Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	law_n	right_n	3,390	5	7.1155	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40710	The grand case of the present ministry whether they may lawfully declare and subscribe, as by the late Act of vniformity is required and the several cases, thence arising (more especially about the Covenant) are clearly stated and faithfully resolved / by the same indifferent hand ; with an addition to his former Cases of conscience, hereunto subjoyned.	Fullwood, Francis, d. 1693.	1662 (1662)	Wing F2505; ESTC R21218	59,550	206

the King and Parliament have practically improved the said distinction I presume in order to such Brethrens satisfaction and have indeed made a material alteration in the said Government by taking off the high Commission and the Oath ex officio by Law and yet established the Government it self CASE XVI Whether the Covenant be not against the Liberty of the Subject in this particular and therefore sinful in its matter Resol 1. AFter the Bishops were thrown out of their places in the House of Lords we might yet respect them as well as the rest of the Dignitaries in the Church as the Kings Subjects and to have an interest in the freedom of the Commons Now in this capacity we shall find the Covenant was very injurious to them even as Subjects and freemen and consequently it tore up the very foundation of the liberties of the people and in the destruction of one society threatned all 2. T is well known that the Governours of the Church were in possession of their several freeholds when the Covenant was voted to destroy them which their predecessors had enjoyed many hundred years without any interruption considerable 3. The number of these Subjects was not small their manner of living and governing in so many famous Corporations and Colleges was more then vulgar They had a considerable interest in the Lands of the Nation and much people being related to them and more depending on them and their great hospitality were concerned in them and fell with them 4. Yea it is declared by sundry Acts of Parliament that the holy Church of England was founded in the state of Prelacy within the Realm of England 5. And no wonder that this Crown of England is so much concerned for it and that the Kings of England at their Coronation swear they will grant confirm and keep all the Customs and Priviledges of the Church granted by King Edward and expresly to Bishops all Canonical Priviledges and that he will be a protector and defender of the Bishops Yet notwithstanding their number their Relations their Freeholds their Interest and Continuance notwithstanding the Acts of Parliament and the Royall Oathes yet was their Extirpation sworn by the Covenant imposed without Law or the Kings Consent and passed in the Parliament when the persons the many Corporations in the Land concern'd had none to represent them in the house of Lords or the house of Commons contrary to the excellent Constitution of the Nation and the Liberties of English men 7. Thus unjustly have they suffered nigh 20. years together and shall we yet think our selves bound by a Covenant that was at first laid in the subversion of our English Freedom to prosecute their Ruine 8. Especially against the Graine of Authority the current of the Laws and in an Age so zealous to fulfil the Prophesie of Dr. Featly who at their lowest askt this question How know ye whether Episcopacy may not be revived and raised up again by future Acts of Parliament in times as well affected to the Clergie as these are ill 9. For the Rights of Episcopal Government are again confirmed by King and Parliament and they that have places therein have as clear a title thereunto by Law as any other Subject hath to his temporal estate and how can a Covenant binde us to injure others who are first obliged by God himself to walk honestly 10. Here I humbly offer whether the King himself can be bound by Oath to destroy his people or any society or person of his Subjects especially out of his Parliament and when he is according to his Oath and his Office if he should never take his Oath bound to do Justice to all according to Laws already made the true measure of all mens Rights Salus populi hath a Supremacy over the King at least the King of Kings hath so who hath first obliged him to distribute Justice and preserve the Rights and Liberties of his people impartially and without respect of persons 11. We are sure the last King of ever happy Memory did not consent to the Covenant or if he had he was first bound expresly to the contrary by his Coronation Oath to defend the Bishops and maintain their Canonicall priviledges 12. And in the behalf of the present we may be bold to say the Parliament imposing the Covenant onely by an Ordinance which lost its force at their dissolution at his Fathers death he could not confirm the Covenant by any Act of his without a Parliament and the former Ordinance ceased with the former Parliament and the Petition of Right tells us that it is contrary to the Liberties of the Subject to have an Oath imposed without an Act of Parliament and much more so if against the Freeholds and the very being of so many famous Corporations in the people of England 13. The King is bound to Right but cannot be bound to wrong any of his Subjects any such obligation is void of it self for the Oaths of Kings must also have the condition so far as lawfully we may who are accountable to God though not to man by whom they are intrusted with the good of their Subjects and to whom they have sworn 14. Therefore David when he had made a rash Oath that he would slay 1 Sam. 25. 32. Nabal and all his Houshold rejoyced when he had occasion offered by Abigail to break his Oath and though he sware to Shimei that he would save 2 Sam. 19. 23. his life yet as if upon better advice he had found that that person had deserved to die and been convinced that it was expected from God that Justice should be done he commanded his Son Solomon to put him to death and doubtlesse it had been better for Herod to have saved John Baptist though he had broke his Oath and lost his Reputation in some measure with the people 15. Especially if through fear or any other temptation the King should be thus prevailed with to promise or swear to injure his Subjects The Case then is as if a man under threats of a Robber should swear to bring him his Neighbours horse 16. Now whether the thing sworn in fear and under temptation be unlawfull and unjust or not must be judged by the Conscience of the partie sworne 17. Whence may issue two Cases with respect to the time when the Oath is made and when it is to be performed But one answer doth serve them both for when the Conscience dictates the thing sworn to be unlawful it will rule the Case if a man sweares for fear against his Conscience his Conscience being Gods Vice-gerent within him he sins against God in swearing God by his Conscience having the first Obligation upon him And if he should perform his Oath against his Conscience he fins twice first by doing evil and secondly by keeping his evil Oath For as the Right Reverend Bishop Sanderson concludes this very case such Oath doth not bind against Conscience 18. The Author

lawfulness 4. Had a private company of persons entered into a private League among themselves to endeavour to extirpate Episcopacy it had not been neer so dangerous nor their endeavour to perform it in likelihood so open and seditious and destructive to the publick 5. But so great a body made up of Members of all sorts but the head to guid them and warrant their Actions and all engaging by a Solemn publique Oath to their power in their places with their Lives Estates as the Covenant expresseth it to extirpate the Government of the Church I cannot but witness that indeed here lay the Eminency of Sedition Hence a Lawyer in his place is sworn to plead a Member of Parliament to Vote a Minister to Preach a Souldier to Fight a Country-man to Contribute and all to their power and with their Lives and Estates and the utmost hazard of them against that Government though established by Law against the expresse minde of the King and though also the power imposing were in actuall Armes against the King even when they imposed it and the people took it 6. Thus every one as related to the body was an Actor in every ones part and no doubt every one that did but contribute as a Covenanter did Counsel Vote Preach and Fight against Law and Government not to say the King 7. And if any person that was then zealous for the Covenant would speak freely he would easily resolve us that he meant more when he took it then to endeavour in his place in Master Crofton's and the Authour of the Covenanters pleas's Modern sence 8. Indeed the work and businesse of the Covenant as all ingenuous Covenanters must needs confesse and be humbled for was too too apparent to be this viz. to engage the Nation to extirpate Episcopacy and to endeavour in such a manner as though they knew the King would not consent at present yet vi armis they would force him to it or at least do it without him 9. Nothing can be more clear though nothing can be more sad and doleful to remember if the primitive meaning of the words in our places in the Covenant was any thing at all it was onely to keep the people from turbulency and confusion among themselves and not at all to hinder them from rising up in Armes against the King and his Army or at least the Kings Army the visible way they took to performe their Covenant and extirpate Prelacy 10. But I take no delight to recover the memory of these things as the Law hath pardoned them so I hope my Brethren have seen the folly and madness and sin of them and are truly ashamed to remember them I also crave pardon of my Reader for the mention of them with this true Apology that my Argument forced me to it But we will leave the fact and inquire after the jus viz. CASE XIX Whether the two Houses without the King could bind themselves and the people of these Kingdoms with an Oath to endeavour the alteration of Church-Government Resol IT will easily appear they could not by a few Propositions 1. The King is caput communitatis and no Act can passe or Law be made to bind the people without his fiat the Laws are therefore called the Kings Laws and said to be Enacted by the Kings most Excellent Majesty indeed not without the Consent of the Lords and Commons and the Authority of the same The Excellent Bishop so often mention'd concludes and proves at large the power Legis-lative to be a power Autocratical and gives a sad memento to some that the wild notion of Co-ordinate power is a Ridiculous Invention and that such as received it by this gross Sophisme became guilty of the foulest perjury for by it they Acknowledge and constitute a power equall to him in the Kingdome whom in expresse terms they have sworn to be the onely Supream power in the Kingdome Secondly the King is the Fountain of all Justice as well as Law as the Law it self acknowledgeth and hath the execution of the Law first in himself from whom all Officers as subordinate derive their very Office as well as power of execution Thirdly The Government of the Prop. 3. Church cannot be altered except the Laws be alter'd nor yet without Vncommissioning the Kings Officers as all Ecclesiasticall Governours are Neither of which may lawfully be done without the King Therefore Fourthly The altering Prop. 4. of Church-Government both as it requires a change of the Law or an Vncommissioning the Kings Officers est res quae Regis potestati subijcitur in a very high and eminent manner and by fair consequence according to the Rule held undisputable by all Casuists neither Parliament nor people nor both together can be bound to endeavour the Alteration of the Government of the Church without this Condition Si Regi etiam placuerit if it shall also please the King Which pleasure of the King to alter any thing setled by Law must not be in private or in a private manner expressed but in a Regal Act when his two houses present him with a Bill to that purpose otherwise the Laws are still the same and our Obligations to them especially for the ratifying any Act or Vndertaking of the Parliament as the Case is here But all the world knows this was never done and thereupon according to the Rule the Obligation of the Covenant ceas'd immediately No Act of one Parliament can bind Prop. 5. all future Parliaments not to meddle with any thing that is within the power of Parliament such an Act as before was shewed is void in it self much lesse could that Ordinance of Parliament about the Covenant survive that Parliament and supersede the power of all future Parliaments to restore and establish Episcopall Government Neither could they bind themselves or the people absolutely and for ever thus to endeavour without breach of the priviledges of all future Parliaments without this Condition if they should also like and approve it and that such endeavours should never be forbidden by King and Parliament in any future Law to the Contrary but that is now done datur irritatio Juramenti and the Covenant is voided in that point Thus we are at length got over the great stone of stumbling the Obligation of the Covenant onely a weak mistake or two about this part of the declaration remains to be discovered and we shall passe on Obj. It is said that many things in the Covenant are Morally Good and how then can we abjure it Answ 1. My Dear Brethren pray spare such hard words you know the word Abjure is not in the Act And therefore should not be used by men of Conscience to the trouble of their Brethren and the more ignorant or inconsiderate part of the people 2. We are not called to swear at all much lesse to Abjure or Vnswear as some too scornefully yet too frequently as well as falsely love to speak which