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A Hind Let Loose by Alexander Shields

Thereby all the ends of government being subverted


always be in the constitution of lawful rulers, be not always express and explicit, so that a written authentic copy of it cannot be always produced; yet it is always to be understood, implicitly at least, transacted in the ruler's admission to the government, wherein the law of God must regulate both parties; and when he is made ruler, it must be understood that it is upon terms to be a father, feeder, and protector, and not a tyrant, murderer and destroyer. All princes are so far pactional, that they are obliged by the high and absolute Sovereign from whom they derive their authority, to reign for the peace and profit of the people. This is fixed unalterably by the laws of the supreme legislator, and solemnly engaged unto at the coronation: and whosoever declines or destroys this fundamental condition, he degrades and deposes himself. It is also not only the universal practice, but necessary for the constitution and conservation of all commonwealths, to have fundamental laws and provisions about government, both for the upholding, and transmitting and transferring it, as occasion calls, and preventing and punishing violations thereof, that there be no invasion or intrusion upon the government; and if there be any entrance upon it not according to the constitution, that it be illegitimated, and the nation's liberties always secured. This doth infer and regulate a conditional compact with all that are advanced to the government, albeit it should not be expressed. For it is undeniable that in the erection of all governors, the grand interests of the community must be seen to, by legal securities for religion and liberty, which is the end and use of fundamental laws. Now, how these have been unhinged and infringed, by the introduction and present establishment by law of that monster of the prerogative, enacted in Parliament _anno_ 1661, the apologetic relation doth abundantly demonstrate, lect. 10. Concerning the King's civil supremacy, enhancing all the absoluteness that ever the Great Turk could arrogate, and yet far short of what hath been usurped since, and impudently proclaimed to the world; especially by him who now domineers, in his challenges of sovereign authority, prerogative royal, and absolute power, which all are to obey without reserve; whereby the whole basis of our constitution, and bulwark of our religion, laws and liberty, is enervated, and we have security of no law but the king's lust. Hence I argue, those princes that, contrary to their virtual compact (at least) at their coming to the crown, overturned all fundamental laws: Ergo they cannot be owned. The major is plain; for they that overturn fundamental laws are no magistrates; thereby all the ends of government being subverted, and the subverter cannot be owned as a father or friend, but an open enemy to the commonwealth, nor looked upon as magistrates doing their duty, but as tyrants, seeking themselves with the destruction of the commonwealth. And in this case, the compact, the ground of the constitution, being violated, they fall from their right, and the people are liberated from their obligation; and they being no magistrates, the people are no subjects; for the relation is mutual, and so is the obligation, Jus populi, chap. 9. page 183. The minor is manifest, both from the matter of fact, and the mischiefs framed into laws, by the sovereign authority, prerogative royal, and absolute power foresaid: whereby what

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