Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	bind_v	law_n	nature_n	1,568	5	5.4669	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50542	Jus regium, or, The just, and solid foundations of monarchy in general, and more especially of the monarchy of Scotland : maintain'd against Buchannan, Naphthali, Dolman, Milton, &c. / by Sir George Mackenzie ...	Mackenzie, George, Sir, 1636-1691.; Mackenzie, George, Sir, 1636-1691. That the lawful successor cannot be debarr'd from succeeding to the crown.	1684 (1684)	Wing M162; ESTC R39087	83,008	208

Civil Wars betwixt Scilla and Marcus Caesar and Pompeij without considering what followed under the Trium viri Faelices Arabes Medique Eoaque tellus Qui sub perpetuis tenuerunt Regna Tyrannii 5. These who debate against Magistracy gratifie their own Vanity and Insolence but such devout men as Ambrose Augustine Vsher and others Debate against the Dictats of Interest as well as Passion which two nothing save Grace can overcome and there can be no surer mark of Conviction than to recide against these Lastly even Buchannan repented this horrid Doctrine Cambden 10. year of Queen Elizabeths Reign in 1567. But forasmuch as Buchannan being transported with partial affection and with Murrays bounty wrot in such sort that his said Books have been condemned of falsehood by the Estates of the Realm of Scotland to whose Credite more is to be Atributed and he himself sighing and sorrowing sundry times blam'd himself as I have heard before the King to whom he was School-master for that he had employ'd so virulent a Pen against that well deserving Queen and upon his Death-bed wished that he might live so long till by recalling the truth he might even with his Blood wipe away these Aspertions which he had by his bad Tongue falsly laid upon her but that as he said it would now be in vain when he might seem to dote for Age c. Idem Anno 1582. And not content with all this speaking of their surprizing the King they Compell'd the King against his Will to approve of this intercepting of him by his Letters to the Queen of England and to Decree an Assembly of the Estates Summoned by them to be just yet could they not enduce Buchannan to approve of this their Fact either by writting or perswasion by Message who now sorrowfully lamented that he had already undertaken the Cause of Factious people against their Princes and soon after Died c. THAT THE Lawful Successor Cannot be DEBARR'D From Succeeding to the CROWN Maintain'd against Dolman Buchannan and others BY Sir GEORGE MACKENZIE His Majesties Advocat EDINBVRGH Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno DOM. 1684. King James In His Advice to Prince Henry Page 173. IF God give you not Succession Defraud never the nearest by Right whatsoever conceit ye have of the Person for Kingdoms are ever at Gods Disposition and in that Case we are but Liferenters it lying no more in the Kings than in the Peoples Hands to Dispossess the Righteous Heir Page 209. Ibid. FOr at the very moment of the Expyring of the King Reigning the nearest and Lawful Heir entereth in his place and so to refuse him or intrude another is not to hold out the Successor from coming in but to expel and put out their Righteous King and I trust at this time whole France acknowledgeth the Rebellion of the Leaguers who upon pretence of Heresie by force of Arms held so long out to the great Desolation of their whole Countrey their Native and Righteous King from possessing his own Crown and natural Kingdom ERRATA Page 5. delet at his Majority Page 33. for Richard 3d. Read 2d The Right of the Succession Defended THe fourth Conclusion to be cleared was that neither the People nor Parliaments of this Kingdom could seclude the lineall Successor or could raise to the throne any other of the same Royal line For clearing whereof I shall according to my former method first clear what is our positive Law in this case Secondly I shall shew that this our Law is founded upon excellent reason and lastly I shall answer the objections As to the first It is by the second Act of our last Parliament acknowledged That the Kings of this realme deriving their Royal power from God Almighty alone do lineally succeed therto according to the known degrees of proximitie in blood which cannot be interrupted suspended or diverted by any Act or Statut whatsoever and that none can attempt to alter or divert the said Succession without involving the subjects of this Kingdom in Perjury and Rebellion and without exposing them to all the fatal and dreadful consequences of a civil warr DO THEREFORE from a hearty and sincere sense of their duty Recognize acknowledge and declare that the right to the Imperial Crown of this realme is by the inherent right and the nature of Monarchy as well as by the fundamental and unalterable laws of this realme transmitted and devolved by a lineal Succession according to the proximity of blood And that upon the death of the King or Queen who actually reignes the Subjects of this Kingdom are bound by Law duty and alledgance to obey the nixt immediat and Lawful Heir either male or female upon whom the right and administration of the Government is immediatly devolved And that no difference in Religion nor no Law nor Act of Parliament made or to be made can alter or divert the right of Succession and lineal descent of the Crown to the nearest and Lawful Heirs according to the degrees foresaids nor can stop or hinder them in the full free and actuall administration of the Government according to the Laws of the Kingdom LIKE AS OUR SOVERAIGNE LORD with advice and consent of the saids Estates of Parliament Do declare it is high treason in any of the Subjects of this Kingdom by writing speaking or any other manner of way to endeavour the alteration suspension or diversion of the said right of Succession or the debarring the next Lawfull Successor from the immediat actual full and free administration of the Government conform to the Laws of the Kingdom And that all such attempts or designes shall inferre against them the paine of treason This being not only ane Act of Parliament declaring all such as shall endeavour to alter the Succession to be punishable as Traitors but containing in it a Decision of this Point by the Parliament as the Supream Judges of the nation and ane acknowledgement by them as the representatives of the people and nation There can be no place for questioning a point which they have plac'd beyond all contraversie especially seing it past so unanimously that there was not only no vote given but even no argument propon'd against it And the only doubt mov'd about it was whither any Act of Parliament or acknowledgement was necessary in a point which was in it self so uncontraverted And which all who were not desperat fanaticks did conclude to be so in this nation even after they had hear'd all the arguments that were us'd and the Pamphlets that were written against it in our neighbour-Kingdom But because so much noise has been made about this question and that blind bigotry leads some and humorous faction drawes others out of the common road I conceive it will be fit to remember my reader of these following reasons which will I hope clear that as this is our present positive Law so it is established upon the fundamental

pretexts of rising in Arms against the lawful Monarch but our unhappy Countrey-men having by a long and open Rebellion oppos'd the most devout and most just of all Kings upon the false pretexts of Liberty and Religion the Parliament of this Kingdom from a full Conviction of the Villanies of these times and to prevent such dangerous Cheats for the future they did by the 5. Act Par. 1. Char. 2. Declare it to be Treason for any number of his Majesties Subjects to rise in Arms upon any pretext whatsoever and to shew that all such Glosses as were us'd by Buchannan were absurd and did not evacuat the first Laws though general the Parliament did by the 4. Act of that 1. Parliament declare that any Explanation or Glosse that during the late Troubles hath been put upon these Acts as that they are not to be extended against any Leagues Councils Conventions Assemblies or Meetings made holden or kep't by the Subjects for Preservation of the Kings Majesty the Religion Laws and Liberties of the Kingdom or for the publick Good either of Kirk or Kingdom are false and Disloyal and contrare to the true and genuine meaning of these Acts. Which Statute is a clear decision against Buchannan finding that the Statutes that were prior to his time and all other such general Statutes made in favours of the King did formerly strike against his Principles and Distinctions As also to preclude all avenues to Rebellion by teaching defending or encouraging others to Rebel upon these pretexts as the former Act declared that actual rising in Arms was Rebellion So by the 2. Act Sess. 2. Par. 2. Charles 2. It is declared Treason for any Subject to maintain these positions viz. That it is lawful for Subjects upon pretence of Reformation or any other pretence whatsoever to enter into Leagues or Covenants or to take up Arms against the King or any Commissionated by him 2. All the Arguments formerly adduc'd against the power of the Subject to punish his Person do fully prove likewise that they have no power to rise in Arms against him For either the collective Body of the Subjects are Superior to him and if so they may not only rise up in Arms against him but they may punish him but if the King be Superior to them as has been formerly prov'd then it cannot be lawful for Subjects to rise up in Arms against him no more than it is to punish his Person Nor can I see how all such as declare for a Defensive War are not to be concluded guilty of designing to Murther the King for if the King come in Person to defend his own Right as certainly he will and must can it be thought they will shoot at none least they kill him and if they shoot how can they secure his Sacred Person and if they kill him in the Field are they less guilty of his Murther than these Russians who lately design'd it Or doth it lessen the guilt that these design'd to kill him alone privately whereas our moderate men will in face of the Sun and with display'd Banners against God and him kill with him all such as being perswaded that they are obliged before God to assist him expose their lives for their duty 3. That dangerous though specious Principle of defensive Arms is inconsistent with that order of Nature which God has established and which is absolutely necessar amongst all other humane Relations and by the same Analogy by which we allow Subjects to rise against their Prince we may much more allow Children to rise against their Parents Servants against their Masters Souldiers against their Officers and the Rabble against their Magistrates for the King does eminently comprehend all these relations in his Soveraignty as inferiour Branches of that Paramount and Monarchical power And what a glorious state should mankind be left in if Anarchy were thus Established and every man should be invested with power to be his own Judge Or dares any reasonable man assert that this is fit to be allowed in the present condition of Mankind for since the generality of men can scarce be contained in their Duty by the severest Laws that can be made what can be expected from them when they are loosed from all Law and are encouraged to transgress against it If the multitude could prove that they were infallible and that no oppression could be expected from them some thing might be said why we might ballance them with authority But since both Reason and dolefull experience teach us that generally the multitude consists of Knaves and Fools who alter not to the better by Conspiring together nor become juster for being led by such ambitious and discontented Spirits as ordinarly lead on Rebellions It is safer to obey those of the two fallible Governours whom God hath set over us and whom the Law tyes us to obey and to whom also we are bound by the Oath of Allegiance especially seing thus we may probably expect that they will be more careful of us as being their own than meer Strangers who use us only for their own Ends. And at the worst in the King we can have but an ill Master whereas in allowing Subjects to usurp we may fight to get our selves hundreds of Tyrants and these two fighting against one another so that we shall not even know which of these Devils to obey The Arguments that can be adduc'd to justifie this Principle of Defensive Arms are almost answered in the former Article viz. That there is a mutual Obligation betwixt King and people so that when He breaks the one they are free from the other and that all Government is Establisht for the advantage of the People and thus these few Arguments peculiar to this Point remain now only to be here solv'd 1. That self-defence is by the Law of Nature allow'd to all and even to Brutes why then should men who may lose more who deserve better and can use self-defense more innocently be debar'd from it 2. We see in Scripture that the people deserted and oppos'd their Kings for Religion 3. This has been allow'd with us in the instance of King Iames the third against whom his Subjects rose in Rebellion for Mis-governing and oppressing His people and this opposition was first justified by God in the success he gave to their Arms and thereafter by a special and express Act in the ensuing Parliament which stands yet unrepeal'd To which I shortly answer that as to the first of self-defense in Brutes we must still remember that God having design'd Government to bridle the Extravagancies of restless Mankind he has appointed Magistrates to be his Vicegerents and Representatives and has entrusted them with his power and so opposition to them is unlawful because it is not lawful against him and because if it were allow'd all would pretend to it and so there should be no Order nor Government And that this may be the better observ'd God has endowed man with