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conscience_n humane_a law_n obligation_n 1,134 5 9.8189 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A96592 Jura majestatis, the rights of kings both in church and state: 1. Granted by God. 2. Violated by the rebels. 3. Vindicated by the truth. And, the wickednesses of this faction of this pretended Parliament at VVestminster. 1. Manifested by their actions. 1. Perjury. 2. Rebellion. 3. Oppression. 4. Murder. 5. Robberies. 6. Sacriledge, and the like. 2. Proved by their ordinances. 1. Against law. 2. Against Equity. 3. Against conscience. Published 1. To the eternall honour of our just God. 2. The indeleble shame of the wicked rebels. And 3. To procure the happy peace of this distressed land. Which many feare we shall never obtaine; untill 1. The rebels be destroyed, or reduced to the obedience of our King. And 2. The breaches of the Church be repaired. 1. By the restauration of Gods (now much profamed) service. And 2. The reparation of the many injuries done to Christ his now dis-esteemed servants. By Gryffith Williams, Lord Bishop of Ossory. Williams, Gryffith, 1589?-1672.; Burgess, Anthony, d. 1664. 1644 (1644) Wing W2669; Thomason E14_18b 215,936 255

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houses that are against it shall be destroyed because as S. Peter saith we have forsaken all to become his servants that otherwise might have served Kings with the like honour that they doe and we have left the world to build up his Church we put our trust under the shadow of his wings and being in trouble we doe cry unto the Lord and therefore he will heare our cry and will helpe us and we shall never be confounded Amen CHAP. X. Sheweth that it is the Kings right to grant Dispensations for Pluralities and Non-residency what Dispensation is reasons for it to tolerate divers Sects or sorts of religions the foure speciall sorts of false professors S. Augustines reasons for the toleration of the Jewes toleration of Papists and of Puritans and which of them deserve best to be tolerated among the Protestants and how any Sect is to be tolerated 2. WHereas the Anabaptists and Brownists of our time 2. That the King may lawfully grant his d●spensation for Pluralities and Non-residency with what conscience I know not cry out that our Kings by their Lawes doe unreasonably and unconscionably grant dispensations both for Pluralities and Non-residency onely to further the corrupt desire of some few aspiring Prelates to the infinite wrong of the whole Clergy the intolerable dishonour of our religion the exceeding prejudice of Gods Church and the lamentable hazard of many thousand soules I say that the Pluralities and Non-residency granted by the King and warranted by the Lawes of this Land may finde sufficient reasons to justifie them ●n anno 112. for if you consider the first limitation of Benefices In anno 636. that either Euaristus Bishop of Rome or Dionysius as others thinke did first assigne the precincts of Parishes The first distribution of Parishes and appointed a certaine compasse to every Presbyter and in this Kingdome Honorius Archbishop of Canterbury was the first that did the like appointing the Pastorall charge and the portion of meanes accrewing from that compasse to this or that particular person whereas before for many yeares they had no particular charge assigned nor any Benefice allotted them but had their Canonicall pensions and dividents given them by the Bishop out of the common stocke of the Church according as the Bishop saw their severall deserts for at first the greater Cities onely had their standing Pastors and then the Countrey Villages imitating the Cities to allow maintenance according to the abilities of the inhabitants had men of lesser learning appointed for those places ●iu● autic● and Non residency no transgression of Gods Law Therefore this limitation of particular Parishes being meerly positive and an humane constitution it cannot be the transgression of a divine ordinance to have more Parishes then one or to be absent from that one which is allotted to him when he is dispensed with by the Law maker to do the same for as it is not lawfull without a dispensation to doe either because we are to obey every ordinance of the higher power for the Lords sake so for the higher power to dispense with both is most agreeable to reason and Gods truth Gods Law admitteth an interpretation not a dispensation of it for all our Lawes are either divine or humane and in the divine Law though we allow of interpretation quia non sermoni res sed rei sermo debet esse subjectus because the words must be applyed to the matter else we may fall into the heresie of those that as Alfonsus de Castro saith held it unlawfull upon any occasion to sweare because our Saviour saith sweare not at all yet no man King nor Pope hath power to grant any dispensation for the least breach of the least precept of Gods Law he cannot dispense with the doing of that which God forbiddeth to be done nor with the omitting of that which God commandeth but in all humane Lawes so far as they are meerly positive and humane Mans Law may be dispensed with it is in the power of their makers to dispense with ●hem and so quicquid fit dispensatione superioris non fit contra praeceptum superioris and he sinneth neither against the Law nor against his owne conscience because he is delivered from the obligation of that Law by the same authority whereby he stood bound unto it And as he that is dispensed with is free from all sinne so the King which is the dispenser is as free from all fault as having full right and power to grant His dispensations For seeing that all humane Lawes are the conclusions of the Law of nature or the evidences of humane reason shewing what things are most beneficiall to any society either the Church or Common-wealth and that experience teacheth us our reason groweth often from an imperfection to be more perfect when time produceth more light unto us we cannot in reason deny an abrogation and dispensation to all humane Lawes which therefore ought not to be like the Lawes of the Medes and Persians that might not be changed and so Saint Augustine saith Aug. de libero arbit l. 1. Lex humana quamvis justa sit commutari tamen pro tempore justè potest any humane Law though it be never so just yet for the time as occasion requireth may be justly changed dispensatio est juris communis relaxatio facta cum causae cognitione ab eo qui jus habet dispensandi Dispensation what it is and as the Civilians say a dispensation is the relaxation of common right granted upon the knowledge of the cause by him that hath the power of dispensing or as the etymologie of the word beareth dispensare est diversa pensare The reward of learning and vertue how to be rendered to dispense is to render different rewards and the reward of learning or of any other vertue either in the civill or the ecclesiasticall person being to be rendered as one saith not by an Arithmeticall but a Geometricall proportion and the division of Parishes being as I said before a positive humane Law it cannot be denyed but the giver of honour and the bestower of rewards which is the King hath the sole power and right to dispose how much shall be given to this or that particular person Ob. If you say the Law of the King which is made by the advice of his whole Parliament hath already determined what portion is sit for every one and what service is required from him Sol. I answer that the voice of equity and justice tells us that a generall Law doth never derogate from a speciall priviledge or that a priviledge is not opposite to the principles of common right and where the Law it selfe gives this priviledge as our Law doth it yet envy it selfe can never deny this right unto the King to grant his dispensation whensoever he seeth occasion and where the Law is tacite and saith nothing of any priviledge yet seeing in all Lawes as
for the least medling in these civill affaires doe not onely suffer their owne Preachers to straine at a gnat but also to swallow a Camell when M. Henderson Marshall Case and the rest of their new inspired Prophets shall sit as Presidents in all their Counsels and Committees of their chiefest affaires and consultations either about Warre or Peace or of any other civill cognizance how those things can be answered to deny that to us which they themselves do practice I cannot understand when as the light of nature tels us Quod tibi vis fieri mihi fac quod non mihi noli Sic potes in terris vivere jure poli * Vnde Baldus jubet ut quis in alios non aliter judicet quàm in se judicari vellet And therefore when as there is no politique Philosophy no imperiall constitution nor any humane invention that doth or can so strictly binde the consciences of men unto subjection and true obedience as the Doctrine of the Gospell and no man can perswade the people so much unto it as the Preachers of Gods word as it appeareth by this Rebellion perswaded by the false Preachers because the Principles of Philosophy and the Lawes of many nations do permit many things to be done against tyrants which the Religion of Christ and the true Bishops of Gods Church do flatly inhibit How requisite it is for Kings to delegate civill affaires unto their Clergie it is very requisite and necessary for all Christian Kings both for the glory of God their owne safety and the happinesse of the Common wealth to defend this their owne right and the right of the Clergie to call them into their Parliaments and Counsels and to demise certaine civill causes and affaires to the gravest Bishops and the wisest of the ministers and not to suffer those Rebellions Anabaptists and Brownists that have so disloyally laboured to pull off the Crowne from their Kings head to bury all the glory of the Church in the dust to bring the true Religion into a scorne and to deprive the King of the right which is so necessary for his safety and so usefull for the government of his people that is the service of his Clergie in all civill Courts and Councels And as it is the Kings right to call whom he pleaseth into his Parliaments and Councells That it is the Kings right to give titles of honour to whom he pleaseth and to delegate whom he will to discharge the office of a Civill or Ecclesiasticall magistrate or both wheresoever he appoints within his Real●● and Dominions so it is primarily in his power and authority and his regall right to give titles of honour and dignity to those officers and magistrates whom he chooseth for though the Barbarians acknowledge no other distinction of Persons but of Master and Servants which was the first punishment for the first contempt of our Superiors Gen. 9.25 therefore their Kings do raigne and domineere over their Subjects as Masters do over their servants Saravia c. 28. p. 194. and the Fathers of families have the same authority over their Wives and Children as over their slaves and vassals and the Muscovites at this day do rule after this manner neither is the great Empire of the Turke much unlike this government and generally all the Easterne Kingdomes were ever of this kind and kept this rule over all the Nations whom they Conq●ered and many of them do still retain it to these very times Yet our Westerne Kings whom charity hath taught better and made them milder and especially the Kings of this Iland The mild government of our Kings which in the sweetnesse of government exceeded all other Kings as holding it their cheifest glory to have a free people subject unto them and thinking it more Honourable to command over a free then a servile nation have conferred upon their subjects many titles of great honour which the Learned Gentleman M. Selden hath most Learnedly treated of and therefore I might well be silent in this point and not to write Iliads after Homer if this title of Lord given by His Majesty unto our Bishops for none but he hath any right to give it did not require that I should say something thereof Of the title of Lord touching which you must observe that this name dominus is of divers significations and is derived à domo as Zanchius observeth where every man is a Lord of that house and possession which he holdeth and it hath relation also to a servant so that this name is ordinarily given among the Latinists to any man that is able to keep servants and so it must needs appeare how great is the malice I cannot lay the ignorance when every school-boy knowes it of those Sectaries that deny this title to be consistent with the calling of a Bishop which indeed cannot be denyed to any man of any ordinary esteeme But they will say that it signifieth also rule and authority and so as it is a title of rule and Dominion it is the invention of Antichrist the donation of the Devill and forbidden by our Saviour where he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 22.25 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mat. 16.30 that is in effect be not you called gratious Lords or benefactors which is the proper signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore these titles of honour are not fit for the Preachers of the Gospell to puffe them up with pride and to make them swell above their brethren It is answered That there is a double rule or dominion that if our Saviours words be rightly understood and his meaning not maliciously perverted neither the authority of the Bishops nor the title of their honour is forbidden for as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a title of dominion so it is fit to be ascribed to them unto whom the Lord and author of all rule and dominion hath committed any rule or government over his People and our Saviour forbiddeth not the same because you may find that there is a double rule and dominion the one just and approved the other tyrannicall and disallowed and the tyrannicall rule or as S. Peter saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pe● 5.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the domineering authourity over Gods inheritance both Christ and his Apostles do forbid but the just rule and dominion they deny not because they must do it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the son of man doth it so the manner of their rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Kings of the nations rule with tyranny he prohibiteth but as the servants of Christ ought to rule with charity not with austerity with humility and not with insolencie he denieth not and so he denyeth not the name of Lord as it is a title of honour and reverence given unto them by the King and ascribed by their people but he forbiddeth an ambitious aspiring to it and a proud carriage