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for the very Nature of all Agreements proves it; for in any thing of that nature, if one fide be bound and the other at Liberty, it de monftrates the folly or Rafhnels of the one Party, and cunning or good Fortune of the other, and cannot fo properly be called a Bargain as a Submiffion. Subjection is really an Effect of Protection, and arifes from it; otherwile Parents would have it in their choice to provide for or neglect their Chil dren, and tho' their Right is from Nature, and for that Reafon more Arbitrary than when it proceeds from compact, yet no man will deny, but that Parents are bound to Educate and provide all other Neceffaries for their Children, as far as their Substance will enable them, and that nothing can discharge them of this Obligation but the Notorious Difobedience and wickedness of their Children: The Nature of our Allegiance proves that the Obligation is mutual, because the King takes the Coronation Oath, before the Subjects fwear to him, which fhews that our allegi ance is Conditional, and fuch it is in all regular Governments for what can induce one man to obey another, but that he ingages to protect him; for if I am bound to obey where I have not an Affurance of Protection, then if a Tyger or other Monster could get into the Throne, I fhould then be under the fame Obligation of Obedience, but the reafon of this is fo obvious to every one of common Sence, that I will fay no more to it.

I think it will not be difputed, that the End of Government is Peace and Order, if not

for

for thefe, it must be for Confufion, because there is no Medium between Peace and Confufion now God could not intend the latter, because he has declared himself to be a God of Order, and therefore fince all Government in general does Originally proceed from God, that Adminiftration is rather an Ufurpation than Government that commands or permits the Disturbance of the Subjects in the Enjoyment or Poffeffion of their Rights and Properties. And therefore it will follow, That it is more for Gods glory, that every man do fit fafe and quiet under his Vine and Fig Tree, than to be oppref fed. Oppreffion intimates a wrong or Injustice, and God will not Authorize that which he has declared to be unjust; for juft and righteous are all his ways: Oppreffion will make a wife man mad, which fhews that Subjects have a right in their Properties, as well as Kings have to their Crowns If there were not fome fuch Right, there could be no Oppreffion or Injustice, for Oppreffion or Injuftice, is when that which is anothers Right is detained or taken from him against his confent. If Naboth had not had a Right in his Vineyard, Abab need not to have Capitulated with him to have it for a Garden of Herbs, neither would God have vifited Ababs Family for the Blood of Naboth. And I never knew any man to maintain the Doctrine, That all our Rights and Properties were in the Crown, but he hoped thereby to encrease his Eftate: And few ever pretended to be of that Opinion that were not broken in their Fortunes, or aimed at their Neighbours.

If therefore Peace and Order is the end of Government, and that it is more for Gods glory, that every man fit fafe under his Vine and Fig Tree,then it will follow, That a King may forfeit his Crown by reafon of Male Administration for otherwife it will follow,thatGod made the World for the Pomp and Grandure of Kings, and not for his own Glory; that there is no fuch thing as Property, no fuch thing as Right or Injustice, that there are no Laws but his Will and Pleasure, nor any thing to guide him but his own Fancy.

The

The CASE.

QUERY,

Whether a Confpiracy to Levy War, is an Overt A&t of Confpiring, or Imagining the Death of the King.

T has been declared in the Affirmative by fome modern Precedents; But whether thofe Judgements did Proceed from Ignorance of the Laws, or to ferve a Turn will be enquited into when the time comes, that the plain English may be fpoke, that is neceffary to open and difcover the truth of the Cafe.

There are feveral things which may give occafion to make it be fo generally received in the Affirmative, but it has chiefly proceeded from making Distinctions where the Law has not diftinguithed, which is altogether forbid, if Rules in Law are of any Authority, or fignify any thing, for non eft diftinguendum ubi Lex non diftinguit

And therefore this Opinion will eafily be refuted by confidering these things which follow.

B b b

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