Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	authority_n	child_n	parent_n	1,909	5	8.7664	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43135	The right of succession asserted against the false reasonings and seditious insinuations of R. Dolman alias Parsons and others by ... Sir John Hayward ... ; dedicated to the King ; and now reprinted for the satisfaction of the zealous promoters of the bill of exclusion.	Hayward, John, Sir, 1564?-1627.	1683 (1683)	Wing H1233; ESTC R11039	98,336	190

in popular Governmens there is nothing but sedition trouble tumults outrages and injustices upon every light occasion and then we shall perceive first that you want the art of a wise deceiver not to be entangled in your tale Secondly that this is mere poyson which the Devil hath dropt out of your Pen to infect Christian Countries with disobedience and disorder In a word to the contrary of this your impudent untruth our Laws do acknowledge supreme authority in the Prince within the Realm and Dominions of England neither can Subjects bear themselves either superiour or equal to their Soveraign or attempt violence either against his person or estate but as well the Civil Law as the particular Laws and Customs of all Countries do adjudge it high and hainous Treason I will speak now without passion What reason have we to accept your idle talk for a kind of authority against the Judgment and Laws of most Nations in the world You proceed that the power of a Prince is given to him by the Commonwealth with such conditions and exceptions as if the same be not kept the people stand free That the Prince receiveth his power under plain conditions you go about to prove afterward now you hold on that in all mutual contracts if one side recede from promise the other remaineth not obliged And this you prove by two Rules of the Law The first is He doth in vain require promise to be kept of another man to whom he refuseth to perform that which he promised The other is A man is not bound to perform his Oath if on the other part that be not performed in respect whereof he did swear Poor fellow had you been as conversant in the light of Law and clear course of Justice as you are in the smoak and dust of some corner of a Colledge you would never have concluded so generally so confidently upon any of the Rules of Law which are subject for the most part unto many exceptions Alexander Felinus do assign five fallencies unto these Rules Socinus giveth the contrary Rule To him that breaketh his faith or oath faith ought to be kept and then restraineth it with seven limitations But all affirm that in those offices which are mutual between any persons by the Law of Nature or of God as between the Father and the Child the Husband and the Wife the Master and Servant the Prince and the Subject although the same be further assured by Promise or by Oath the breach of duty in the one is no discharge unto the other And therefore if the Father performeth not his duty towards his Children they are not thereby acquitted both of the obedience and care which God and Nature exacteth of them howsoever Solon in his Laws discharged Children from nourishing their Parents if they did not train them in some Trade whereby they might acquire their living Much less are Subjects exempted from Obedience if the Prince either erre or be defective in Government because the like respect is not due unto Parents as unto Princes as I have somewhat touched before insomuch as a Son that beareth authority hath right both to command and compel the Father This was declared among the Romans by that which Plutarch Livie Valerius and Gellius do report of Q. Fabius to whom being Consul when Fabius Maximus his Father who had been Consul the year before did approach sitting upon his Horse the Son commanded him by a Sergeant to alight the Father not onely obeyed but highly commended both the Courage and Judgment of his Son in maintaining the Majesty which he did bear and in preferring a publick both Duty and Authority before private Upon those examples Paulus the Lawyer did write that publick discipline was in higher estimation among the Roman Parents than the love of Children After an impertinent discourse that upon divers considerations an Oath ought not to be performed you annex another cause wherefore Subjects may withdraw their Allegeance and that is when it should turn to the notable damage of the Commonwealth And both these you affirm to be touched in the deprivation of Childerick King of France But I regard not what was touched in the deprivation of Childeric I have answered to that in the Chapter next before I require either Arguments or Authority of more tough temper Well then let us turn back the leaf and there we shall find a Rule of the Law because by Rules only you will only beat down Rule In evil promises it is not expedient to keep faith Which is also confirmed by a sentence of Isid●rus In evil promises break your word in a dishonest oath change your purpose Well fare your wits good soul Do you account the promise of obedience evil not so I suppose you will say but it turneth to be evil when it turneth to the notable detriment of the Commonwealth It is one of your peculiar gifts the further you go the more impious you declare your self For if you take the word evil in no higher sence than for detriment and dammage it would follow upon your rule that a man were no further tied to his promise than the performance thereof were advantageable unto him You would enforce also that if the Father doth dissipate his patrimonial Estate and run a course to ruine his Family the Children and the Wife may thereupon disavow their duties But if we take a true touch of this point we shall find that the vices of any Prince are not sufficient of themselves to overthrow a State except thereupon Rebellions be raised which will draw all things into confusion For there is no Prince which either hath lived or can almost be imagined to live in so little sence of humanity but generally he both favoureth and maintaineth some order of Justice only against particular persons some of them have violently been carried by the tempest of their passion whereby notwithstanding the inordinate desires of one man cannot possibly reach to the ruine of all So saith Suetonius that under Domitian the provinces were well governed only certain private men at Rome felt the evil of his cruelty and other vices But when the people do break into tumult then all course of Justice is stopped then is either assistance made or resistance weakned for forain Invasion then is every one raised into hope who cannot fly but with other mens Feathers then as when a fierce Horse hath cast his Rider the Reins are loosed to those insolencies which a dissolute people nothing restrained either by honesty or ●●ar do usually commit For as it is the nature of men when they come ou● of one extremity wherein they have been holden by force to run with a swift course into another without staying in the midst so the people breaking out of Tyranny if they be not hold back will run headlong into unbridled liberty and the harder

the same points in effect which before have been mentioned This we must take upon your forfeited Faith for you alleadge no form of Oath onely you write that the fourth National Council of Toledo with all humility convenient did require that the present King and all other that should follow would be meek and moderate towards their Subjects and govern them with Justice and not give sentence in Causes capital without assistance declaring further that if any of them should exercise cruel and proud Authority that they were condemned by Christ with the sentence of Excommunication and separated to everlasting Judgment But what pang hath possessed your dreaming brains to term this by a marginal Note Conditions of reigning in Spain being no other than a reverent and grave admonition of the duty of a King with a fearful declaration of the Judgment of God against wicked Princes And that which was afterward decreed in the sixth Council of Toledo That the King should swear not to suffer any man to break the Catholick Faith because it is a principal point of his duty his Estate was not thereby made conditional The rest of this passage you fill up with froath of the antiquated Law of Don Pelayo prescribing a form of inaugurating the Kings of Spain whereof there is not one point either now in use or pertaining to the purpose So miserable is your case that you can write nothing therein but that which is either impertinent or untrue For France your first Example is taken from the Coronation of Philip the First wherein you note that King Henry his Father requested the people to swear Obedience to his son inferring thereby that a Coronation requireth a new Consent which includeth a certain Election of the Subjects But this is so light that the least breath is sufficient to disperse it Philip was crowned King during the life of his Father which action as it was not ordinary so was it of such both difficulty and weight that it could not be effected without assembly and consent of the States The Oath which he made is in this form extant in the Library of Rheimes I do promise before God and his Saints that I will conserve to every one committed unto me Canonical Priviledge and due Law and Iustice and will defend them by the help of God so much as shall lie in my power as a King by right ought to do within his Realm to every Bishop and to the Church committed to him and further to the People committed to my charge I will grant by my authority the dispensation of Laws according to right Adde to this a more ancient form of the Oath of those Kings which it seemeth you have not seen I swear in the Name of God Almighty and promise to govern well and duly the Subjects committed to my charge and to do with all my Power Iudgement Iustice and Mercy Adde also the Oath which you alleadge of Philip the Second surnamed Augustus To maintain all Canonical Priviledges Law and Iustice due to every man to the uttermost of his power to defend his Subjects as a good King is bound to do to procure that they be kept in the union of the Church to defend them from all Excess Rapine Extortion and Iniquity to take order that Iustice be kept with equity and mercy and to endeavour to expel Hereticks What doth all this rise unto but a Princely promise to discharge honourably and truly those points of duty which the Laws of God did lay upon them What other Conditions or Restraints are imposed What other Contract is hereby made Where are the Protestations which in the end of the last Chapter you promised to shew that if the Prince do fail in his Promise the Subjects are free from their Allegiance What Clause do you find sounding to that sence But you little regard any thing that you say you easily remember to forget your word Well then we must put these your vain Speeches into the reckoning of Money accounted but not received and seeing you cannot shew us that the Kings of France and of Spain are tyed to any Condition whereto the Law of God doth not bind them I will not vary from the judgment of Ordradus in affirming them to be absolute Kings I have pressed this point the rather in this place because you write that most Neighbour-Nations have taken the form of anointing and crowning their Kings from the ancient custom of France although the substance be deduced from the first Kings of the Hebrews as appeareth by the anointing of King Saul whereof David you say made great account notwithstanding that Saul had been rejected by God and that himself had lawfully born Arms against him Out Atheist you would be dawbed with Dung and have the most vile filth of your Stews cast in your face Did David bear Arms against his anointed King did he ever lift up his eye-lids against him did he ever so much as defend himself otherwise than by flight It is certain that Shemei did not half so cruelly either curse or revile this holy man who did so much both by speech and action detest this fact that he would rather have endured ten thousand deaths than to have defiled his Soul with so damnable a thought What then shall we say unto you who to set up Sedition and Tumult abuse all divine and humane Writings in whatsoever you believe will advance your purpose who spend some speech of respect unto Kings for allurement onely to draw us more deep into your deceit Shall we give any further ear to your Doctrine both blasphemous and bloudy We will hear you to the end and I deceive my self but your own tale shall in any moderate judgment condemn the authority of your opinions for ever Let us come then to your last Example which is neither the last nor the least whereat you level and that is of England which of all other Kingdoms you say hath most particularly taken this Ceremony of Sacring and Anointing from France Well let the Ceremony be taken from whence you please if the Oath be no other than you do specifie To observe peace honour and Reverence unto Almighty God to his Church and to the Ministers of the same to administer Law and Iustice equal●y to all to abrogate evil Laws and Customs and maintain good which was the Oath of King Richard the First the like whereto was that of King Iohn altered onely in the first branch To love and defend the Catholick Church If the Oath be no other I say I do not see what other Answer you need to expect but that it is onely a free Royal Promise to discharge that duty which God doth impose And this is plainly declared by the Speech which you alleadge of Thomas Arundel Archbishop of Canterbury to King Henry the Fourth Remember saith he the Oath which voluntarily you made Voluntarily he said and not necessarily it was voluntaly in Oath but necessary in