be
             Acknowledged
             ;
             for
             ,
             otherwise
             ,
             we
             shall
             have
             the
             Law
             of
             This
             ,
             or
             
               That
               Community
            
             set
             up
             against
             the
             Law
             of
             the
             
               Universe
               .
               Man's
               Contrivance
            
             against
             
               God's
               :
               Laws
            
             that
             leave
             us
             at
             a
             Loss
             ,
             a
             Thousand
             Ways
             ,
             for
             want
             of
             
               Power
               ,
               Direction
               ,
               Due
               Application
               ,
            
             and
             the
             like
             ,
             against
             Laws
             that
             Provide
             for
             us
             in
             
               All
               Instances
               whatsoever
            
             .
             We
             have
             spoken
             of
             the
             Need
             ,
             and
             Use
             of
             a
             
               Dispensing
               Power
            
             ;
             The
             Next
             Point
             in
             Order
             will
             be
             the
             Proper
             Receptacle
             of
             it
             .
          
           
             If
             the
             
               Dispensing
               Power
            
             be
             an
             Essential
             of
             Government
             ;
             where
             should
             it
             be
             Lodg'd
             ,
             but
             in
             the
             
               Common
               Repository
            
             of
             
               All
               the
               Ensigns
               of
               Majesty
            
             ?
             for
             it
             is
             Incorporated
             with
             the
             
               First
               Principles
            
             of
             Government
             ;
             and
             so
             to
             be
             Exerted
             ,
             from
             time
             to
             time
             ,
             at
             the
             Will
             and
             Pleasure
             of
             the
             
               Supreme
               Magistrate
            
             ;
             with
             a
             Saving
             only
             ,
             to
             the
             
               Sacred
               Obligations
            
             of
             
               Right
               Reason
            
             ,
             and
             the
             
               Indispensable
               Privileges
            
             ,
             and
             Duties
             of
             the
             
               Ruling
               Office.
               Humane
               Laws
            
             ,
             are
             ,
             at
             Best
             ,
             but
             the
             Specification
             of
             
               Particular
               Duties
            
             ,
             drawn
             from
             the
             
               General
               Lights
            
             ,
             and
             Precepts
             of
             Nature
             ;
             and
             recourse
             must
             be
             had
             in
             All
             Cases
             ,
             to
             Those
             
               Authentick
               Originals
            
             ,
             for
             the
             Correcting
             of
             False
             ,
             or
             
               Imperfect
               Copies
            
             .
             What
             's
             to
             be
             done
             ,
             where
             the
             Letter
             of
             the
             Law
             draws
             One
             way
             ,
             and
             the
             Conscience
             of
             the
             
               Prince
               ,
               Another
            
             ?
             He
             must
             ,
             of
             
               Necessity
               ,
               Dispense
            
             with
             
               One
               of
               the
               Two
               Laws
            
             .
             He
             is
             Accountable
             to
             God
             ,
             for
             the
             Breach
             of
             Trust
             ,
             if
             he
             does
             not
             Act
             ,
             according
             to
             his
             Iudgment
             ,
             for
             the
             Good
             of
             his
             Subjects
             ;
             And
             the
             Law
             of
             the
             Land
             can
             never
             Oblige
             the
             Sovereign
             to
             do
             any
             thing
             contrary
             to
             the
             Law
             of
             his
             Authority
             ,
             and
             Commission
             ;
             which
             is
             no
             more
             ,
             then
             Employing
             the
             Law
             of
             his
             Prerogative
             for
             the
             saving
             of
             a
             State
             from
             the
             Law
             of
             the
             Land
             ,
             which
             ,
             (
             as
             it
             may
             happen
             )
             would
             Hazard
             the
             Ruine
             of
             it
             .
             But
             where
             's
             the
             Danger
             at
             last
             ,
             of
             This
             same
             Bug-bear-Prerogative
             of
             a
             
               Dispensing
               Power
            
             ?
          
           
             The
             Right
             ,
             and
             Practice
             ,
             (
             they
             say
             )
             of
             Dispensing
             with
             One
             Law
             ,
             layes
             All
             the
             Rest
             at
             Mercy
             .
             But
             I
             am
             of
             Opinion
             rather
             ,
             That
             the
             Want
             of
             such
             a
             Power
             layes
             
               Government
               it self
            
             at
             Mercy
             .
             And
             whereas
             it
             is
             Objected
             ,
             that
             it
             sets
             up
             
               Absolute
               Power
            
             under
             the
             Cloak
             of
             a
             Dispensation
             ;
             it
             does
             ;
             in
             Truth
             ,
             prevent
             the
             Introducing
             of
             an
             Anarchy
             for
             fear
             of
             Tyranny
             :
             Neither
             is
             it
             the
             Bus'ness
             of
             a
             Dispensation
             ,
             to
             
               Invalidate
               Humane
               Laws
            
             ,
             but
             to
             Uphold
             the
             Authority
             of
             
               Laws
               Divine
               .
               Reason
               of
               State
               ,
            
             and
             Equity
             ,
             make
             
               All
               Governments
            
             to
             be
             Absolute
             ,
             in
             
               Some
               Cases
            
             ,
             and
             Occasions
             ;
             and
             what
             matters
             it
             to
             Us
             ,
             Whether
             This
             comes
             by
             Creation
             ,
             or
             by
             Accident
             ?
             Briefly
             ,
             He
             that
             Quarrels
             Government
             for
             being
             in
             
               some
               Respect
               ,
               Arbitrary
            
             ,
             Quarrels
             
               God's
               Providence
            
             ,
             for
             Making
             it
             so
             ;
             and
             for
             finding
             it
             Necessary
             so
             to
             be
             :
             And
             This
             Exception
             strikes
             at
             the
             very
             Foundations
             of
             
               Power
               it self
            
             .
             If
             a
             Prince
             cannot
             Dispense
             ,
             he
             cannot
             Govern
             ,
             where
             Necessity
             is
             too
             strong
             for
             the
             Law.
             His
             Commission
             is
             Positive
             ,
             and
             he
             Acts
             under
             a
             Command
             ,
             as
             well
             as
             under
             a
             Duty
             .
             He
             is
             ,
             upon
             his
             Peril
             ,
             to
             Execute
             the
             Powers
             that
             are
             Given
             him
             ,
             and
             as
             much
             Obliged
             to
             Assert
             his
             Prerogative
             against
             all
             Usurpations
             ,
             as
             not
             to
             abuse
             his
             Power
             ,
             to
             Violence
             ,
             and
             Oppression
             :
             Or
             even
             in
             case
             of
             such
             an
             Abuse
             ;
             a
             Prince
             has
             a
             Power
             to
             do
             many
             things
             that
             he
             has
             not
             a
             Right
             to
             do
             ;
             and
             therefore
             the
             Morality
             of
             Acting
             must
             be
             Distinguished
             from
             the
             Authority
             of
             Governing
             ;
             for
             the
             Character
             stands
             Firm
             ,
             in
             Despite
             of
             the
             
               Male
               Administration
            
             .
          
           
             There
             is
             
               Another
               Unlucky
               Mistake
               too
            
             ,
             that
             's
             very
             Rife
             .
             [
             
               Stay
               for
               a
            
             Parliament
             ,
             they
             Cry
             ,
             
               and
               let
               those
               Laws
               be
            
             Repealed
             ,
             
               that
               are
               not
               fit
               to
               be
            
             Continued
             .
             ]
             This
             is
             the
             
               Best
               way
            
             certainly
             ,
             where
             the
             Time
             ,
             the
             Quality
             of
             the
             Case
             ,
             and
             the
             Temper
             of
             the
             People
             will
             Bear
             it
             .
             But
             what
             if
             the
             Danger
             Presses
             ?
             What
             if
             the
             Delay
             be
             
               Certain
               Death
            
             ?
             and
             the
             Disease
             cannot
             Wait
             for
             a
             Remedy
             ?
             The
             
               King's
               Duty
            
             never
             Sleeps
             ;
             his
             Authority
             never
             Intermits
             ;
             and
             he
             is
             as
             much
             Accountable
             to
             Almighty
             God
             ,
             for
             the
             Exercise
             of
             his
             
               Function
               ,
               Out
               of
               Parliament
               ,
               as
               in
               Parliament
               .
               If
            
             YOUR
             OWN
             
               Laws
               will
               not
               do
               it
            
             (
             says
             God
             )
             
               make
               Use
               of
            
             MINE
             ,
             
               as
               you
               will
               Answer
               the
               Contrary
               .
            
             Shall
             a
             Prince
             say
             ,
             
               Lord
               ,
               I
               must
               not
               Dispense
               ?
            
             as
             if
             he
             might
             Dispense
             with
             
               God's
               Law
            
             ,
             though
             not
             with
             his
             Own.
             
          
           
           
             And
             then
             for
             the
             Quality
             of
             the
             Case
             ;
             the
             Privacies
             of
             State-matters
             ,
             as
             the
             Manage
             of
             
               Secret
               Commissions
               ,
               Negotiations
               ,
               Intelligences
               ,
               Counsels
               ,
            
             and
             Intrigues
             ;
             These
             are
             Affairs
             ,
             so
             peculiar
             to
             the
             Cabinet
             ,
             that
             they
             are
             Wholly
             Foreign
             to
             the
             Cognizance
             of
             a
             Parliament
             ;
             and
             yet
             these
             
               Invisible
               Wheels
            
             are
             a
             kind
             of
             
               Political
               ,
               Perpetual
               Motion
            
             ;
             and
             of
             
               Absolute
               Necessity
            
             to
             the
             Great
             Design
             of
             Government
             it self
             .
             There
             are
             Other
             Cases
             ,
             where
             the
             Ground
             of
             the
             Suspension
             is
             only
             This
             or
             That
             
               Particular
               Emergency
            
             .
             And
             in
             These
             Cases
             ,
             it
             often
             falls
             out
             that
             it
             may
             be
             Death
             almost
             ,
             Not
             to
             Suspend
             ,
             and
             yet
             
               as
               Mortal
               to
               Repeal
               the
               same
               Law.
               
            
          
           
             And
             so
             the
             Temper
             of
             the
             People
             must
             be
             Allow'd
             to
             go
             a
             great
             way
             too
             ;
             when
             the
             Mobile
             are
             Poyson'd
             with
             
               Ill
               Opinions
            
             ,
             and
             Iealousies
             of
             their
             Superiors
             ;
             as
             in
             the
             Instance
             of
             That
             
               Fatal
               Parliament
            
             of
             
               Forty
               One
            
             :
             And
             the
             Danger
             of
             
               Two
               Parliaments
            
             since
             ,
             at
             Westminster
             and
             Oxford
             ,
             where
             his
             Late
             Majesty
             scap'd
             ,
             very
             narrowly
             ,
             the
             
               Dear
               Experiment
            
             of
             the
             
               same
               Remedy
            
             .
          
           
             
               Well!
               but
               't
               is
               a
            
             Temptation
             ,
             they
             pretend
             ,
             
               to
               the
               setting
               up
               of
               an
            
             Arbitrary
             Power
             ,
             
               to
               say
               ,
               that
               a
               Prince
            
             MAY
             
               do
               't
               ,
               if
               he
            
             WILL
             ]
             Now
             this
             is
             to
             Suppose
             that
             Whoever
             MAY
             do
             't
             ,
             if
             he
             WILL
             ,
             WILL
             ,
             do
             't
             ,
             if
             he
             CAN
             ;
             and
             if
             it
             holds
             That
             Way
             ,
             there
             's
             Nothing
             but
             Oppression
             and
             Tyranny
             upon
             the
             Face
             of
             the
             Earth
             .
             For
             the
             Prince
             that
             has
             it
             not
             in
             his
             Power
             to
             Oppress
             ,
             has
             it
             not
             in
             his
             Power
             to
             Govern
             ;
             for
             he
             is
             Govern'd
             ,
             where
             he
             is
             Impotent
             ,
             and
             the
             Controll
             sets
             up
             
               One
               Sovereignty
            
             against
             Another
             .
          
           
             The
             Republicans
             insist
             mightily
             upon
             the
             Trust
             ,
             the
             Receptacle
             ,
             and
             the
             
               Possible
               Abuse
            
             of
             it
             :
             But
             what
             now
             if
             there
             be
             No
             Avoyding
             of
             such
             a
             Trust
             ?
             What
             if
             there
             never
             was
             
               any
               Government
            
             in
             the
             World
             ;
             Or
             if
             
               Humane
               Society
            
             cannot
             subsist
             WITHOUT
             it
             ?
             What
             if
             at
             the
             same
             Time
             that
             this
             Trust
             is
             Controverted
             ,
             there
             are
             a
             
               Hundred
               other
               more
               Dangerous
               Trusts
               ,
               Admitted
               ?
            
             That
             is
             to
             say
             ,
             as
             to
             the
             Enabling
             of
             a
             Prince
             to
             make
             Slaves
             of
             his
             People
             ?
             What
             if
             the
             Trust
             ,
             and
             the
             Power
             have
             Always
             been
             in
             the
             
               same
               Hands
            
             ?
             And
             in
             Conclusion
             ,
             if
             it
             be
             
               Utterly
               Impossible
            
             to
             secure
             People
             against
             a
             
               Possible
               Abuse
            
             :
             how
             Wild
             ,
             and
             how
             Unreasonable
             a
             Thing
             is
             it
             ,
             to
             raise
             Scruples
             against
             the
             
               Eternal
               Course
            
             of
             Nature
             and
             Iustice
             !
          
           
             To
             speak
             to
             the
             Matter
             as
             it
             lyes
             ,
             somewhere
             or
             other
             there
             must
             be
             a
             Trust
             ,
             and
             
               That
               Trust
            
             may
             be
             
               Abused
               ,
               whereever
            
             it
             is
             Placed
             :
             So
             that
             a
             Trust
             is
             
               Inevitable
               .
               2ly
            
             .
             If
             it
             never
             Was
             Otherwise
             ,
             the
             Case
             is
             
               Universal
               .
               3ly
            
             .
             There
             must
             be
             a
             Trust
             amongst
             
               All
               Sorts
            
             ,
             and
             Degrees
             of
             Men
             ,
             in
             All
             manner
             of
             Dealings
             ;
             and
             in
             a
             Million
             of
             
               Common
               Cases
            
             ,
             where
             
               Life
               Limb
               ,
               Liberty
               ,
               Fortune
               ,
               Body
               ,
               Soul
               ,
            
             and
             
               Good
               Name
            
             ,
             (
             perchance
             )
             may
             all
             be
             Concern'd
             .
             There
             is
             No
             Place
             ,
             in
             fine
             ,
             for
             the
             Offices
             ,
             either
             Publick
             ,
             or
             Private
             ,
             of
             
               Humane
               Society
            
             ,
             without
             it
             .
             What
             's
             the
             Chancery
             ,
             but
             a
             
               Court
               of
               Dispensation
            
             for
             Granting
             Relief
             in
             Equity
             against
             the
             Letter
             of
             the
             Law
             ?
             Do
             we
             not
             
               Trust
               Divines
               ,
               Surgeons
               ,
               Physicians
               ,
               Lawyers
               ,
               Bankers
               ▪
               Relations
               ,
               Children
               ,
               Servants
               ?
            
             Nay
             ,
             and
             so
             Trust
             them
             too
             ,
             as
             in
             some
             Cases
             ,
             to
             Allow
             them
             a
             certain
             Latitude
             of
             Abating
             somewhat
             of
             the
             Rigour
             of
             their
             Commission
             :
             And
             in
             a
             Word
             ,
             there
             is
             a
             Law
             of
             Necessity
             ,
             that
             supersedes
             the
             Obligation
             of
             
               All
               Our
               Positive
               Laws
            
             .
             Upon
             the
             Main
             ,
             we
             cannot
             
               Live
               Man
               by
               Man
            
             ,
             without
             Trusting
             one
             Another
             :
             and
             Providence
             has
             made
             This
             Trust
             so
             Necessary
             ,
             that
             we
             can
             have
             neither
             
               Peace
               ,
               Safety
               ,
               Conversation
            
             ,
             nor
             Property
             ,
             without
             it
             :
             and
             shall
             we
             make
             a
             
               Greater
               Difficulty
            
             to
             
               Trust
               Governours
            
             with
             the
             Administration
             of
             Iustice
             ?
             Nay
             ,
             and
             where
             God
             has
             Entrusted
             them
             Beforehand
             ;
             for
             Kings
             are
             
               God's
               Trustees
            
             ,
             not
             the
             Peoples
             .
             Will
             Men
             have
             no
             
               Government
               at
               all
            
             ,
             unless
             they
             may
             have
             
               such
               a
               Government
            
             ,
             as
             God
             never
             made
             ,
             and
             which
             God
             has
             made
             Impossible
             ever
             to
             Bee
             ?
             Why
             This
             would
             be
             to
             make
             
               Every
               Will
            
             and
             Tom
             an
             Umpire
             of
             the
             Controversie
             ;
             Where
             
               Every
               Body
               is
               No
               Body
            
             ;
             and
             yet
             This
             very
             Mobile
             ,
             must
             be
             
               Trusted
               over
               again
            
             ,
             and
             
               find
               Their
               Vouchers
            
             too
             .
          
           
             But
             4ly
             .
             Why
             is
             so
             much
             more
             Stress
             laid
             upon
             this
             
               Single
               Prerogative
            
             ,
             then
             upon
             
               All
               the
               Rest
            
             ,
             that
             may
             do
             
               Fifty
               times
               more
               Mischief
            
             ?
             Why
             are
             not
             People
             as
             much
             Affraid
             of
             
               Rapes
               ,
               Massacres
               ,
               Robberies
            
             ,
             and
             other
             
               Military
               Violences
            
             ,
             from
             the
             UNDISPUTED
             
               Power
               of
               the
               Sword
               ▪
            
             as
             they
             are
             of
             Tyranny
             ,
             and
             Oppression
             ,
             from
             the
             Prerogative
             of
             the
             
               Dispensing
               Power
            
             ?
             VVhy
             not
             of
             the
             [
             Mint
             ]
             [
             
               Life
               and
               Death
            
             ,
             ]
             [
             
               War
               and
               Peace
            
             ,
             ]
             for
             fear
             of
             
               False
               Money
               ,
               Protecting
               Criminals
            
             ,
             bringing
             in
             
               Foreign
               Forces
               ?
               &c.
            
             All
             comes
             to
             This
             at
             Last
             ,
             that
             a
             Iust
             ,
             and
             a
             
               Gracious
               Prince
            
             ,
             VVILL
             not
             Misapply
             his
             
               Dispensing
               Power
            
             ;
             and
             He
             that
             would
             make
             himself
             
               Wholly
               Absolute
            
             ,
             can
             do
             his
             Work
             ,
             in
             Despite
             on
             't
             and
             without
             it
             .
          
           
             5ly
             .
             The
             Power
             ,
             and
             the
             Trust
             are
             so
             Inseparable
             ,
             that
             where
             there
             's
             no
             
               Publique
               Power
            
             ,
             there
             's
             No
             
               Publique
               Trust
            
             ;
             and
             where
             there
             's
             
               No
               Publique
               Trust
            
             ,
             there
             's
             No
             
               Publique
               Power
            
             .
             What
             's
             Authority
             ,
             without
             the
             Right
             to
             Iudge
             of
             the
             Time
             ,
             the
             Case
             ,
             the
             Measure
             ,
             &
             c
             ?
             as
             if
             the
             Multitude
             were
             to
             Iudge
             ,
             and
             to
             Appoint
             ,
             and
             the
             Sovereign
             only
             to
             Execute
             ;
             or
             ,
             in
             
               Plain
               English
            
             ;
             to
             Depose
             himself
             ,
             in
             a
             Resignation
             to
             the
             Dictates
             of
             the
             People
             .
             Let
             them
             once
             Prescribe
             to
             a
             Prince
             what
             is
             Fit
             for
             Him
             to
             do
             ,
             and
             they
             shall
             soon
             put
             it
             to
             a
             Vote
             among
             Themselves
             ,
             whether
             it
             be
             Fit
             ,
             or
             No
             ,
             for
             That
             Person
             to
             Govern.
             But
             what
             Pretence
             have
             they
             to
             Govern
             in
             
               This
               Prerogative
            
             more
             then
             in
             
               All
               the
               Rest
            
             ?
             And
             how
             come
             they
             to
             be
             Rulers
             in
             This
             Case
             ,
             and
             Subjects
             in
             
               All
               Others
            
             ?
             To
             Close
             This
             Point
             ;
             the
             End
             of
             Law
             is
             Equity
             ;
             and
             where
             the
             Letter
             of
             the
             Law
             will
             not
             reach
             That
             Equity
             ,
             it
             is
             to
             be
             presum'd
             ,
             that
             the
             
               Law
               speaks
               One
               Thing
               ,
               and
               means
               Another
               :
            
             In
             This
             Case
             it
             belongs
             to
             the
             Sovereign
             ,
             to
             Explain
             ,
             and
             Execute
             That
             Law
             according
             to
             the
             
               True
               Intention
            
             of
             it
             ;
             The
             Equity
             of
             it
             being
             the
             Rule
             of
             Government
             .
          
           
             6ly
             .
             It
             cannot
             be
             Imagin'd
             ,
             that
             the
             
               Possible
               Abuse
            
             of
             Power
             (
             which
             is
             Impossible
             to
             be
             Cleared
             ,
             or
             Prevented
             ,
             )
             should
             be
             Offer'd
             as
             a
             
               Reasonable
               Argument
            
             against
             the
             Divine
             ,
             as
             well
             as
             the
             Political
             ,
             and
             the
             
               Necessary
               use
            
             of
             it
             ;
             for
             it
             puts
             a
             Stand
             to
             the
             Sun
             in
             its
             Course
             ;
             which
             is
             all
             one
             with
             a
             Stop
             to
             the
             
               Orderly
               Motions
            
             of
             Government
             .
          
           
             It
             is
             Objected
             once
             again
             ,
             
               What
               if
               the
            
             Chief
             Ruler
             
               shall
               say
               there
            
             Is
             a
             Necessity
             
               where
               there
               is
               None
               ;
               and
               make
               That
            
             Pretended
             Necessity
             ,
             
               the
               Ground
               for
               his
               Proceeding
               at
            
             Will
             and
             Pleasure
             ?
             Necessities
             ,
             they
             say
             ,
             are
             Notorious
             ,
             and
             carry
             Pomp
             ,
             and
             Noise
             along
             with
             them
             :
             In
             
               Sea
               Breaches
            
             ,
             or
             Conflagrations
             ,
             the
             Multitude
             are
             Witnesses
             to
             the
             Stress
             .
             To
             which
             I
             Answer
             ,
             that
             if
             a
             Prince
             says
             there
             IS
             a
             Necessity
             where
             there
             is
             None
             ;
             The
             People
             ,
             on
             the
             other
             hand
             ,
             may
             say
             there
             is
             NONE
             ,
             where
             there
             IS
             ;
             and
             no
             Umpire
             at
             last
             to
             End
             the
             Strife
             ;
             But
             ,
             Right
             or
             Wrong
             ,
             the
             Former
             is
             a
             Sentence
             of
             Order
             and
             Authority
             ,
             upon
             a
             Foundanion
             of
             Law
             ,
             and
             Conscience
             ;
             The
             Other
             ,
             an
             
               Indeterminable
               License
            
             ,
             in
             Opposition
             to
             Practice
             ,
             and
             
               Common
               Sense
            
             ;
             and
             an
             Usurpation
             ,
             over
             and
             above
             .
             The
             People
             Judge
             by
             their
             Eyes
             ,
             their
             Ears
             ,
             and
             shortly
             ,
             by
             what
             they
             
               See
               ,
               Hear
            
             ,
             or
             Feel
             ;
             but
             the
             Magistrate
             reads
             Effects
             in
             their
             Causes
             ;
             and
             it
             is
             both
             the
             Prudence
             ,
             and
             Duty
             of
             his
             Function
             to
             Prevent
             Mischiefs
             in
             the
             
               very
               Seeds
            
             and
             Roots
             ,
             before
             they
             come
             to
             a
             Head.
             
          
           
             To
             Sum
             up
             the
             Whole
             now
             ;
             If
             Government
             ;
             The
             
               Rules
               ,
               Powers
            
             ,
             and
             Measures
             of
             Goverment
             ,
             be
             all
             of
             God
             ;
             If
             Those
             Foundations
             be
             layed
             in
             
               Right
               Reason
            
             ,
             and
             Iustice
             ,
             and
             Communicated
             to
             All
             Mankind
             ,
             in
             the
             very
             Bowels
             ,
             and
             Instincts
             of
             
               Reasonable
               Nature
            
             ;
             If
             
               Humane
               Laws
            
             fall
             short
             of
             the
             Ends
             they
             were
             Design'd
             for
             ;
             and
             
               No
               Means
            
             left
             us
             to
             supply
             That
             Failing
             ;
             the
             Inference
             is
             ,
             that
             either
             
               Those
               Original
               Lights
            
             are
             given
             us
             in
             Vain
             ;
             or
             that
             Providence
             has
             made
             a
             
               False
               Reck'ning
            
             ,
             which
             are
             
               Two
               Points
            
             that
             cannot
             be
             so
             much
             as
             supposed
             ,
             without
             the
             
               Highest
               Indignity
            
             to
             
               God's
               Power
            
             ,
             and
             Wisdom
             .
             As
             to
             the
             Receptacle
             of
             this
             
               Sovereign
               Prerogative
            
             ,
             and
             the
             
               Iudgment
               ,
               Where
               ,
               When
               ,
               How
               ,
            
             and
             in
             
               what
               Degree
            
             ,
             it
             is
             to
             take
             Place
             ,
             the
             Order
             of
             Nature
             ,
             and
             of
             Government
             tells
             us
             ,
             that
             
               It
               is
               impossible
               to
               Vest
               it
               in
               the
               People
               ,
               without
               Confounding
               Sovereignty
               with
               Subjection
               .
            
          
        
         
           
             
               CASE
               II.
            
             The
             Nullity
             of
             any
             Act
             of
             State
             ,
             that
             Clashes
             with
             the
             Law
             of
             God.
             
          
           
             THe
             
               Two
               Cases
               above
            
             ,
             are
             but
             ,
             Effectually
             ,
             the
             Abstract
             of
             
               Twenty
               or
               Thirty
               Observators
            
             upon
             the
             
               same
               Text.
            
             I
             have
             done
             with
             the
             Former
             ,
             and
             as
             to
             the
             Other
             now
             ;
             It
             is
             out
             of
             Doubt
             ,
             that
             all
             Those
             
               Pretended
               Laws
            
             ,
             are
             Nullities
             ,
             that
             take
             upon
             them
             to
             Forbid
             ,
             what
             God
             and
             
               Nature
               Commands
            
             ,
             or
             to
             Command
             what
             
               God
               and
               Nature
               Forbid
            
             .
             This
             
               Single
               Position
            
             might
             serve
             for
             a
             Full
             ,
             and
             a
             
               Final
               Resolution
            
             upon
             This
             
               Point
               ▪
            
             but
             having
             Touched
             upon
             
               One
               Particular
            
             under
             
               This
               Topique
            
             in
             several
             Observators
             ,
             (
             in
             the
             Case
             of
             Charles
             the
             First
             )
             and
             particularly
             in
             my
             
               Late
               Answer
            
             to
             
               a
               Letter
               to
               a
               Dissenter
            
             ,
             &c.
             
             I
             would
             willingly
             Propagate
             the
             Opinion
             ,
             if
             it
             will
             
               hold
               Water
            
             ;
             and
             I
             am
             as
             ready
             to
             Relinquish
             it
             ,
             if
             it
             will
             not
             Abide
             the
             Test.
             But
             however
             ,
             I
             shall
             recommend
             it
             to
             the
             Publique
             ,
             Once
             again
             ,
             in
             
               the
               very
               same
               Words
            
             .
          
           
             In
             the
             Case
             of
             the
             Proceedings
             ,
             under
             
               Charles
               the
               First
            
             against
             the
             Papists
             .
             That
             Excellent
             Prince
             ,
             according
             to
             all
             Reasonable
             ,
             and
             
               Humane
               Presumption
            
             ,
             lost
             his
             Crown
             ,
             and
             his
             Life
             ,
             in
             Complement
             to
             a
             
               Void
               Act
               of
               his
               Own
            
             ,
             in
             pretending
             to
             Bar
             himself
             the
             Use
             ,
             and
             Service
             of
             his
             Subjects
             :
             As
             if
             
               an
               Act
               of
               State
               could
               Supersede
               a
               Fundamental
               of
               God
               and
               Nature
               .
            
             I
             have
             the
             Authority
             of
             a
             Great
             Man
             (
             Bishop
             Sanderson
             )
             to
             Back
             me
             in
             the
             
               Casuistical
               Stress
            
             of
             This
             Instance
             :
             [
             God
             (
             says
             he
             )
             
               hath
               given
               to
               his
               Vicegerents
               here
               on
               Earth
               ,
               a
            
             RIGHT
             
               In
               ,
               and
            
             a
             POWER
             
               Over
               the
               Persons
               of
            
             ALL
             
               their
               Subjects
               ,
               within
               their
               several
               Respective
               Dominions
               ,
               even
               to
               the
               spending
               of
               their
               Lives
               in
               their
               Countries
               Service
            
             ;
             WHENSOEVER
             
               they
               shall
               be
               by
               Their
               Authority
               called
               thereunto
               .
            
             Five
             Cases
             ,
             p.
             71.
             ]
             Now
             if
             they
             have
             These
             Privileges
             of
             RIGHT
             ,
             and
             POWER
             ,
             from
             GOD
             ;
             and
             Extending
             to
             ALL
             ,
             and
             WHENSOEVER
             ,
             without
             Exception
             ,
             either
             to
             
               Time
               ,
               Number
            
             ,
             or
             Distinction
             of
             Persons
             :
             What
             Earthly
             Power
             shall
             dare
             to
             Controll
             This
             Commission
             ?
             And
             I
             have
             One
             Word
             more
             to
             Offer
             now
             ,
             (
             that
             I
             have
             formerly
             spoken
             to
             )
             which
             comes
             a
             little
             Closer
             yet
             to
             the
             Point
             .
          
           
             The
             Precept
             of
             [
             
               Honour
               thy
               Father
               and
               thy
               Mother
            
             ]
             is
             undoubtedly
             of
             
               Divine
               Authority
            
             ;
             and
             a
             Command
             ,
             of
             an
             Immutable
             ,
             and
             
               Indispensable
               Obligation
            
             :
             And
             it
             has
             
               Catholique
               Assent
            
             to
             't
             ,
             that
             it
             Extends
             ,
             as
             well
             to
             our
             Civil
             ,
             and
             Political
             ,
             as
             to
             our
             
               Natural
               Parents
            
             .
             By
             
               This
               Law
               ,
               All
               Subjects
            
             are
             Bound
             in
             Conscience
             to
             Attend
             the
             Call
             ,
             and
             the
             Service
             of
             their
             Prince
             ;
             for
             the
             Precept
             is
             Positive
             ;
             without
             Any
             
               Qualification
               ,
               Limitation
            
             ,
             or
             Condition
             whatsoever
             .
             The
             Question
             will
             be
             Shortly
             This
             now
             ;
             Whether
             Any
             King
             ,
             can
             by
             any
             Act
             of
             
               Civil
               Authority
               ,
               Divest
            
             himself
             of
             This
             Right
             ,
             over
             the
             Persons
             of
             his
             Subjects
             ?
             I
             do
             not
             say
             but
             he
             may
             Chuse
             whether
             he
             will
             Command
             them
             ,
             or
             Not
             ;
             but
             he
             Cannot
             Discharge
             his
             People
             of
             their
             Duty
             of
             Obedience
             ,
             in
             case
             he
             Requires
             their
             Service
             ;
             That
             is
             to
             say
             ;
             In
             any
             Case
             ,
             which
             is
             not
             Contrary
             to
             the
             Will
             ,
             and
             Word
             of
             
               God
               ;
               No
               Humane
               Law
            
             Can
             Absolve
             them
             from
             That
             Office
             of
             Allegeance
             :
             So
             that
             in
             the
             Conclusion
             ,
             either
             Those
             Subjects
             are
             Clear
             before
             God
             ,
             that
             serve
             their
             Prince
             ,
             when
             by
             him
             thereunto
             required
             ,
             notwithstanding
             any
             
               Law
               of
               Man
            
             to
             the
             Contrary
             ;
             Or
             the
             
               Ten
               Commandments
            
             may
             be
             turn'd
             to
             
               Waste
               Paper
            
             ;
             If
             the
             Law
             of
             the
             Land
             shall
             Forbid
             upon
             a
             Penalty
             ,
             That
             which
             the
             Law
             of
             
               God
               ,
               Commands
            
             upon
             a
             Penalty
             .
          
        
      
    
     
       
         
           London
           ,
           Printed
           for
           
             R.
             Sare
          
           ;
           and
           Publish'd
           by
           
             Randal
             Taylor
          
           ,
           1687.