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A43991 The history of the civil wars of England from the year 1640-1660 / by T.H.; Behemoth Hobbes, Thomas, 1588-1679. 1679 (1679) Wing H2239; ESTC R35438 143,512 291

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the honour of God if it be the Presbyterians fail in that A. Why so They kept some Holy Days and they had Feasts among themselves though not upon the same Days that the Church Ordains but when they thought fit as when it pleased God to give the King any notable Victory and they govern'd themselves in this point by the Holy Scriptures as they pretend to be and can prove they did not believe so B. Let us pass over all other Duties and come to that Duty which we owe to the King and consider whether the Doctrine taught by these Divines which adhered to the King be such in that point as may justifie the Presbyterians that incited the People to Rebellion for that 's the thing you call in Question A Concerning our Duty to our Rulers he hath these words An obedience we must pay either Active or Passive the Active in the Case of all Lawfull Commands that is whenever the Magistrate Commands something which is not contrary to some Command of God we are then bound to Act according to that Command of the Magistrate to do the thing he requires but when he enjoyns any thing contrary to what God hath Commanded we are not then to pay him this 〈◊〉 obedience we may nay we must refuse thus to Act yet here we must be very well ass●r'd that the thing is so contrary and not pretend Conscience for a Cloak of stubborness we are in that case to obey God rather than men but even this is a season for the Passive obedience we must patiently suffer what he inflicts on us for such refusal and not to secure our selves rise up against him B. What is there in this to give Colour to the late Rebellion A. They will say they did it in obedience to God inasmuch as they did believe it was according to the Scripture out of which they will bring perhaps examples of David and his Adherents that resisted King Saul and of the Prophets afterwards that vehemently from time to time Preached against the Idolatrous Kings of Israel and Judah Saul was their Lawfull King and yet they Paid him neither Active nor Passive obedience for they did put themselves into a posture of defence against him though David himself spared his Person and so did the Presbyterians put into their Commission to their General that they should spare the Kings-Person besides you cannot doubt but that they who in the Pulpit did animate the People to take Arms in defence of the then Parliament alleadged Scripture that is the Word of God for it if it be lawful then for Subjects to resist the K. when he Commands any thing against the Scripture that is contrary to the Command of God and to be Judge of the meaning of the Scripture it is impossible that the Life of any King or the Peace of any Christian Kingdom can be long secure It is this doctrine that divides a Kingdom within it self whatsoever the men be Loyal or Rebels that Write or Preach it publickly And thus you see that if those seditious Ministers be tryed by this Doctrine they will come off well enough B. I see it and wonder at People that having never spoken with God Almighty nor knowing one more than another what he hath said when the Laws and the Preacher disagree should so keenly follow the Minister for the most part an ignorant though a ready tongu'd Scholar rather than the Laws that were made by the King with the consent of the Peers and the Commons of the Land A. Let us examine his words a little nearer First concerning passive Obedience when a Thief hath broken the Laws and according to the Law is therefore executed can any Man understand that this suffering of his is an obedience to the Law Every Law is a Command to do or to forbear neither of these is fulfilled by suffering If any suffering can be called obedience it must be such as is voluntary for no involuntary Action can be counted a submission to the Law He that means that his suffering should be taken for obedience must not only not resist but also not fly nor hide himself to avoid his punishment And who is there among them that discourses of passive obedience when his life is in extream danger that will voluntarily present himself to the Officers of Justice Do not we see that all Men when they are led to execution are both bound and guarded and would break loose if they could and get away Such is their passive Obedience Christ saith the Scribes and Pharisees sate in Moses Chair all therefore whatsoever they bid you observe that observe and do Mat. 23. 3. which is a doing an active Obedience and yet the Scribes and Pharisees appear not by the Scripture to have been such Godly men as never to command any thing against the Revealed will of God B. Must Tyrants also be obeyed in every thing actively or is there nothing wherein a Lawful Kings Commands may be disobeyed what if he should command me with my own hands to Execute my Father in Case he should be Condemned to Dye by the Law A. This is a Case that need not be put We never have read nor heard of any King or Tyrant so inhumane as to command it if any did we are to consider whether that Command were one of his Laws for by disobeying Kings we mean disobeying his Laws those his Laws that were made before they were applied to any particular person for the King though as a Father of Children and a Master of domestick Secrets yet commands the people in general never but by a precedent Law and as a Publick not a Natural person and if such a Command as you speak of were contrived into a general Law which never was nor never will be you were bound to obey it unless you depart the Kingdom after the publication of the Law and before the Condemnation of your Father B. You Author says farther in refusing Active obedience to the King that Commanded any thing contrary to God's Law we must be very well assured that the thing is so contrary I would sain know how is it possible to be assured A. I think you do not believe that any of those Refusers do immediately from God's own Mouth receive any Command contrary to the Command of the King who is God's Lieutenant nor any other way than you and I do that is to say than by the Scriptures and because men do for the most part rather draw the Scripture to their own sense then follow the true sense of the Scripture there is no other way to know certainly and in all cases what God Commands or forbids us to do but by the sentence of him or them that are constituted by the King to determine the sence of the Scriptures upon hearing of the particular Case of Conscience which is in question and they that are so constituted are easily known in all Christian Commonwealths whether they be Bishops
design'd to set up a Tyrannical Power and to that end had rais'd and maintain'd in the Land a Civil War against the Parliament whereby the Country hath been miserably wasted the Publick Treasure exhausted thousands of people murdered and infinite other mischiefs committed Secondly A Constitution passed of a High Court of Justice that is of a certain number of Commissioners of whom any twenty had power to try the King and proceed to Sentence according to the Merit of the Cause and see it speedily executed The Commissioners met on Saturday January 20. in Westminster-Hall and the King was brought before them sitting in a Chair He heard the Charge read but denied to plead to it either Guilty or not Guilty till he should know by what lawful Authority he was brought thither The President told him that the Parliament affirm'd their own Authority and the King persevered in his refusal to plead though many words passed between him and the President yet this is the sum of all on Monday January 22. the Court met again and the Sollicitor moved that if the King persisted in denying the Authority of the Court the Charge might be taken pro confesso but the King still denied their Authority They met again January 23. and then the Sollicitor moved the Court for Judgment whereupon the King was requir'd to give his Final Answer which was again a denial of their Authority Lastly They met again January 27. where the King then desir'd to be heard before the Lords and Commons in the Painted Chamber and promising after that to abide the Judgment of the Court the Commissioners retir'd for half an hour to consider of it and then returning caused the King again to be brought to the Bar and told him that what he propos'd was but another denial of the Courts Jurisdiction and that if he had no more to say they would proceed to Judgment Then the King answering that he had no more to say the President began a long Speech in justification of the Parliaments proceedings producing the Examples of many Kings kill'd or depos'd by wicked Parliaments Ancient and Modern in England Scotland and other parts of the World All which he endeavour'd to justifie from this only Principle that the People have the Supreme Power and the Parliament is the People This Speech ended the Sentence of Death was read and the same upon Tuesday after January the 30. executed at the Gate of his own Palace of White-Hall He that can delight in reading how villanously he was used by the Souldiers between the Sentence and Execution may go to the Chronicle it self in which he shall see what courage patience wisdom and goodness was in this Prince whom in their Charge the Members of that wicked Parliament stil'd Traytor Tyrant and Murderer The King being dead the same day they made an Act of Parliament That whereas several pretences might be made to the Crown c. it is Enacted by this present Parliament and Authority of the same that no Person shall presume to declare proclaim or publish or any way promote Charles Stuart Son of Charles late King of England commonly called Prince of Wales or any other Person to be King of England and Ireland c. B. Seeing the King was dead and his Successors barr'd by what declar'd Authority was the Peace maintained A. They had in their anger against the Lords formerly declar'd the Supreme Power of the Nation to be in the House of Commons and now on February the fifth they Vote the House of Lords to be useless and dangerous And thus the Kingdom was turn'd into a Democracy or rather an Oligarchy for presently they made an Act That none of those Members who were secluded for opposing the Vote of Non-Addresses should ever be re-admitted And these were commonly called the Secluded Members and the rest were by some stiled a Parliament and by others a Rump I think you need not now have a Catalogue either of the Vices or of the Crimes or of the Follies of the greatest part of them that composed the Long-Parliament than which greater cannot be in the World What greater Vices than Irreligion Hypocrisie Avarice and Cruelty which have appear'd so eminently in the actions of Presbyterian Members and Presbyterian Ministers What greater Crimes than Blasphemy and killing Gods Anointed which was done by the hands of the Independents but by the folly and first Treason of the Presbyterians who betrayed and sold him to his Murderers Nor was it a little folly in the Lords not to see that by the taking away of the Kings Power they lost withall their own Priviledges or to think themselves either for number or judgment any way a considerable assistance to the House of Commons And for those men who had skill in the Laws it was no great sign of understanding not to perceive that the Laws of the Land were made by the King to oblige his Subjects to Peace and Justice and not to oblige himself that made them Lastly and generally all men are Fools which pull down any thing which does them good before they have set up something better in its place He that would set up Democracy with an Army should have an Army to maintain it but these men did it when those men had the Army that were resolv'd to pull it down To these follies I might add the follies of those five men which out of their reading of Tully Seneca and other Antimonarchicks think themselves sufficient Politicks and shew their discontents when they are not called to the management of the State and turn from one side to the other upon every neglect they fancy from the King or his Enemies A. YOU have seen the Rump in possession as they believ'd of the Supreme Power over the two Nations of England and Ireland and the Army their Servant though Cromwel thought otherwise serving them diligently for the advancement of his own purpose I am now therefore to shew you their proceedings B. Tell me first how this kind of Government under the Rump or Relick of a House of Commons is to be call'd A. 'T is doubtless an Oligarchy for the Supreme Authority must needs be in one man or in in more if in one it is Monarchy the Rump therefore was no Monarchy if the Authority were in more than one it was in all or in fewer than all when in all it is Democracy for every man may enter into the Assembly which makes the Soveraign Court which they could not do here It is therefore manifest the Authority was in a few and consequently the State was an Oligarchy B. It is not impossible for a people to be well govern'd that are to obey more Masters than one A. Both the Rump and all other Soveraign Assemblies if they have but one voice though they be many men yet are they but one Person for contrary Commands cannot consist in one and the same voice which is the voice of the greatest part and
therefore they might govern well enough if they had honesty and wit enough The first Act of the Rump was the Exclusion of those Members of the House of Commons which had been formerly kept out by violence for the procuring of an Ordinance for the Kings Tryal for these men had appear'd against the Ordinance of Non-Addresses and therefore to be excluded because they might else be an impediment to their future designs B. Was it not rather because in the Authority of few they thought the fewer the better both in regard of their shares and also of a nearer approach in every one of them to the Dignity of a King A. Yes certainly that was their principal end B. When these were put out why did not the Counties and Burroughs chuse others in their places A. They could not do that without Order from the House After this they constituted a Council of forty persons which they termed a Council of State whose Office was to execute what the Rump should command B. When there was neither King nor House of Lords they could not call themselves a Parliament for a Parliament is a meeting of the King Lords and Commons to confer together about the businesses of the Common-wealth with whom did the Rump confer A. Men may give to their Assembly what Name they please what signification soever such Name might formerly have had and the Rump took the Name of Parliament as most suitable to their purpose and such a Name as being Venerable among the people for many hundred years had countenanced and sweetned Subsidies and other Levies of Money otherwise very unpleasant to the Subject They took also afterwards another name which was Custodes Libertatis Angliae which Title they used only in their Writs issuing out of the Courts of Justice B. I do not see how a Subject that is tyed to the Laws can have more liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ingrateful Their next work was to set forth a publick Declaration that they were fully resolv'd to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fundamental Law in every Commonwealth is to obey the Laws from time to time which he shall make to whom the People have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamentall Law the erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Souldiers and permitted Free Quarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the craftiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicero Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhaps think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout the whole War instigated the people against the King so did also Independent and other fanatick Ministers The rest contented with their Livings preached in their Parishes points of Controversie to Religion importinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good Hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledge of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into foreign parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and encouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland