Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	child_n	father_n	son_n	7,317	5	5.5737	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50351	Sacro-sancta regum majestas, or, The sacred and royal prerogative of Christian kings. Wherein sovereignty is by Holy Scriptures, reverend antiquity, and sound reason asserted, by discussing of five questions. And the Puritanical, Jesuitical, antimonarchical grounds are disproved, and the untruth and weakness of their new-devised-state-principles are discovered. Dei gratia mea lux.	Maxwell, John, 1590?-1647.	1689 (1689)	Wing M1385; ESTC R217399	195,288	341

grounded upon a good cause for proof see Bellarmin de translat Imper. and Suarez in his Book which we have often cited in this little Treatise It is easie to bring a great many more Arguments to destroy this erroneous Tenet pernicious to mankind it self onely because we are weary of it give me leave in the Close to shew you that it is morbus complicatus a Disease a Distemper made up of the confluence of many together and that it hath involved within or adherent to and coherent with it a great many Absurdities contrary to Truth in Sacred Scripture revealed to sound Reason and Policy I shall onely point at them and leave the enlarging of them to the judicious Reader 1. First it is absurd to say and maintain in true Philosophy that the Community is primum subjectum the first Seat and Subject in which Sovereignty is immediately fixed How can it be said so seeing in them it was never found never actuated never exercised Vana est potentia quae nunquam reducitur in actum 2. Next this Principle presupposeth the most excellent of Creatures Men to be like Cadmus off-spring de terrâ nati sprung out of the Earth Iuvenes aquilone creati or which is worse in origine like to the most imperfect of living Creatures Animalia de putredine orta Creatures coming from Corruption it self which Paradoxes how well they sute with the Excellency of humane Condition and which is more with the Goodness and Wisdom of God in the Creation of all and lastly how consonant to sacred Truth in Scripture revealed if these be well considered then I am hopeful our new Statists will forsake their Errour 3. Thirdly this Tenet of our Sectaries presupposeth that all men coming into the World are Iure or privilegio naturae by the Right and Priviledge of Nature originally born equal independent one from another without desparity or Difference one from another This is contradictory to the word of God that teacheth God did fix Government in Adam before the Woman was made or Children begotten by him Is not every one that cometh into the World begotten of a Father Is he not thus by the Law of God and Nature to submit and subject himself in Reverence and Obedience to his Father Is he not then so far from having original Power inherent in himself that he hath not his own Original being in the Capacity of Nature but from his Father How then can he be freed from Subjection to his Father And if his Father be subject to another is he not by the same Law subject to his Father's Superiour Who can make this Subordination void except he will ranverse the Ordinance of God and Nature Where then is the Truth of this deceiving Maxim which worketh so much mischief Quisque nascitur liber every man is born a free-man in the Forrest Are they not subordinate subject to their pre-existent Father and to his Superiour too if he have any Is not the Female Sex by the Ordinance of God and Nature inferiour and subordinate to the male Doth not Nature teach that the Wife by the Law of Nature is subject to the Husband If you will believe Aristotle in his Politicks he telleth you that a man of weak Understanding is subject to him who is more intelligent and prudent and if I forget not that he is naturâ servus 4. Fourthly this ground presupposeth Anarchy to be de facto pre-existent really and actually before Order and Government Christians must believe that as God created all things in numero pondere mensurâ in a compleat Perfection of all things every Creature having its own intrinsecal Weight and Worth not only in it's own due Proportion and measure but in a measure orderly disposed for it's Accord and Being with the Universe and must believe accordingly that he hath disposed of all things in that Order which establisheth an unrepealable Government by which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the whole Universe and every spece and individual in the Universe is preserved and continued in it's happy natural Being Who then can be so stupid to think that God Almighty sends man in the World destitute of this Order and Government which is necessary for the happy Being of the Abridgment of the World for whom it was made in a secondary respect If the whole world without this Order could not but return to a confused Chaos and Mass and from thence to an Annihilation what other can be the Condition of Mankind without order established to preserve it See Chrysostom's Testimony upon Rom. 13. cited above If they will speak philosophically they must confess Habitus est naturâ prior privatione the Habit in nature is presupposed to be existent before the Privation How come we then from our new-state-Philosophers to hear that Anarchy was in Nature was in the world before Government 6. Fifthly by the same Ground by Consequence it will as necessarily follow that Ius paternum jus maritale the lawful Authority of a Father over his Children and a Husband over his Wife are derived from the Children and Wife and that Children and Wife in some cases may resume their Power derived from them and their native Liberty If any aver so he is Flagris dignus to be cudgelled not to be answered 6. Sixthly this Tenet if it be not blasphemous it is certainly sacrilegious for to say that Power is radically originally fundamentally inherent in the Community or as the observator saith that in the people is an underived Majesty robbeth God and Christ of his Glory Scripture declareth them to be the immediate Authors of all Sovereignty Glory and Majesty as we proved above Doth not Scripture express the immense Sovereignty of God and Christ over the World and Church by the Compellation of King If you will have Kings then to be the Derivatives of the People take heed you make not God and Christ the Derivatives of Derivatives which any pious mind will be loth to think 7. Seventhly when the King 's Right is made to be such that the same Sovereign Power is habitually retained in the People and the Power in some cases is resumable How can you make the King's Title complete Law is against it when the Donor is dans retinens as Jurists speak giving a right yet retaining it he maketh not over a full and entire Right nor can the Donee lay just claim to it It is a maxim without Exception among them Nulla obligatio consistere potest quae à voluntate promittentis statum accipit the Donor is not tyed to make his Bond and Gift good if at pleasure he may resume it as we spoke before 8. Lastly leaving many Absurdities more untouched in the last place we place it which in our Judgment moveth us most to abhor it that you which believe this Tenet must either give us new Bibles or find out new Commentaries to the Bible for what you say is right down opposite and contradictory to

cannot repeal it By Scripture then and Antiquity it is clear that the interposed act humane whatsoever it be whether Election Succession Conquest or any other lawful way doth not collate the Power but design or declare the person and letteth not the Power to be of immediate Collation from Almighty God as when the Church designeth or declareth a man for a sacred Function it is God only who bestoweth the supernatural Power Faculty and Ability Or it is in some case like to that when our King sendeth the honourable Order of the Garter to a Duke or Prince abroad by the hand of a Gentleman the Gentleman intimateth it to the person honoured but the bestowing or collating of the honour is from the power of the King the sole and proper Fountain of that Honour Let this suffice to remove their first scruple we come next to examine that which both Jesuit and Puritan make much of that is A private and individual Person may make away his own native and proper Liberty and enslave himself to a Lord and Master from hence they conclude Ergo a Community or Multitude may surrender their own native Liberty to one or more to rule over them See Bellarmine pressing this Argument lib. de Laicis cap. 6. and Suarez lib. 3. defens Doctr. Orthod cont Sect. Anglic. If we would grant all this yet this much we will gain that as a singular Person when he hath made away his Liberty to another he cannot resume it no although he hath made his bargain in a hard condition disadvantageous to himself then although we give that their consequence is good which we will never grant it will by as necessary consequence follow that when the People have devested themselves of that Power naturally inherent in them and invested one or more with it they cannot resume it no not though they have made it to their own disadvantage It may be they will tell us Argumentum à simili in dissimili non concludit that an Argument built upon a Similitude concludeth not in the point of Dissimilitude We will yield to them this with both our hands and upon the same ground we rejoyn that there is a wide disparity and difference betwixt the two 1. First because it is certain Nemo nascitur naturâ servus None by Nature cometh in the World in the condition of a Slave Nature in this is equally Indulgent to all But on the other side it is as true Nemo nascitur liber ab Imperio No man is born in that condition to be free from Government but with his natural Being cometh into the World subject to some Every man is born subject to his Father of whom immediately he hath his Existence in Nature and if his Father be the subject of another he is born a Subject to his Father's Superiour 2. Next there is another great difference Every man by Nature hath an immunity and liberty from despotical and herile Empire and in this may say Possum facere de meo quod volo I have this privilege by the Law of God and Nature that I am enslaved to none and consequently without his own voluntary act making away this native and natural liberty he cannot be devested of it and in his bargain and covenant may more and less enslave himself but on the other side God and Nature have laid a necessity upon all men coming into the World subesse imperio to be subject to Government Again because this Government this Empire this Sovereignty cannot protect us sufficiently to make us enjoy the sweet fruits of happy Government Peace Righteousness Plenty Godliness and Honesty except it be entirely endowed with Sovereign Power to act its Duties preserve it self protect us Almighty God as he investeth the Sovereign with entire Sovereignty so hath he set the bounds of it defined it otherwise such is the corruption and natural repugnancy of every one to it that forthwith it should be rent in pieces It is accidental to any to render himself a Slave it is occasioned either by Force as when one is taken by an Enemy he is Mancipium Servus or otherwise some extreme necessity and indigency forceth one to enslave himself to sell his Liberty to redeem him from Debt Death or any ignominious and intolerable condition to state himself in a more tolerable one In brief it is some supervenient necessity that forceth man to make away his native and natural Liberty à servitute but subesse imperio to submit and subject to lawful Government congruous to the condition of man and necessary and convenient for the happy Being of man is natural is necessary by the inviolable Ordinance of God and Nature This answer to their second Sophism cleareth the sense of their Maxim so much cryed up and so much abused Quisque nascitur liber every one is born a free man that we need not insist much upon it yet to make the general sense of the Maxim appear and to discover their adulterate and bastard sense we say it is most true that Quisque nascitur liber à servitute Every man is born a free man from slavery but Nullus nascitur liber ab imperio none is born exempted from the subjection of lawful Government without a subordination and subjection to a Superiour Christ as man was not exempted from this It is recorded in Scripture Luke 11. 51. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He did subject himself to Ioseph his putative Father and Mary his true Mother the word in the original is the same which the Apostle useth Rom. 13. 1. commanding obedience and subjection to Higher Powers It were very fit our opposites would consider what Power the Father had over the Children by the Law of God and Nature that to redeem himself from Debt from any distressed state and condition he might have enslaved his Children begotten of his Body If this Power was not by the right of Nature by the warrant of God I can see no other for it could not be by a mutual and voluntary act of Father and Children To shut up all in few words give me leave to put you in mind that the Stoicks observe three Notions of servitus of Service and Subjection 1. The one is when a man contrary to native and natural Liberty is made a Slave to a Lord or Master this they call servitutem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a man hath power to command use dispose another man's Person as his other Goods at pleasure for this cause the Scripture standeth not to call a Servant his Master's Money 2. The other is when a man's Person is confined or committed that he is deprived of living at liberty as he lists as Criminals or Debtors this kind of servitude they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when the liberty of going where we will or doing what is lawful at pleasure is taken from us 3. The third is a Servitude as they call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 consisting in Subordination in

yet meet in a strange Land or some Territory not inhabited this case presupposed I demand Whether or not this Populus inconditus would not condescend presently and necessarily to some Sovereign Power to govern and protect them who can deny it Again if all these were descended from one or sprung up from one root and their common Father were with them would Nature Equity and Humanity necessitate them to submit to him and that from him it should be hereditarily transmitted to his first-born and so forward who doubteth of this Well I change the case take them not onely as inconditus populus a disordered People which is conceivable where a Head is but as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without one common Ruler that is when they are a farrago Naetionum and diversarum familiarum a confused mixture of more Nations more Families when they have not one common Father If they condescend that one shall have Sovereign Power over all and so by consent shall be surrogated in the place of the common Father and that this Sovereignty shall be transmitted to his eldest Son and so forth From whence is this Power Necessity forceth them to a Government without it they can have neither Society nor Safety nor Peace nor Happiness but all their part is onely to design or declare the man which is onely potestas designativa potestas deputativa but the Power is onely from Almighty God the potestas collativa the Authority the Sovereignty is of God from God God's The reason is evident the Substitute must have it by the same hand by the same means he had it in whose place he was substituted By what is said he cometh in the place of a common Father and the Father's right is immediately from God and of God I am ashamed to resume again that the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the eminent Powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ordinances the authoritative Establishments of God no less than the Authority of a Father above his Son or of a Wife above her Husband is of God and from God immediately and do not refer to the Wife or Children as their immediate Donor and Author God hath spoken once twice have I heard it that Power belongeth to the Lord Psal. 62. 11. If you love to hear St. Chrysostom speak read his words in a proper place upon Rom. 13. where he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The sum and sense of all is this Because paritie in Honour and Power always worketh War and Contention God to prevent this Mischief hath ordained many kinds of Powers and as many kinds of Subjections as the man to have Power over his Wife a Father to have Power over the Son a King to rule and Subjects to obey And this is not only apparent amongst men but also in the very body of every man where some members are superiour to other in Worth and Power to command the Inferiour This established Order hath place amongst irrational Creatures as Bees and Cranes do follow one Flocks and Herds do the same In the Sea this is to be seen where many Fishes do follow one as King war with him against others and go following him to places far distant from home Anarchy the want of Order and Government is altogether and always evil the Mother and Cause of all Confusion and Mischief The Result of all is Government is necessary as for the Subsistence of all Creatures so especially for the good and comfortable Society of men This is not left arbitrary to men but is by the inviolable Ordinance of God established Now if it fall forth so that a multitude disordered dispersed by any unavoidable Necessity be without Government nature over-ruled by Gods inviolable Ordinance forceth them to submit and subject to some to govern them and to have Sovereignty over them whether they resolve upon one upon some few or many The Designation of the person or persons is from this disordered rout but it is God who investeth them with the Sovereign Power We clear it thus as Posito generationis fundamento when a Father begetteth a Child consequitur ex ordinatione divina institutione vel naturali vel morali subjectio filii ad patrem it is necessary by the inevitable Ordinance of Almighty God that the Son begotten be subject to the Father So it is by moral divine Institution that when any People have deputed and designed the Person or Persons of the Government or Governours the Collation and Donation of this Power and Sovereignty is from God effectivè effectually and from the Community but consecutivè because consequitur ad electionem populi ex divina ordinatione collatione it followeth and is inseparably conjoyned by God and his Appointment Take the like A woman marriageable in her own Power maketh choice of a man to be her Husband her Choice and Consent giveth not to him marital Power but this Right and Prerogative of the Husband is from Almighty God for who dare say that in the woman is primarily and radically marital Power Consider yet a little more the King elected to be a Sovereign to such a headless a disordered Multitude as we presuppose is surrogated in the place of a common Father to the whole Community over which he is to bear rule The Scripture expresseth him so Exod. 20. Command 5. Honora patrem Honour thy Father The Heathen conceived it so See Aristotel Ethic. lib. 8. c. 10. and Polit. lib. 1. c. 2. Homer Odys 1. from which two Consequents unavoidable are deduced 1. First as the natural Father suppose that Adam were living had he not just Title to the Monarchy of the World receiveth not any paternal Right Power or Authority from his Posterity or those are come of his Loyns but hath this from God and the ordinance of Nature which is jus divinum as we have said no more can the Father surrogated in the place and power of the natural Father he said to receive his Right his Power his Sovereignty from the Community 2. The second Consequent and Consequence is that according to the maxim of the Law Surrogatus gaudet privilegiis ejus cui surrogatur and Qu● succedit in locum succedit in jus the Person surrogated hath all the Power the Priviledge the Person had Right to in whose place he is surrogated When a man hath no Son by Nature or Issue of his own a Son adopted is entituled to all the Right Power Revenue was transmissible to a Son begotten of his own Body A base born Son legitimated is invested with all the Right Title Honour Inheritance was due to a lawful begotten Son The reason is evident is pregnant both the one and the other the adopted Son and the base Son legitimated are surrogated into the place of the lawful and natural begotten Son Why then I pray you shall not should not the surrogated Father by Election enjoy the Priviledges and