Selected quad for the lemma: conscience_n
Text snippets containing the quad
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A61429
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Important questions of state, law, justice and prudence both civil and religious, upon the late revolutions and present state of these nations / by Socrates Christianus.
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Stephens, Edward, d. 1706.
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1689
(1689)
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Wing S5427; ESTC R228417
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11,035
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16
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and he is in effect only the Supream Officer and a kind of High Reeve of the Nation as the High Shire-reeve of the County who in many respects doth truly represent him And therefore because some have in our Age asserted such an Unaccountableness and Irresistibility in the King as is inconsistent with this Constitution and others from some Clauses and Declarations prescribed in some late Statutes passed soon after the Return of the late King Charles the Second may think themselves bound in Conscience to maintain the same it may be necessary to propose to their serious consideration some few Questions concerning those Clauses and the Oaths and Declarations prescribed in the Statutes of 12 13 14. Ch. 2. 1. WHether they who did take these Oaths and declare accordingly are thereby being only Declarative of their belief at that time and not promissary for the future obliged to persist in the same belief and act accordingly in all cases which may happen without further Inquiring or Examination of the Truth of that matter 2. Whether all or any of those Clauses or the Oaths prescribed in the Statutes aforesaid being all meerly Declarative and not Constitutive do or can make any real alteration in the Laws and in the very Constitution of the Government from what they were before 3. Whether the vulgar sense of those Clauses Oaths and Declarations be not inconsistant with the Natural and Original Right of Mankind to defend and maintain their Rights the special Constitution of the English Government the frequent Practice of English Parliaments and known Principles of Law allowed at this day be not contrary to the Sentiments and Practices of most Nations of this part of the World to the Judgment and Practice of divers Reformed Churches upon great deliberation in their own Case and of Queen Elizabeth King James c. and the State of England in their Assistance to other People oppressed by their Kings and their Ministers and of dangerous Consequences both to Prince and People disposing Princes with more Liberty to transgress the Laws and exposing innocent People if they believe it to oppression by them if not to Wars and Contention with them for the maintenance of their Right and therefore the Clauses and Declarations aforesaid to be either wholly rejected as false or else accommodated with some better and more convenient sense and Explication as that which no Man will deny That neither the King nor his Ministers acting according to Law may be resisted upon any Pretence whatsoever And it may deserve some Considerations 4. Whether considering the Time when these Statutes were made the ambiguous Terms in which the Declarations are drawn neither restraining them to Lawful Actions and Commssions because that would not serve the turn nor expresly extending to Unlawful because that was not likely to pass the Activity and cunning Insinuation of the Romish Emissaries and their real Interest to have the Government absolute in one governable Prince rather than subject to the Counsels and Resolves of an untractable Parliament and the Tricks which they have since imposed upon us it be not likely that in these as well as some other Statutes about and since that time there may not be some of their Projects craftily intermixed and unperceived in the transport the Nation was then in and the rather if the late late King Charles the Second had before that time entred into their Communion as is now believed And because in these things many well-meaning people may be imposed upon not only by the Authority of men whose Judgments may be byassed by Prospect of Favour and Advantage but also by Ambiguity of words as King Absolute Imperial it may be fit to note that the word King doth not necessarily import more than one having Supreme Executive power to govern according to Laws as the King of England certainly hath though the Parliament may judge whether he doth so or no. So that if any claim more that is to be prov'd from the special Constitution of the Government So the word Absolute when that is attributed to the Kings of England it is to be understood not in respect of Laws but of Tenure They hold not of Pope Emperor or any other person or State And in like manner the word Imperial when used of the Crown of England it imports no more than that it is not held of any other Crown II. Question of Law Justice and Prudence upon the Matter of Fact before related 1. WHether the Matter of Fact before related doth not contain divers very high deliberate and resolved Violations of the Laws and Constitution and tending directly and manifestly to the Subversion of the true and ancient Government of this Nation and be not good Evidence and a plain Declaration that the said King James did certainly design and endeavour the Subversion thereof and to make it Arbitrary and was therefore an Enemy to it 2. Whether all this being done at the instigation of the Papists and in favour of their Religion which obligeth them all both Prince and People to use their utmost endeavour for the Extirpation of Hereticks be not also good Evidence and an open Declaration notwithstanding their pretence of Liberty of Conscience that he was also an Enemy to the Religion and People of this Nation being Protestants and by the Pope and his party reputed and condemned for Hereticks 3. Whether the said King James having assumed to himself a power of Suspending and dispensing with the Laws and thereby invaded the Rights of the Lords and Commons and thereby and by many other open Acts declared himself an Enemy to the Government Religion and people of this Nation which are things inconsistent with the Ends and Being of Government and Civil Society and all this contrary to his Solemn Coronation Oath and through the perswasion and instigation of Jesuits and others notoriously guilty by the Laws of High Treason hath not thereby demonstrated himself incapable of the Government of this Nation and not to be further intrusted therewith and therefore 4. Whether the Prince of Orange his Coming in to preserve and maintain the Right of the Princess and himself and to defend and protect an Innocent people in the Legal enjoyment of their Religion Rights and Liberties from Violence Oppression and Destruction designed and prepared as is believed against them contrary to the Laws as Queen Elizabeth and the people of this Nation had heretofore done for his Ancestors and Countrey be not justifiable by the Laws of God and man 5. Whether the Lords Gentlemen and others of this Nation who in this case for the preservation of themselves and their Country invited the Prince to come in or after his coming entred into the Association with him for the Ends aforesaid did any thing therein but what was necessary just and lawful by the Laws of God and Man the Constitution of this Government and many precedents in this Kingdom 6. Whether the Officers and Souldiers who had
his own Children that so he might have a pretended Successor to be Educated in the Popish Religion and in time to perfect the Work he had begun or as is believed by some to baffle all hopes of a Protestant Successor for the present and in due time to set up one of his Natural Sons of his own Religion And whereas when many Lords both Spiritual and Temporal Gentlemen and others of all Ranks observing these things and well considering the great and apparent Danger that these Nations were by these means brought into had as the only Remedy under God craved aid of His Highness the Prince of Orange whose interest and concern in these matters as well as Affection to these Nations and to the Protestant Religion did both qualifie and oblige him to interpose and the Prince thereupon coming in with a Competent Army had in a Declaration set out these and the like matters as the cause of his coming and referred all to the Determination of a Free Parliament the Nobility and Gentry and others dayly resorting to him and engaging in an Association with him for the Defence of the Protestant Religion the Antient Government Laws and Liberties of these Nations and great parts of the Armly daily revolting to them the said King James was pleased at first so far to comply with these reasonable Demands as to order Writs for Elections to be Sealed and yet not long after whether through his Conscience of the Illegality of his Actions not able to endure the Examination of these matters or through the instigations of his wicked Counsellours or both caused most of the said Writs to be burnt conveyed away the great Seal the Pretended Prince of Wales the Queen and divers of the Conspirators in that Intrigue and accessories thereunto to prevent as is believed their cross Examination and further discovery of the whole Contrivance and of the rest of the Persons concerned in it and at last departed himself beyond the Seas deserting these Kingdoms and the Government thereof All this being not only true but notorious matter of Fact so that the Relation of it needs neither Apology nor Proof there arise thereupon several QUESTIONS which may concern the whole Nation and all Persons therein who have any regard to the due discharge of their Duty well to consider and in order thereunto I. Questions of State concerning the Constitution of the English Government 1. WHether by the Sacred Scriptures or any Positive Law of God there be any Particular Form of Government prescribed for the several Nations of the World or all be left at liberty to constitute any such just form of Goverment as to them shall seem most convenient And all Persons as strictly obliged to the just and reasonable Observance of those Publick Pacts and Constitutions whereby their several Governments are formed as of any private Pacts whatsoever and all again at full Liberty to use all just and reasonable means for the preservation thereof 2. Whether by THE CONSTITUTION OF THE GOVERNMENT OF ENGLAND in Legislation or making of Laws the Jus Regiae Potestatis or Regal Power be more than one third part of the Kings Negative Voice comprehend any thing more than what each of the Houses have And therefore his assuming as his Prerogative of what belongs to the whole be not an Invading of the Rights both of the Lords and of the Commons and within the sixth Case of Hugo Grotius 1. de Jure belli c. 4. § 13. wherein just force may be used against the Invador 3. Whether by the Constitution of the Government of England for the ordinary Administration of Justice there be not certain Courts and Offices appointed whose Authority the King can neither enlarge nor abridge as in each County the Hundred Courts once in three Weeks the County Court once in a Month the Courts at Westminster once in a Quarter or four times in a Year the Circuits twice in the Year and for Extraordinary Matters by the Common Law and Statutes yet in force and unrepealed ths Parliament once in the Year at least So that the Regal Right in this respect extends little farther than first to the choice of the Persons and secondly that the Commission and all Process be made in his Name as the Supreme in the Government and for the greater Honour and Majesty of the King and Kingdom 4. Whether by the Constitution of the English Government in all Ordinary matters between the King and the Subjects the Ordinary Courts of Justice at Westminster have not Jurisdiction and the Judges of these Courts be not the proper Legal Judges who may and ought to judge and determine according to the Law of the Kings Right and Actions and of the Validity thereof and to order equal Right to be done to the Subjects as well as to the King Himself 5. Whether by the Constitution of the Government of England in all Extraordinary Matters the High Court of Parliament be not the Supream Judicature and may not of themselves without the King both Judge and Correct the Errors and Misdemeanours of the Judges and great Officers of the Nation and moreover enquire into the Actions of the King Himself so far as they concern the Publick State of the Nation and if they see cause both judge and declare them to be publick Grievances and contrary to Law and also demand Redress by Petition and also in cases of great Importance and Necessity when the Constitution and publick State of the Nation is in danger by Force and Arms And whether this Right doth not remain in the Lords and Commons of this Nation in such Case if the King refuse to call a Parliament there being then no Superiour Authority or other means to determine the matter between them when the very damental Laws and Constitution are in Question Indeed it is plain in the Frame and Composure of the Government it self and in the Actions of our most Antient and Succeeding Parliaments and confirmed by the Polititie of those People from whom they did descend that out Wise Ancestors in the Constitution of this Government did particularly intend and take care of two things The one to give all the Honour and Majesty that could be to the King for the greater Honour and Advantage to the Nation abroad The other to retain all the Power that might be to themselves for the greater Security and Benefit of the Publick at Home And therefore when they had limited and confined his Power as much as was thought convenient they invested him with the rest not as a Right which he might dispose of or use as he pleased but as a Trust the management whereof they would inspect and consider and for that end as well as to inspect the Actions of inferiour Officers supply Defects c. did think fit to have frequent Conventions or Parliaments So that his Right hath a great and weighty Duty if not a Condition in Law as they call it essentially annexed to it