S37^ff4 
 
 DA 
 
 460 
 
 T56 
 
 1694a 
 
 MAIN 
 
Digitized by the Internet Archive 
 
 in 2008 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/essayconcerninglOOtindrich 
 
Jc 
 
 AN ESSAY 
 
 Concerning the 
 
 LAWS of NATIONS, 
 
 AND THE 
 
 RIGHTS of SOVERAIGNS. 
 
 With an Account of what was (aid at 
 the Councii-Board by the Civilians 
 upon the Queftion, Whether their 
 Majcftics Subjcds taken at Sea ading 
 by the late King's Commiffion, might 
 not be looked on as Pirates ? 
 
 With REFLECTIONS upon the 
 Arguments of Sir T. *P. and Dr. OL 
 
 By Maufindally Dodor of Laws. 
 
 LONDON, 
 
 Printed for Richard BaUrvin near tlic Oxfori'Arms 
 in fVdrmck'LMnCy 1694. 
 
 ■y 
 
LOAN STACK 
 

 
 Reproduced by DUO PAGE process 
 in the United States of America 
 
 MICRO PHOTO INC. 
 Cleveland 12, Ohio 
 
 122 
 
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 ' , I .il 
 
 • -— ■■ ■; 1 -. M -T. •! 
 
 I , Concerning the ' , »;i 
 
 * LAWS of NATIONS^ 
 
 AND THE- , :;; 
 
 RIGHTS of SOVERAIGNS. ' 
 
 HE Malice of the Jacohitu is To reftlcfs, that it 
 omits no Opportunity to rai(e Stories, though . 
 never (b falfe and improbable s (cruplcs at no 
 Means, tho never fo Bafe and Diflionourable, to , 
 Tcfleft upon and expole the Government. What have they , 
 not (aid aj^ainft it, Jfor dtfigning to try as Pirates tholl* who^^ 
 accepted Commillions from the lace King, to take the, 
 Ships and Goods of Their Majefties Liege Sub)efts> 5o • 
 ftraneely afraid are they, that People ihould be Jifcoura- . 
 ged tfom difturbing the Trade and Commerce of the Nar i 
 lion. And to make what they report the more colourable, j 
 
 ! I thoft Civilians, who, when conlultcd by the Privy Coun- * 
 
 * " ctlupon this Queftion, Whether Their Majefties Sub-' 
 
 je£b t^ken at Sea, a^iog by the late King's CommiOlon, 
 
 B night 
 
'J 
 
 might not be looked on as Pirates > were ofOpinion, that 
 by the Laws of Nations they ought to be (cv WhofeRe/a- 
 fons (btfides all the dirt imaginable that they have throWn 
 on their Perfons) they havcfo reprefented, by altering, or. 
 leaving out ^ what >was rooi^ material, as to make them ap* 
 pear ridiculous. J\ ^'i , v 
 
 The Duty I owe to the Publick, fince no better Pen 
 has attempted it, wiH'oblige me to give an impartial Ac- 
 count of the whole Proceeding 5 vyhich will befufficient 
 to ^rpe off all the CK afid Calumnies they have difper-^' 
 fed, and to per fWadc ail impartial Perfons, that thofe^ 
 %vho were taken adting by the late Kings CommilTion at 
 Sea, ought by the Law of Nations to be condemn'd as 
 Pirates. ^^ . ^, . ^ .. ^, ^ 
 
 But that theBfcaaer inay better apprehend and judge of 
 the Reafbns that were urged on both fides, and of the 
 Q^cftion it (elf i it will be neccflary to (hew, what the 
 Laws of Nations are, and how far Kings and other Su*^ 
 pream Governoiirs are conterned intheoi. 
 
 The Laws of Nations are certain Rules and Cuftoms 
 obferved by Nations in their entercour(e with one ano- 
 thefj' which upon the account of their evident and com* 
 rrion Pro(it, as they are necelfary for thbir maintaining a» 
 mutual Corrcfpondence,! have' been conltantly praftifed 
 by ihem, and are efteemcd as Sacred. They are built 
 upon no other Fovindation than the general Good of So- 
 cieties, to which ' a mutual torre(pondcnce, that could: 
 not be upheld but' by- obferving thefe Rules, is highly- 
 •neceflfary. ' . i- . . . 
 
 ' The feveral Lcginative Powers of Nations never en- 
 afted.'fnch Lawsj nOr have all other- Nations Authori- 
 ty to!' oblige any SoVcxeign- Independent State, which' 
 
 \ :,,/- ■ •;• • '•'•- .^ "' ' -^ ••'•• .' i'Can 
 
 •#t»JMM<HipiliMfe<««l«l*MtaM^ 
 
^M uim^iimimMmimmmiiMitmlim 
 
 ■\ 
 
 can no otherwife be bound to oblerve thefc Rules, but 
 'ias they tend to the mutual good of Societies^ ;i ' vv 
 Jj i So that the Law of Nations and Nature, is in effcft the 
 
 fame. The Law of Nature ( I mean that part of it which 
 
 concerns the Duty of Man to Man ) is nothing clfe but 
 ^ that mutual Aid and Afliftnncc, which by rcafon of their 
 
 common NccelTuics one Man owes to' anbthcr, »with6\it 
 
 • the obfcrvance of which Mankind could Ifiot ^Vcll fubfift*. 
 
 • VViiich Law, as it rcfpcfts the duty of finglc Pcrfbnsto 
 ' one another, is call'd the Law of Nature, but as it rc- 
 
 fpctls Men collcftively as they are Bodies Politick^ andthc 
 relation they have to one another as fuch, is called the 
 Law of Nations ^ who in refpett of one another are in the 
 .State of Nature, and in their mutual correfpondcnce, are 
 bound by no other Laws but thofe of Nature. 
 
 Though it is generally affirmed by Authors, that there 
 are many things which are meerly Pofitive, and inthem- 
 felves Indifferent, that are part of the LawofNationsj yet 
 they no way endeavour to prove it, or pretend to fliow 
 ' how long any thing mufi: be praftifcd, or among hdw 
 - many Nations^ to make it dn Utiiverfal (landing Law ^o 
 all Nation?. ' - ' ' •' 
 
 In a Civil Society, Cuftoms grow into Laws, becaiilu it 
 is the Will of the Supream Powers they (hould* Cdftoms 
 • are their prcfumed or unwritten Will, which they by th>if 
 ' exprefs Will may alter as they pleafe, '• But ampngf*. dif- 
 ferent Nations, there is no Common Lcgidative Tower f 
 but every Nation is at liberty to aft aS it plt-^ies. Nor 
 f- can any Nation beprefumed to tic it felfur further .*nan 
 ■-'their own, or the Goftimoft G6od of Societies do require 
 ' ^it : Nor can they by any Cuftoras, '» ^»iough rf' never fo 
 long continuance, if they are In tb'.it Naiu»'w' "indifFereht, 
 be any longer bound than ^thef pleafes provided they 
 ' publickly declar6| that aft th^y intenu not; to ufe them 
 
 X' 
 
 fV 
 

 i any longer ihcnfelvei, (b they leave othen the (ame- n**- 
 ^* ubcrty.. A Nation, it it) true, ought not lightly to change- 
 what they have generally praftifed^ it looks like afife^ting: 
 Singularity, and being as it were out of the Faftiion v but ^ 
 I if they do, they break no Law. But I dare be poiltivc, that ^ 
 
 there is na Cuftom, except what is obligatory by the 
 ^ Law of Vlature, that is Univerfally received j but in dif- 
 
 ^ fercqt pacts of the World different Cuftoms have ob- 
 
 tained, and even among the fame Nations at different 
 j * times different Pradices, which arc frequently changed, 
 
 I * without any Violation of the Law of Nature: And there 
 
 I '\ is nothing meerly pofitive, but where Precedents may 
 
 \ .be brought on both fides, which fheweth the thing may, 
 
 ' or may not be done^. without injury to the Law ofNa- . 
 
 \ /,\ , '.. .tjons. , . 
 
 ;■' f ' Among the Heads of the Pofiiive Law of Nation*,, 
 
 .">• .That concerning Arabafljdors is reckoned one of the 
 ♦ * \ chicfeOij Yet what is more different than theCuflomsof Na- 
 
 tions, or the Opinions of Learned Men about thole Rights. 
 , J ' that belong to Ambaffadors, further than they are deduci- 
 
 . ' ble from the Law of Nature ? by which Law the Perfons- 
 
 , . V \ . of AmbafTadors ought to be inviolable, even when (ent 
 
 ••• to Enemies $ becaufe Peace could not be made, or pFC- 
 
 •I'ftrved, or, Differences compofed, which the Law of Na-- 
 I ; ' ture requireth (hould be done, except thofe that are (ent 
 
 •I . i .:\>4 ^^ ^^ch Errands, (hould rot only be fafe, but alfo be per- 
 ' P-i mittcd to treat with Freedom, and procure as Advan- 
 / ; . togtou*. Terms 3S they can, for the Intereft of the Natioa« 
 
 . '' ir r-i* that jmployeth them; What is more than this, or is not 
 ; %r o qccellary for the Ends they are (ent, any Prince may rc- 
 
 .' '^1V';> full* it, them, providad he be willing his Ambafladors. 
 j "; *^^ » iliould be treated after the fame manner 5 and not only 
 
 I ,: tp) Ambailadors. of Soveraign Princes,, "but to any that- 
 
 ;» VR (ept by private ferfpns, (as by Merchants upon the- 
 \, ' . ' accountc 
 
 V.-. 
 
 — ■ ' ■ ** * ' 
 
^% 
 
 » 
 7 
 
 (5) 
 
 iccount of Trade) if Princes will admit them to tre^t,. 
 ^1 they mufl: allow them what is neccflary in order to it. And 
 
 further than this, nothing of certainty can be drawn from 
 the Practice of Nations. Nay Grotiu^^ who 19 the great 
 Aflerter of the Pofitive Law of Nations, in his Chapter 
 dc legatiofium jurc^ faith, that even this Qucftion, Whether 
 the Pcffbns of Arabafladors arc inviolable? cannot be de- 
 termined by the Pra<n:icc of Nations s ^^ '^^^ violattdit le^ 
 gatif dijjicilhr eft qiisfth df varit d^ a chrh hujus fecnli 
 ingeniis jiidata^ &c. and at laft concludes, SpeQattdum ergo 
 quoufque gentes cortfenfcrifit ^ qtwdcx folir exemplis cvwcitjcn 
 fptcfty extant fat is Multa in partem Htrafftq'^recurrcfidHmigi" 
 tnr turn ad fapientHm jndicia turn ad conjcHuraf^ Where 
 Nations have neither exprcfly declared, nor are there 
 Examples enough whereon to found their tacit Conlent,, 
 there can be no Obligation from the Pradiceof Nations, 
 but from the Matter it (elf, as it is conducive to the Good 
 of Societies 5 upon which alone *he Judgment of wife- 
 Men, as well as all other Conjtftures, muft be founded. 
 5 What looks more like the Pofitive Law of Nations, than 
 that general Cuftom of Princes having Perfons of publick^ 
 Charafters perpetually refident in one anothers King- 
 doms? Vet GrotrMf faith in the foregoing §. Optimo auttm' 
 Jkre pojjunt rejici qua ttufic in ufu font Icgationet ajfidtta^, 
 qnibus quum nonftt cpus docet mos antiquus cui illst ignotit. 
 
 To give but one Inftance more, and that too out of 
 GrotistSy who does not pretend to prove any thing from 
 the voluntary Law of Nations concerning this moft com- 
 prehenfive Queftion, ^antum in hello liceat^ but has whol- 
 ly recourse to the Law of Nature 5 lib. 3. chap. i. g^an-^ 
 turn in beOo liceat reguU generates ex jure nature: And ^. J. 
 Quid liceat in eos qni hoftes non font aut diet ttolnnt^ fid' 
 hofiihtu res aliquas fobminiftrant^ nam C^ olim (^nuper acri-^ 
 ferde €4. rt certituii$'ffimHs^,aUi belk^ rigorem^ alii^ commercio^ 
 ' ntsm 
 
> 
 
 J 
 
 rum lihertaU9ft fiifeuderifit^ 6^^<; -And adds, Haftc gttlem 
 qM£ftiomtH ad Jhs nature. jcUo nttfUiHUr^ quia ex bifimit 
 
 , tiibil compcrire potuimus iH de re jure voluntarh gtniium ejfe 
 cottfijtHtMM, If in ihc(e matcri.U Points, which conftitute 
 fo great a part of the Law of Naiions, nothing that is 
 mccrly pofitive can be dtduccil from the tacit Con(ent 
 of Naiions, it is very unlilid); that any thing of that na- 
 ture can be proved in Points of klb importance. 
 
 \ From each of which Point.s,Examf les, had it been ncccf- 
 fary, might aseafily have been produced. Nothing can more 
 diminifh from the Sacrednefs of the Law of Nations, thaa 
 
 . to allow it no other Foundation than the Praftice of the 
 generality of Soveraigns 5 who, like other Men, are go- 
 verned by Paflion, Intertft, Ambition, Revenge, and 
 the like 5 and who are (b far from minding the general 
 
 ' Good of Mankind, that they very often (acririco the Hap- 
 pinels and Profperiiy of their own Nation to thcfe Pafli- 
 om. How many things are now looked on as lawful 
 in War, and daily, pra^iled, which are againft all Huma- 
 
 , nity as well as Chrillianity 5 which in former Ages were by 
 . feveral Nations eftecmed a Violation of the Laws of Na- 
 
 . tions.> 
 
 There is no Subjcft, about which there are more Mi- 
 ftakes, or which i> more confulcdly handled by Authors, 
 
 ■ than this of the Law of Nations 5 they referring many 
 
 J things to that Law, which are do part of ir : even Gro^ 
 
 , iiui himfclf, who has writ the moft accurately on this Sub- 
 
 . jefJ:, bcfides other lefTer Errors, has a whole Chapter de 
 jure fep}iltur£^ as a Part of the voluntary Law of Nations. 
 
 .. The burying of the Dead is, I confels, an Office of Huma- 
 .nity, and a Matter of Decency 5 but I can fee norealbn 
 
 \ why it ihould be reckoned as a part of the voluntary Law 
 
 . of Nations, more than wearing of Clothes, or twenty o- 
 ther things Mankind generally do, either out of Ncctffity, 
 
 > • ' Or 
 
I 
 
 % 
 
 MliiiiiMhi 
 
 (7) 
 
 or Convcnienc5% or for other Reafons than the voluntary '.• 
 Law of Nations, or upon the account of any tacit Agree- 
 ment between them. Several err ff ore grofly, miQaking 
 thole Privileges which the Roman Law allowed to Fo- , 
 reigncrs in common with their Citizens,^ for the Law of . • 
 Nations, only bccaufe the Romans callVi them jus gcntitwty 
 to diftinguifti them from thole particular Privileges or 
 Advantages the Citizens had above them, which they 
 called jifs civile : what they called they^ gcntiuu/^ was as 
 much a part of the Law of that Nation, as the jus civile 5 
 which no other Nation was obliged to obl<:rve, but might 
 allow more or lefs Privileges to Foreigners or Citizens 
 as they thought fit. Others (which Miftake ismoftcom-,^ 
 mon) call That the Law of Nations, which is the Law of 
 Nature properly (b termed, and relates to particular Per- 
 fons, with rcfpedt to one another 5 or ellc they miQakc 
 the Laws of different Countries, when they happen to be 
 the fame, for a part of the Law of Nations \ which though 
 they be the fame in feveral Nations, yet they have not 
 their Force and Authority from any tacit Compad, but 
 becaiife the fuprcam Powers in each Society have made 
 them Laws, which any one of them may alter without any 
 Violation of the LaWs of Nations 3 becaufe every Nation 
 IS a compleat Body- Politick within it (elf, and may make 
 what Laws, appoint what Government or Governors, and 
 manage their own Affairs within themfelves as they 
 think fit. ^ ^ :..,'. 
 
 - Thd Laws of 'Nations relate to their mutual Commerce 
 and/Correfpondence, which cannot be maintained but by 
 having recourfe to thofe who have the Power of making 
 Peace and War, and all other Contrad^s for the Nations 
 they reprefcnt 5 whofe Afts are the Ads of the whole 
 Bodies, and bind the Members as much as if each particu* 
 lar Perfon had confentcd. It is upon the account of the . 
 
 Power 
 

 Power of making thefe Cohtra^s, that the Governors of 
 each Society are allowed above all others certain Prero- 
 gatives by other Nations, over Whom they have no Au- 
 thority, who are no otherwife or further concerned with i 
 them, but as they have the Power of making Contrafts for { 
 the Nations they rule. As it is for their own Intereft that . 
 private Men make Bargains with one another, fb (as I 
 have obfcrvedin another Effay concerning Obedience, 
 C^T.) the Correfpondence that one Nation holdj. with 
 another is for their own Good 5 and in their Commerce • 
 with one another, they look no further than who thofe 
 Perfons are that have the Power of obliging the Nation 
 they have occafion to make ufe of It is not material to 
 them what Right they have to thij Power j it is fufficient 
 ' that the Nation then owns them, and have enirufted them 
 with it. It would be an endlc(s> as well as a ufclcG Task, 
 for Ambafladors before their Admiflion to prove the juft 
 Rights their Matters have to thofc Powers they are poflel^ 
 fed of: and other Princes may well be ignorant of what 
 does not concern them ^ who, if they have occafion to 
 treat with any other Nation, muft apply themlelves to thofc 
 (whatever Right they have to it) that are in pofleflion 
 of the Government. Would it not be ridiculous in the 
 EngUlh, or any Nation, who propofe any Advantage to 
 themfclves by it, to refufe to treat with the prefent Em- 
 peror of the Turks, and to allow him thofe Rights that be- 
 long to Soveraign Princes, becaufe his depofed Brother 
 may have a better Title ? Did liot the moft conGderaWe 
 Nations of Europe court the Fricndfhip ofCroffimll^ and 
 the French King to obtain it, oblige the two late Kings, 
 then in his Country, to retire from it, without being con- 
 demned by others, or even by Them ? And did not all Na- 
 tions with whom the late Protestor had any concern, allow 
 him both in matters of Peace and War, all thofe Rights 
 
 that 
 
 'ft. 
 
 mmfmim 
 
(?) 
 
 that belong to Sovereign Princes. ^ No Prince is obliged 
 to hold Gorrefpondence, but may rcfu(c to (end or re-; 
 ceive Ambafladors 5 as all Proteftant Princes deny to 
 hold any Gorrefpondence with the Pope, thofagh he is 
 a Sovereign Prince: yet if one Nation has any concern 
 with another, they muft allow the Tame Rights 4nd Privi- 
 leges to the a^ual Governor of that Nation, as they ex- 
 pedt (hould be payed to their own. And if a Nation be 
 divided, by a part of them withdrawing their Obedience 
 from the rightful Prince, not only other Soveraigns, but 
 even their lawful One, if he has occafion to treat with 
 them cither in Matters of Peace or War, muft treat them 
 after the (ame manner, as he experts to be dealt with 
 himfelf 
 
 All Fwcagues and Treaties are National 5 and where they 
 .are not to*'expire within a (horter time, though made 
 with Ufurpers, will oblige legal Princes, if they fuccecd, 
 and (b vice verfa: and a League made with a King^ of any 
 Nation, will oblige that Nation, if they continue free, 
 though the Government (hould be changed to a Common* 
 wealth, becaule the Nation is ftill the fame, though iindet 
 different Gcwrprnments. Which Grotitts obfervcth, lib. a, 
 cap. 1 6. Imo ttUmfi fiat us dvitath in rc^mim vtHtetur^ Mas 
 mhit fadus^ quia Munet idem corpus cift mMtas^- cafHe^^ ^ 
 Kt fipra diximufy it^perrun q\tod ^cr regem t\cft9ffiti i)o^A 
 dejinet impcrium cjfe Populi : in whofoever Hands th(?y erP 
 truft the Management of it, yet ftill it is the Impcrififf$ 
 'Populi^ the Empire of the People. The Leagues which 
 Princes make with one another do not oblige them to ortft 
 another, longer than they arc in poflcfiion Of 'their Go^ 
 vernments 5 bccaule the (ble IVcafon of Leagues and Con** 
 irads is upon the account of the Power caeh Nation has 
 to afford mutual Affiftancc and Benefit to one another \ 
 ^hich R.€aibn f^ill continues, though the Per/on \^ctwai 
 
 C ■ cntrufted 
 
 iiktiii 
 
' I 
 
 entrufted with the Power of tnaking them bccblnged$ 
 «' who thea is no further concerned therein, than a Pro^or 
 , is with a Cau(e after the Revocation of his Proxy. 
 ' . ." Upon this Reafon King Charks the Firft, though he 
 * made a League, and connroied it with an Oath, with the 
 ■ ; ; King of Spain exprefly as he was King of Portugal^ did 
 . ;.' notwithftanding immediately after receive two Ambaffa- 
 ; , , dors from the new King of Foriugal^ who had driven out 
 • the Spaniard 5 and this was not looked on at the Court of 
 ,1 •' '; Spain^ either as breaking his League or Oath. 
 
 V' = All the Rights ana Privileges Princes are allowed 
 
 *.!-.. by foreign Nations, over whom they have no manner 
 
 ; . ; ; of Authority, is upon the account of the Power they 
 
 ;-^ . • ' have of making Contrafts fov the Nation they govern 5 
 
 •V.'f which Power when they lo(e, and no Nation is any lon- 
 
 ;,'-'*' ger obliged or concerned in their A^lions, they have no 
 
 'K more Right tothefe Privikyes than they had before they 
 
 ' . .. had this Power. But becaul j the fame intercourfe will al* 
 
 ' •«> i ways beneceflary between Nations, and Leagues and Con- 
 
 •'^ '.j • traas mud be made, which cannot be made with the 
 
 '"• whole Body, but only with thofe who have the Supream 
 
 : f- " . Power, nor vath them neither, except they be allowed 
 
 "C"V'-i'- thole Rights and Privileges the di(jx)fleiied Princes had 5 
 
 -. therefore there is an abfolute Neceffity of granting them 
 
 V the fame 3 and the Others muft lofe them with their Do- 
 
 • . minions, becaufe more than One at the (ame time cannot 
 
 ; :. have the (ame Right, for the fame Nation. And though 
 
 t the King of that Country, to which a difpofleffed Prince 
 
 rj?. retires, alloWs him what Honours or Privileges he plea- 
 
 feth, as every Supreme Power is at liberty to adl in his own 
 
 Dominions as he has a mind to, and bedow his Favours as 
 
 he thinks fit ^ yet the Titular Prince has ho Right by the 
 
 •, Law of Nations to claim any of thofe Privileges that bc- 
 
 <,{:» .long^to thofe that \iA\e fnmmhm Imf^rhm^ ox any More 
 
 •-v 
 
 
 mmKmm^mmmt^ftmi'mmmmmmmmimm^mi^mmmmmmm 
 
than what belong to other private Pcr(bns. What Right 
 can he claim by the Law of Nations, when no Nation* 
 are any way concerned in his Anions } Ail Nations, but. 
 his own, diQinguidied him from others, upon no other 
 account, but as he hnd the Power of making National 
 Contrads. Which Power when he lofeth, the Rea(bn 
 of allo\^ing him any particular Privileges above o- 
 thers, wholly ceafeth. And his own Nation, when they 
 have entruftcd the Management of their Affairs in other 
 bandr, are no more concerned with him than Foreigners ' 
 arc 5 fo that fuch a Prince is wholly reduced to a private. 
 Eftate, without a Kingdom, nay without a Country that 
 he can call his Own, and at the bed can be but eflecmed 
 a Subjeft, during his (lay, to the Government of that So- 
 ciety he retires to, becaufe there cannot be Impmum in 
 Ifftperio^ or more than one Soveraign in the fame Society. 
 Where he is fb far from having a Power of making Peace 
 or War, or any other National Contra^s, that he cannot 
 without leave fend to- Princes, or receive Any lent by them, 
 much lets allow Them that are ftnt thofe Privileges which 
 are due to Perfbns of a Publick Charafter ; and it would 
 be unrcafonable that Soveraigns (hould be obliged to al- 
 low thofe Privileges to him, who is uncapable of return- 
 ing the fame. And it is evident, that Soveraigns have 
 none of thofe Rcafbns to forbear excrcifing a Coercive 
 Power over him, as they have over an AmbafTador who, 
 as Grotiui faith, cap, dt (eg, if he commits crimen atroctuf^ 
 C^ ad publkuM malum f^dians^ mtUndus erit ad cum qui 
 fMiJftf cvm poftulatont CHmpuuiaf^ aut dcdat. But to whom 
 can a difpoffefled King be fent, or who will give fatif^ 
 fa^iqn fur any Grime he commits } Why may he not be 
 punimed without Violation of the Laws of Natioos, or 
 Injury to any Nation whatever, (incc no Nation owns 
 him (o much as to be of their Body I Therefore the King 
 
.; ifl wboi^ Pomipions he m,^ may, if m Crime dcfervc it, 
 puwlh mm with lo(s of Life, as Queen Blizabetb of blcffed 
 Memory, did Mary Queen of Scotland, 
 '. There is no Reafon in Nature, either from other Nati- ^ 
 
 om, or from the Perfon himfelf, why he may not be pu- * 
 ■ 'J niftied by that Government under which he lives, as well 
 ;>%} as any other that makes ufc of the Proteftion of it, For^ 
 >■ V. whofoevcr makes ufc of the Prottdlioii of any Govcrn- 
 ; i 5 ipent, owns hitnlelf (as I think I have fufficiently proved 
 : ■ . in ray Eflay above-mentioned) a Subjeft of that Govern- 
 ment, and confcquently makes himfelf liable to be pu- 
 \. nilbcd if he tranfgrefs the Laws. And Grotius faith, wp. 
 dchg» It is the Law of Nations that all, but Ambafladors, 
 are Subje(!Js to the. Prince in whofe Territories they are. 
 - n : ' His Words are clear, Flacuijje genlihs ut commums mot qni 
 qtiemvis in alieno territorh exifiantef/t ejus loci Urritorio jkb* 
 j/V/V, excepiomm pateretur in Ugaiis^ ut quijicut fi&ione qua* 
 dam habentur pro perfonis mittcniium (^fen^lHS fackm Jecnm 
 ' aituUrat^ attlJoritatem rciphbHcdy ait de legato quodam M Tul-'' 
 lius) itaeiidm fiUione fi/nili confiitnerfniur ci:afi extra terri" 
 i| torium: It is only their mutual Good that hinders Princes 
 
 : from excrtifing this Right over Ambaffadors, becaufe each 
 
 Prince expe(5s the fame for his Own in Another's Territo- 
 ' /«' • riess but there can be no fuch Reafon urged in favour of 
 
 ■ ... a difpoflcfled King, who carries no puWicli Authority with 
 [' • ;v* feim^ or in what other Country fhall he be fuppofed to be 
 ; ; ' . ;*» ', in, fjnce he has no Country he can call his own ? . 
 
 ! . % Having proved in general, that aPrince that has no longer 
 
 (1 I ; ' • themanaging the AfFairsof a Nation,has noRJghtto any of 
 jl V • , V ^thofe Privileges that belong to them that have fummnm Im" 
 ''. A /;■;" perih,^^ and therefore fuch a Prince being fallen from a 
 ^ \ . ? ■ i }] t publick to p, private Condition, and under the Power and 
 Government of anoiher,^ can have no more Right than any 
 
 other 
 
 t 
 
 
 ■^.r 
 
 W 
 
 Ife 
 
■■* — ' ^ III " ' > « • i ' i< > iiii im « w ii«i i ii fti Mi«><i ni iiw ' iii iiiii ii ^ iigt^mmmmmmmmmmt 
 
 (»5) 
 
 Other private Perfon to grant Commiffions to private Men 
 of War to difturb the Trade and Commerce of any Nati- 
 on 5 and that they that aft by his Gommiflion may be dealt 
 with, as if they aftcd by their own, or the Authority of 
 any private Perfon 5 becaufe there is no manner of incon- 
 venience which will happen upon a private Perfons grant- 
 ing fuch Coromiflions, but the fame will happen, if a 
 Prince grants them after he is reduced to a private Con- 
 dition, they being both then in the xery fame Conditi- 
 on. . 
 *■ What other way have Nations to fecure their Trade, 
 or hinder their Ships or GocJs from being taken, but 
 by treating them as Pirates who Rob by fuch a Commit 
 fion } There is no way of making a Titular King weary 
 of granting fuch Commiflions, as long as he can find Peo- 
 ple willing to accept and aft by them. Nothing can ob- 
 lige him, who runs no rifque of lofing any thing, but may 
 get a confiderable Booty by what his Privateers take, as 
 well as difturb and molcft his Enemies, to forbear grant- 
 ing fuch Commiffions. No Reprifals to be rtiade, be- 
 cauic he has no Ships to lofe but thofe of the Privateers, 
 whole Intereft itis that fuch Robberies (bould be continu- 
 ed. He has no Trade or Commerce to be ruined. There 
 is no way of making him defift by invading his Territories, 
 fince he has none to be invaded.* In (hort, he has nothing 
 to lofe by Sea or Land, and by confequence no way 
 of making him weary of eternally granting fuch Commiji 
 (ions. Therefore Nations have no other way to hindcfr 
 the difturbing their Commerce, but by ufing the utraoll > 
 Rigor againft fuch as accept his Commiffions, that by the 
 terror of the Example they may fright others from attempt- 
 ing the like. 
 
 What if fuch a Prince (hould grant Commiffions to 
 (eize the Sbips aod Goods of all or moft Trading Nati- 
 ons 5 
 
^-.i :'-' onij which may eafily be fuppofed, fincc he may get a 
 . ; coniiderable livelihood by Iharing the Spoil with his 
 >.*,'* Privateers} who if they were to be treated as Enemies, 
 .. ; ,; out of hope of Booty, would in mighty Numbers infeft 
 ;''<■/■' the Seas. Would ic not be madnels in thofc Nations not 
 '!'♦,;•• to make ufe of the utmoft Rigor to (ccure their Ships and 
 f^S Trade? And if (evcral Nations may ule this Method, 
 . v^/ , why may not any (ingle one, (inceany one Nation has the 
 , ' :? c^ iane right to lecure their Trade, as any Number what- 
 - ' "^ ever? But fuppofing he (hould grant Comroiflions to take 
 the Ships but ot a fingle Nation, yet in cfFeft it would 
 be to grant a general Licence to rob 5 becaule thofe who 
 are fo commiffioned, would be their own Judges of what- 
 ever they took, whether it were lawful Prize or not 5 be- 
 , /'' .. caufe in another Princes Territories whither the preten- 
 ■y^' . ded Prizes muft be brought, the oufted Prince could not 
 ->i '* pretend to fo great a Power, as to eredl a Court of Ju- 
 w", dicatureto judg according to the Maritime Laws, con- 
 '?' ^, cerning the Ships and Goods that are taken : How can 
 he whofe very being in a Country is precarious, and may 
 be banlQied every moment, claim a right to a power of 
 -\ ' Life and Death, or to force Witnefles to give attendance, 
 ^;y, - - and all other things that are neceflary for fuch a Court? 
 ;■,■•■ Or how can he be able to reftore Ships, though never fo 
 if /'^? vinjuftly taken, that are in the Ports and Cuftody ofano- 
 .; ;'. f^ V ther King ? 
 
 It is true, Soveraigns have fometimes foiborn to punifh 
 a Titular King for privately deftro> ing a Domeftick 5 but 
 ' this is no Right he can pretend to by ihe Law of Nations, 
 , but only by the Permiffion of that King in whofc Domi- 
 nions he is. It was ufual for the Supreme Powers in many 
 ' Nations to allow MaQers a power of Life and De;]th over 
 their Servants 5 infomuch that CaiMj Inft. legerle hij qtdfii 
 \ Jttrh vcl aIiefji^Ca\thi Dominorum pKeftat JHrii ^iintiuijt eji, 
 
 f/aat 
 
 
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 t 
 
 mn niwui will ii|ipfi<(ii>^wp>«w»wpwwi<wwwp 
 
-^^- — „t — — ,.., - ^ . .- ..^ , ^^ 
 
 ■'" '""^ " — - ■■ ■ ijiiiiiiiiii 
 
 ftam apnd ownes per^eque gentes ammadverten pcJJkmusDcmwh 
 infervos viU mcifq'jpotefiatewfuijje. And by the R&mdn and 
 Carthaginian Laws, even Parents had the fame power over 
 their Children 3 and in (tveral Countries at prefcnt a pri- 
 vate Perfon in many cafes, particularly that of Adultery,* 
 may kill the Adulterer and his Wife too, if he takes them 
 in the Fadl, without being punidied for fo doing. 
 
 Tho Ambaffadors of Sovereign Princes, as Grotius ob- 
 (ervcs, A 2. #.»/. 3. have by the Law of Nations no right 
 to exercifc Jurildidbion in their own Families 5 ipfe autem 
 legatut an jurifhUioneM habcat in familiam funm^ ^ an Jut 
 afyli in domo fin pro quihufvis to fugicntibfti, ex conctjjione 
 fendet ejus apud qutmagiiif iflud juris gentium non eji. If 
 the Ambaffadors of Sovereign Princes ^who, as he faith, 
 fiHione qnadam habentur pro perfonis ntittentiuni) cannot 
 pretend to this Power, there is infinitely Icfs Reafbn for 
 a Difpoffeffed King to Claim a Power that is fo much 
 greater, viz, that of ere^ingPublick Courts of Judica- 
 ture. 
 
 Therefore his granting Commiflion to Privateers, b 
 but granting them Authority to rob whom they have a 
 mind to ^ who being Judges in their own Caufe, cannot^ 
 be fuppofed, but will judge all that comes to their Net to 
 be Filh : and Nations have no rcafon to take notice of his 
 Commiflion, which can have no manner of effcd ^ Hncehe 
 that grants it, is no ways able to hinder them that take it^ 
 from a^ing as they have a mind to 5 nor is he able to pu« 
 nifh them, if they never (b much exceed the bounds of it ; 
 nor can ht redore Ships, though never fo unjuQly taken j 
 nor is he able to give any fatisfa^on for any In judice his 
 Privateers (ball commit So that it is evident it is againft 
 the good of Mankind, and confequently the Law of Na- * 
 tions, to allow a Prince that is reduced to a private Con- 
 dition, a Right to grant fuch Commiffions. 
 
 But 
 
 r 
 
>-fJ' 
 
 -t! 
 
 •.?}^ 
 
 But it may befaid, that the Government under which 
 this King is, may give him fufficient Power to judge in 
 thcle matters. 
 
 This Argument will as well hold for any private Per- 
 
 • (on whatever, becaufe the Government may allow him 
 the (iimc Power as it can any exiled Prince, 
 
 The Laws of Nations are built upon Certainties : and 
 
 • if a Perfbn has no right to a Power, to which certain 
 Privileges are annexed, he has no right to the Privileges, 
 though it were poffible that a King may allow him (ucb 
 Privileges,which he can enjoy but during his plcadire 5 and 
 
 ■ other Nations, as they are prefumed to be ignorant of this, 
 (b are not obliged to take notice of it : Nor can there be 
 ^ any inftance, where a difpoflefled Prince was allowed to 
 ereft a Court of Judicature in another King's Dominion 5 
 ; it is ertdling mpcriuM in imperio^ and none but he that has 
 Supream Power, can be a Supreme Judge, and all infe- 
 rior ones ad as his MiniQers, and mu(l be fubje^t and ac« 
 countable to him. 
 
 PerTiaps it may be faid. The King himfel^ into whofe 
 
 Dominions the Prizes are brought, may judge concerning 
 
 them. 
 
 ; But what if he will not? he is not obliged, nor can he 
 
 . have a right to judge or puni(htho(etbat afted, not by 
 
 his, but another Kings Commiffion for what they did 
 
 . fnptr ahum Mare 5 for he cannot have a right to punilh 
 
 thtm, except they are his Subjed^s, even whilft .they aded 
 
 by Another's Commiffion: and the fame reaibn that makes 
 
 them his Subjefts, will make the exiled King (b too 5 and 
 
 confequently a private Perfon, without Power .to grant 
 
 Commiffions to his Fellovz-Subjedis. 
 
 All Authors both Modern and Ancient who have writ- 
 ten on this Subjedi", have efteemed none pnemies but thofe 
 , , that havey*fww»/!« mpcrmm, and all others either Robbers, 
 
 ■or 
 
 'N 
 
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 \-'''" ■" ■ - '' 11 ,,l "" ' ' ' " " ' ^ 
 
 ^ l>.-t. Wy !.yw i i i .ii i iiPi i '■' . '■I I i muj Bi i i !u- i . i P "W'W'''^"-' --^ ■ ■■' ■ ;,;; 
 
(17) 
 
 or Pirates. tmA ^Ihericus GentiUs\ 1. r. De jure belli c5*. 
 prfri/, cap. I. and Grotiut, 1. j. cap. f}. do define an Enemy 
 to be one, qni hahet Rcwpublicam^ Ctiriaw, /ErarhfM, com- 
 fenfiim C^ concordiam civiftm C^ rutiofjcm aliqiiaM^ Jl res ita K ._■ 
 tfiUrit, pads ^frderir : which in other words is but ^w/?/- 
 fMum JKiperium^ becaufe the Supreme Power in ^ny Society - - 
 rauft have all the(e. And this they prove wns looked oil 
 as the Definition of an Enemy, even in Cicero's time, who 
 quotes n, Pbil/p. 4. as a known Definition or Defcription of 
 an Enemy. And I believe there is nothing in which Nations 
 Co unanimoufly agree, as in edeeming none but him that 
 has y«ww«;;/ />/?cr////';/ an Enemy, and all oihcis Robbers 
 or Pirates 5 and there can be no inftancc given, where any 
 though at firft they were Robber*, Piriitcs, Rebels, C'c^ 
 yet when they had Dominions, and pcfltfled fummHPr 
 impermvf, were not treated as Enemies, ^i, Aufiin de . ^. 
 Civ, Deiy 1. 4. c. 4. fpeaking of Robbers, Hoc maUtm fi in 
 tiifJttim perditorttm hcm'wum accejfibHs crtfcit^ ul d^ loca ic- 
 fteat, fides covftitmt^ civitates occupet^ populot fubjugct^ 
 Regni nomen ajfitmet. And the beginning of moft of the 
 great Empires were not much better : whatever any were 
 at firO^, yet when they had formed ihcmfllves into Civil ' 
 
 Societies, where Foreigners as well as Subjeds might have 
 Juftice adminiQred, then they were looked on as Nations 
 and Civil Societies^ and in their Wars with other Nati- 
 ons, ufed as Enemies. But until any Number of Men were 
 a Civil Society, and did aflbciate for the fake of Laws, 
 Juftice, Government, &c, they were eftecmed as Pi- 
 rates and Robbers: (b all Authors do ngrce, that thole, 
 ^j civitatem non faciunt pwi piratje zcl idt rones '^ and are 
 (uppofed to adociate Scekris caufi, for the fake of Piracy 
 or Robbery, or ibme other wicked end. But if, as Grotius 
 oblerves, /. 3. c. 3, a Change happen, and they form them- 
 fcl vcs into a Civil Society, then they have a)! the Rights thai ^ 
 ^ D belong 
 
III 
 
 (»8) / 
 
 fcelong to other Civil Societies, his words are thcfe, P^ 
 teji taMCft mutatio iftcidere fto» infwgulh lantum^ficnt lephtes^ 
 Arfuccj^ViriatUi^ tx fr^donum mcil/us jufii duces faOifitnt^ 
 fed itum ia caiihus^ ut qui prddoues tanium fiterint aliud vu 
 ■ ia getim am^lcxi, civitas fatit. So of later Years ^rgnrs^ . 
 Tnfoly^ Tums^ though at firft but Ncfts of Pirates, and 
 • . • adociated for the fake of Spoil and Plunder, yet as (bon. 
 as each of them had the face of a Republick, they were • 
 fcflcemed as juft Enemies, and had all thole Privileges 
 ';\^ allowed thtm that are due to Sovereign States, 
 ;^ : . Alkrkus Gef'tilh^ 1. 1. c. 4. (eems to be of another Opi- 
 nion > and after he has reckoned fbme few whom he is 
 forced to allow, that they from Robbers became Enemies, 
 faith, it was only the Caufe that made them fo. ^odqut 
 Jiet r*on iamjiijh exerciius uhQu^ c^ urbiufM inierceplu^Ht fcri^ 
 tores ifijo €>^ alii BiJloricJ credere videnlur^ quam adept i one 
 fuUica Taufic, However he is of this Opinion himfelf, yet 
 he is forced to con feG, that all the Antient Hiftorians 
 and Qiher Writers were of a different Opinion. If he 
 ; • ., mean by a Publkk^Caufe^ a juft Caufe of War, and none 
 "^/ / but ihofe that have fuch a Caufe (hould be treated as 
 Enemies, all Mankind would treat one another as Rob- 
 bers and Pirates 5 bccaufe each Party pretend their Fne- 
 , xnies have no juft Cau(e of War, and there being no Su- 
 •" periorto judge, each fide muft judge for themfelves 5 and 
 f where there is no Common Judge, in which both fides 
 , will acquiefce, the pretence of Right can be urged to no 
 pvnpofe, fincc each fide pretends to be in the right : fb that 
 ^ there is a neccflTity for thofe that have fiipmum imperium^ 
 whatever the caufe of the War be, to u(c one another 
 as Enemies , and thofe that have afted other wife, have 
 been cfleemtd by the rtflef Mankind as infringers of the 
 Law of Nations. It is true, fome, efpecially the great 
 Conquerors, as Akxander^ and the Saracens^ as he obfer- 
 
 veth, 
 
 r; 
 
 1 V. 
 
 
 ftmummt* 
 
ii . ii r..iiiii>riiiifi.ii ir-i r ■■>^.,^,„. ... ,\.. ■ . .. . v.^.. ..., . . 
 
 (I?) 
 
 vetb, have been called Robbers, and really were (05 for 
 whoever without a juft Caufe, invadeth his Neighbours 
 Rights, as they did, is a Robber ^ yet they were always 
 treated as juft Enemies, as were the Saracens by the Chri- 
 ftians. Nay, Grotius gives inftances of (cveral Nations, 
 who without any diftinftion exerci(ed Piracy, yet were 
 allowed the Rights of Enemies, becaufethey were a Peo- 
 ple : tat] turn difcrhmn ejl inter populunt, quafitumvis fcde* 
 ratunf^ ^Jnter eoSy qm cum populus tion fiint^ feeler is caufa, 
 coeunt. IfGentiiis by a Publick Cauft, means fome Nati- 
 onal Caufe, and that the War, to make it juft, muft not 
 be for private Cau(cs or by-Ends, but for the fake of the 
 People 5 zW'thzt h^yef(4WMtwt ifffperitim, what wny (bever 
 they get it, as it is their Duty to protedl thofc that are 
 under then, and make War with thofe that endeavour to 
 opprefs them, will have the fame Publick Caufes of making 
 War as any Kings whatever. As Arfaccs whom he mentions 
 to have a Publick Caufe, had non^ to withdraw his Obe- 
 dience from the Macedonians, who had been Co long time 
 Lawful Kings of Perjia 5 yet after he had made himfelf 
 Mafter of Per/?*/, might have a Publick Caufe, upon the ac- 
 count of that Nation, of making War. The fame may 
 be faid of all other Ufurpcrs. 
 
 As Robbers and Pirates become juft Enemies, when they 
 form themfelves into a Civil Society 3 fo a King that lofeth 
 his. Empire, and can no longer protcft People, or admi-^ 
 nifter Juftice, dwindles into a Robber or Pirate, if he 
 grants Commiflions to take the Goods or Ships of any 
 Nation ^ and they that accept Commiftion from him, are 
 prefumcd to affociatc Scekris caufa, and cannot be rcckon'd 
 as Members of a Civil Society 5 fince he by whofe Com- , 
 raiflion they ad, nor any other of their number, can ad- 
 minifter 'Juftice, or do any of thofc things that are cffen- 
 tial to a Civil Society : there is none anK)ngft them, let 
 • Da ' ' . - them 
 

 .^■ 
 
 j> i 
 
 thttn break the Laws oFNationsjOr any Other Laws to punifb 
 them 5 or let them be never fo injurious to other Nations,' 
 there is none to make Satisfaftion or do JuOice oh the Of^ 
 hnd^zx^ 5 and is there not all the reafoh in the World, that 
 ' ' Nations fliould do themfclves Juftice in puniftiing the Cri- 
 roinals according to their demerits > 
 
 Whoever pretends to the Dignity of being efteemed an 
 
 Enemy, niuft have a Power of making Peace and War 5 
 
 Uojies Jit fit y uH Scmpronius, qui nobis ant quihus ttos helium 
 
 ' dcccrnihius. So Ulpianui 5 Hojlet funt quihus helium puhlice 
 
 Populus Romwus decrevit vd ipji Pcpulo Romano^ c£tm la^ 
 
 trunculi vel pr^dones appellantur. And Qrotius faith upon 
 
 . quoting thefc Authorities lib. 3. cap. 3. Sub exemploPopuli 
 
 , KoMJui quemvis intelligi qui in civitate fummum Impirium 
 
 haheat : There is no Government declareth War againft a 
 
 private Perlbn, though he retains the Title of a publick 
 
 One 5 and it would be ridiculous for a private Perfon that 
 
 has no certain Habitation, but is in a manner a Vagabond, 
 
 to pretend to declare War, (incc he cannot do it for any 
 
 Nation, but only for himfclf. 
 
 The Englifti have neither Peace nor War with the late 
 King, and look on him as a private Perfon incapable of 
 • making cither 5 and to allow him now any of ihofe Rights 
 that belong to publick Perfons, would be in a manner 
 aftinginconfiftent with themfclves, and contradiftjng their 
 former Declarations, 
 
 Ashe that is reduced to a private Condition, has no 
 Right by the Law of Nations to be treated as an Enemy 5 
 (b on the contrary, whofoever has fitmntum ImperiuWy be- 
 caufe the general Good of Nations requires it, and con(e- 
 quently it is a part of the Law of Nation?, mufl: have 
 a Right to be treated as an Enemy 5 nay, it is the Intereft 
 of the adverfc Party, flagrante hel'o^ to treat even Rebels 
 1;,' It) j becaufe as they ufc them, fo they muft tapedt to be 
 
 ufed 
 
MM^ ... .>^ ■ .i..,i.M, . , « i rni ri W i n w M iw liil i i, i i | imkhm ii. mnn ii< naiiii ' < iii i nm ■ ' i i n ii » ihimtiiMilUtdmli^U 
 
 ufed thcmfelves. The Pretence of Right (as I have al- 
 ready faid) Avhere there is no Superior to judg between 
 the contending Parties, in whofe Determination both 
 - Sides will acquicfce, is 10 no purpofe. If one Side cal! the - 
 other's taking up Arms Rebellion, they on the other h.7nd ' • . 
 term it a ju ft War in defence of their Rights and P'.ivileges 3 
 and will be fure upon all Occafions to return like for like : 
 So that it is plain, it is the mutual Good of both Parties to . 
 treat one another as Enemies. So in the Civii Wars of r « - 
 England and of France^ and of the Romans, they treated 
 one another as Enemies. It is true, that in the Civil Wars . , ' 
 of the Romans, there was not as in foreign Wars, any u(c ^ j 
 of the PpjllJMwiumiy nor did they triumph after Vi^ory. ' 
 But thefc were Cuftoms proper to that State, and no part ; v 
 of the Law of Nations. In the beginning of the Civil .; 
 
 Wars m \\\Q LowCoHntrhs^ the haughty Spaniard at firft 
 ufed the Hollanders as Rebels, but he quickly was weary 
 of that Sport, and confcnted to a Chartcl. . . , 
 
 For the fame Rcafon, the prcfcnt Government, during 
 the War, treated their rebellious Subjefts in Ireland after 
 the fame manner : For as long as they had an Army in the ' . 
 Field, and were Mafteis of wrtified Towns, they were e- 
 fteemed and ufed as Enemies : But what Pretence can any 
 • of that Party have of being treated fb now ? 
 
 Would it not be very abfurd in the Tories, though they 
 plundrcd Paflenger5, and robbed Market-people by the 
 late King*8 CommiflTion, to expeft to be u(ed as Enemies ? 
 Is there any more Rcafon they (bould be more favourably 
 dealt v\ iih for robbing at Sea by his Commiffion, confi* 
 dering they have no Fleet, no Ports, nor Harbors > 
 
 But it may be ur^ed in behalfof thole that have the late - 
 Ring s Commidion, that they ought to be u(ed as Enemies, 
 becaufc if they are ufed otherwife, all that thcf take muft 
 fxpedt to be dealt with accordingly* . '. 
 

 .^^■.j^.^^^^,^^,.^ ^^.^^,^.,,^^^^.^,^,.^ ,»„.„,.■.,.>. ,. ,1, n,tr,— .»..— ».x».a— p.gpi.|-i. 
 
 ^Afifit. The (ame Argument will hold for all other Pirates 
 ^nd Robbers, who tnay ufe all that fall into their hands, as 
 they themfelves s.re ufedj and the Confcquence of granting 
 them fuch XI(age would be, that the Seas would quickly be 
 full of Pirates, and the Land of Robbers. If it were for 
 their Intereft, there's no doubt Pirates would (crve all 
 they-take fo 5 but they know if they did, they (hould not 
 only n\ifs of the Booty they might otherwife expe£i by 
 Peoples not being fo much on their guard, but that moft 
 effectual Means would be taken to extirpate them. 
 
 But if it (hould happen to be against the Publick Good 
 (of Avhich the Government is the Judg) to punifh them as 
 Pirates, there is no doubt but they ought to be dealt with ^.. > 
 more mildly 5 (b all other Criminals ought to be (pared, > 
 
 when it is againll the Publick Good to puni(h them. 
 
 Ohj, It may be faid, If a King is unjuftly depofcd, he has 
 dill a Right to his Kingdom, and con(equently to all that is . 
 
 in order to recover it. 
 
 Anfw, All Nations, except hii own, allowed him thefe 
 Privilcc;es and Rights upon no other account, but as aU 
 Bufinefi of Peace and War, and Commerce, that con- 
 cerned his Nation, was managed by him: what his Right 
 was to that Power, -That depended upon the Laws of his 
 Country, with which they v/ere.no way concerned 5 
 therefore when he loft that Power, he, with it loft all the 
 Right he had of claiming from them any Privileges above 
 other Perfons, and confequently his Pretence of Right 
 can be no Argument for them not to treat his Privateers 
 as Pirates. As for his own Nation, they have already ad- 
 judged he has no Right to command them, and have pla- 
 ced the Adminiftraticat)f their Affairs in other Hands : (b 
 that the Argument drawn from a pretended Right that is 
 tu)t cv^jned by the Nation that depofed him, can (ignjfy 
 
 nothing 
 
I nothing either to Foreigners, or to them who have ihei> 
 
 the fame Reafon, as all other Nations, to condemn as Pi- 
 rates all that adt by his Commiflion. 
 
 In fliort, let a Prince's Right be what it will, if the ut- 
 moft of his Power extends only to the giving CommilTions 
 to a'^few People, whom he can perfuade to fct out Veflcls at 
 their own Charge, to difturb the Trade of a Nation, which 
 can only tend to exafperate and vt x them 5 That cannot, 
 in common Underftanding, be reputed a juft Defigri to re- 
 cover his Kingdom, or to conquer his Enemies 5 but only 
 a Pretence to let thofe People that ad by his Commiflion, 
 inrich themfdves by cxercifing Piracy 5 which is fiich an 
 odious thing, that Nations cannot be too careful in pu- 
 niQiing whatever tends that way. Befides, the Laws of 
 Nations re fpcftthc general Good of Societies more than the 
 Right of any particular Perfon ^ who, to fpeak properly, 
 ^r can have no Right when it is inconfiftent with the Good 
 of the Society, becaule a particular ncufl: always give place 
 to a general Good 5 and the Intereft of a King, when he 
 has no longer the Management of the Affairs of any Na* ' 
 tion, is no more facred than that of any other private 
 Perfon, who by Nature is his equal : it was only the Office 
 which is facred, bccauft it is fo ncceffary for the Good of 
 Mankind, that made the Difference : which when he is no 
 longer poffeffed of, he is but upon the fame Level with 
 the refl: of Mankind 5 and then the Peace and Quiet, or 
 Trade and Commerce of a Nation ought not to be diftur- 
 bed more for. his, than any other particular Perfon's Inte- 
 reft. And People, who have a Right even to the Lives 
 of their Enemies, uie them, when the mutual Good of^o- 
 cietits do not forbid it, after the fame manner as they do 
 Pirates and Robbers^ and they u(e"all Spies, and thole 
 that privately attempt the Lives of their Enemies, what- 
 ever Right the Prince has that employs them^ as Pirates 5 
 
 die 
 
 *♦• 
 
 y 
 
■>■''. 'V 
 
 ■'■■ *■ 
 
 ■ .1 >'; 
 
 The Pretence of his ^ight who employs them, will be qo 
 manner of Plea to prevent their Execution : And the fame 
 Reafon, the Good of Societies, does more ftrongly require 
 
 . 'the putting thofe to Death that rob by thejCommillion of 
 any private Perfon whatever. 
 
 Befides thefe Reafons, whichl think are fufficient to prove 
 thtm who were taken adting by the late King's Commifli- 
 on, Pirates, there is another unanfwerable One, from the 
 Pcrfons who accepted the Commilfion : Who being their 
 Majefties Subjects, (and which the'Q^ieftion that was put 
 to the Civilians juftly fuppoftth) were morally incapable 
 to receive fuch a Commilfion 5 it was not in their Power * 
 to take a Comraifllon from any King whatever to invade, 
 in a hoftile manner, the Ships and Goods of their Fellow- ' 
 
 ; Subjefts. 
 
 The accepting the Commilfion was Treafbn, and no 
 CommiflTion whatever can authorize People to commit 
 . Treafon ^ (b that the Comnulfion was null and. void as 
 well upon Their account that received it, as His that gran- 
 ted it. 
 
 Thtfe Reafons, or at leaft What is moH: material in them, 
 
 the Heads of them (I will not pretend ihey were then as 
 
 fully and largely handled as they are here ftt down) were 
 
 . urged either by Dr. Littleton or my Self: He did not, up- 
 
 ^ on a QucQion where (b much could be faid, leave out, as 
 
 it were on purpofe, what was moft material, nor did not, 
 
 ' . as the (ham- Account reports, only fay. That the late King 
 
 had no right to grant Commiffions, becaufe he had no 
 
 Treafury or /Erariitw^ and becaufe there was no War be- 
 
 , tween him and England^ or fbmewhat to that cffcft : Nor 
 
 did I (as the Account will have it) without offering at any 
 
 Reafons my felfj afTent to what he faid, but not only then, 
 
 but (fince I am in a manner forced to fay fo much) when 
 
 I 
 
 mm 
 
t\4mi(mt^mMWir\— •■■'•'■•"■ —^' — ^^■■-- ■ -■ . , . .„>ii , mimmn im»>mHmmttmmmi0»mtik*immwumaymM 
 
 (ij) 
 
 I gave my Opinion in Writing, I marie ufe of what T' 
 thought moft material in thefe Arguments. 
 
 It is a great Sign of the VVeakneft of their Caufe, as well 
 as their Difingcnuity, that they dare not repeat the whole 
 Matter of Fadt 5 but only relate (b much of the other fide, 
 a« they think may (erve to give a better Glofs to what » 
 they, without any rcfpeft to Truth, have thought fit to 
 divulge : but they were under a kind of necefiity of Co 
 doing, (and which is the only Excufe the Matter is capa- 
 ble of) fince they had no other way of making what they 
 pretend was (aid by them appear tolerable, but by repre- 
 (enting what was faid by thofe of the contrary Side (if it 
 were pofiible) more abfurd : And it is no wonder where 
 People have neither Law nor Realbn on their fide, that 
 they have recourle to Lies and Calumnies, the ufual Arts^ 
 of that Party, and the only Props they have to fiipport 
 their fo often baffled Caufe. . , 
 
 But to return 5 The Occafion of (ending for the Civi- 
 lians, after fome of >thera that were confulted had given 
 their Opinions in Writing, was, as the Lords told Sir T, P. 
 and Dr. 01, (who had declared that they were not Pii 
 rates, without offering to (hew jhe leaft Reafbn why 
 they were of that Mind) to hear what Reafbn they had 
 to offer for their Opinion. 
 
 Then Sir T. P. faid. It was impoffible they (hould be Pi-< 
 rates, for a Pirate was hojli/ htimani generis^ but they were 
 not Enemies to all Mankind, therefore thjy could not be 
 Pirates .• Upon which all froiled, and one of the Lords 
 asked him, Whether there ever was any fuch thing as a 
 Pirate, if none could be a Pirate but he that was a^ually 
 in War with all Mankind : To which he did not reply, 
 but only repeated what he had (aid before. Hofth bumnni 
 gtneiis^ IS neither a Definition, or as much as a Delcrip 
 ^ E " tioD 
 
J 
 
 tton.of a Pirat, but r Rhetorical Inveftii^c to Oaew. the" 
 K', Odioufneis pf that Crime. As a Man, who, tho he re* 
 "' drives Protcftion from a Government, and has Tworn to 
 be true to it| yet a6b$ againft it as much as he dares, may 
 be (aid to be an Eijcaiy to all Governments, becaufe he i 
 . dcftroyeib, as far as in him lieth, all Goverment and all. 
 ': Order, by breaking all thole Tics and Bonds that unite 
 ' People in a Civil Society under any Government: So a^ 
 ' u Man that breaks the common Rules of Honefty and- 
 '- Juftice, which are effential to the well-being of Mankind, 
 ■■■■;- by robbing but one Nation, may juftly be termed hojih 
 .'/ bfwani geuirh '^ and that Nation has the fame right to pu-( 
 Di(h him, as if he had aftually robbed all Nations. 
 
 // Dodor 01. (aid, that the late King, being once a King,, 
 
 / ' bad by the Laws of Nations a Right to grant CommilEk 
 I'': ons5 and that though he had loft his Kingdoms, he ftill 
 ;, retained a right to the Privileges that belong to Sovereign 
 *J Prkices, It was asked him by one of the Lords, whether 
 J; be could produce an Author of any Credit, that did af^ 
 
 firm, that he that had no Kingdom, nor right to any, could 
 
 grant Commiflions, or had a right to any of thofe Privi- 
 
 ^ • kgesj that belong to Sovereign Prioccs? and that no 
 
 ; " King would fuffi^r thofe Privileges to oe paid to Cbriftina^ 
 
 when (he ceafcd to be Queen of Svpeedlattd^ and that it was 
 / :, the judgment of all the Lawyers, that ever mentioned that. 
 
 Pointjthat (he hid no right to them 3 and he did hope, that 
 * thole that had fworn to Their prefent Majeftics, did not 
 
 believe the late King had ftill a right ; and that that Point 
 
 waB already determined, aqd would not be fuffered to 
 ."^^ . be debated there. To which he anfwered, that King jf*i/wei 
 
 was allowed very lately the Right* of a King,, and that 
 ^ thofe that aded by his CommilTion in Jreland were treated 
 
 as.linemits,, and Peorlc tliat followed his. Fortune, might 
 'i'. . Ctill 
 
(»7) 
 
 ftill fuppofe he had a right, which was enough to cxcnCc 
 ihem from being guilty of Piracy. 
 
 One of the Lords then demanded of him, if any of 
 Their Majeftics SubjcGs, by virtue of a Commtfllon from 
 the late Ring iliould by force (eize the Goods of their 
 Fellow- Subjvfts by Land, whether that would excufe them 
 from being guilty at lead of Robbery ? If it would not from 
 Robbery, why (hould it more excufe them from Piracy > 
 To which he made no Reply. Then the Lords asked Sir 
 T. P. and him, whether it were not Trealbn in TheirvMa- 
 jefties Subjcds, to accept a Commiflion from the late King 
 to aft in a hoftile manner againft their own Nation } which 
 they both owned it w^s, ( and Sir T, P. has fincc, as I . 
 am informed, given it under his Hand, .that they arc Trai- 
 tors.) The Lords further asked them, If the (eizing the 
 Ships and Goods of Their Majefties Subjefts were Treafbn, 
 why they would not allow it to be Piracy? became Piracy, 
 • was nothing el(e but feizing of Ships and Goods by no 
 CommiCfion ^ or what was all one, by a void or null one, 
 ' and faid that there could be no Commidion to commit 
 Treafon, but what muft be fo: To which they had no- 
 thing to reply, only Dr. OL ( not by way of Anlwer to 
 one of the Lords, who, as the Jacobiti(h Account fup- 
 poleth, madeuteof it as an Inftance for the other fide) 
 pretended to quote a Precedent, which he faid came up 
 to the prefentCafe, about Antonio King of Portugal^ who 
 (as he faid) after he had loft his Kingdom, gave Cora- 
 miflions to Privateers to feize upon all Spanifh VefTels, • 
 whom, as the Spaniards met with, they, hanged as Pirates 5 • 
 (fo far his Precedent is againft him) but an Author with- 
 out naming him, was of Opinion, as he faid, that if JfftO' 
 mo had ever been a rightful King, that then the Spaniards 
 ought not to have treated thole, that aded by his Com* 
 
 xn^oDj'^Piratei.' This was all that.vhi^faid' by the 
 
 : 'J -• i ,y, ■-!■ ^■^\ : u j ; i ui y^i: ; a ■^]g . *j 1 , •; lii , ; :i bna o j i . ■ , Qo&or 
 
 ti-?rl • . .' ■ 
 
 •: '■'• i . 
 
 ^PPPIPW 
 
\ 
 
 bcifltdrin^' behalf of the late King's 'Privateers' 5 upon 
 
 ivhicb I mnd beg leave to make a few Reflexions. As to' 
 
 thole Privileges which were allowed the late King in Ire- 
 
 /ii7^, they were not allowed him upon the account of siny 
 
 Wght, nor was it an owning that he had any Right to 
 
 that Kingdom, but barely as he was in Poflcflion 5 for 
 
 then he had RcMpMcam^ Curum^ 8cc. and . confequently 
 
 a Right to be treated as an Enemy 5 and not only he, 
 
 ^^ but whoever had been in PofTcfTion would have had a 
 
 riglit to have been ufed after the fame manner, and is 
 
 • , no more than what is pradlifed in all Civil Wars, where 
 
 therearejuft Forces on either fide/ Thefe Privileges being 
 
 ^ • ^ allowed him when he was a publick Perfbn, and in poffefli- 
 
 *,;';; ; on of a Kingdom, could be no juft reafon to induce 
 
 '-'.'■'[%'■ any to imagine that they would be permitted him when | 
 
 ' he was reduced to a private Condition $ much left is it 
 
 ■^ fuch a Prefumption as is fufficient to ckcufe-flicm, who 
 
 afted by his Commiflion, from fufFering as Pirates. The . i 
 
 very taking a Gommiflion from him, after he was reduced " \\ 
 
 to a private Condition, to aft againft their own Nation, ! 
 
 was a Demonftration *hat the Government was no longer l 
 
 i: : ; in his, but other Hands, who could not reafbnably be ) 
 
 prefumed would allow that he had ftill any Right, or that 
 they that afted by his CommifTion fhould be dealt with 
 - ' :- as if hb f^ill had a Rights but that they (hould be ufed .;^ 
 
 as if they afted by no Commiffion, or what is all one, ''n ! 
 
 , ' ' a null or invalid one. Their pretending to believe he < 
 
 f has ftill a Right, is no more an excufc in the Ga(e of 
 
 *-' Piracy, than of Treafon, whjch every Traitor may pre- J 
 
 tend to. 
 
 •,. As to the Sioty otAntenioy theDoftor is (to fuppofe 
 
 j no worfe^ abominably miftaken in the very Foundation J 
 
 > .♦ for they tnat fuffered by the Spaniards as Pifates, were 
 
 French, who had not their CommifHcns from Antonio^ but 
 
 ^. r' v fi-oni 
 
from their own King, as Mcriofs Gentilh^ who mentions 
 this Story, Lib, i. cap, 4. faith, At ipjh HiJlorU vtpfcat tot 
 mn fuijfc PirataSy per litcras quas Regis fit oficttdcbant^ cut 
 Regi ferviehanty mn Antonio^ etjl mjxtMe pro Antomo^ quod 
 illos ttontartgebaU And Co^efiaggius, who is the Hiftorian- 
 he refer* to, and who has given an excellent Account of 
 that War, (aith it was the Royal Navy of France (which 
 is very improbable did aft by any Authority but that of 
 the French King*$) (et out, as he words^it, Regiis fib 
 Aufpiciisy with which the Spanifh Fleet engaged, and had 
 the good fortune, after a long and bloody Fight, to rout 
 it, and took above fi\t hundred Prifoners, of which 
 almoft the fifth part were Perfbns of Quality, whom the 
 Spaniih Admiral was refolved to facrifice as Pirates, becaufe ' 
 the French King, without declaring War, had (ent them to 
 • the Afliftance of Antonio: Againft which Proceedings the 
 Officers of the Spanifh Fleet murmured, and rcprefented- 
 to their Admiral, that they were not Pirats, becaufe they 
 had the French King's Gommiflion 5 but That they chiefly 
 infifted on, was the ill Confequence it would be to them--, 
 felves, who, if they fell into the hands of the French, muft 
 expeft the fame Ufage. As to the French Kings affifting-. 
 Antonio without declaring War, they fuppofcd, that before 
 the Sea Fight, the two Crowns might be (aid to be in jtr 
 State of Wary by reafbn of frequent Engagements they ^ 
 had in the Low-Countries. This is the Account Cone^ag* 
 gins gives of it, which, how little it is to thepurpofe the 
 Doftor quoted it for, isfovifible, that there is no need of 
 any words to (hew it. But granting (as the Doftor fup- 
 pofeth) that i4«^f?«w never had any Right, or at leaft, the- 
 Spaniards would never allow he had any, yet it is evident 
 from the Hiflorian, that they allowed him, during PofTedi-* 
 on, the(ame Privileges asthe late King had during the War^ 
 ^in/i^AMr«f.v Andif.the Spaniard, by the Law of Nation?,. 
 * ' after. 
 
 \ 
 
 i lipn i 
 
.after ^f^onh waf driven from his Kingdpm, might treat ' |9 
 
 ■ ; thofe that afted by his Coromifllon ai^Pirates, why may not w 
 
 :ihe Englilla deal after the fame manner with thole that aft . 1 
 
 ^ ' "by the late Kings Commiflion, fince they look on him to 
 . be in the fame Condition as the Spaniards did on Antonio^ 
 
 ^^^ without a Kingdom, or Right to one? What difference ^ 
 
 .• ' can That make, that one had never a Right, and the o- 
 V |: ther, though he had once a Right, has loft it ? 
 ' ; Thefe two Civilians, I believe, are the only Perfbns prc^ . 
 
 ; ' tending to be Lawyers, that are of Opinion, that a King 
 without a Kingdom, or Right to one, has by the Law of 
 . •;/ .Nations a Right to grant Commiflioners to Privateers, e- 
 ' V- fpecially if they are Subjects (as they have acknowledged 
 rf ;■ >0 ^o '^^f King, againft whom, they by their Commiflions 
 J5^ .arc to aft. Upon what account can (uch a Perfbn claim 
 •■,. thcfe Privileges ? or for what Reafon (hould Mankind pay . 
 
 ^ \[ them to him, more than to other private Perfons? Are > '. ' 
 "• . thefe Privileges like the Charms, or indelible Gharaftcrs, • -- 
 
 the Papifts fay, arc infcparable from the Perfbns of their 
 Priefts } which, whatever it be in Ecclefjaf\icals, is no 
 fmall Bigotry and Phanaticifm in Civil Affairs. And it b 
 ' the height of Folly, Madnefs and Supcrftition, to believe 
 ^ * that the People, who have entrufted fbme one ainongft 
 ;;' ' them with Power for no other end but for protefting -v. 
 : ' / them, can upon no account whatever refume it, ^ 
 
 '; To fpeak fumewhat againft this Notion, cannot be un- -* 
 
 feafbnable or impertinent, becaufe it is not only the Foun- 
 dation of thtfe falfe Notions which I endeavour to confute, 
 • ' but of almoft all others that concern the Rights of Sove- 
 ; raigns. "" v 
 
 * The only innate Principle in Man istofeek his own 
 
 >' Happinefi, and confequently it is his Duty to purfue it ^ 
 i •' otherwife God would not have imprinted it Co deeply on 
 his Mind, thai it is impoHible for him not to defirc it ; and 
 
 'i-&y'--: ■ • ' ' ' ' ■ '• It • 'v::..-' 
 
 . .i 
 
it is the Source of all his A6tions, and the Foundation of " 
 his Duty to God and to Man 5 there being no Reafon why 
 a Man Ihouldbc obliged to do any thing;, that no way 
 promotes his Happinefi 5 which, as to this Life, confidcring 
 his Weaknefii and Infirmities, he is not able to procure, 
 without the Aid and Affiftance ofyjthers ^ which, as the r/' 
 only way to obtain, he ought ^ be as ready to affid: 
 them, and do by them as he^xpc(^s they (hould do. 
 by him: and, as it is evident, the Duty Men owe to one^ -. 
 another, tends to the Happinefs of each individual Perfon, . ' 
 fo the negleft of it would be to the Lofs and Detriment 
 of each particular ; and the more any one is obliged, 
 the more zealous he ought to be to make futable Returns 5 
 becaufe there is no Venue that more encourageth People 
 to do Good to one another, and confequently is more be- 
 neBcial to Man, than Gratitude. And this i« the Reaibn 
 of the Duty that Children, for the fake of their Being and 
 Education, owe to their Parents. The Relation between 
 Parents and Children, is called a Natural Relation, be- 
 caufe it does not come by Compact and Agreement, as all 
 others do, which Men enter into for their own fakes 5 and 
 where-ever they oblige themfelves to ferve others, either 
 by the Labour of the Mind or Body, it is for fome futable 
 Return : ahd in all Relations of Life, there are reciprocal 
 Duties 5 for the fake of which alone, Men entrcd into 
 them, and conltquently defigned to oblige themfelves no 
 longer to them, than they receive thefe Returns. It is re- 
 pugnant to that natural Equality that is among(^ Men, 
 that all fhould be due of one Side and nothing of the o- 
 ther: In all Relations the Duties are conditional, and caa> 
 oblige no longer than they are performed on both ndes 5 
 becauCe each Party would not have bound himfelf but 
 for the fake of the Return. Where Numbers enter iatc 
 any Relation with a fingle Per(bn^; as* when. they engage 
 
 . . .. ' tQ» 
 
 •mmt 
 
Il*) 
 
 9 i\ 
 
 .-/ 
 
 *•*■ 
 
 to pay Um Obedience, there it if moft evident that they 
 would never part with their Liberties, and give to a fin- 
 gIc Perfon fo great Power over them, but fur the fake of 
 lome futable Return 5 which can be no other than the 
 Protection they receive by Government, which was the 
 fole. Motive, Reafon apd^i^r :fign of their becoming Sub- 
 )c&s 5 nor can they be Wfomed to intend any thJng but 
 their common Good, nof to pay Obedience upon any o- 
 ther Terms or Conditions, but for the Proteftic^n they 
 are vto receive: nay, had it been poffible for Mcnhto de- 
 iign it, ihcy were morally incapable of binding themfelves 
 contrary to their Common Good and Profperity. Though 
 Proteftion cannot be had without Obedience, yet Obe- 
 dience is only the Means, and in order to Protedlion § 
 which is the End for which alone Obedience is due ^ and 
 where that End cannot be had, all Ties are abfolutdy 
 broken. And this has been the Sen(e and Practice of 
 Mankind, who have always fubmitted to new Governors 
 when their old Ones became uncapable to proteft them : 
 But the Reafon is much ftronger, when inftead of pro- 
 teding, they defign to opprefs and ruin them 5 then their 
 own Good, which at firfl: was the folc Reafon of their 
 Obedience, does as much oblige them to bppofe them, as » 
 ever it did to fubmit to them. 
 
 The Doftrine of Abfolute Obedience is inconfiftent with ^^.^^im**^* 
 the Goodnefs of God, and the Love he has for Man 5 and "* ^ 
 ' is deftruftive of the End, Intent and Defign of God's Laws, 
 which is Man's Happinefi. For God, who is infinitely happy 
 in himfclfj could have no other Motive but Mans Happi- 
 Qc(s in thole Rules he has given him to walk by 3 and for . 
 that Reafon has made it a Duty in him to help the Poor 
 and Mifcrable, relieve the OpprcfTed and DiQrefled, and do 
 all manner of Kindncfles and good Offices to one another. ^ 
 Can it then be jrcfumed, tha^ he required Obedience to « 
 
 Arbitrary 
 
 . 
 
 / 
 
 .•'■ • f 
 
 ?'•.*• 
 
Arbitrary Power, which brings Poverty, Mifcry and Dcfbla- 
 tion on a Nation. If it be Duty to relieve the Poor and Op- 
 prefTcd, it muft as much Co, to hinder People from falling 
 into that roiferablc Condition, which they cannot prevent : 
 except they have a Right to oppole Arbitrary Power. And 
 if it be a Duty to promote the PublickGood, which they can- 
 not do if they are obliged to fubmit to Arbitrary Govern- ^ 
 iijent, it muft be their Duty to oppofe it. 
 
 In (horr, there is no Duty that a Man owes to his Neigh-> 
 hour, or hirafelf, but does oblige him to oppofe Arbitrary 
 Government 5 and fo docs that Honour and Duty which Man 
 owes to his Maker, which cannot more be (hown, than in 
 imitating him, by promoting the Good and Happinefs of his 
 Fellow-Creatures : He that does not love bis Brother whom he ' 
 has Jeefff cannot love God vphont he has not feen^ But the en* 
 dea vouring to enflavc his Brother, is no Argument of any 
 j;icat Love he bears him. Abfblute Obedience tends to the 
 Dishonour of God, as it naturally tends to introduce groft 
 Ignorance and SuperOiiion, which perhaps is the chief Kea- 
 fon that fome Men (b highly promote it, becaufe then they 
 may be the better able to impolc what ftlfifh Do^rincs they > 
 pleafe, and tyrannize over the Confciences of their Brethren. 
 
 The promoting Absolute Obedience, is a much greater 
 Crime than the encouraging any Rebellion whatever j becaufe 
 a Civil War, though during the time it lafts is very (harp, yet 
 it cannot, efpecially in a Country where there are no fortified 
 Places, continue long, anJ a Nation may flourilh and be hap- 
 py again. But if once Arbitrary Government be introduced 
 upon the Principles of Paflive Obedience, Peoples Mifcries - 
 are endlcfs, there is no profped or hopes of Rcdrcfs : Every 
 Age will add new Opprefiions, and new Burdens to a People 
 already cxhaufted. If he, by God's Command, was io be cur- 
 fcd that removed his Neighbours Land-mark, what Curfes 
 mufc they deferve that make it their Euiinels to remove all ' 
 
 F the 
 
♦^ 
 
 tbc Bounces, Fences* and Securities that People have, not only - 
 
 for their Lands, but their Liberties and Lives, and proftrate 
 
 them at the Feet of a (Ingle Perfon ? If it be fo great a Crime, that 
 
 .* upon no account, as they pretend, it is lawful to change the 
 
 ' , Perfon that has the Executive Power, how much greater muft 
 
 ■ their Crimes be that deftroy the Conftitution, and fubvert the 
 
 ' ^■*' whole Cover nment.and fet up a new one that is infinitely worfe } 
 
 ;^»v-^ This I think is fufficicnt to Ihow that the People have a 
 
 ■ • Right, efpecially in a limited Government, where they are 
 
 ;' " Subjedls no farther than the Laws require, to defend their 
 
 { Liberties and Privileges 5 and that a King by endeavouring 
 
 it; to ru'nand euflave them, has loft all the Ties he had to their 
 
 V;- f Obedience, and has no longer a Right to command them 5 and 
 
 * ■ ,! they maythen place the Adminiftration of their Affairs in other - / 
 J ' ? Hands 3 which when they have done, what realbn have they >• 
 
 to allow him, that defigned to ruin and enQave them, greater 
 ' Privileges than any other private Perfon. who never intended 
 * . them any Milchiet ? Or what reafon have other Nations to al- 
 low him thofc Privileges, which they cannot witfiout Injury " ^ Jj 
 to themfclves, p3y toan} butthofe that haveT^w/vw/w/Iw/e- ^ 
 
 rinm. 
 
 But to return j Dr. Waller and Dr. Nut on ^ who alfaattended, - f^ - 
 did not declare their Opinions : Dr. fK excufed himfel^ that '^ 
 
 * he had nottimetoconfiderthcQueftions and Dr. N (aid it was 
 ^ againfl his Confcience, or words to that effeft, to have a Hand 
 
 in Blood. I fuppofe with this tacit Referve, except it were in 
 hopss of being Advocate of the Admiralty, whofe Buflnefs it is ^ 
 (if profccuting Pirates and Malefaftors may be called fo) to 
 have a Hand in Blood. 
 
 But to conclude 5 I hope I have fufBciently proved what I 
 defigned, and have not Only anfwcred all the Objeftions that 
 . were then made, but have obviated whatever can reafonably 
 be urged to the contrary. 
 
 FINIS. 
 
 yyw^ft^- r^>r*^^-rnw> ii - ^r f Wjipf> f ,^, i 'iU ] i j i^m n ttmn % mm mmmmmmm 
 
 '4-'i 
 
 «ri 
 
-i/ 
 
 & 
 
 )} 
 
 ■\ ;/ 
 
o») 
 
 
 to pay Mm Obedience, there it is moll evident that they 
 would never part with their Liberties, and give to a Gn» 
 gle Perfon fo great Power over them, but fur the fake of 
 lome futable Return ^ which can be no other than the 
 P:oteftion they receive by Government, which was the 
 fole. Motive, Realbn and^?<:fignof their becoming Sub- 
 jects 5 nor can they be \^uraed to intend any thing but 
 their common Good, not to pay Obedience upon any o- 
 fher Terms or Conditions, but for the Proteftic^n they ' 
 arevto receive: nay, had it been poflible for Mcrtto de- 
 lign it, they were morally incapable of binding themfelves 
 contrary to their Common Good and Profpcrity. Though 
 Pfoteftion cannot be had without Obedience, yet Obe- 
 dience is only the Means, and in order to l^roteftion i 
 which is the End for which alone Obedience is due ^ and 
 where that End cannot be had, all Ties are abfolutcly 
 broken. And this has been the Senfe and Practice of ' > ' 
 
 Mankind, who have always fubmitted to new Governors 
 when their old Ones became uncapable to proteft them : 
 But the ReaTon is much ftronger, when inftead of pro- 
 tecting, they defign to opprefs and ruin them 5 then their 
 own Good, which at firft was the fole Reafon of their 
 Obedience, does as much oblige them tobppofe them, as 
 ever it did to fubmit to them. 
 
 The Doftrine of Abfolute Obedience is inconfiftent with 
 the Goodnefs of God, and the Love he has for Man 5 and 
 is deftruftive of the End, Intent and Defign of Gods Laws, 
 which is Man's Happinefs. For God, who is infinitely happy 
 inhimfclfj could have no other Motive but Mans Happi- 
 nels in thofe Rules he has given him to walk by ^ and for 
 that Reafon has made it a Duty in him to help the Poor 
 and Miftrable, relieve the OpprefTed and Diftrtfled, and do 
 all manner of Kindncffes and good Offices to one another. 
 Can it then be p^e^umed,tha^ he required Obedience to 
 
 Arbitrary 
 
 WPiflWJWIf IRiP'*'*^ ^ 
 
 j.,i -, .1.1 ii.inq[jr~~7'i — : ~'~~"~"^^"''^''^*'^****'*^'^*I 
 
■mMI 
 
 4 
 
 Mr 
 
 Arbitrary Power, which brings Poverty, Ivlifcry and Defola- 
 tion on a Nation. If it be Duty to relieve the Poor and Oi 
 preflTcd, it muft as much fo, to hinder 'cople from faljing 
 into that roiferablc Condition, which r* cy cannot pfdvent 
 except they have a Right to oppofe A*.oitrary PowprC And 
 if it be a Duty to promote the Publick.Good,whicJi they can- 
 not do if they are obliged to fubmit to Arbit|»wy Govern- 
 inent, it muft be their Duty to oppofc it. 
 
 In ftiorr, there is no Duty that a Manjp^cs to his Neigh-, 
 bour, or himfelf, but does oblige him t6 oppofe Arbitrary 
 Government 5 and fo does that Honour^nd Duty which Mau 
 owes to his Maker, which cannot n^e be (hown, than in: 
 imitating him, by promoting thejSood and Happinels of his 
 Fellow-Creatures : He that aoei4tot love his Brother whom he 
 has fieti^ cannot love God whom he has not fien^ But the en- 
 deavouring to enflavc his, Brother, is no Argument of any 
 5;icat Love he bears hinK Absolute Obedience tends to the 
 Diftionour of God, as/it naturally tends to introduce groft 
 Ignorance and Supefftition, which perhaps is the chief Kea- 
 fon that fome Men fo highly promote it, becaufe then they 
 may be the bett^ able to impofc what ftlfifh Do6lrincs they 
 pleafe, and tyranfhize over the Confciences of their Brethren. 
 
 The promoting Abfolute Obedience, is a much greater - 
 Crime than the encouraging any Rebellion whatever j bccaule 
 a Civil War, though during the time it lafti^ is very (harp, yet 
 It cannot, efpecially in a Country where there are no fortified 
 Places, continue long, and a Nation may Hourilh and be hap- 
 py again. But if once Arbitrary Government be introduced 
 upon the Principles of Paflivc Obedience, Peoples Miferlcs 
 are endlcfs, there is no profptdt or hopes of Ticdrefs : Every 
 Age will add newOppreflions, and new Burdens to a People 
 already cxhaufted. If he, by God*s Command, was to be cur- 
 fcd that removed his Neighbours Land- mark, what Curfes > 
 mufc they deferve that .make it their Bufinels to remove air 
 
 F the 
 
■T-t T'"» " 1 ' 
 
 -J 
 
 •i: 
 
 to*j»ybim Obedience, there it is moil evident that they 
 ' would never part with their Liberties, and give to a (in" 
 gle Pcrfon (b great Power over them, but for the fake of 
 lome futable Return s which can be no other than the 
 ProtedVion tl.cy receive by Government, which was the • 
 foleMotive, Rea(bnai\d4^r:fign of their becoming Sub- 
 ^ J • je£ts5 nor can they be loomed to intend any thing but 
 jl; 'v : their common Good, no5 to pay Obedience upon any o- 
 ther Terras or Conditions^ but for the Prottfti(^n they 
 arevto receive: nay, had it been poflible fbrMcn^to de- 
 fign it, they were morally incapable of binding themfelves 
 contrary to their Common Good and Profperity. Though 
 Pfoteftion cannot be had without Obedience, yet Obe- 
 dience is only the Means, and in order to trotediion 5 
 ] 'i which is the End for which alone Obedience is due s and 
 , • where that End cannot be had, all Ties are abfolutdy 
 ' broken. And this has been the Scnft and Prartice of 
 Mankind, who have always fubmitied to new Governors 
 when their old Ones became uncapable to proteft them ; 
 But the ReaTon is much ftronger, when inftead of pro- 
 teding, they defign to opprefs and ruin ihem , then their 
 ' ' own Good, which at firft was the fole Reafon of their 
 Obedience, does as much oblige them to bppofe them, as 
 ' ever it did to fubmit to them. 
 
 The Dodrine of Abfolute Obedience is inconfiftent with 
 
 ; ^ the Goodnefs of God, and the Love he has for Man 5 and 
 
 ' is deftvudlive of the End, Intent and Defign of God s Laws, 
 
 which is Man's Happineli. For God, who is infinitely happy 
 
 ? ♦ inhimfclfj could have no other Motive but Mans Happi- 
 
 ne(s in thole Rules he has given him to walk by 3 and for 
 
 that Reafon has made it a Duty in him to help the Poor 
 
 and Mifcrable, relieve the Opprcfled and Diftrtfled, and do 
 
 ^, : ',* all manner of Kindncfles and good Offices to one another. 
 
 ■ »ii. Can it then be pre(umed, tha^ lie required Obedience to 
 
 ;»^; Arbitrary 
 
■i- > 
 
 Arbitrary Power, which brings Poverty, Mifcry and Defbla- 
 lion on a Nation. If it be Duty to relieve the Poor and Op-v 
 preflfcd, it muft as much fo, to hinder People from falliog 
 into that roiferable Condition, which they cannot prev'ent 
 except they have a Right to oppofe Arbitrary Power/ And 
 if it be a Duty to promote the PublickCood, which tlicy can- 
 not do if they are obliged to fubrait to Arbitrary Govern- 
 njent, it muft be their Duty to oppofe it. / 
 
 In fhorr, there is no Duty that a Mano^j^stohisNeigh-v 
 bour, or himfelf, but does oblige him to .-bppofe Arbitrary 
 Government 5 and fo does that Honour a^ Duty which Man 
 owes to his Maker, which cannot moryoe (hown, than in 
 imitating him, by promoting the Gqiew and Happinels of his 
 Fellow-Creatures : He that does noylove his Brother whom he 
 has fietty cannot love God vehofH by has not feen. But the en- 
 deavouring to enflave his Brpdier, is no Argument of any 
 5;icat Love he bears him. Abfblute Obedience tends to the 
 Difhonour of God, as it iwturally tends to introduce groft 
 Ignorance and Superftiijon, which perhaps is the chief Rea- 
 fon that fbme Men fo highly promote it, bccaufe then they 
 may be the better al^k to impofc what ftlfifh Do^rincs they 
 pleafe, and tyrannize over the Conlciences of their Brethren. 
 
 The promoting Abfolute Obedience, is a much greater 
 Crime than the encouraging any Rebellion whatever s, becaule 
 a Civil War, though during the time it lafts is very (harp, yet 
 it cannot, efpecially ina Country where there are no fortified 
 Places, continue long, and a Nation may flourifh and be hap- 
 py again. But if once Arbitrary Government be introduced 
 upon the Principles of Paflive Obedience, Peoples Miferies 
 are endlcfs, there is no profped or hopes of Pvcdrefs ; Every 
 Age will add newOppreflions, and new Burdens to a People 
 already exhau(ted. If he, by God's Command, was to be cur- 
 fed that removed his Neighbours Land-mark, what Curfes 
 mufc they deferve that, make it their Bu(ine(s to remove all 
 
 F the 
 
 mmmmmam 
 
 mmm 
 
 MujfimMmmw*-" 
 
 iflPiWPpsWWi"^*'?'?''*''*'*!^^ 
 
I 
 
 X .1 
 
 (3») 
 
 •x'M 
 
 'to pay him Obedience, there it is md(V evident that they 
 
 .;?: , ' would never part with their Liberties, and give to a (in* 
 
 ; : cle Perfon fo great Power over them, but for the fake of 
 
 lome futable Return 5 which can be no other than the 
 
 Proteftion they receive by Government, which was the 
 
 ^/ fole. Motive, Reafon and^^<:fign of their becoming Siib- 
 
 . jefl^sj nor can they be j*<i(?anied to intend any thing but 
 
 • their common Good, not to pay Obedience upon any o- 
 ^ ther Terms or Conditions, but for the Protedic^n they ' 
 
 arevto receive : nay, had it been poflible for Mcrtto de- 
 ■:\- iign it, ihcy were morally incapable of binding themfelves 
 
 • ;*^^, contrary to iheir Common Good and Profperity. Though 
 Vv Pfoteftion cannot be had without Obedience, yet Obe- 
 ?•;.;;; dience is only the Means, and in order to Proteftion ^ 
 
 which is the End for which aloue Obedience is due ^ and 
 where that End cannot be had, all Ties are abfolutdy 
 broken. And this has been the Scn(e and Pradtice of 
 Mankind, wiio have always fubmitted to new Governors 
 when their old Ones became uncapable to proteft them : 
 But the ReaYon is much ftronger, when in (lead of pro- 
 tedfing, they defign to opprefs and ruin them , then their 
 own Good, which at firft was the fole Reafon of their 
 Obedience, does asmuchobligethem tooppofe them, as 
 ever it did to fubmit to them. 
 
 The Doctrine of Abfolute Obedience is inconfiftent with 
 the Goodne(s of God, and the Love he has for Man 3 and 
 is dcftiudi*reofthe End, Intent and Defign of Gods Laws, 
 which is Man's Happinefs. For God, who is infinitely happy 
 in hirafelfj could have no other Motive but Man's Happi* 
 nels in thole Rules he has given him to walk by 5 and for 
 that Reafch has made it a Duty in him to help the Poor 
 and Miserable, relieve the Oppreffed and Diftrcfled, and do 
 all manner of Kind ncfles and good Offices to one another. 
 Can it then be frefumed, that he required Obedience to 
 
 Arbitrary 
 
 .^ 
 
 
 ■ mM i i Mii i i r ii i i i ),j|Wi»»i»^»qwiiWWW^WiWi^lP*wwwwpW^ 
 
(JJ) .. 
 
 Arbitrary Power, which brings Poverty. Mifcry and Defbla- 
 lion on a Nation. If it be Duty to relieve the Poor and Op- 
 preflTcd, it muft as much fo, to hinder People from fallin 
 into that roiferable Condition, which they cannot prev^t 
 except they have a Plight to oppole Arbitrary Power. /And 
 if it be a Duty to promote the Publick Good, which th^ can- 
 not do if thty are obliged to fubmit to Arbitrary^overn- 
 inent, it muft be their Duty to oppofe it. 
 
 In fliorf, there is no Duty that a Man oweiAo his Neigh- 
 bour, or himlelf, but does oblige him to je^pole Arbitrary 
 Government 5 and fo does that Honour ajjd Duty which Man 
 owes to his Maker, which cannot more/ be (hown, than in 
 imitating him, by promoting the Goc^ and Happinefs of his 
 Fdlovz-Crcatures : He that does no/ love his Brother whom he 
 has Jee/ff cannot love God vnhorH he has not feen. But the en- 
 deavouring to enflave his Bcdther, is no Argument of any 
 5;icat Love he bears him. /Abfblute Obedience tends to the 
 Difhonour of God, as it/naturally tends to introduce groft 
 Ignorance and Super(Unon, which perhaps is the chief Rea- 
 fon that fbme Men fo highly promote it, bccaufe then they 
 may be the better able to impofc what ftlfini Doctrines they 
 pleafe, and tyrannize over the Confciences of their Brethren. 
 
 The promoting Ablblute Obedience, is a much greater 
 Crime than the/ncouraging any Rebellion whatever 5 becaule 
 a Civil War, /hough during the lime it lafts is very (harp, yet 
 it cannot, specially in a Country where there are no fortified 
 Places, cwuinue long, and a Nation may flouri(h and be hap- 
 py again/ But if once Arbitrary Government be introduced 
 upon the Principles of Paflive Obedience, Peoples Miseries • 
 are endlcfs, there is no profpe£t or hopes of Rcdrefs ; Every 
 Agc^ill add ncwOpprtfiions, and new Burdens to a People 
 already exhaufted. If he, by God*s Command, was to be cur- 
 fed that removed his Neighbour's Land-mark, what Curfes 
 mufc they deferve that .make it their Budnels to remove all 
 
 F the 
 
 wmmmmryr^yi^ 
 
I 
 
 ;»-> 
 
 ■ t w 
 
 >1 
 
 to pay him Obedience, there it is mofl: evident that they 
 would never part with their Liberties, and give to a (in* 
 gk Pcrfon fo great Power over them, but f«r the fake of 
 lome futable Return 5 which can be no other than the 
 Protedtion they receive by Government, which was the 
 fole. Motive, Reafbn aidii'^'-fign of their becoming Siib- 
 JQ&s 5 nor can they be loomed to intend any thing but 
 their common Good, ndf to pay Obedience upon any o- 
 ther Teims or Conditions, but for the Protefticjn they 
 are vto receive : nay, had it been poffible for Mtit to de- 
 fign it, they were morally incapable of binding thcmfelves 
 contrary to their Common Good and Profperity. Though 
 Pfoteftion cannot be had without Obedience, yet Obe- 
 dience is only the Means, and in order to Protedlion ^ 
 ^ '» which is the End for which alone Obedience is due 5 and 
 • where that End cannot be had, aii Ties are abfolutcly 
 broken. And this has been the Senfe and Practice of 
 Mankind, who have always fubmitted to new Governors 
 when their old Ones became uncapable to proteft them: 
 But the Reafon is much ftronger, when inftead of pro- 
 teding, they defign to opprefs and ruin them 5 then their 
 own Good, which at firft was the (ble Rea(bn of their 
 Obedience, does as much oblige tlicm to bppofe them, as 
 ' ever it did to fubmit to ihcm. 
 , The DofVrine of Abfolute Obedience is inconfiQcnt with 
 
 ^v ; tbe Goodnefs of God, and the Love he has for Man 5 and 
 '; ' is dertruftivc of tlie End, Intent and Defign of Gods Laws, 
 [f* which is Man's Happinefs. For God, who is infinitely happy 
 * ' ♦ inhimfclfj could have no other Motive but Mans Happi- 
 neft in thofe Rules he has given him to walk by 5 and for 
 that Reafon has made it a Duty in him to help the Poor 
 and Mifcrable, relieve the Opprefled and Diftrcfled, and do 
 ' , all manner of KindnefTes and good Offices to one another. 
 Can it then be prefumed, tha^ he required Obedience to 
 ;>, " . ' Arburary 
 
 / 
 
 • V 
 
r"> 
 
 Arbitrary Power, whieh brings Poverty, Miftry and Defola- 
 tion on a Nation. If it be Duty to relieve the Poor and Op 
 preffcd, it muft as much fo, to hinder People from falli 
 into that roiferable Condition, which they cannot prevenl^ 
 except they have a Pvight to oppoie Arbitrary Powcjp/ And 
 if it be a Duty to promote the PublickGood, which they can- 
 not do if they are obliged to fubrait to ArbitnH-y Govern- 
 nient, it muft be their Duty to oppole it. / 
 
 In fhorr, there is no Duty that a Man o^s to his Neigh- 
 bour, or himfelf, but does oblige him to/oppo(e Arbitrary 
 Government 5 and fo does that Honour and Duty which Man 
 owes to his Maker, which cannot mot^ be (hown, than in 
 imitating him, by promoting the Gc^d and Happinels of his 
 Fellow-Creatures : He that does tto/love his Brother whom he 
 has feett^ cannot love God tthom ht^has not fecn» But the en- 
 deavouring to enflave his Brorfier, is no Argument of any 
 5;icat Love he bears him. Ablblute Obedience tends to the 
 DiQionour of God, as it paturally tends to introduce groft 
 Ignorance and Superftiti^, which perhaps is the chief Rea- 
 ion that feme Men fo hignly promote it, bccaufe then they 
 may be the better able^o impofc what ftlfilh Do^^rincs they 
 pleale, and tyrannize4)ver the Conlciences of their Brethren. 
 
 The promoting/Ablblute Obedience, is a much greater 
 Crime than the enjeouraging any Rebellion whatever 5 becaule 
 a Civil War, th^igh during the time it lafts is very fharp, yet 
 it cannot, tfpccially ina Country where there are no fortihcd 
 Places, conti;me long, and a Nation may flouri(h and be hap- 
 py again, ^ut if once Arbitrary Government be introduced 
 upon the Principles of Paflive Obedience, Peoples Miferies- 
 are endlcfs, there is no pro(ped or hopes of RedrcG : Every 
 Age wUl add new^Oppreflions, and new Burdens to a People 
 already exhaufted. If he, by God*s Command, was to be cur- 
 fcd tnat removed his Neighbour's Land- mark, what Curfes > 
 mufc they deferve that .make it their Bufioels to remove all ' 
 
 F the 
 
 
 i#«^Pipip"P"S!^ 
 
M 
 
 f • * to pay him Obedience, there it is moCl evident that they 
 |e i ' would never part with their Liberties, and give to a fin* 
 ; :, gle Perlbn fo great Power over them, but fur the fake of 
 . ^ fome futable Return 5 which can be no other than the 
 Proteftion they receive by Government, which was the 
 ,; fole. Motive, Reafon and^i^i .fign of their becoming Sub- 
 ' • jefts 5 nor can they be loomed to intend any th!ng but 
 ' their common Good, ndf to pay Obedience upon any o- 
 ^ ther Terms or Conditions, but for the Protcd:i(^n they 
 
 arevto receive: nay, had it been polTible for Mcn^to de- 
 j* (ign it, they were morally incapable of binding themfelves 
 ' ^^-^ contrary to their Common Good and Profperity. Though 
 s Protedtion cannot be had without Obedience, yet Obe- 
 :;i.4,. dience is only the Means, and in order to Proteflion 5 
 which is the End for which alone Obedience u due ^ and 
 where that End cannot be had, all Ties are abfolutcly 
 broken. And this has been the Senfe and Pradtice of 
 Mankind, who have always fubmitted to new Governors 
 when their old Ones became uncapable to proteft them : 
 But the Reafon is much ftronger, when inftead of pro- 
 tedting, they defign to opprefs and ruin them 5 then their 
 own Good, which at firft was the fole Reafon of their 
 Obedience, does as much oblige them to bppofe them, as 
 ever it did to fubmit to them. 
 
 The Doftrine of Abfolute Obedience is inconfiftent with 
 the Goodnefs of God, and the Love he has for Man 3 and 
 " is delbudlive of the End, Intent and Defign of God's Laws, 
 which is Man's Happinefs. For God, who is infinitely happy 
 fiily •/ * inhimfclf, could have no other Motive but Man's Happi* 
 ne(s in thofe Rules he has given him to walk by 5 and for 
 that Reafon has made it a Duty in him to help the Poor 
 and Miferable, relieve the OpprefTed and Diftrefled, and do 
 - all maimer of Kind ncfles and good Offices to one another. 
 Can it then be premmed, that- he required Obedience to 
 
 Arbitrary 
 
 ..m fm m t» » i W I"' ".i ii ) i i ,,i w ) nmwi'lW"P"' l l " l IM III HIHI I'^OW^^^'"^"'— ^^^f^^^^^ 
 
 '•1' 
 
 A 
 
 :/' 
 
(J3) 
 
 Arbitrary Power, which brings Poverty, Miftry and Defbla- 
 non on a Nation. If it be Duty to relieve the Poor and O^ 
 prefTed, it muft as much fo, to hinder People from faWfng 
 into that roilerable Condition, which they cannot jtfevent 
 except they have a Right to oppofe Arbitrary Pqj^^er. And 
 if it be a Duty to promote the Publick Good, wjitch they can- 
 not do if they are obliged to fubrait to Ai^trary Govern- 
 ment, it muft be their Duty to oppofe it. / 
 
 In (horr, there is no Duty that a Mjriowcs to his Neigh-> 
 hour, or himfelf, but does oblige hijri to oppofe Arbitrary 
 Government 5 and fo docs that Honodr and Duty which Man 
 owes to his Maker, which cannot ;nore he fhown, than in 
 imitating him, by promoting th^'dood and Happinefs of his 
 Fellow- Creatures : hh ihai do^i net Icr bis Brother vphom he 
 has fecM^ cannot love God nhom h" has /.W feen. But the en- 
 deavouring to enflavc his, Bror:ie% is n^ Argument of any 
 great Love he bears him. Abfc^ute K K dience tends to the 
 Difhoncnr of God, as it natura'!; ieiiv!< to introduce grofs 
 "Ignorance and Superflition, which perhi ^5 is the chief Rca- 
 fon that fome Men fo highly promote it, t/caufe then they 
 may be the better able to impofc whc: ftlfuh Doctrines they 
 pleafe, and tyrannize over the Confciences cf their Brethren. 
 
 The promoting Abfolute Obedience, h a much greater 
 Crime than the encouraging any Rebellion whatever j becaufc 
 a Civil War, though during the time it lafts is very fharp, yec 
 it cannot, efpecially ina Country where there are no fortified 
 Places, continue long, and a Nation may flourilh and be hap- 
 py again. But if once Arbitrary Government be introduced 
 upon the Principle? of Paffive Obedience, Peoples Miferies « 
 are endlcfs, there is no profped^ or hopes of Rcdreft : Every 
 Age will add newOppreflions, and new Burdens to a People 
 already exhaufted. If he, by God*s Comrnr.cd, was to be cur- 
 fcd that removed his Neighbour s Land--A.rk, what Curfes • 
 mufc they deferve thatjnake it their Bui^iieGto remove all ^ 
 
 F the 
 
 rBRicfs<r?f,] 
 
' / ' to pay him Obedience, there it is mofl; evident that they 
 . ' would never part with their Liberties, and give to a fin- 
 cle Perfon fo great Power over them, but fur the fake of 
 , ,-,.^ .; (ome futable Return 5 which can be no other than the 
 • N"^' J^ Proteftion they receive by Government, which was the 
 •fi ^ • fole. Motive, Reafbn ai^x^i.fign of their becoming Sub- 
 . Jed^s 3 nor can they be f^umed to intend any thJng but 
 their common Good, not to pay Obedience upon any o- 
 ^ , ther Terms or Conditions, but for the Protcftic^n they ' 
 arevto receive: nay, had it been poffible for Mcrt^to de- 
 r • ilgn it, they were morally incapable of binding themfelves 
 " J contrary to their Common Good and Profperity. Though 
 C Proteftion cannot be had without Obedience, yet Obe- 
 , ;;^ . dience is only the Means, and in order to Proteftion 5 
 ;;^^ . which is the End for which alone Obedience is due ^ and 
 , V •• where that End cannot be had, all Tics are abfolutcly 
 '/ ■ broken. And this has been the Sen(e and Praftice of 
 
 Mankind, who have always fubmitted to new Governors 
 .;, V when their old Ones became uncapable to proteft them : 
 But the ReaTon is much ftronger, wh«n inftead of pro- 
 tecting, they defign to opprefs and ruin them 5 then their 
 - \ own Good, which at firft was the fole Reafon of their 
 ^ • .' Obedience, does as much oblige them to bppofe them, as 
 k)i -] ' ever it did to fubmit to them. 
 
 yf.;' V. '^ The Dodrine of Ablblute Obedience is inconfiftent with 
 
 '^ *• ; the Goodnels of God, and the Love he has for Man 3 and 
 ' ^ ' is deftrudive of the End, Intent and Defign of God s Laws, 
 I * which is Mans Happinefi. For God, who is infinitely happy 
 
 i#y' V ' inhimfclfj could have no other Motive but Man's Happi- 
 ly!! > / ncft in ihoic Rules he has given him to walk by 3 and for 
 ■li ; that Reafon has made it a Duty in him to help the Poor 
 
 and Mifcrable, relieve the OpprefTed and Diftrefled, and do 
 ' y , all manner of Kindncfles and good Offices to one another. 
 : '.; Can it then be prefumed, tha^ he required Obedience to 
 ;•;'>;> J Arbitrary 
 
 mimmymmmmwm 
 
Arbitrary Power, which brings Poverty, Miftry and Deffbla- 
 tion on a Nation. If it be Duty to relieve the Poor/ml Op- 
 preficd, it muft as much fo, to hinder People fi^ falling 
 into that roiferablc Condition, which they cajmot prevent 
 except they have a Right to oppole Arbitra^Power. And 
 if it be a Duty to promote the PublickGo^, which they can- 
 not do if they are obliged to fubrait tyArbitrary Govern- 
 njent, it rauft be their Duty to oppofe> 
 
 In fhorr, there is no Duty that a/Man owes to his Neigh-, 
 bour, or himfelf, but does pbligc/nim to oppole Arbitrary 
 Government ^ and fo docs that Honour and Duty which Man 
 owesto his Maker, which cannot more be (hown, than in 
 imitating him, by proraotina^ie Good and Happinels of his 
 Fellow-Creatures : He ihatMoes not love his Brother whom he 
 has fietty cani)ot love God whom he has not fecn. But the en- 
 deavouring to enflavc hfis Brother, is <io Argument of any 
 j;ieat Love he bears ^irn. Abfblute Obedience tends to the 
 Difhonour of God, /(s it naturally tends to introduce groft 
 Ignorance and SupcrOition, which perhaps is the chief Kea- 
 fon that fome Mer^To highly promote it, bccaufe then they 
 may be the better able to impofc what ftlfiih Doctrines they 
 plea(e, and tyrannize over the Conlciences of their Brethren. 
 
 The prompting Abfolute Obedience, is a much greater 
 Crime than tjie encouraging any Rebellion whatever 5 becaufe 
 a Civil Wai?i though during the time it lafts is very (harp, vet 
 it cannot,/erpecially in a Country where there are no fortihcd 
 Places, continue long, and a Nation may flourifh and be hap- 
 py agaiil. But if once Arbitrary Government be introduced 
 upon tlie Principles of Paflive Obedience, Peoples Miferies 
 are endlcfs there is no propped or hopes of Rcdrefs : Every 
 Age will ndd new Opprcfiions, and dcw Burdens to a People 
 already cxhaufted. If he, by God's Command, was to be cuf- 
 fed that removed his Neighbours Land*mark, what Curfes 
 mufc they deferve that make it their Budnets to remove tili 
 
 F the 
 
 b— Mryw j 1 1 II i[ .mm mm>mmimnmmmmm 
 
 'IM 
 
 
Il*) 
 
 
 to pay him Obedience, there it is fiidft evident that they ^ 
 would never part with their Liberties, and give to a (in* 
 cle Perfon fo great Power over them, but for the fake of ^--^ 
 lome futable Return j which can be no other than the 
 Proteftion they receive by Government, which was the 
 fble. Motive, Reafon aid^^cfign of their becoming Sub- 
 Jefts 5 nor can they be \^umed to intend any thJng but 
 their common Good, not to pay Obedience upon any o- 
 ther Terms or Conditions, but for the Protcftic^n they ' 
 are \to receive: nay, had it been pofllble for Mcft to de- 
 ;v (Ign it, they were morally incapable of binding themfelves 
 , ,'V*^ contrary to their Common Good and Profperity. Though 
 ' V« " Proteftion cannot be had without ObediencCj yet Obe- • 
 
 f^^ is only the Means, and in order to trotedlion 5 
 
 ' '^. which is the End for which alone Obedience is due t, and 
 * where that End cannot be had, all Tics are abfoluicly 
 broken. And this has been the Sen(e and Pradtice of 
 Mankind, who have always fubmitted to new Governors "^ • 
 
 when their old Ones became uncapable to proteft them : . 
 
 But the ReaTon is much ftronger, when inftead of pro- ^ 
 testing, they defign to opprefs and ruin them 5 then their 
 t,,\ own Good, which at firft was the (ble Reafon of their 
 ■ ' Obedience, does as much oblige them to bppofe them, as ' 
 ever it did to (ubmit to them. 
 
 The Dodrine of Abfolute Obedience is inconfiQent with ^^..j*^-'^ 
 the GoodneG of God, and the Love he has (or Man 5 and ** ^ 
 ' " is deftrudlive of the End, Intent and Defign of Gods Laws, 
 which is Man's Happineli. For God^ who is infinitely happy 
 ^*; \f • ' * inhimftlf, could have no other Motive but Mans Happi- 
 nels in thole Rules he has given him to walk by 5 and for 
 that Reafon has made it a Duty in him to help the Poor ' 
 
 and Mi(erable, relieve theOppreffed and Diftrefled, and do 
 all manner of Kindncfles and good Offices to one another. . ^ 
 Can it then be prefumed, tha^ he required Obedience to ' 
 
 Arbitrary 
 
 A 
 
 -.) 
 
 i ^ "" « ii m iiii i.Ti.iiiii. i»«i ri I I II »m ^mmtma^mm^mmimmm^mmmHm''mmmmm 
 
i.. 
 
 to his Neigh- 
 
 fe Arbitrary 
 
 which Man 
 
 (hown, than 
 
 ^pofe 
 Duty 
 
 in 
 
 Arbitrary Power, which brings Poverty, Mifcry and Defola- 
 tion on a Nation. If it be Duty to relieve the Poor and Op- 
 prefTcd, it muft as much fo, to I^'.nder People frctn fall 
 into that roiferable Condition, which they cannot prevent 
 except they have a Right to oppofe Arbitrary Power.yAnd 
 if it be a Duty to promote the Publick Good, which t)j^ can- 
 not do if they are obliged to fubmit to Arbitrary'Govern- 
 inent, it muft be their Duty to oppofe it. 
 
 In (horr, there is no Duty that a Man 
 hour, or himfelf, but does oblige him to 
 Government 5 and fo does that Honour a 
 owes to his Maker, which cannot mor^^oe 
 imitating him, by promoting the Ggjsra and Happinels of his 
 Fdlow- Creatures : He that does no^ love his Brother whom he 
 has feen^ cannot love God xthom fy/ has not fecn. But the en- 
 deavouring to enflave his Bpbther, is no Argument of any 
 j;reat Love he bears him. /Abfblute Obedience tends to the 
 DiOionour of God, as i ^naturally tends :o introduce groft 
 Ignorance and Supern)t1on, which perhaps is the chief Kea- 
 fon thatfome Men fo highly promote it, be aufe then they 
 may be the belter ^le to impofc what ftlfi h Do^rincs they 
 pleafe, and tyrannise over the Confcicnccs of their Brethren. 
 
 The promoting Abfolute Obedience, is a much greater 
 Crime than theencouragingany Rebellion whatever 5 brcaule 
 a Civil War, though during the time it lafts h very fharp, yet 
 it cannot, ejpecially ina Country where there are no fortified 
 Places, coptinuelong, and a Nation may flourifh and be hap- 
 py againy But if once Arbitrary Government be introduced 
 upon the Principles of PaiRve Obedience, Peoples Miftries 
 are endlefs, there is no profpedor hopes of Rcdrefs : Every 
 Age/will add new^Opprefiions, and new Burdens to a People 
 already cxhaufted. If he, by God*s Command, was to be cur- 
 bed that removed his Neighbour's Land-mark, what Curfes • 
 mufc they defcrve that, make it their BuHDelsto remove all 
 
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 'to pay Mm Obedience, there it is mod evident that they 
 , ' : would never part with their Libekrties, and give to a fin- 
 ^}v ' B^^ Perfon Co great Power over them, but for the fake of 
 1 1' 4 '- ^^^^ (utable Return ^ which can be no other than the 
 Sf'-^ 1 Proteftion they receive by Government, which was the 
 ■ fole. Motive, Reafon and^^cfign of their becoming Sub- 
 jects 3 nor can they be i^ifamed to intend any thtng but 
 their common Good, not to pay Obedience upon any o- 
 ther Terms or Conditions, but for the Proteflii^n they ' 
 arevto receive: nay, had it been poffible forMcrttode- 
 fign it, they were morally incapable of binding themfelves 
 J contrary to their Common Good and Profperity. Though 
 Proteftion cannot be had without Obedience, yet Obe- 
 > dience is only the Means, and in order to Proteftion ^ 
 ^ which is the End for which alone Obedience is due ^ and 
 ' where that End cannot be had, all Ties are abfolutcly 
 broken. And this has been the Senfe and Practice of 
 Mankind, who have always (ubmitted to new Governors 
 when their old Ones became uncapable to proteft them : 
 But the Reaibn is much ftronger, when inftead of pro- 
 teding, they defign to opprefs and ruin them 5 then their 
 own Good, which at fir ft was the fole Realbn of their 
 Obedience, does asmuchobligethem tobppofe them, as 
 ' ever it did to (ubmit to them. 
 J The Dodrine of Abfolute Obedience is inconfiftent witli 
 
 the Goodnefs of God, and the Love he has for Man 5 and 
 ^ is deftruftive of the End, Intent and Defign of God's Laws, 
 I . :*:/-.'■ which is Man's Happinefi. For God, who is infinitely happy 
 ;j(^; ' ' • inhimfclfj could have no other Motive but Man's Happi- 
 M '; ncfs in thofc Rules he has given him to walk by j and for 
 
 V ' that Reafon has made it a Duty in him to help the Poor 
 
 and Mifcrable, relieve the Opprefled and Diftrt (led, and do 
 all minner of Kindncfles and good Offices to one another. 
 Can yt ihtn be prefumed, that- he required Obedience to 
 ,^ Arburary 
 
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 Arbitrary Power, which brings Poverty, Miftry and De) 
 lion on a Nation. If it be Duty to relieve the Poor and Op- 
 preflTcd, it muft as much Co, to hinder People fi 
 into that miferabic Condition, which they cann^ prevent 
 except they have a Right to oppofe Arbitrary Dower. And 
 if it be a Duty to promote the Publick Good, i^ich they can- 
 not do if they are obliged to fubmit to A^itrary Govern- 
 ment, it muft be their Duty to oppole it. 
 
 In fliorr, there is no Duty that a Marfowcs to his Neigh-, 
 bour, or himfelf, but does oblige hini to oppofe Arbitrary 
 Government 5 and fo does that Hononr and Duty which Man 
 owes to his Maker, which cannot i^re be (hown, than in 
 imitating him, by promoting thcytiood and Happinels of his 
 Fellow-Creatures : He that doeptot love his Brother whom he 
 has feen, cantjot love God vphoyfhe has not feen^ But the en- 
 deavouring to enflave his Efrother, is no Argument of any 
 j;ieat Love he bears himy Abfblute Obedience tends to the 
 Difhonour of God, as it^ naturally tends to introduce groft 
 Ignorance and Supcrtmion, which perhaps is the chief Rea- 
 fon that Tome Men fo^ighly promote it, becaufe then they 
 may be the better iiole to impofe what ftlfifh Doctrines they 
 pleafe, and tyranofze over the Conlciences of their Brethren. 
 
 The promoting Abfolute Obedience, is a much greater 
 Crime than therncouraging any Rebellion whatever j becaufe 
 a Civil War^/though during the time it lafts is very (harp, yet 
 it cannot, Specially in a Country where there are no fortified 
 Places, continue long, and a Nation may fiourilh and be hap- 
 py agaip{ But if once Arbitrary Government be introduced 
 upon the Principles of Paflive Obedience, Peoples Miferies 
 are endlcfs, there is no profpedl or hopes of Rcdrcfs ; Every 
 Age will add newOppreffions, and new Burdens to a People 
 already exhaufted. If he, by God's Command, was to be cur- 
 f<^d that removed his Neighbour's Land-mark, what Curfes 
 /mufk they deferve that .make it their Budncls to remove all ^ 
 
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