Selected quad for the lemma: conscience_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
conscience_n	law_n	obedience_n	obligation_n	1,036	5	9.4199	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91487	Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes.	Parsons, Robert, 1546-1610, attributed name.	1648 (1648)	Wing P573; Thomason E521_1; ESTC R203152	104,974	80

which by oath he pr●mised if on the other part that be not performed in respect whereof this oath was made as for example if two should sweare the one to assist the other upon the way in all respect● after falling upon enemies that were either kin or friends to the one of them he should take their part against his fellow cleer it is that the other were not bound to keep his oath toward that Party that hath so wickedly broken it unto him Nay not only in this case that is so evident palpable by nature it self but in many other also it is both lawfull honest convenient to leave sometimes the performance of our oath as namely when the fulfilling thereof should containe any notable hurt or inconvenience against Religion Piety justice honesty or the weal publike or against the party himself to whom it was made as if a man had sworn to restore a sword to a mad or furious man wherewith it were likely he would destroy himself others and other like cases which Cicero putteth down in his first book of offices deduceth them from the very ground of nature and reason it self saith that it were contrary to the duty of a good or honest man in such cases to perform his promise Our Divines do also alledge the example of Herod that had sworn to the daughter of Herod as to give her what she demanded who demanding the head of St. John Baptist Mat. 24 though Herod were sory for the same yet saith the text that for his oaths sake he commanded it to be performed which yet no man will deny but that it had been far better left unperformed the oath better broken then fulfilled according to another rule of the law which saith in malis promissis fidem non expedit observari Regul 68. in fine 6. Decret it is not expedient to keep our promise in things evill promised And finally to this purpose to wit to determine how many ways an oath may be lawfully broken or not kept there is a whole title in the Canon law containing 36 chapters wherein are set down many divers most excellent evident cases about the same determined by Gregory the 1. other antient Popes Doctors and in the second part of the Decret there is alledged this sentence out of Isidorus established for law in malis promissis rescinde fidem in turpi voto muta decretum impia enim promisso quae scelere impletur that is in evill promises perform not your word in an unlawfull vow or oath change your determination for it is an impious promise which cannot be fulfilled but with wickednesse and the very same matter is handled in the question following which is the fist throughout 23 whole chapters together So as nothing is more largly handled in our law both Civill Canon then this matter of promises oaths how when why in what cases they hold or bind and when no● All which to apply it now unto our matter of Kings that we have in hand we are to understand that two evident cases are touched here as you see when a Subjects oath or promise of obedience may be left unperformed towards his Prince the first when the Prince observeth not at all his promise oath made to the Common-wealth at his admission or coronation the other when it should turn to the notable dammage of the weal publike for whose only good the Princes office was ordained proved if the Subject should keep perform his oath promise made unto his Prince And both these cases are touched in the deprivation of Childerike the last K of France of the first line of Pharamond for that as Paulus Em●lus Belforest G●rard and other French stories do testifie Em●l l. 2. Hist Fran Belfor●n vita childe● Girard lib 3. the Bishop of Wirtsburg that in the name of all the Nobility and Common-wealth of France made his Speech to Zachary the Pope for his deposition and for the election of Pepin in his place alledged these reasons saying Truth it is that the French have sworn fidelity unto Ch●ldericke as to their true naturall King but yet with condition that he on his part should also performe the points that are incident to his office which are To defend the Common-wealth protect the Church of Christ resist the wicked advance the good the like and it he doe this then the F●ench are ready to continue their obedience allegeance unto him but if he be apt for none of these things neither fit either for a Captain in War or for a Head in Peace and if nothing else may be expected while he is King but detriment to the State ignominy to the Nation danger to Christ Religion and destruction to the Weal Publike then it is lawfull for you no doubt most holy Father to deliver the French from this band of their oath to testifie that no promise can bind this Nation in perticular to that which may be hurtfull to all Christendome ingenerall Thus far that Bishop and his speech was allowed and Chelderick deposed and Pepin made King in his place By this then you see the ground whereon dependeth the righteous and lawfull deposition and chastisement of wicked Princes viz. their fayling in their oath promises which they made at their first en●rance that they would rule and govern justly according to law conscience equity and religion wherein when they fayle or wilfully decline casting behind them all respect of obligation and duty to the end for which they were made Princes and advanced in dignity above the rest then is the Common wealth not only free from all Oaths made of obedience or allegeance to such unworthy Princes but is bound moreover for saving the whole body to resist chasten remove such evill heads if she be able for otherwise all would come to destruction ruine and publike desolation And here now comes in all those considerations which old Phylosophers Law-makers such others as have treated of Common-wealths are wont to lay down of the difference contrariety between a King a Tyrant Plat. dial 1 de repub Arist. l. 2. pol. c. 5. for that a King as both Plato Aristotle doth declare when once he declineth from his duty becommeth a Tyrant that is to say of the best most Soveraign thing upon earth the worst most hurtful creature under Heaven for that as the end office of a King is to make happy his Common-wealth so the butt of a Tyrant is to destroy the same And finally the whole difference is reduced to the principal head that before I have mentioned to wit That a King ruleth according to equity oath conscience justice law prescribed unto him the other is enemy to all these conditions There is a speciall book set forth of this matter by one Bartolus Father of Civil Law where the matter is handled

against them wheresoever they thinke they may make their party good inventing a thousand calumniations for their discredit without conscience or reason whom in deed I do thinke to have little conscience or none at all but rather to be those whom the Apostles Peter and Jude did speake of when they said Novit Dominus iuiquos in diem judicii reservare cruciandos magis autem eos qui dominitionem contemnunt audaces sbi placentes c. 2 Pet 2 10. J●de 8. God knoweth how to reserve the wicked unto the day of judgement there to be tormented but much more those which do contemne domination or government and are bold and liking of themselves Nay further I am of opinion that whatsoever a Princes Title be if once he be settled in the Crown and admitted by the Common-wealth for of all other holds I esteem the tenure of a Crown if so it may be termed the most irregular and exraordinary every man is bound to settle his conscience to obey the same In all that lawfully he may command and this without examination of his Title or Interest for that God disposeth of kingdomes and worketh his will in princes affaires as he pleaseth and this by extraordinary meanes oftentimes so that if we should examine the Titles at this day of all the princes in Christendom by the ordinary rule of private mens rights successions or tenures should finde so many knots and difficulties as it were hard for any to make the same plain but onely the supreme Law of God's disposition which can dispence in what he listeth This is my opinion in this behalfe for true and quiet obedience and yet on the other side as farre off am I from the abject and wicked flattery of such as affirme princes to be subject to no Law or limitation at all either in authority government life or succession but as though by Nature they had been created kings from the beginning of the World or as though the Common-wealth had been made for them and not they for the Common-wealth or as though they had begotten or purchased or given life to the Weal-publique and not that the Weal-publique had exalted them or given them their authority honour and dignity so these flatterers do free them for all obligation duty reverence or respect unto the whole Body where of they are the Heads nay expresly they say and affirme that All mens goods bodies and lives are the Princes at their pleasures to dispose of that they are under no Law or account-giving whatsoever that they succeed by Nature and generation onely and not by any authority admission or approbation of the Common-wealth and that consequently no merit or demerit of their perso is to be respected nor any consideration of their Na●ures or qualities to wit of capacity disposition or other personal circumstances is to be had or admitted and do they what they list no authority is there under God to cha●ten them All these absurd paradoxes have some men of our dayes uttered in flattery of princes to defend a kings Title with assertions and propositions do destroy all Law of reason conscience and Common-wealth and do bring all to such absolute tyranny as no Realme ever did or could suffer among civil people no not under the dominion of the Turke himselfe at this day where yet some proportion of equity is held between the prince and the people both in Government and Succession though nothing so much as in Christian Nations To avoid these two extremes as all the duty reverence love and obedience before name● is to be yeelded unto every Prince which the common-wealth hath once established so yet retaineth still the common-wealth her authority not onely to restrain the same Prince if he be exor●itant but also to chasten and remove him upon due and weighty considerations and that the same hath bin done and practised at many times in most Nations both Christian and otherwise with right good successe to the weal publick The Third Speech TWo points are now to be proved First that Common-wealths have chastised sometimes lawfully their lawfull Princes though never so lawfully they were descended or otherwise lawfully put in possession of their Crown and secondly that this hath faln out ever or for the mo●● part commodious to the weal publique and that it may seem that God approved and prospered the same by the good successe and successors that insued thereof Yet with this protestation that nothing be taken out of my speech against the sacred authority and due respect and obedience that all men owe unto Princes both by Gods Law and Nature but only this shall serve to shew that as nothing under God is more honourable amiable profitable or Soveraigne than a good Prince so nothing is more pestilent or bringeth so generall destruction and desolation as an evill Prince And therefore as the whole body is of more authority th●n the only head and may cure the head if it be out of tune so may the weal-publique cure or purge their heads if they infect the rest seeing that a body Civill may have divers heads by succession and is not bound ever to one as a body naturall is which body naturall if it had the same ability that when it had an aking or sickly head it could cut it off and take another I doubt not but it would so do and that all men would confesse that it had authority sufficient and reason to doe the same rather then all the other parts should perish or live in pain and continuall torment but yet much more cleare is the matter that we have in hand for disburdening our selves of wicked Princes as now I shall begin to prove unto you And for proofe of both the points joyntly I might begin perhaps with some examples out of the Scripture it selfe but some man may chance to say that these things recounted there of the Jewes were not so much to be reputed for acts of the common-Wealth as for particular ordinations of God himselfe which yet is not any thing against me but rather maketh much for our purpose For that the matter is more authorized hereby seeing that whatsoever God did ordaine or put in ●re in his Common Wealth that may also be practised by other Common-Wealths now having his authority and approbation for the same Wherefore said he though I do hasten to examples that are more neerer home and more proper to the particular purpose whereof we treat yet can I not omit to note some two or three out of the Bible that doe appertain to this purpose also and these are the deprivation and putting to death of two wicked Kings of Judah named Saul and Amon 1 Kin. 31. 4. King 22. 44. though both of them were lawfully placed in that dignity and the bringing in of David and Josia in their roomes who were the two most excellent princes that ever that Nation or any other I thinke have had to governe them And first king