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A58931 A seasonable memento both to King and people upon this critical juncture of affaires 1680 (1680) Wing S2232; ESTC R10313 7,362 12

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A SEASONABLE MEMENTO Both to King and People Upon this CRITICAL JUNCTURE OF AFFAIRES Nullo modo eis Artibus placatur Divina Majestas quibus Humana Dignitas inquinatur Aug. de Civ Dei LONDON Printed in the Year 1680. A SEASONABLE Memento c. IT is grown into a Custom I know to smooth the way for the Grosse of the Subject in Agitation by some preliminary Apology or Complement to the Courteous Reader but yet for reasons best known to my self I shall at this time pass over the Ceremonious Flourish of an Introduction and without Welt or Guard as they say fall upon my Province which is to make out That neither upon pretext of Religion Personal Vices Excesses in Government or any other Colour whatsoever the Subjects of the Crown of England may withdraw their Obedience or make Hostile Resistance to King Charles our present Sovereign being by right of Inheritance justly possess'd of the Crown his Title no way depending either upon his Divine or Moral Virtues and the said Subjects having receiv'd him and acknowledged him for their Only Supreme Governour done him Homage and sworn to him Faith and Allegeance Absolutely and without Condition AS for other Princes and Potentates whether Elective Kingdoms or such as at the Erection of them were received by the First King upon Express Covenant and only with a Conditional Obedience as is pretended by those of Aragon and Others of These I shall not here discourse Neither shall I speak of those Kings and Princes who acknowledge in Spiritual Matters a Superiour Jurisdiction in the Pope over them who further stickleth by necessary Relation and Dependency of the Temporal upon the Spiritual to have also a Temporal Power over them in ordine ad Spiritualia And hath often put this his Claim in Practice by accompanying his Spiritual Censure of Excommunication with the Sentence of discharging Subjects of their Obedience to their Princes and so consequently of Deposing them Herewith I shall not meddle None of These Cases being applicable to This in question of King Charles who is no Elective King but holdeth his Crown by an Unquestionable Title of Succession deriv'd to him by Descent from his Ancestours for the space of more than Six hundred years Neither was there ever any Pact or Condition with Him or any of his Progenitours of Forfeiture which in This Case neither was nor ever can be justly pretended True it is that his Ancestours and Himself have been pleased to limit and restrain their Legal Right by many Concessions and Laws in some Cases as the making of Laws without Consent of Peers and People the Levying of Money c. which he cannot Violate without great Injustice as shall be after shown But no such Pact or Covenant can be produced whereby upon Breach he Forfeiteth his Sovereignty or maketh it Justifiable for his Subjects to take up Arms against or to inflict Punishments upon his Person either by Dethroning Death or Imprisonment THE Case likewise of Roman Catholick Princes no way concerneth Him who acknowledgeth not in a Pope any such Superiour Authority So that whatsoever Pretences may be in some Cases concerning such Princes as I have above specifyed wherein I shall not presume to deliver my Opinion yet in the Present Case of Our King there can be no colourable Pretence of taking Arms against Him or of Deposing Him which I understand to be in effect when he is divested of his Just Regal Power Or of the Imprisoning of his Person which I understand to be not only when he is actually in Bonds or lockt up in a Room but also when the Liberty of Going and the Freedom of Speaking is restrained to such Places or Persons as Others shall please and he remain under a Guard not of his Own chusing but impos'd upon him by Others IT must be acknowledged that the Kings of England derive their Title and Right from William the Norman who although he came in by Conquest yet his Successours considering that a Right Acquir'd by Force may likewise be Recover'd by Force by those upon whom the forcible Intrusion was made were pleased by way of Pact and Stipulation to limit and qualify that Imperium Absolutum Absolute Dominion which is acquired by Conquest And the People of England thereupon did submit themselves to his Government and thereby was Constituted Imperium Legitimum a Just and Rightfull Sovereignty the Kings remaining with Supreme Power and the People with Common Right whereby they were freed from the Servitude of Conquest and remain'd under a Free Subjection whereunto they had by their voluntary Consent submitted themselves THE Kings likewise did recede from Absolute and Arbitrary Power and remain'd with Supreme but not with Absolute Empire BY Free Subjection I understand when a People live under Laws to which they have given a Free Consent and not under the Meer will of the Prince and that they retain such a Propriety in that which is their Own that without Their Assent or Legal Forfeiture it cannot be taken from them And this is a true difference betwixt a Free Subject and a Slave or Servant Quicquid acquirit Servus acquirit Domino Liber quod acquirit acquirit Sibi Whatsoever a Slave gets he gets for his Master but what a Freeman gets is for Himself And so although the Dominion of All belongs solely to the Prince yet Propriety refers to Every man Dominium Totius apud Caesarem Proprietas apud Singulos THE Difference that I understand betwixt a Supreme and an Absolute Empire is That in Absolute Empire the Rule of the Peoples Obedience is onely the Sovereigns Will. So it is in Turky Muscovy and all such Princes as retein Entire the Right of Conquest and was in some sort under the Roman Emperours after the Lex Regia was establish'd by the Peoples Consent whereby they transferr'd their Entire Right unto Him Supreme Empire I understand to be when a King has a Supremacy and Sovereignty over all but his Absolute Power is limited and restrein'd by reciprocal Pacts Laws and Stipulations betwixt Prince and People which is the Case of the Crown of England and to these Pacts the King and People are equally bound before God and man and the King is as much bound to Justice to the Protection of his Subjects and to the Observance of the Laws not onely out of Religion but even of Morall Honesty also as the Subject is to Obedience And he is not onely accountable to God but even his People have certain Just and Legal wayes to seek Redress wherein he shall do Wrong notwithstanding that Axiome of our Common Law That the King can do no Wrong which is false in many senses and may very well be call'd Fictio Juris a kind of Metaphysicall Fiction Le Roy ne fait Tort being onely to be understood in the ordinary Course of Justice which the King administring by his Ministers and not in Person it is They that are the Wrong-doers and not