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A87530 A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country. Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name. 1648 (1648) Wing J595; Thomason E427_17; ESTC R202656 43,342 52

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name and by authority of the Kings highnesse and his heyres Kings of this Realme in all Shires Counties Counties palatine and other places of this Realme Wales and Marches of the same or in any other his dominions at their pleasure and wills in such manner and forme as Justices of Eire justices of Assise justices of Peace and justices of Goale-delivery be commonly made in every shire of this Realme any grants usages prescription allowance act or acts of Parliament or any other thing or things to the contrary thereof notwithstanding By the Statute of 1. Edw. 6. cap. 2. It is acknowledged that all authority of jurisdiction spirituall and temporall is derived and deducted from the Kings Majestie as supreame head of the Realme and that no Ecclesiasticall Court can be held within the Realme but by authority from his Majestie By the statute of 5. and 6. Edw. 6 cap. 11. It is recited Forasmuch as it is most necessary both for common pollicy and duty of the Subjects above all things to prohibit restraine and extinct all manner of shamefull slanders which might grow happen or arise to their sovereigne Lord the Kings Majestie which when they be heard seene or understood cannot but be odible and abhorred of all those sorts that be true and loving Subjects if in any point they may doe or shall touch his Majesty upon whom dependeth the whole unity and universall wealth of this his Realme c. By the Statute made in the second Parliament of the first yeare of Queene Mary cap. 1. It is acknowledged that the imperiall Crowne of this Realme with all dignities honours prerogatives authorities jurisdictions and preheminences whatsoever to the same united or annexed were descended unto Queen Mary and that by force and vertue of the same all regall power dignity honour prerogative preheminency and jurisdiction did appertaine and of right ought to appertaine unto her as to the soveraigne supreame governour and Queene of this Realme By the statute of primo Eliz. cap. 1. The Queenes right as belonging to the Crowne of England and are restored to her and the Oath of supremacie enacted and then made and by another Act made the same Parliament cap. 3. Intituled an Act of Recognition of the Queenes highnesse title to the imperiall Crowne of this Realme the whole Parliament acknowledgeth the Queenes right to the Crowne by lawfull discent and succession both by the lawes of God and the lawes and statutes of this Realme with all the rights prerogatives preheminencies and jurisdictions whatsoever belonging or appertaining to the same binding themselves therein by solemne oath to maintaine the title of her and her heyres thereunto Neither can I omit to remember that famous and never to bee forgotten Act of Recognition of his right to the Crowne of England made to King James our Kings Father in full Parliament in the first yeare of his reigne which that it may the more clearely appeare what it is I have here transcribed at large without addition or diminution of word or syllable as an Act to the observance whereof I am obliged and was bound in the loynes of myne Ancestors who were then representatively present in the same Parliament which act of Parliament is thus intituled A most joyfull and just Recognition of the immediate lawfull and undoubted succession descent and right to the Crowne The act it selfe is printed in the statutes at large in these words Anno primo Iacobi Regis Great and manifold were the benefits most deare and most gracious Sovereigne wherewith Almighty God blessed this Kingdome and Nation by the happy union and conjunction of the two noble houses of Yorke and Lancaster thereby preserving this noble Realme formerly torne and almost wasted with long and miserable dissention and bloody civill warres But more inestimable and unspeakable blessings are therby powred upon us because there is derived and growne from and out of that union of those two princely Families a more famous and greater union or rather a reuniting of two mighty famous and ancient Kingdomes yet anciently but one of England and Scotland under one imperiall Crowne in your most royall person who is lineally rightfully and lawfully descended of the body of the most excellent Lady Margaret eldest daughter of the most renowned King Henry the seaventh and the high and noble Princesse Queene Elizabeth his Wife eldest daughter of King Edward the fourth The said Lady Margaret being eldest sister of King Henry the eight Father of the high and mighty Princesse of famous memory Elizabeth late Queene of England In consideration whereof albeit we your Majesties most loyall and faithfull subjects of all estates and degrees with all possible and publique joy and acclamation by open Proclamations within few howres after the decease of our late Sovereigns Queene acknowledging thereby with one full voyce of tongue and heart that your Majestie was our onely lawfull and rightfull leige Lord and Sovereigne by our unspeakable and generall rejoycing and applause at your Majesties most happy Inauguration and Coronation by the affectionate desire of infinite numbers of us of all degrees to see your Royall Person and by all possible outward meanes have endeavoured to make demonstration of our inward love zeale and devotion to your excellent Majesty our undoubted rightfull leige Sovereigne Lord and King Yet as we cannot doe it too often or enough so can there be no meanes or way so fit both to sacrifice our unfained and hearty thankes to Almighty God for blessing us with a Sovereigne adorned with the rarest gifts of minde and body in such admirable peace and quietnesse and upon the knees of our hearts to Agnize our most constant faith obedience and loyalty to your Majesty and you royall Progenie as in this high Court of Parliament where all the whole body of the Realme and every particular member thereof either by person or by representation upon their owne free elections are by the lawes of this Realme deemed to be personally present To the acknowledgment whereof to your Majestie wee are the more deeply bounden and obliged as well in regard of the extraordinary care and paines which with so great wisedome knowledge experience and dexterity your Majestie fithence the imperiall Crowne of this Realme descended to you have taken for the continuance and establishment of the blessed peace both of the Church of England in the true and sincere Religion and of the Common-wealth by due and speedy administration of Justice as in respect of the gracious care and inward affection which it pleased you on the first day of this Parliament so lively to expresse by your owne words so full of high wisedome learning and vertue and so repleate with Royall and thankfull acceptation of all our faithfull and constant endeavours which is and ever will bee to our inestimable consolation and comfort We therefore your most humble and loyall subjects the Lords Spirituall and Temporall and the Commons in this present Parliament assembled doe from
sent Jehu with the like message unto Baasha as we read 1 of Kings 26. 2. And we read of Syrus the Assyrian heathen Emperour Isaiah 44. 28. where God saith of Cyrus He is my shepherd and shall performe all my pleasure and the 45 1. Thus saith the Lord to his anointed to Cyrus whose right hand I have holden to subdue Nations before him and verse the 5. of the same Chapter I am the Lord and there is none else there is no God besides me I guided thee though thou hast not knowne me God also calleth Nabuchaduezar that wicked idolatrous persecuting heathen King of Babylon his servant no lesse then three times in holy writ as we read Ier. 25. 9. 27. 16. and 43. 10. which severall places of Scripture doe clearly evidence to me that be the Prince or King never so wicked or Idolatrous be he never so unjust nay be he Pagan or Infidell God acknowledged them to be his owne ordinance upon his people nay and more commands his people to yeeld obedience to them as his ordinance upon paine not only of temporall destruction but of everlasting condemnation and this is proved unto us by that command of God given to his chosen people the Jewes Jer. 27. 12. Bring your neck under the yoke of the King of Babylon and serve him and live why will you dye thou and thy people by the sword by the famine and by the pestilence as the Lord hath spoken against the Nation that will not serve the King of Babylon therefore hearken not to the words of the Prophets that speake unto you saying Yee shall not serve the King of Babylon for they prophesie a lye unto you for I have not sent them yet they prophesie a lye in my name that I might drive you out and that yee might perish ye and the Prophets that prophesie unto you Nay God by the mouth of the Apostle St. Paul Rom. 13. 1. commands us upon paine of damnation to obey his ordinance in these words Let every soule be subject to the higher powers for there is no power but of God whosoever resisteth the power resisteth the Ordinance of God and they that resist shall receive to themselves damnation who these high powers are St. Peter tells us 1 Pet. 2. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto governours as unto those that are sent by him The King then is the highest power under God in his Realme and governours are sent but by him and therefore only to be obeyed because sent by him thus we see were our King an heathen an Idolater an unjust or perjured person yet he is Gods ordinance upon his people God so acknowledges wicked Princes to be nay commands obedience to them lest we be temporally destroyed Nay more then that lest we receive to our selves damnation What then shall I sweare not to serve honour submit unto and obey my most Gracious Sovereigne Lord King Charles a Christian King and anointed crowned nay my naturall King as religious just pious vertuous mercifull and wise a King as ever reigned over this Realme of England or at this time lives in the world without disparagement to any Prince or Potentate now living upon the face of the whole earth Marry God forbid for feare I receive unto my selfe damnation No I will with St. Peter 1 Pet. 2. 17. Feare God honour the King which words import a most holy ordinance eternall and indispensable and by us for no ordinance of man whatsoever to be omitted or by any Law to be discharged thus much in generall touching the duty that every Subject owes to his King by the Laws of God But if it be objected that these generall precepts inforce nothing in this particular case of the Negative Oath I answer they doe very pregnantly for the words of the Negative Oath are these I. A. B. doe sweare from mine heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament In which words there is an inhibition of that duty to my King which by Gods Law and his holy Word I am enjoyned to performe towards him and if I sweare this oath I restraine my selfe thereby in part of that subjection and obedience which is due from mee to my Sovereigne for it doth not appeare by the Scriptures afore mentioned nor by any other that I know that there is any case whatsoever excepted wherein I ought not to pay tribute custome feare or honour to my King But in this case I engage my selfe by mine oath not to adhere or willingly assist the King in this Warre or in this Cause against the Parliament which is as much to say as I shall not pay him that is due to him by the Law of God and injunction of the Scriptures If it bee objected that the Scripture bindes mee not to assist the King or adhere unto him in matter of War I answer it doth though not in direct words yet in full effect and substance for within the precept of Peter 2. 17. Feare God honour the King And by the first Commandement of the second Table honor thy father and thy mother is included all manner of aid and assistance due to a King both in warre and peace which I prove thus The Geneva notes which I follow in the interpretation of Scriptures being most authenticall of any in these times of Reformation commenting upon the 20 Ezek. 12. on these words Honour thy father and thy mother expresse that by the parents also is meant all that have authority over us wherein the King is included and upon the 5 Chapt. of Deut. 16. verse upon the same words glosse thus not for shew but with true obedience and with due reverence and upon the 15. Chap. of Matth. and 4. verse where our blessed Saviour reproves the Jewes for not observing this Commandement by offering their Corban which in their case was much like this Negative Oath in ours saith thus unto them Honour thy father and thy mother and he that curseth father or mother let him dye the death but yee say whosoever shall say to father or mother by the gift that is offered by me thou maiest have profit though he honour not his father or mother shall be free thus have you made the Commandement of God of none effect by your traditions O hypocrites Esaiah well prophesied of you saying This people draweth neare unto mee with their mouth and honour me with their lips but their heart is farre from me but in vaine they worship me teaching for doctrine mens precepts The Geneva notes say that by honour is meant all kinde of duty which children owe to their parents and what that is both Arias Mountanus and Vatablus upon the same place interpret that Honarare est omni in memento supportare vel sustentare to honour is to support and helpe
said That the naturall body of the King and his politique make but one body for as long as the naturall body lives the politique is inherent being meerely imaginary and invisible as it is said in Calvins case whereupon I inferre that the Kings politique capacity his body being absent is not in the Parliament And in 10. Eliz. Plowdens 316. it 's affirmed That the law makes not the servant greater then the Master nor the subject greater then the King for that were to subject order and measure since therfore the King hath so undoubted a right to the Crowne and is my lawfull Sovereigne and mine allegiance is due unto the Kings person by the Law of the Land Recognized and acknowledged in so many severall Parliaments in all ages and confirmed by so many undeniable authorities in Law reported in our Books and since it stands proved that mine Allegiance is due unto his naturall person both by the Law of God nature and the law of the Land and can neither be abjured released or renounced being inseparable from the person of the King and indispensably due from me to him I conclude that the Oath which binds me if I take it and keep it to withdraw mine Allegiance from my Leige Lord the King is against the law of the Land and in taking it I not only make an absolute breach upon the law of the Land but also in my judgement I doe thereby incurre the crime of perjury by the law in falsifying my faith and Allegiance to his Majesty King Charles Gods anointed and crowned my naturall liege Lord sovereigne and my lawfull King both by descent Coronation investure and undoubted right which is not onely due to him by the Law of the Land from every of his subjects but every one of them is to take this following Oath for performance of it Viz. You shall sweare that from this day forwards you shall be true and faithfull to our Sovereigne Lord King Charles and his heyres and faith and truth shall beare to him of life and member and terrene honour and you shall neither know nor heare of any ill or dammage intended unto him that you shall not defend so helpe me Almighty God Which forme of Oath every Subject by the Common Law is bound to take as appeares by Britton 5. Edw. 1. cap. 24. And by Andrew Horne in the Mirrour of Justices pag. 226. and in Calvins case as by perusall of their Bookes will appeare and by diverse others which for brevities sake I omit And now Sir I desire to know your opinion likewise whether that by the Common Law both houses of Parliament are in power above the King or where their legall power to dispose of his Majesties person other then to his honour and good according to their duty Oathes Protestations Covenants and Declarations and obedience is to be found I come now to prove that this Oath is against the Law of reason the Law of reason saith Doctor and Student cap. 2. is written in the hearts of every man teaching him what is to be done and what is to be fled And because it is written in the heart therefore it may not be put away nor is it ever changable by any diversity of place or time and therefore against this Law prescription statutes or customes may not prevaile and if any be brought in against it they be no prescriptions statutes nor customes but things done against justice and voyd and in this it differeth from the Law of God for that the Law of God is given by Revelation from God Almighty and this Law is given by a naturall light of understanding and is given principally to direct our actions by for the obtaining of felicity in this life so us we guide them onely by the rule of Justice This Law instract●th us saith the same Author that good is to be done and evill is to be avoided that thou shouldest do● to another that which thou wouldest another should doe to thee That justice is to be done to every man and not wrong that a trespasse is to be punished such like Is it so then that the law of reason directs me that good is to be done and evill is to be avoyded I then conclude that this oath is against this Law for if I by this Oath shall withdraw mine Allegiance and subjection to my King from him I lose the benefit or good I should have by his protection for the rule in Law is Quod Subjectio trahit protectionem quia Rex ad tutelam Legis corporum bonorum erectus est as Fortescue lib. de laudibus legum Angliae c. 13. Obedience of the Subject drawes protectiō from the King the King being ordained for the defence of the Law the bodies goods of his Subjects The holy Scriptures informe me that I must obey my King for conscience sake and this Law teacheth me I must avoid evill but it is evill for me to obey men in taking this Negative Oath which enjoynes me not to obey my King rather then God who enjoynes that duty of obedience therefore I conclude that this Oath is against the Law of reason This Law teacheth me to doe as I would men should doe unto me but if I were a King I would not be dispoyled of the duty and service of my Subjects therefore this Oath enjoynes me to a thing against the Law of reason It is injustice and wrong to take away the Kings right by this Law but this Oath bindes me to take away his right and doe him wrong therefore in this particular also this Oath is against the Law of reason And lastly this Law of reason teacheth me a Trespasser is to be punished it teacheth me also to understand that to take this Oath is to trespasse upon my Kings interest in me as I am his Subject to trespasse upon his Lawes as I am de jure under his government and to trespasse upon his patience and goodnesse if he doe not hereafter punish me for it Therefore I conclude this Oath is against the Law of reason The Law of reason generally taken is a directive Rule unto goodnesse of operation saith Hooker so that by this Law wee ought to direct all our actions to a a good end but by taking this Oath I direct not my actions to a good end therefore I am not to take this Oath by this Law the Law of reason saith Sophocles is such that being proposed no man can reject it as unjust and unreasonable but the King may reject this manner of imposing of Oathes upon his Subjects whereby he isdeprived of their aid and assistance without his assent And the Subjects may reject this Oath as unreasonable and unjust because if they take it they are thereby bound either to breake their Oath which is a grievous sin or to lose the benefit of protection which by the Lawes they may claime and ought to have from their naturall lawfull and sovereigne Liege
Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it i● stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable conseque●●s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rot●l● Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex ●● consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regall●ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of
redeeme his liber●y would sweare any thing therefore least I should gaine such an opinion and lose my esteem in the world being now brought into that condition that I must be a Souldier I cannot take this Oath by the rules of honour and as it is not honourable in me to take it for the reasons aforesaid so is it against honour that an oath that would bring so much inconveniency of losse of honour and esteeme amongst all men should be offered to any man Quia in juramentis administrandis dantis recipient is eadem est ratio idem jus In administring of Oathes the same reason and law ought to binde the giver as well as the receiver It is also against pollicy either to take or require this oath the life of a Souldier is his honour when that is lost his life is as good as lost by taking this oath a Souldier loseth his honour what King Prince or State will entertaine that Souldier in his pay that hath abjured his naturall Sovereigne Liege Lord or Masters service and allegiance his owne King will never trust him more the adverse party will not trust him nor any other Prince or State whatsoever and therefore in pollicy a Souldier ought not to take this oath And lastly there is no pollicy in pressing this oath upon any for the Parliament gaines no security by taking it for I thinke very few of the Kings party hold that Oath lawfull and then what security to the Parliament in it since no other thing can be expected from him of the performance of an oath given unto him that either doubts the power unlawfull that administred it or that holds the matter or thing he is bound to performe by his oath unlawfull that then he will keep such an oath no longer then till the first time he hath occasion or oppertunity to breake it Nay the same Religion or new light that hath taught him to break the Kings Oath will or may teach him to break the Parliaments Having now made my doubts according to my conscience if I come over and be made a prisoner because I will not take these oathes and covenants or suffer any other prejudice either in mine estate or person for declaring my conscience herein I would and in the case I am I will with holy Job content my selfe saying Naked came I out of my mothers wombe and naked shall I returne thither the Lord gave and the Lord hath taken away blessed be the name of the Lord Job 1. 21. Comforting my selfe with this of the P●almist Who shall ascend into the hill of the Lord or who shall rise up in his holy place even he that hath cleane hands and a pure heart and that hath not lift up his minde unto vanity nor sworne to deceive his neighbour he shall receive the blessing of the Lord and righteousnesse from the God of his salvation Psalm 24. 3 4 5. And according to the instructions of St. Paul 1. Rom 12. 12. Shall rejoyce in hope be patient in tribulation and continue in prayers strengthened with all might according to Gods glorious power unto all patience and long suffering with joyfulnesse Colos. 1. 11. Knowing that all that will live godly in Christ Jesus shall suffer persecution 2 Tim. 2. 12. Taking the Prophets who have spoken in the name of the Lord for ensamples of suffering affliction and patience Jomes 5. 10. And accompting it alwayes thank-worthy if for conscience towards God I endure grief suffering wrongfully for even hereunto are we called because Christ also suffered for us leaving us an example that we should follow his steps 1 Pet. 19. 20. And in this resolution by Gods gracious assistance in peace of a good conscience and in all patience will I abide till my dissolution shall come looking for that blessed hope and appearing of that glory of that mighty God and of our Saviour Jesus Christ Tit. 2. 13. Chusing rather to suffer adversity with the people of God then to enjoy the pleasures of sin for a season Heb. 11. 25. For what shall it profit a man if he shall gaine the whole World and lose his owne Soule Mar. S. 36. In this opinion therfore will I abide putting my whole trust and confidence in God my Lord which executeth justice for the oppressed which gives bread to the hungry and loseth the prisoners for the Lord heareth the poore and dispiseth not his prisoners Psalme 66. 33. and 146. 7. To conclude Sir whereas you signifie unto me that you will returne me a satisfactory answer to my doubts from godly and learned Devines and men of judgement in the Lawes of the Land ● desire you that you will please to take advice only from such Devines as neither have renounced their Orders or obedience to their Ordinaries and such that are without partiallity or hypocrisie in this publique cause and from such Judges and learned Lawyers as serve not the times so much as the truth and such as have not mens persons in admiration because of advantage for I must deale plainly with you that there is great scandall in th●se forraigne parts upon the men of these professions it being reported of the first that they goe about to prophane and blespheme the Church their Mother with stigmaticall imputations of Antichristian impieties and th●● the latter have adulterated the Lawes the Nurses that have fed them applying them to the humors and ends of those that have put them in authority and as the Proph●● Mich. 3 9. saith abhorring judgement and p●v●rting all equity in that they take upon them to give sentence of death upon ●●ose that have served his Majesty according to their duty of Allegiance in these ●at Wa●s as fellons when they have but taken an horse or armes for the Kings service though they tooke them from those that were actually in armes against the Kings Majesty with an intention only to ayd his Majesty against those that had risen up against him and not animo furan●i or with a fellonious intent Nay we heare that some of the Judges lately put into Commission by both Houses of Parliament have delivered it for Law that such a one as hath served the King in these late wars or any such that they call Malignants may not sue for their rights and are incapable to receive justice though they be neither outlawed or committed that whatsoever they recover or purchase before they have made their Compositions ought to be seized on and sequestred to the use of the State I pray you Sir where or in what bookes of the Lawes of England do you reade of such definition of felony or inhabilities or incapacities of the Kings Loyall Subjects Mr. Littleton who reckons up all the inhabilities of the Subjects of England mentions none such neither are any such else where to be found but these men put the Kings Liege and loyall people into a worse condition then slaves villaines or aliens And yet they account it