Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	common_a	nature_n	reason_n	4,591	5	4.8578	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26065	Evangelium armatum, A specimen, or short collection of several doctrines and positions destructive to our government, both civil and ecclesiastical preached and vented by the known leaders and abetters of the pretended reformation such as Mr. Calamy, Mr. Jenkins, Mr. Case, Mr. Baxter, Mr. Caryll, Mr. Marshall, and others, &c.	Assheton, William, 1641-1711.; Calamy, Edmund, 1600-1666.; Baxter, Richard, 1615-1691.	1663 (1663)	Wing A4033; ESTC R4907	49,298	71

it ought to be considered that such men see nothing but the outward appearances of what passes in humane negotiations and so there may many circumstances lye hidden from them which would make them think or with otherwise if they knew them As for example home-discontents and forein conspiracies which if understood would make these honest men preferr a war after which there is to follow a peace far exceeding the present quiet and such a one as deserves the intervening disturbance and damages And indeed I allow these men understand not such mysteries of State nor penetrate the value of the hazard But if they do not why are they not also exempted from engaging on those motives and then the rest of the Common-wealth will be but so many private men who must follow the common Again if they think themselves well they manifestly consent to the present Government and therefore cut off the title of the dispossessed Governour Besides who can answer they shall be better by the retu●…n of the dispossessed party surely by common presumption the gainer is like to defend them better than he who lost it But what if an open Enemy should come could or ought the Subjects joyn against him with their new Magistrate If not the whole publick must perish If they may then the case is the same against their old Magistrate since his right stood upon the common peace and that is transferr'd from him to his rivall by the title of quiet possession The Authority of Lawyers insufficient in this Question NO Laws made by the power or agreement of men can judge betwixt Subject and Soveraign in dispute of the common good and Government but only the Tribunals of God and Nature or Divinity and the science of Politicks And therefore the maximes of Law have no force in these questions Now if Princes lose their pretences by the force of Nature it is ridiculous for private men to build hopes upon rotten titles of ages long passed upon weak maximes of Law after Nature by her revolutions hath cast all Law and moral acts and agreements NOw as the malignity poyson of these anti-monarchical assertions render this Author a very unfit Prescriber of political Principles rules of government subjection to the rest of mankind so circumstance of their writing Publication they being published when Cromwell was in possession of the Government and the King dispossessed and in Banishment makes them look so like a publick disswasion of the People to endeavour the restauration of his Majesty who by his Principles ought to have renounced his title to the Government that we leave it to the World to judge whether such a man unless he repent and renounce these wicked assertions be worthy of his Majesties protection being restored to that Government to which he affirms that the Subjects ought not to endeavour to restore their Prince being once though never so unjustly dispossessed Out of Bishop Bramhall's Book against Mr. Hobs call'd The Catching of the Leviathan THE Obligation of a Subject to the Soveraign lasteth no longer than the power by which he is able to protect him Bramhall p. 517. When in a war forein or intestine the Enemies get a final victory so as the forces of the Common-wealth keeping the field no longer there is no protection of Subjects in their Loyaltie then is the Common-wealth dissolved and every man at liberty to protect himself by such courses as his own discretion shall suggest to him p. 517. He that hath no obligation to his former Soveraign but that of an ordinary Subject hath liberty to submit to a Conquerour when the means of his life is within the guards and garrisons of his enemy for it is then that he hath no longer protection from him And concludeth That their total submission is as lawfull as a Contribution p. 518. That they who live under the protection of a Conquerour openly are understood to submit to his Government And that in the Act of receiving protection openly and not renouncing it openly they do oblige themselves to obey the Laws of their Protector to which in receiving protection they have assented p. 518. If the Common-wealth come into the power of its enemies so that they cannot be resisted he who had the soveraignty before is understood to have lost it p. 517. Security is the end for which men make themselves subjects to others which if he in joy not his subjection ceaseth and he loseth not right to defend himself at his own discretion neither is any man understood to have bound himself to any thing or to have relinquished his right over all things before his own security be provided for p. 513. It is manifest that they do against Conscience and wish the eternal damnation of their Subjects who do not cause such doctrine and such worship to be exhibited to them as they themselves do believe to conduce to their salvation or tolerate the contrary to be taught and exhibited p. 514. No man is bound by his pacts whatsoever they be not to resist him who bringeth upon him death or wounds or any bodily damage p. 514. Seeing no man is bound to impossibilities they who are to suffer corporal damage and are not constant enough to endure it are not obliged to suffer it And more fully In case a great many men together have rebelled or committed some other capital crime for which every one of them expecteth death whether have not they the liberty to joyn together and assist and defend one another Certainly they have for they do but defend their lives with the guilty as well as the innocent may do There was indeed injustice in their first breach of duty their bearing Arms subsequent to it though to maintain what they have done is no unjust Act p. 514. FINIS He might have referr'd them to himsel●… p. 460. where he g●…ves the same answer to the same objection Vid. Presace to the Holycommonwealth p. 6. ☞ * The Law saith●… 〈◊〉 h●…bet Rex superior●…m praeter Deum ☜ ☜ ☜ ☜ He ressembleth Richa●…d to Solomen and Oliver to David * By Eulogies and approbations Printed before the Book which commend it to all Readers * Pag. 161. Pag. 119. ☞ ☞ ☞ ☞ ☜ * The King and his Pa●…ty clea●…ly meant to be th●… Papists ☜ ☜ † ●… Clea●…ly abetting the murdering of the King ☜ ☜ ☞ ☞ ☞ ☞ ☜ ☞ ☞ * He makes it Law●…ul to do that a●… men which we are 〈◊〉 to do by 〈◊〉 L●…ws of Ch●…istianity ●…e 〈◊〉 the 5 Commandment Swe●…t incourage●…ent Excellent comp●…risons ●… between ones natural Prince to whom he hath 〈◊〉 and a Turk or a Thief * See Dr. Ham. of Resisting the Magistra●…e under 〈◊〉 of Relig●…on Hobs his Lev. p. 114. Lev. Le. p. 190. Le. p. 137. Hobs de Civ C. 7. Sect. 18. Ci. C. 13. Sect. 3. Ci. C. 13. Sect. 5. Ci. C. 2. Sect. 18. Le. p. 112.

be said they intend not to hurt the Kings Person yet might I not as well have hurt his Person in the day of Battel a●… any of them that were swept away from ab●…ut him by the fury of the Ordnance which put no difference twixt King and Common Souldiers Pag. 19. They answer by faying That though this is the hardest case that can be put against Defensive Armes yet first By what Rule of Conscience or God is a state bound to sacrifize Religion Laws and Liberties rather than endure that the Prince his Life should come into any possibilities of hazard by defending them against those that in his Name are bent to subdue them Pag. 18. Secondly If he wi●…l needs thrust himself upon the hazard when he needs not whose fault is that And a little after in the same Answer As if a King disguized should offer any private violence a watchman that would not or even might not hurt him being known were without blame if he knock'd him down or killed him as he might in like case a disorderly private person Now in Battel to many or most and especially to the Gunners that give fire to the Ordnance he is altogether disguised and so they are blameless in reference to his personal hurt that fault is wholly his own and those wicked Counsellors that have thrust him upon the fury of the Battel Pag. 20. To Doctor Ferne's saying It is a marvellous thing that among so many Prophets reprehending the Kings of Israel and Judah for their Idolatry cruelty and oppression none should call upon the Elders of the people for this duty of resistance They Answer That even in the reign of the best Kings not onely the Peoples hearts were usually unprepared and in their greatest seemings hypocritical and treacherous but also the Princes Elders and Nobles were exceedingly corrupt Now if they were so bad in good times who can marvel if they were stark naught where the King was naught and helpers forwarders of his Idolatries Cruelties and Oppressions And why should it then be expected that the Prophets should call upon them to resist the King being on their side and they on his Pag. 20. 21. It is not absolutely true that men are bound Universally as by an Ordinance of God to set up live under Government in the Doctors sense that is absolutely and without power to resist Pag. 31. Either all mankind are not bound to be under Government and all the Doctors te●…ts and reasons are alleged in vain or else Kings and Monarchs are also under some Government at least of the Representative Body of their people according to what was before alleged from our Lawyers Rex non habet superiorem praeter legem Curiam Comitum Baronum c. Pag. 32. We argue not that the people have power to recall that Regal Authority wholly upon any Case of Mal-administration All that we plead for is Power to administer a part of it upon Necessity which he will not administer for good but rather for evil And there are not many things that were altogether ours and in our disposing before we part with them but are still so far Ours to use them again in our Necessity for that turn at least Pag. 35. A Prince onely inherits what was given the first of the Nation or others since by consent of the people and by written Law or Custome he must claim any power he will exercise or else he cannot plead any right title to it and his qualification of power admits of Increase or Decrease as he and the people agree and consent His power is altogether derived by Election and Consent first and last whence I will infer no more but as before that therefore in Case of necessity the people may use so much of it as may suffice to save themselves from Ruine Pag. 39. The late Usurpers own'd as a Holy State set up by Almighty God MAster Sam. Slater in a Sermon Preached at S. Edmunds Bury in Suffolk upon the 13. of Octob. 1658. Being a day set apart for Solemn Fasting and Humiliation and seeking a blessing upon His Highness the Lord Protector This Sermon he intitles The Protectors Protection or the Pious Prince guarded by a Praying People In this Sermon Pag. 57 58. He hath these words Oh! pray for your Governours and in a more special manner for him whom God hath made chief over you and by his Providence called to the Supreme place of Magistracy in the Nation God hath been pleased of late to make a sad breach among Us taking away from Us our former Pilot the late Renowned Protector who when he had fought the Nations Battels carried us thorow the wilderness preserved us from the rage and fury of our Enemies and brought us within s●…ght of the promised Land gave up the Ghost laid down his leading Staff and his life together with whose fall the Nation was shaken his death covered all the faces of sober and considerate Persons with paleness and their hearts with sadness as if Peace Prosperity Resormation the Gospel all lay drawing on and would be buried in the same grave with him But b●…essed be God Divine Grace vouchsafed to cast an eye towards us and to visit us in our low estate there is another Pilot placed in his room VVhile he directs the Course let us fill the Sails with our Praying breath Moses it is true is dead but we have a Joshua succeeding him let us pray that what the other happily begun this may more happily finish and bring the accomplishment of all your right-bred hopes and what they said to Joshua let us say unto his Highness According as we hearkned unto Moses in all things so will we hearken unto thee onely the Lord they God be with thee as he was with Moses Jos. 1. 17. And pag. 60. Our Prince riseth gloriously pray that he might n●…t set in a cloud Our hopes concerning him are great pray that they may not be blasted Thus He. Mr. Baxter in his Five Disputations of Church-Government and Worship in the Epistle Dedicatory to Richard Cromwel He delivers the sense of his Party in these words MAny are perswaded you have been strangely kept from participating in any of our late bloody Contentions that God might make you a Healer of our Breaches and imploy you in that Temple-work which David Himself might not be Honour'd with And he adds This would be the way to lift you highest in the Esteem and love of all Your people and make them see that You are appointed by God to be an Healer and Restorer and to glory in You and to bless God for you as the Instrument of our chiefest good My earnest Prayers for your Higness shall be that you may rule us as One that is ruled by God c. The same Mr. Baxter in his Holy Common-wealth in the Epistle Dedicatory or Preface to the Army pag. 6. He call'd those Usurping Powers that

while been preserved by what hath been done Little cause have we to be discouraged for those we have to deal with their spirits are base and vile why should we fear those uncircumcised Philistines If you say Well but were it not better we bent all our forces to some Accommodation To that we answer you thus You have to deal not onely with his Majesty but with a Popish party that are about him and what security you can ever have of your peace as was worthily said before except the Scotish Nation comes in for to fasten it it is easie for any one to judge I will tell you but one story about that and because it is suitable unto you I will therefore relate it here It is a Story that I find in the Chronicles that in the days of King Edward the sixt King Edward sends to this City for assistance against the Lords and the Lords send to the City for their assistance likewise and the Common-Councel was called I suppose in this place and there stands up as the story saith a wise discreet Citizen in the Common-Councel and makes this speech unto them First he acknowledges that the cause was right for the Lords for the Kingdom though it were against the will of the King because the King would not then put in execution those Laws that should be but hindered them but yet saith he let me remind you of that that I have read in Fabians Chronicle it was one George Stadley that stood up let me remind you of that when there was a fight between the Lords and the King the Lords send for assistance to the City the City granted their assistance the Lords prevailed the King was taken and his Son a Prisoner afterwards they were both released upon Composition and amongst other things this was one that howsoever the City should be preserved that the City should suffer nothing for what they had done and this Composition was confirmed by Act of Parlament but saith this Citizen what came of it did the King forgive No nor forget for afterwards all our Liberties were taken away strangers were set over us for our Heads and Governours the bodies and the estates of the Citizens were given away and one misery followed after another and so we were most miserably persecuted and here was their Accommodation Have not many of you spent your blood in this Cause yea how many young ones in this City have lost their blood Me-thinks a spirit of indignation should rise in you to vindicate the loss of the blood of your Servants and Children many precious ones that might have lived many years to have done good service for the Lord. Know there shall come a day wherein you shall be calling and crying to God for mercy the success of this evenings work will be recorded against that day when you shall cry for mercy Out of Mr. Obadiah Sedgewick his speech in Guild-hall on Friday the sixt of October 1643. I Know many Objections might be made You have done much already and the sum is great I say no more There is nothing great to a mind that is great and the Cause is great and though the sum of money be great yet their love is greater than all you can lay out to answer their love And say not grumbling we have done often and often I say to you as Christ said to him that asked him How often must I forgive my brother Why seventy times seven times So will I say for this publique Cause you must do and you must do and yet you must do and yet you must do as long as there is a penny in thy purse as long as there is strength in thy hand as long as there is breath in thy body you must be all Servants to Christ and Servants to the Churches of Jesus Christ. The Independents Conclusions from the Presbyterian Principles Mr. John Dury's Considerations concerning the present Engagement with Mr. Caryl's Imprimatur An. Dom. 1649. THe Oath of Allegiance as you know did bind all men as Subjects in Law to be true and faithful to the Kings Person to his Heirs and Successors as they were invested with the authority which the Law did give them nor was it ever meant by the Parlament which Enacted the Oath of Allegiance that any should be absolutely bound to the King and his Heirs as they were men to be true and faithful to their Personal Wills but onely to them and their Wills as they had a Legal standing that is to the Authority conferred upon them by the consent of the People which was testified in and under a Law whereunto the King and his Heirs were bound for the Kingdoms good by Oath So that the Obligations of King and Subjects are mutual and must needs stand and fall together according as the condition by which they are begotten is kept or broken which is nothing else but the Law according to which he and his Subjects agree that he shall be their King and they shall be his Subjects For as you were sworn to the King so he was sworn to you as you were bound to be faithful to him so he was bound to be faithful to his trust nor is he your Liege further than he is faithful thereunto If then he be found unfaithful to his trust you are ipso facto absolved from your Allegiance unto him and if according to Law he receives not his Authority you are not in Law his Subjects at all Now the just and natural foundation of all Laws is the Reason of the Body of every Nation in their Parlament which hath the sole Right to propose and chuse the Laws by which they will be Ruled Where it hath been as I suppose a perpetual custom in this Nation for the Commons at all times to ask and propose the making of Laws and for the Lords and King to give their consent thereunto The Lords as the Judges in cases of transgression and the King as the Executor and publick Trustee for the administration of the common good and wealth thereby for in a Kingdom there is a Common-wealth as the intrinsical substance of the Being thereof for which all things are to be done by King and Lords as the publick servants thereof and Ministers not Masters of State therein If the King then should set himself wilfully to be above this Reason of the Nation which is the onely Original of the Law and refuse obstinately the Laws which they shall chuse to be setled he puts himself ipso facto out of the capacity of being a King any more unto them and if this can be made out to have been the way wherein the late King set himself and that it was the design of the House of Lords to uphold and enable him to follow that way it is evident that so far as he did by that means actually un-King himself as to this Nation so far also they that assisted him in that design did un-Lord themselves