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duty_n child_n master_n wife_n 2,782 5 6.2775 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A85885 An exercitation concerning usurped powers: wherein the difference betwixt civill authority and usurpation is stated. That the obedience due to lawfull magistrates, is not owing, or payable, to usurped powers, is maintained. The obligation of oaths, and other sanctions to the former, notwithstanding the antipolitie of the latter is asserted. And the arguments urged on the contrary part in divers late printed discourses are answered. Being modestly, and inoffensively managed: by one studious of truth and peace both in Church and state. Hollingworth, Richard, 1607-1656.; Gee, Edward, 1613-1660, attributed name. 1650 (1650) Wing G449; Thomason E585_2 84,100 90

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praestituros utrique obligantur quod suj est officii fideliter facere et si defecerit altera pa● à suo o licio ita ut neque Rex solutus sit a suo iuramento si subditi debitum obsequi● non praestiterint nec subditi suo si Rex a ●ustitae tramite dest x●rit D Sanders de Iurament oblig praelect 4. Sect. 8. or breaking whereof he should enjoy or lose his dignity there are no such capitulations made either with him personally or with any of his predecessors to be alledged they are inconsistent with the Supreame Power entrusted with him The truth is it is a weak error though somewhat apt to possesse the minds of unconsidering men that in those estates of life ordained of God for the help of man wherein there is a mutuall relation and answerable offices to be performed as of Magistrate and Subject parent and childe husband and wife Master and servant where there is a departure from duty on the one side there is a cessation of the debt of duty on the other If this were so it were a frivolous thing for men subject to corruption to contract any relations and there would be no place left for the exercise of gentlenesse patience charity betwixt relatives nor for the inferiors passive obedience in case of innocencie but this is directly contradicted by that of the Apostle Peter 1 Pet 2.18 19 20. and those rules of the Apostles Rom. 12.17 1 Thes 5.15 1 Pet. 3.9 There are indeed some particular cases wherein the beneficiall duty of those relations is expireable as is that of the married in case of adultery that of parents when their children are rebellious un●e●cla●mably that of Magistrates towards a Subject capitally offensive But such particulars are warranted by Scripture otherwise wherein God hath not given a discharge man may not Now let any case wherein the Subject is dis-engaged by Divine Warrant upon the Magistrates mis-administration be produced and made out to extend to the point in hand and it will be yeelded But this is yet to be done But I go on to another passage of the Author In the same Chap Sect 7. he hath these words Now I shall endeavour to shew how a man may take an Oath from an● just invading party contrary to those Oaths which perhaps he to●k fl●s● from the just party who p●ssibly brake no conditions with him This his undertaking he prosecutes in Sect 10. where he saith thus I conceive but two wayes of taking such opp●site Oaths To take an Oath in contradiction of a former Oath is so high a matter that the way to it had need to be very clear and it can be no way allowable save one that is when the former Oath ceaseth to oblige let us examine therefore whether his two wayes fall under this ●ne● When it is in a thing wherein a man may justly presume that the right party for a time releases him of his former Oath or duty to him 1. The swearers presumption that the partie sworn to doth release him from his former Oath un●esse he hath actually released him and declared so to him is unto him no dis-obligation there can be no just presumption of such a releasement without such an antecedent act of the same party without it evidently appearing it is but a groundlesse presumption and highly impious if it carry on to the taking of an opposite Oath the content of the party 〈◊〉 to being not passed o● made known to him this presumption is but the swearers own act and his own act cannot di●charge him what is it that must be the ground of this presumption The obliged persons perswasion of the equity o● reasonablenesse of the thing that 's but his own judgement the party he is bound to may haply judge otherwise however it is at the best but a probable not a certain ground to conclude upon that another doth a thing because it is just and that the party thereupon consents to a release is but his own fiction till he hath so exprest himself to him This were an easie way of escaping out of any promissory oath to man and would be ordinary if it would hold for men would be apt to induce themselves to beleeve an expediencie and justnesse of an absolution from the party when their oaths pinch them in the performance but this presumption is but a superficiall device 2. The party sworn in the case in hand standing upon his title preventeth this presumption and plainly declareth the contrary 3. In the Solemne League and Covenant the party sworn to as before hath been manifested is not the King Dico relaxationem istam in juramentis faederibus pacti alusque contractibus humanis locū habere non item in votis ratio discriminis est quia vota Deo fiunt ut parti ab homine autem ea sola rel●xari fas est quae homini facta sunt D. San● de jurament oblig praelect 7. Sect. 8. but the people of all ranks within the three Kingdoms entring into the same Covenant and how can they be presumed to release one whilest they hold themselves bound by it 4. The Protestation of the 5. of May 1641. is a Vow now Divines resolve that though an Oath may be cancelled by the party to whom it is made yet a Vow no man can remit because it is made to God as the party and no man hath to do in altring the right wherein we are bound to him The things therefore concerning the Government included in that Vow cannot so much as be pretended to be unloosed by this way 2. His other way he thus layes down A man cannot by Oath be obliged further to any power then to do his utmost and the Oath is to be understood conditionally if the action or passion may be for that Powers advantage In an Army each man being obliged by Oath to lose his life for the Prince rather then turn back or avoid any danger this Army having done its utmost is beaten and now the Souldiers can do no more for their Prince then dye in these straights therefore it is not repugnant to their Oath to ask quarter or a new life and having taken it they are bound in a new and just obligation of fidelity to those whom they were bound to kill few houres before They who live under the full Power of the unjust party may be said to take quarter and to be in the same condition with the former and so have the liberty to oblige themselves to that which the Prince now cannot but expect from them viz to swear to those under whose Power they live that they will not attempt any thing against them All that this amounts to is it is praeter non contra prius juramentum and as the condition which is the ground of this promissory Oath is such that it is impossible for a man in it to advance his parties cause so it is impossible for him to be