Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	according_a	law_n	nature_n	1,115	5	5.3946	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41882	The Great case of the justices stated and determined touching their duty of putting the laws in execution, whether dissenters were indulg'd or not, or, A discourse concerning the oath of the justice of peace, explaining the extent of its obligation : being a case universally seasonable, in regard to righteousness, peace, and the prosperity of this nation.		1688 (1688)	Wing G1672; ESTC R43213	15,063	84

establishing his Conscience if he be a Justice of the Peace whether Lord Knight Mayor Alderman or Gentleman I must not wish any Body to seek it from that Book Of which as the Bookseller then did not name the Author I will not now rake up the Title Only the Distress of many Serious Conscientious Pious Gentlemen that are or at least have bin or may be called to this Office in regard to the Taking and Keeping that Oath which is then put upon them in which Case the tender Constable also may be included in regard to His does require a more Candid determination In all Oaths that are Promisory we are to know there are some Conditions to be supposed or understood as the Ground of the Lawfulness of such Oaths which else could be nothing but Snares to any good Men that took them I do not think it easie presently nor needful to reckon up all such Conditions But as for the Execution of the Laws of the Land unto which the Justices Swear there is this One most certain viz. That these Laws still be Executed in Subordination to the Supream Authority There are several things might be Instanced which a Justice is to do according to Law when upon Command from Above he is to Surcease His Authority is Subordinate to the King and the Laws to Almighty God. God now is the Supream Authority in the World and consequently there is no Man takes such an Oath to see the Laws Executed but it must be understood with Subordination to the Authority of Heaven as that of the King. If therefore there be any thing in the Laws of the Land that will not stand with our Duty to God according to the Law of Nature or his Revealed Word the Justice is to be supposed that he Sware not to Execute That but this Salvo is to be understood in his Oath Saving the Rights of God Almighty no less than those of the Crown The Ground of this does lye a little more deep than every one at first sight does see which is That every thing that is such is not indeed Law. That which the Justice Swears to Execute is the Law But if this or that particular thing enjoyned by Man be disagreeable to the dictates of Nature or the Scripture which both are God's Will such a thing cannot be made Law is no Law and he is to look to himself as not Sworn to perform it I suppose the Justice will readily give his Ear to this and it is thus confirmed Power is a Right to Command This Right is the Grant of the Superiour Authority God is Supream of All. He does not grant that a Man or any Men should Command what he Forbids Whatsoever then is disagreeable to his Will cannot be Commanded that is cannot be Law and the Justice Swears only to Execute Law. I remember a great while agoe I applied my self to a Justice to deliver a Quaker out of Goal I found him willing heartily but he believed he might not for fear of his Oath I went away not daring if he thought so to press him any more to it but I thought upon it I considered it was a hard thing that Men by the Law should be Imprisoned and kept Year after Year only for their Perswasion I considered again that Goodness which makes Men like God the Rule of Righteousness Quod tibi non vis fieri alteri ne fieris the Law of Love and the Duties especially of Mercy Kindness Gentleness which Christ requires of his Followers did prompt to acts that are Contrary I resolved then if the Law required one thing and Christianity or the Law of Nature another the Law of God must take place and no Oath consequently could bind against God's Commandment is to be Exercised And the Issue perhaps will come to this That according as he believes the sparing or not sparing such made Faults that is Faults of Man's making by Law upon such extrinsical accounts and not God's to be conducive to those ends if they be good he is to be guided in his actings Saul binds the People with a Curse That they shall not Eat till the Evening Jonathan knowing nothing of this Eats and upon Lot and Discovery is Commanded to be Slain The People for all this Oath will not Execute that Law or Command but save Jonathan Now look what would justifie the People in refusing Obedience to that Oath will acquit the Justice who upon the same account for all his Oath does not Execute some Law of the Realm The People thought it a rash Determination an unreasonable Sentence and a Sinful Command against the Sixth Commandment that the Innocent should be Punished It had been Murder if they had pursued the Oath And upon that account we are to judge Saul reproved of his unadvised Curse and he bound to Repent but no body to Execute what he had Sworn And yet all of them nevertheless bearing still the same Faith and Allegiance to the Anointed of the Lord. If you desire more than this I will distinguish in the next place between the Law and the Reason of it the Letter of the Law and the Purpose of it according to which it receives its Construction If a Justice of Peace does act according to the Intent and Reason of the Law I do apprehend he does perform his Oath better than if he rigorously stood upon the Letter Nay he may contract Guilt upon himself in the One when he shall not in the Other The Laws now against the Dissenter I apprehend to stand in general upon this Reason They would have them come to Church and secure the Peace of the Nation If a Justice then apprehend that the using of Rigour will but drive more from the Church and enkindle disturbance I ask Whether he be most obliged for the observation of his Oath to Forbearance or Prosecution Severity it is true hath been found a little of late as it so happened to have done something But at another time with other Persons where the Conscience is Steeled it hath done and it can do just nothing unless where it is Over-Cruel and that makes Desolation and at long running doth but widen the breach Solitudinem faciunt pacem vocant Again Though the Law pass in Parliament the Executive part is committed to the King. I will suppose now a Prince to be of the Mind that Tenderness is like to be more conducive to the Good these Laws design than Violence or to be in his Judgment against Persecution I ask then Whether the Justice who acts under the King might not satisfie his Conscience in this That he shall according as he Judges by Indulgence rather than by Rigour best comply with the Will of the Supream Governour I remember well in the time of the late King That I my self once heard Him with my own Ears declare at Council-Board and that Solemnly for he rose up saying so That He was against the Persecuting any for their Consciences