Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	prerogative_n	1,605	5	10.3114	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77755	Certain queries concerning the lawfullnes of imposing, and taking of the negative oath; propounded by some ministers under restraint in the garrison of Weymouth. / And answered by [brace] E.B. and P.I. [brace] Ministers of [brace] Weymouth, and Melcomb-regis.	Buckler, Edward, 1610-1706.; Ince, Peter, b. 1614 or 1615.	1646 (1646)	Wing B5347; Thomason E369_1; ESTC R201276	10,400	22

wee hope for this cause wee pay Tribute Rom. 13. 6. this is not Prerogative For 1. The King every where disclaims it 2. To what purpose lawes if a Sic ●olo were enough 2. A power to do what he pleaseth in cases not provided for by Law Wee shall againe resume his Majesties acknowledgement The Law is the measure of Our Power where 1. Is not meant our power drawn into a Law that is not elegant enough for a Penner of his Majesties Declarations but here 2. Is meant our power left free and undeter minate the Law is the measure of this i. e. our Prerogative will enable us to do whatsoever the Law may be presumed would have allowed us to doe if there had been a Law made 2. Prerogative is A power in the King to doe the Kingdome good in cases not provided for by Law Prerogative is not a jot more then this 1. If the wisdome of a State could foresee every thing that would need a Law they would make a Law for it and leave no Prerogative at all 2. Wee see that there is still more and more of the Kings power drawn out of his Prerogative into his Lawes as inconveniencies not foreseen do immerge 3. That the King should as the necessity of the Kingdome calles for it thus empty his Prerogative into his Lawes not left Arbitrary but it is his duty vid. supra 26 27 2. To the Reasons of the Quere to There is a naturall Allegiance due to the person of K. Charles Ans This doth no more bind you to assist the King in any thing that is evill then the naturall Allegiance of either of you to a Father doth bind you to helpe kill a man only ●o nomine because your Father calles for your assistance 2. This naturall Allegiance the Founders of our Government c. Ans Wee shall note that 1. The Parliament are the Founders of our government 2. They may contrive and impose oathes in order to politique ends 3. What influence the Kings assent or dissent hath you have heard above 26. 3. These oathes obliege all Subjects to adhere unto and assist King Charles c. Ans That 1. They obliege us to no new duty supra 30. 2. What is premised in the oath of Allegiance is in opposition to that usurped power of Potentates c. abroad not to the lawfull power of the Kingdome at home vid. 3. Jacob. 4. 3. This oath must receive its exposition from whence it did its composition viz. from the Parliament of England 4. There is at least virtually as much of the Kings Power in the Negative Oath as in the oath of Allegiance 4. T is a declared Treason to distinguish between the naturall and politique capacity of the King as is evident in Cooks Reports Ans 1. From the authority of Cooks Reports wee referre you to the Reports of Finch Barcley c. in the case of Ship-money Monopolies c. 2. Parliaments are not tyed to the reports of Judges but have power to araign and condemn both Reports and Reporters 3. We demand whether 1. Our naturall Allegiance to the person of King Charles be due to the person of that person quatenus Charles i. e. such a determinate individuum or quatenus King i. e. a person invested with such a power or quateum both 2. If any person by conquest or otherwise should be established King of France as William the Normand was of England the present French King yet living to which of these two is the naturall allegiance of the subjects borne of that Kingdome due 3. If a King be non compos mentis any Oath of Allegeance to him when he was sanae memoria doth bind his subjects to assist him by vertue of his verball or written precept in war and peace 4. We of this generation unsw●rne be bound to make good those ●athes of Fealty and Allegeance which were taken by our Progenitors upon pain of perjury 5. A Prince having as an acknowledged Flower of the Crown the power of the Militia and going about with any part of that Militia to destroy himselfe or his children ought to be assisted in it This to your Queries Your 5. and last is a Proposition viz. All Oathes being to be taken in the common grammaticall sense this oath ties the taker from all maner of assistance to the King during this war Now since the violence of battaile may be directed against the sacred person of the King and the mis-guided fury of the common souldiers hath bent it selfe against and may hereafter attempt the life of our gracious Soveraigne we cannot safely abjure all s●●cours to the preservation of him whose life is worth ten thousand of us 5. Your Proposition is This Oath ties the taker from all manner of assistance to the King during this War and the taking of it were to abjure all succours for the saving of his life Reasons of this Proposition are 1 This Oath is to be taken in the common grammaticall sense 2 The violence of battaile may be directed against the sacred Person of the King 3 The mis-guided fury of the Common souldiers hath bent it self against the life of our gracious Soveraigne 4 It may hereafter attempt the like 5 The Kings life is worth ten thousand of us 1. We observe 1. That whereas in the other foure particulars you were onely Quaerentes here you are Determinantes 2. That you would intimate that the Parliament would bind you by oath from saving the Kings life if it were hazarded 2. We answer 1. To your Proposition This Oath ties the taker c. 1. The Oath hath no such phrase in it as during this War but in this War or Cause We doe not here call your candour and ingenuity into question 2. The oath ties not the taker from all manner of assistance to the King but onely in this war i. e. in relation to this war Ex. gr if Cooks Reports were tyed from assisting you in this Cause viz. in proving a distinction between the natural and the politique capacity of the King Treason are they thereby tyed from all manner of assistance to you till this controversie be ended may they not yet assist you in a case of tenure of lands Quare impedit c I. N. and I. S. are in a suit of Law I A. B. doe sweare not to adhere unto nor willingly to assist I. N. in this suit doth the grammaticall sense of my oath tye me from inviting I. N. to dinner or from pulling of him out of a ditch c. 2. To the Reasons of your Proposition To 1. The Oath is to be taken in the common grammaticall sense Answ This sense abjures not all succours ut supra 45. 2. The violence of battaile may be directed against the sacred Person of the King Answ We hold 1. That the person of the King and of every supreame Magistrate in any State is inviolable and not subject to any penall hand 2. That in this War no Souldier ought willingly to take away the Kings life 3. That if the King will wilfully adventure his person in battaile the Parliaments Army may and ought to fight not withstanding the Kings presence in the enemies Army because 1. If his person be in danger t is not the Parl. fault who would not have him there but his owne and his adherents who prize his life at no higher a rate 2. The Parl. are acting within the sphere of their own power and so doing their duty not so the King ut supra 26 27. 4. That if I see the Kings life in danger as a souldier striking or wounding him I may rescue him and save his life the Negative Oath notwithstanding for 1. This is no more an adhering unto or an assisting of the King in this Warre then it is when a Parliament Captain shall rescue a Cavalier that he may have Quarter when his Lieutenant was about to hang him An usuall practice 2. This being necessarily understood in the Negative Oath is contained in the grammaticall sense of it Shew us in what this Rule is false Quod necessario intelligitur non deest 3. In all promissory oathes something must ever be understood as the Casuists resolve Summ. Angelica in verbo Jurament 4. Qu. 5. 3. The misguided fury of the common souldiers hath bent it selfe against the life of our gratious Soveraigne Answ This is matter of fact and if we knew that you spake upon your knowledge we would not stick to call it as you doe misguised fury 4. It may hereafter attempt the like Answ We cannot prophesie but if the King suffer in his Person by the Parliaments succeedings in this Warre it will be his owne fault ut supra 46 5. The Kings life is worth 10000. of us Answ We will not dispute the value of His Majesties life but if it be worth no more his will hath cost above twice as much as his life is worth 3. We demand whether 1. This clause the Kings life is worth 10000. of us be to be taken in the sence that all Oathes are 2. Cooks declared Treason in Calvins case must not be pardoned to make this clause good 40 3. A man that hath taken the Kings protestation may not which is some assistance during this Warre hold Sir Thomas Fairfax his Horse without guilt of perjury Diximus FINIS

CERTAINE QUERIES CONCERNING The lawfullnes of imposing and taking of the NEGATIVE OATH Propounded by some MINISTERS under restraint in the Garrison of WEYMOUTH AND ANSWERED By E. B. and P. I. Ministers of Weymouth and Melcomb-regis LONDON Printed for Rich. Royston at the Angell in Ivy Lane M DC XLVII The Negative Oath I A. B. Do sweare from my heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament nor any Forces raysed without the consent of the two houses of Parliament in this Cause or Warre And I do likewise sweare that my comming and submitting my selfe under the Power and protection of the Parliament is without any manner of Design whatsoever to the prejudice of the proceedings of this present Parliament and without the direction privity or advice of the King or any of his Councell or Officers other then what I have now made knowne So helpe me God and the contents of this Booke To the Reader THese Queries were privately propounded by men pretending a sober desire of satisfaction and this Answer whose contrivement was not the expence of full 24. houres as privately returned The men were so farre from having their Consciences unscrupled by any thing here said that wee were constrained to offer them a dispute Ore tenus which after time and place and Moderator agreed upon and all parties met was prudently declined since which time as I have been assured by some godly Ministers and others it hath been given out by one or more of the Parties themselves how little could be said for the Parliaments practise and some aspersions cast upon my selfe in particular whereby I am necessitated to own these Papers and to make them publique that the world may see that what I have here said was enough to cast me by choyce upon that side I ever was since these differences began though not enough to fetch those men off who are not willing they should now end Thine in the Cause of Christ and the Kingdome EDWARD BUCKLER Certain Queries concerning the imposing and taking the Negative Oath c. 1. Quere SInce Faith that is an assurance of the warrantablenesse of any particular undertaking must be the ground of a Christians action and such Faith can rest on nothing but Gods word Wee demand what warrant there is in the Gospell which restraines the use of Oaths for the contriving and imposing an Oath which is a solemne Act of Religion in order to politick ends This the rather wee desire to be satisfyed in because our experience teacheth us that this Oath is made use of as an Engine of State since it is not urged generally on all but pressed upon some not without Design upon their estates and liberties Ans Your first Quere is what warrant there is in the Gospell for the contriving and imposing of an Oath in order to Politique Ends 1. An assurance from Gods word of the warrantablenes of any particular undertaking must be a Christians ground of that undertaking 2. The Negative Oath is in order to Politique ends being an Engine of State For 1. It is not urged generally on all but only on some 2. On those some not without design upon their 1 States 2 Liberties 1. wee observe 1. An ill Omen viz. a stumbling at the threshold you demand what warrant there is in the Gospell c. and the reason of your demand is because there ought to be a warrant in the word Wee hope Gods word and the Gospell are not with you terms contemptible so that if we find warrant in the word it wil be enough 2. That you demand not whether it be lawfull to take but whether it be lawfull to contrive and impose an Oath in order to Politique ends and so this can be no scruple of your Consciences for whether lawfull or not you are not concerned in it 2. Wee answer 1. To your Quere viz. What warrant there is in the word for that must be the sence of your Quere for the contriving and imposing of an Oath in order to Politique ends Wee desire you to looke into these following Scriptures where you shall find 1. An Oath in order to politique ends both in 1. Precept Exod. 22. 8. 11. 2. Practise 1 Reg. 8. 31. Gen. 24. 2. 3. Neh. 5. 12. 2 Chron. 36. 13. compared with Ez●k 17. 13. 16. 2. A negative Oath 1 Reg. 2. 42. 43. Gen. 24. 3. Iudg. 21. 7 3. An Oath not urged on all but some as when an Oath is explanatory or cautionary as in the case in hand it is only pressed upon the suspected not urged on all Num. 5. 19. Exod. 22. 11. the man suspected not all the men in the neighbourhood Ezr. 10. 15. 4. An Oath not without influence 〈◊〉 without Design upon their 1. Estates Neh. 5. 12. 2. Liberties 1. Reg. 2. 42. O●j These texts are all in V. T. But the Gospell restraines the use of Oathes Sol. 1. You either were not able or not willing to give us any sence of this parenthesis at our first meeting 2. You shew us where the Gospell restraines the use of Oathes in any sence that will serve your purpose 3. Oathes are in the Gospel 1. mentioned with approbation Heb. 6. 16. 2. used Rom 9 1. 2 Cor. 11. 31. 2 Cor. 1. 23 2. To the reasons of your Quere to the 1. V●z An assurance from G●ds word of the warrantablenes of any particular undertaking must be a Christians ground of that undertaking This wee acknowledge to be a truth Ans and a necessary ground of Quere when wee do indeed doubt of the warrantablenes of any thing that is required of us But wee do not thinke our selves or others bound to suffer till wee can satisfy our selves of a warrant for what is done by others as in the case of this Quere viz. of a ground for contriving and imposing of oathes To the 2. The Negative oath is in order to Politique ends c. See in order to what end those oathes were contrived and imposed Ans which you saw in the texts above cited To the grounds of this viz. 1. This oath is not urged on all If by all you meane 1. All the Subjects of this Kingdome oathes not being either to be multiplied or extended beyond necessity wee say that the State need not engage their own party by any other way having sufficient assurance of their good affection already Ans 2. All of a kind viz. Of such as have adhered to the King in this warre wee believe and have been informed that the Ordinance intends all and the non-execution of it is to be written down among the Errata of their Instruments 2. On some not without design upon their 1. Estates 2. Liberties Wee might find heere some incongruity between this Ans and what went immediately before viz. not urged on all Why not if this be the design T is possible that

thus If the doing of both do equally concerne the Kingdoms good then there is an equall power in the King to both for whatsoever the King quatenus King is or hath he is and hath it for the Kingdoms good as the meanes is for the end Rom. 13. 4. but the doing of both doth equally concern the Kingdoms good the Kingdome is as much concerned that good lawes be made as that evill lawes be hindered ergo 2. Not to allow Ordinances ut supra equivalent to Acts which at least Sedente curiâ was never questioned is to necessitate the continuance of old Lawes though never so prejudiciall to impossibilitate the making of a new though never so necessary if the King will contrary to that known rule in Politiques Lex debet Reipub accommodari non respub legi 3 It makes the King absolute and his government arbitrary it being all one to rule without a Law and to rule by a Law of his own making and which could not be made without him 3. Wee demand whether 1. Ius gladii if the Parliament were pleased or had need to plead it doth not entitle them to power enough to impose this Oath 2. The King had any more for imposing his Protestation in places under his power 3. The imposition of that Protestation being not by Act of Parliament nor by any power equivalent be tyrannicall and capable of a hard construction 4. Quere Since there is a naturall all allegiance due to the person of King Charles from all his Subjects born so that it is a declared treason to distinguish between the naturall and politique capacity of the King as it is evident in Cookes Report of Calvins case which the founders of our Government have thought fit to ratifie by Oathes of fealty and allegiance which obliege all Subjects to adhere unto and assist King Charles in time of Warre as well as in time of Peace and since by a late Protestation taken at the instinct of Parliament wee have oblieged our selves in our severall places and callings to maintaine with our lives and fortunes the Kings person honour and estate and to endevour to bring to condigne punishment all those who oppose them wee desire to know how any power on earth without being Antichristian can absolve us from this allegiance or disingage us from our vowes of adherence to the King in maintenance of his right such as is the power of the Militia acknowledged by the Parliaments Petition at Windsor to be a flower of the Crown Your fourth Quereis what power on earth without being Antichristian can absolve us from our oath of Allegiance or dis-ingage us from a late Protestation taken by instinct of Parliament oblieging us to maintain the Kings person honour and estate and to adhere to him in the maintenance of his right such as is the power of the Militia c. Reasons of this Quere are 1. There is a naturall allegiance due to the person of King Charles from all his Subjects born 2. This naturall allegiance the founders of our Government have thought fit to ratify by Oathes of Fealty and Allegiance 3. These Oathes obliege all Subjects to adhere unto and assist King Charles in time of War as well as in time of Peace 4. T is a declared Treason to distinguish between the naturall and politique capacity of the King as is evident in Cooks Report of C●lvins case vid. 11. Hen. 7. 1. 1. Wee observe 1. That you insinuate a power to be claimed by the Parliament of absolving men from Oathes and disingaging them from Protestations 2 That you insinuate this power to be Antichristian 3. That it is exercised in imposing the Negative Oath 2. Wee Answer 1. To your Quere what power on earth c. That by the Negative Oath you bind your selves from nothing which you are bound unto by the oath of Allegiance or the late Protestation taken by instinct of Parliament For the cleering of this wee shall premise That neither Oath nor Protestation obliege us to any new duty but only bind us in the sacred Bond of an Oath to performe that which was ever due This truth we have from the Series of your own arguments there is as you call it a naturall allegiance which is you say ratifyed not added unto by Oathes of Fealty and allegiance Thus then If the Negative Oath bind you from nothing which is by your naturall allegiance the Kings due then it binds you from nothing which you are bound unto by the Oath of Allegiance or the late Protestation But c. ergo Ob. It binds us from adhering unto or assisting the King in this Warre Sol. This is not the Kings due Wee prove it thus Nothing is the Kings due but what he can claime either by the Law or by his Prerogative wee never heard of a third title and his Majestie seemes in one of his Declarations to reduce all to one in this acknowledgement The Law is the measure of our power And wee conceive that the measure and the thing measured are not greater nor lesse one then another But for your good you shall have in the Prerogative to boot c. but the King cannot claime assistance in this warre either by Law or by his Prerogative Ergo. 1. He cannot claim it by Law for 1. The sence of the Law is to be judged of by the mind of the Law-giver and wee cannot yet thinke that the Parliaments mind was to give the King a power to cut their own throates 2. The King seemes to allow the Parliaments sence of the law to be authentique though directly opposite to his own sence of it as in Strafords case 3. Then the Law binds you to endeavour the destruction of all those godly persons in the Kingdome who are of the contrary party and this wee have found was as long as they appeared at least finis operis 4. T were good that Law were produced which inables the King to claime your assistance in a Warre against his two houses of Parliament his Majesty himselfe saw so little of Law in it that he himselfe protested himselfe as ready to Warre against his own Children Obj. Wee have directed you in the Margin to the Statute of 11. Hen. 7. Chap. 1. Sol. And wee direct you to the Parliaments exposition of and Declaration upon that Statute printed above three yeares since Obj. The Parliament acknowledged the power of the Militia to be a flower of the Crown Sol. To use for not against the Kingdome according to Law not will vid. supra 26 ●t infra 42. 2. The King cannot claime your assistance in this Warre by his Prerogative wee shall endeavour to hold you ou● what Prerogative 1. is not 2. is 1. Prerogative is not 1 A power in the King to do what he pleaseth not a power by any instruments of his to take away the life or estate of any Subject to break the priviledge much lesse the ne●ks of Parliaments c. t is not