Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	according_a	king_n	law_n	1,830	5	4.8875	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31642	Treason's master-piece, or, A conference held at Whitehall between Oliver, the late usurper, and a committee of the then pretended Parliament who desired him to take upon him the title of King of England ... : wherein many of the leading-men of those times did, by unanswerable arguments, assert and prove monarchy to be the only legal ancient, and necessary form of government in these kingdoms / collected by a faithful hand.; Monarchy asserted to be the best, most ancient and legall form of government	Fiennes, Nathaniel, 1607 or 8-1669.; Whitlocke, Bulstrode, 1605-1675 or 6.	1680 (1680)	Wing C19; ESTC R14983	78,281	128

not seek to set up that which Providence hath destroyed and laid in the dust and I would not build Jericho again and this is somewhat to me and to my Judgment and Conscience that it is true it is that that hath an awe upon my spirit and I must confess as the times are they are very fickle very uncertain nay God knows you had need have a great deal of faith to strenghten you in your work and all assistance you had need to look at Settlement I would rather I were in my grave than hinder you in any thing that may be for Settlement for the Nation for the Nation needs and never needed it more and therefore out of the love and honour I bear you I am for ever bound to do whatever becomes of me I am ever bound to acknowledge you have dealt most honourably and worthily with me and lovingly and had respect for one that deserves nothing indeed out of the love and faithfulness I bear you and out of the sence I have of the difficulty of your works I would not have you lose any help that may serve you that may stand in stead to you but would be a sacrifice that there might be so long as God shall please to let this Parliament sit a harmony and better and good understanding between all of you and whatsoever any man thinks it equally concerns one man as another to go on to settlement and where I meet with any that is of another mind indeed I could almost curse him in my heart and therefore to the end I may deal heartily and freely I would have you lose nothing that may stand you instead in this way I would advise you that if there be any of a froward and unmannerly or womanish spirit I would not have you lose them I would not that you should lose any servant or friend that may help in this work that they should be offended by that that signifies no more to me than as I told you that is I do not think the thing necessary I do not I would not that you should loose a friend for it if I should help you to many and multiply my self into many I would be to serve you in settlement and therefore would not that any especially any of these that indeed perhaps are men that do think themselves engaged to continue to you and to serve you should be any ways disobliged from you The truth is I did make that my conclusion to you at the first when I told you what method I would speak to you in I may say that I cannot with conveniency to my self nor good to this service that I wish so well to speak out all my arguments in order to safety and in order in tendency to an effectuall carrying on of this work I say I do not think it fit to use all the thoughts I have in my mind as to that point of safety but I shall pray to God Almighty that he would direct you to do what is according to his Will and this is that poor account I am able to give of my self in this thing 16. April Lord Chief-Justice Glynne The Name and Office essential to Settlement FIrst Because it is known to the Law his Duty known in reference to the people and the peoples Duty known in reference to him this cannot be transmitted to another name without much labour great hazard if it may at all To go by individuals and reckon up all the Duties and Powers that a King by our Laws hath in reference to his Trust towards the people and the Duty of the people towards him is a work of so great labour that it would require months yea years if not ages Secondly To apply its relative talis qualis would introduce these difficulties First it would be a new thing how it would prove is but guest and its the Foundation-stone its unsafe to put it to a hazard when you have a safe one Secondly Those Certainties and Securities that accompany that Title are incident by the ancient Laws and Customs of the Nations and that which the other Office can have are introductive and given him de novo from this Parliament as their ancient inheritance that can claim but by a new title of purchase Thirdly The People and your Highness loose the best Title both to their Liberty and your Rights which is the Law antient Custome and Vsage and claim it only but upon the strength of the Parliament but if you take it as a King you have the strength of both Fourthly If you assume any other name and have the rights given you by Parliament it may seem as if the people had lost their ancient rights and had need of new ones to be created by this Parliament Fifthly The assumption of the Title of King is without need of any other Authority to protect the people and bind the people to obey you Sixthly If you should take the name of Protector or any other new Title whatsoever Authority is applyed thereto is but grafting upon a stock that is new and doubtful whether it will bear the fruits well and still liable to former objections without doors Seventhly If you take the Title of King the worst affected cannot object against Authority or at all against the Parliament as the Donor 16 April Master of the Rolls IT is certain that all Governments in themselves may be good for none as male in se but the rule that hath always been observed that the most necessary and prudent course to govern a Nation must be taken from that proportion which is most suitable to the nature and disposition of the people that are governed if this be the general rule always in the world we may well draw this argument both from an absolute necessity and ex necessitate consequentis also The chief Governour in a setled Government being obliged to do for the good of his people not onely quoad bonum sed quoad optimum then the consideration that will follow properly here will be whether the name King which in the judgment of the Law implies the Office be not the best Government for the peoples safety but ex necessitate causa necessitate consequentis to explain this it must be premised that when we speak of King we must take the difference between the person dignified with the Name and the Name it self for this must be taken for a sure ground the word King is a Name as it is a word which the Law doth look upon so it hath its proper Basis and foundation upon the Law and is as ancient as the Law is now the Person of the King is a name that hath its dignity and foundation from the word King as ex necessitate consequentis because in reason a man must be used to exercise that Authority which proceeds from that name These things being very clear by the fundamental grounds of the Law if then we examine the foundation of things

Nation to make you who are one of them and have been in these troubles their Head and Leader to be their King And certainly Sir whatever dissatisfaction may be in this case it ought not to weigh if there be any Judge on Earth of the peoples good 't is the whole people represented together and what others say it is but by individuals Sir the Parliament have hundreds nay thousands upon their backs the good people of the Nation a quiet peaceable people with you and what the Parliament shall judge fit is their duty and no doubt they will submit Sir were there in this matter no other reason why you should accept this I know this alone which indeed is the greatest reason I can give would sway you above any thing that what is before you is the advice of your great Council the Parliament Lord Commissioner Fines I Shall offer what I conceive from their debates to be the reasons why they advise your Highness to this Title and seeing what is in the fountain must be conveyed by such pipes I shall clear the state of the Question In the first place if I mistake not is onely upon name not upon any thing not upon the Office of a King but upon the Title of a King for the question is whether the same thing shall be signified by the Office of a King under the name of a King or by the Office of a King under the name of a Protector Undoubtedly the Office of a King may be more exercised under another name than it may if the powers be not Kingly though the name be there he that said he would not do his Masters will and yet did it did it more than he that said he would and yet did it not he that hath all the Powers and Authorities of a King is a King though he have not the Name Either there must be a diversity and for any thing that may difference it by the name it self truly Sir either this must be done you must enumerate all the powers of Protector or what is left enumerated must be the same thing as the Law says is the duty of a King and this I think the Judges have determined this being the clear state of the question the difference will arise meerly upon a name and the Parliament did not think it agreeable to their wisdome for them to look upon all the Laws and all the Cases and make the name of Protector to suit them or else leave it lawless and boundless but what was not confined to the power of a King was confined to the decision of the Law That being so the Parliament thinks it is fit for them to do as all wise men do in making names they give out names according to the nature of the thing and either they must fit all the Laws to the name and that is impossible or leave the name unbounded and that 's intolerable All creatures were brought to Adam to give them names he gave them according to their Natures And so the Parliament considers what the thing is that they were about to advise your Lordship to the Parliament finde this to be the same Government as was before and if they would have that why not their old Name If the thing why not the Title Truely it seems very reasonable that names should be proportioned to the thing they have found divers Reasons why the name should be King because it is a thing clear to all the world that the people are more willingly obedient to old Things and Names than to new and so far as old things can be retained without danger or inconvenience it is the Wisdome and Duty of all Governours to retain them I remember in the Stories of our Wars with the French Edw. 3. had assistance from Flanders One thing more of the name of the Protector be considered within my relation to the Laws of this Land Every one knows it does not relate to him that hath the chief Magistracy but as he was Tutor or Guardian to another that 's all the Legal Notion or use of the name Protector in this Land and the holding this name doth hold forth a gap of apprehension and expectation that there may be a change these are in substance that which I can remember of the Debates of the Parliament Lord Com. Lisle I Humbly conceive that in this Title offered to your Highness by the Parliament they do take the same care for your Highness as Jethro took for Moses they finde the weight of the Government as it is now upon you under the title Protector is a burthen that will weary both your self and the people likewise and therefore they do desire your Highness will be pleased to accept of that Title that may be an ease to your Highness and to the people the greatest weight and burthen of government is when there is a jealousie between the Prince and the people for want of a right understanding though neither Parliament nor people have a jealousie of your person yet of the Title they have for want of a right understanding But if your Highness will be pleased to accept of the Title that is now offered all jealousies will be done away for they will then understand what you are and truly Sir I think the jealousie will be higher now then at first when the remonstrance was offered to you For the Title of Protector is either the same thing in power with the Title of King or it is something else If it be something else then what the Title of King is when it is confined and that will raise their jealousie very much If it be the same thing then there is nothing of difference but a name and they will think there is more than a name if the Parliament do offer it to your Highness and your Highness should wave it Sir the Parliament did think that your Highness was never able to provide to do justice to the Nation for the present nor that peace should be maintained in the Nation for the future unless your Highness accept of this Title National Justice does consist in two things that you do right to the people with relation to their just rights in relation to the Parliament That you do right to the people in relation to their just rights according to the Law of the Land Sir the Nations rights in Parliament can never be done to the people unless the Parliament hath its ancient right in relation to the Government and they can never have their right in relation to the Law unless the Laws have their ancient right in relation to the Governours Sir the reason why the Parliament doth now offer it as I conceive is this Sir they did consider the case of David it was the proper Title to offer the Title to King David when the Elders of Israel and the people did Covenant with King David at Hebron The Remonstrance offered to your Highness is the Covenant of the

Three Nations both for Spiritual and Civil Liberties If there was a proper time to make David King when they Covenanted with him at Hebron it is now a proper time for you to accept this Title when the Parliament hath brought this with a Covenant for the Three Nations that relates both to their civil and Spiritual Liberties Lord Broghill SIR I can add so little to what hath been already spoken that were it not in obedience to command I should with much more satisfaction be silent then now speak but being under an obligation I may not violate I shall in obedience thereof presume to lay my poor thoughts before you but first I shall take the boldness to say I believe it is a thing impossible for any to particularize every individual reason which invites a Parliament to pass any Vote for the Parliament is a body consisting of many Members and all of them relish those arguments and reasonings which are most consonant to every mans apprehension in which there is so great variety that though when a Vote is past we may conclude that Vote is the sense of the House yet we cannot say that these and none but these reasons produced that result I onely mention this Sir that whatever I shall speak may be considered by you but as my poor apprehension what in some degree might have contributed to move the Parliament to petition and advise your Highness to assume the Title and Office of King for it would be too high a presumption in any Member especially in me above any to dare aver that what I should now say did only invite the Parliament to give your Highness that Counsel having thus humbly premised what I held my self obliged unto in duty I shall now proceed to acquaint you what in my weak judgment did in some measure move the Parliament to do what they have done First I humbly conceive that the Title of King is that which the Law takes notice of as the Title of Supream Magistrate and no other and that the old foundations that are good are better than any new ones though equally good in their own nature what is confirmed by time and experience carries along with it the best Trial and the most satisfactory stamp and authority Secondly It was considered too that it was much better that the Supreme Magistrate should be fitted to the Laws that are in being than that those Laws should be fitted unto him Thirdly The people legally assembled in Parliament having considered of what Title was best for the supreme Magistrate did after a solemn debate thereof pitch upon that of King it being that by which the people knew their duty to him and he the duty of his Office towards them and both by old and known Laws Fourthly There is hardly any who own Government at all in these Nations but think themselves obliged to obey the old Laws or those which your Highness and the Parliament shall enact So that if the Supream Magistrate of these Three Nations be intituled King all those who reverence the old Laws will obediently and chearfully accept of him as that which is setled upon the establishment they own and all that own this present authority will do the like because grafted by it by which none can rest unsatisfied that think it a duty to obey former Authorities or the present Fifthly The former Authorities know no Supream Magistrate but by the Title of King and this present Authority desires to know him by no other which if refused might it not too much heighten our enemies who may boulster up their faint hopes with saying to one another and to those which assist them that their chief is not onely under that Title which all past Parliaments have approved but under that Title which even this Parliament does approve likewise and that your head is not known by the former Laws and has refused to be known by that application which even the Parliament that he himself hath called doth desire to know him by Sixthly By your Highness bearing the Title of King all those that obey and serve you are secured by a Law made long before any of our differences had a being in the 11th Hen. 7. where a full provision is made for the safety of those that shall serve who ever is King 't is by that Law that hitherto our enemies have pleaded indemnity and by your assuming what is now desired that Law which hitherto they pretended for their disobedience tyes them even by their own profession and principles to obedience and I hope taking off all pretences from so numerous a party may not be a thing unworthy consideration That the Law seems very rational for it doth not provide for any particular family or person but for the peace and safety of the people by obeying whoever is in that Office and bears that Title The end of all Government is to give the people justice and safety and the best means to obtain that end is to settle a Supream Magistrate it would therefore seem very irrational that the people having obtained the end should decline that end onely to follow the means which is but conducing to that end so that if the Title and Office of King be vested in your Highness and that thereby the people enjoy their rights and peace it would be little less than madness for any of them to cast off those blessings onely in order to obtain the same end under another person Seventhly there is at present but a divorce between the pretending King and Imperial Crown of these Nations and we know that persons divorc'd may marry again but if the person be married to another it cuts off all hope These may be some of those reasons which invited the Parliament to make that desire and give that advice to your Highness of assuming the Title of King There is another and a very strong one which is that now they have actually given you that advice and the advices of the Parliaments are things which always ought and therefore I am confident will carry with them very great force and Authority nor doth this advice come singly but accompanied with many other excellent things in reference to our civil and spiritual Liberties which your Highness hath born a just and signal testimony to It is also a Parliament who have given unquestionable proofs of their affection to your Highness and who if listned to in this particular will be thereby encouraged to give you more Lord Protector I Have very little to say to you at this time I confess I shall never be willing to deny or defer those things that come from the Parliament to the Supream Magistrate if they come in the bare and naked Authority of such an Assembly as known by that name and are really the representation of so many people as a Parliament of England Scotland and Ireland is I say it ought to have its weight and it hath so and ever will have