Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	action_n	law_n	moral_a	1,065	5	9.0930	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49800	Politica sacra & civilis, or, A model of civil and ecclesiastical government wherein, besides the positive doctrine concerning state and church in general, are debated the principal controversies of the times concerning the constitution of the state and Church of England, tending to righteousness, truth, and peace / by George Lawson ...	Lawson, George, d. 1678.	1689 (1689)	Wing L711; ESTC R6996	214,893	484

Agents the State wronged demands satisfaction or Justice and cannot be heard then there remains no way but to hazard a War and defer the cause to God to decide it by the Issue which he shall give Sometimes a State may be unjustly invaded in which case there is no remedy but a defensive War. 1. To judge and determine of this War whether offensive or defensive to have the chief Command to grant Commissions to Press Men provide for Arms and Money to denounce and proclaim the War by Heralds belongs unto the Soveraign who is trusted with this Militia not only against foreign States but against Seditious and Rebellious Subjects 2. After a War begun and continued a Peace may be concluded and this is another Act of Majesty Personal 3. Because one State may strengthen help and benefit another hence Leagues of Peace and Amity and also for mutual offence or defence or for Protection or for Commerce Yet none of these are valid by the very Law of Nations but as made concluded continued by the supream Powers Personal 4. The Soveraigns of several States cannot in their own Persons except very rarely meet together and act personally face to face one with another neither is it convenient or expedient so to do Therefore a way and means dictated by the light of Nature hath been invented to act by others who are their Deputies and Representatives and these are called Ambassadours To send these whether ordinary or extraordinary and to give them Power and Commissions with Instructions and Letters Credential that their Acts may be valid is the right of Majesty Personal To this Head may be referred the sending of Heralds and Agents or Envoyes section 10 This personal Majesty and Soveraignty acts within the Common-wealth and with the Subjects as Subjects With these it acts 1. In matters of Religion For Magistratus est custos utriusque tabulae where by Magistrate we must not understand Officers but supream Governours as the word is taken largely by many Authors especially such as profess Theology For it is the Duty as it is the Right of Civil Soveraigns to order matters of Religion and that in the first place so far as it tends unto or concerns the peace and happiness of a State which depends much upon the establishment profession and practice thereof As they must order it so they must not only constantly and sincerely profess practise it themselves but as Soveraigns protect and defend their Subjects in the profession and exercise of the same so far as their coactive-force and Sword may justly do it This should be their first and principal Work which they should do not onely for the good of the people but their own happiness success and establishment in the Throne They are not to associate as Priests or Presbyters nor arrogate the power of making Canons Ordination Excommunication Absolution and such like Acts which are purely spiritual yet they may make Civil Laws concerning those things and execute the same and also ratifie by Civil Acts the Ecclesiastical Canons and punish such as shall violate the same Yet this right doth presuppose the Religion which they establish and maintain to be true and instituted from Heaven It 's true that the consciences of men are subject only unto God and to him alone are they answerable for their secret thoughts and opinions which men can have no certain cognisance of Yet if they broach errours in Religion and blasphemies and seek by communicating them by word or writing to seduce pervert infect others they disturb the peace of the State offend God and bring Gods Judgements from Heaven upon themselves who are guilty of such sins and upon the Soveraign and the subject of that State where they live And in this case though the consciences cannot be forced yet their estates persons lives are liable to the sword and in that respect they may and ought to be punished by the sword of Justice This is so a Right of Civil Soveraigns that we never read of any State of civilized people without Lawes concerning Religion and the worship of a Deity I confess this branch of civil Power is not rightly placed nor is the method exact because it comes in under the Heads of Legislation and Jurisdiction the matter of both which are Religion mens persons estates and lives section 11 After matters of Religion which are more spiritual and divine follow such as are temporal and humane Concerning these we have two acts of Majestie 1. Legislation 2. Execution of Laws made hence these two Jura Majestatis 1. A right to make Laws 2. A right to execute them This Power of making Laws is the principal and most necessary and doth inseparably adhere unto the Soveraign once constituted It was Jethro's counsel to Moses which with Gods approbation he followed to teach the people Laws that all Subjects and Officers might know their work and duty and the Rule which must direct them in all actions of Officers and subjects as such this was Gods order For after that he became their Soveraign and the people of Israel his subjects he proceeds to make Lawes Moral Ceremonial Judicial yet the personal Soveraign hath no power to make fundamental Laws concerning the constitution but only for the administration This our Parliaments if rightly constituted and duly acting for the publick good I honour as much as any man may take notice of Yet I may not presume to teach them much less correct them This Power is given by the consent of the people in the constitution who upon their submission become their Soveraigns subjects and are bound thereupon either to obey his Lawes once made or suffer This is not meerly a Power to teach and direct them but to bind them To this Head are brought the Power of repealing interpreting altering Lawes with Dispensations Reservations naturalizing granting Priviledges conferring Honours founding Colledges and Corporations Legitimation restoring the blood tainted and all acts of Grace as giving immunities exemptions tolerations indulgences acts of oblivion section 12 After Legislation follows Execution which in this place is not the execution of the Judges Sentence for that follows as a distinct act of Jurisdiction This right of Majesty is of far greater latitude and reacheth all acts that tend to the execution of the Laws which are in vain if not put in execution And because this cannot be done without Officers and Judgment therefore this comprehends under it The right of making Officers administration of Justice The making of Officers as without which the Laws cannot be put in execution is the first of these two By Officers I understand all such as are used by the Soveraign for to put in practice the Law and perform any publick act These may be either ordinary or extraordinary temporary or standing for Peace or War for to deal with forriegn States Such are all Dictatours Viceroyes Regents Treasurers Counsellours Judges Sheriffs Constables Captains and Commanders by sea

is not bound to obey because he subjected himself according to the Laws of Wisdome and Justice Yet in such cases he being a subject as a Subject must be willing to suffer and not resist the power for though the power be just and we are bound to submit yet we are not bound to obey the unjust Laws of a just power The Apostles would not obey the unjust commands of their Rulers yet they did not resist their power but rather suffered though unjustly persecuted By this subjection the Subject is bound to maintain their higher Powers for the publick good and safety For this cause therefore saith the Apostle pay you Tribute also for they are Gods Ministers attending continually upon this thing Rom. 13.6 By this Subjection he is further bound to hazard not only his Estate but his Life and Person for the Soveraign and the State in a time of publick danger And all this must be done not for fear but Conscience sake For subjection is a duty required by the Moral Law of God and must be performed out of love and in obedience unto God and cannot be performed by any so fully as by a sincere Christian. And though we must pray for all men yet especially must we pray for them 1 Tim. 2.1 And in praying for them we pray for our selves and for our own peace Honour also is due from Subjects to their Soveraigns by reason of their eminent Dignity which ariseth from their power Contrary to these are dishonouring reviling or vilifying the Higher Power disobedience to their just Laws denying of Tribute and other dues refusing to hazzard Person or Estate for the Publick safety revolting and infidelity keeping Intelligence with Enemies open Rebellion and Resistance of their Power secret Treasons and Conspiracies against their Person or other ways directly or indirectly And the greatest Treason and Rebellion and Infidelity is that against the State it self and real Majesty the next is that against personal Majesty in the general Representative of the whole Community the next to that is that against the person or persons upon whose safety the Peace and Happiness of the People much depends And that which is against Government in general is far greater than that which is only against this or that form in particular Treason against Laws is more hainous than Treason against persons and Treason against the Fundamental Laws than Treason against Laws for Administration This Treason against the Fundamentals was charged upon the Earl of Strafford and the personal Commands of the King could no ways excuse him Yet it was not thought fit that the Judgment past upon him should be made a Precedent for Inferiour Courts because none but a Parliament could judge of and declare the Constitution and what was against it and what not section 4 And here I might take occasion to speak of Subjection unto Usurped Power and acting under it of the continuance of this Obligation unto Subjection and the dissolution of it of the Obligation of the Oaths of Supremacy and Allegiance the Protestation the Covenant and Engagement in respect of such as have taken them Of the Civil Wars of late how far they tended unto the Dissolution of the Government and how far they did actually dissolve it Whether the warlike resistance made by the Parliament against the King's Commissions and his party was Rebellion and whether there was any legal certain Power that could justly challenge Subjection or induce an obligation to it since the commencement of the War or whether the Power continued in the Parliament till the Members thereof were secluded whether the Act of Alteration was a sufficient ground of Obligation or whether any of the Alterations made since can be sufficient for that purpose But the distinct discussion hereof would require a great Volume which I intend not Neither if I should presume to deliver my judgment in these particulars is there any probable hope of giving satisfaction seeing so many men of Eminent Parts and Learning do so much differ in them I can and I shall pray that God would open our Eyes to see the Truth and unite our Hearts in Love one towards another 1. For Usurpation few do distinguish between the Usurpation and manner of Acquisition and the power itself For Power is Gods and is always just though it may be both acquired and exercised unjustly There are also several kinds o● Usurpation whereof some may be apparently unjust and some doubtful And there is scarcely any power now in the Kingdoms and States of this World but were Usurped either by the present Possessors or some of their Predecessors Neither can the tract of time make them lawful without some rational consent either tacit or express and something of Divine Providence besides For supream power personal cannot be usurped and possessed by any man without the Will of God not only permitting but acting and giving it too not that he approves mans sin or can do any thing unjust but for Reasons just and good known many times only to himself and not to us For God hath made use of Usurpers for to execute his judgements and to do as much Justice as many lawful Successors or Possessors and may bless them temporally for their good service and yet punish them for their Ambition and unjust manner of seeking Power By this he no ways doth warrant or encourage or give the least liberty to any one to usurpe power unlawfully We must in this point put a great difference between those Usurpations which are contrary to the Moral Laws of God and such as are only disagreeing with humane Institutions which many times may be unjust Suppose we desire to have an Usurper or Usurpers removed yet we must consider whether removal may not do a far greater mischief than our submission can possibly do When we do submit we must not so much look upon the unjust manner of acquiring the power as at the power itself which is from God and we must consider the necessity which Divine Providence hath brought us into seeing he gives us no power or opportunity to right our selves in respect of humane Titles or free our selves from such as we conceive Usurpers under whom he many times enjoys Protection Peace Justice and the Gospel It 's no Wisdom to be so ready and rash as to call every one Usurper which did not obtain his power according to the Fancies and Idea's of our own Brain and to deny all power when as they know that if there should not be power and in the hands of some and the same exercised too all would come to ruin and they themselves could not escape It may be observed that the greatest Usurpers themselves are readiest to charge those with Usurpation which have justly dispossessed them Yet for all this we must not justifie Usurpation that is truly and really Usurpation neither must we swallow Gudgeons comply with every party and sail with every wind as some are ready to do Yet