Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	bind_v	child_n	parent_n	3,455	5	9.2562	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89552	The just measure of a personall treatie between the Kings Majesty, and both Houses of Parliament. Grounded on divinity, reason, history, divine and humane, common and civill lawes; with many other authentick authors. By R.M. of the middle Temple, Esquire.	R. M., of the Middle Temple, Esquire.	1648 (1648)	Wing M72; Thomason E451_40; ESTC R202844	16,371	20

warranted by the immutable and dispensable Laws of God and nature t Exod. 10. 11. 21. 17. God hath commanded children to honour their father and mother this is a Morall and an eternall Law ever to be performed by children to their Parents u Matth. 15. 4. our most blessed Saviour hath so declared it upon which place x Iunius Tremellius Arrias Montanus Junius and Tremellius and others agree that Honoris nomine intelligitur officii omne genus quod à liberis parentibus debetur hic vero juxta proprietatem sermonis Hebraicae magis pertinet ad subsidium quàm ad salutationem ac civilia illa vitae officia By the word Honor say they is meant all kind of duty that is due from children to their Parents but in this place by reason of the propriety of the Hebrew Speech it rather signifieth aid or assistance then salutation or other civill duties of life so then in this case by the Law of God the Prince is bound to aid the King his Father by every possible meanes he can both in civill and military affaires and by the equity of this Law all the Kings Subjects are bound to doe the like as the King is Pater patriae the Father of the Countrey and common Parent of us all and as children servants and Subjects are bound by the Law of God to aid and assist their Father and King so are they no lesse bound by the Law of nature for both are by the same Law obliged to be instrumentall to their Father Master or Common Parent in all cases of aid in time of necessity were there no inducement of their owne profit inviting them thereunto for as learned Grotius hath it y Grotius de jure belli pacis l. 2. c 5 sect 2. 3. Sunt diversa hominum inter se vincula quae ad opem superiorum invitant tale instrumentum est Patri filius pars ejus quippe naturaliter tale servus quasi ex lege quale autem in familiis est servus tale in republica est subditus ac proinde instrumenta imperantis ut bellum licitè gerant There are saith he by the Law of nature divers bonds between men which invite them to the aid of their Superiours such an instrument ought the son be to the father because he is naturally a part of him such an instrument ought the servant be to the master because he is bound thereunto by the Law of Nations which is the part of the law of nature and such an instrument as a servant is in a family such a one ought a Subject of a Kingdome be to his King that is an instrument of his Soveraigne that may lawfully wage warre for him From these premises I gather this irrefragable argument That whatsoever men are bound and injoyned to do by the Lawes of God and Nature is lawfull for every man to doe without further Commission But Children are bound to assist their Parents and Soveraigns in all matters either civill or military therefore it is lawfull for the Prince to assist his Father and all the Subjects of England to rise in Armes to aid their King and his urgent necessities against his oppressors notwithstanding that they have not his actuall Commissions or any other derived from his power Agreeable to this are those rules of the Common-Law of England z Cooks Rep. 5. par f. 115. Wades case Quando aliquid mandatur mandatur omne quod pertinetur ad illud When a man hath command to doe his duty every meanes that is conducing thereunto is warranted unto him by the Law and likewise a Cooks Rep. 5. par f. 12. Saunders case Quando Lex aliquid al●●ui concedit conceditur id sine quo res ipsa esse non potest when the Law gives a liberty to any man to do any act it gives him all the necessary meanes to effect that without which it cannot be brought to passe The Law commands and gives licence to all the Kings Subjects to aid relieve succour and redeem the King out of Prison from whom they can expect no actuall Commission therefore the Law supplies that defect by her owne power by a necessary meanes conducing to that end the Kings and Kingdomes preservation This is warrantable and justifiable by all the Lawes aforesaid let all good English men therefore take hold of the present opportunity laying a side detestable Newtrality and redeem their King Lawes and Liberties or be slaves for ever FINIS

fortiori therefore by the Law everie man hath power given him z to seize upon the goods of those that are the Kings Enemies a 27 Ed. 4. f. 5. 9. Ed. 4 f. 26. Cooks Reports 5. par f. 92. Semaines case everie man hath power by the Law to arrest Felons Rebells and Traitors Nay it is their duty so to doe who those Traitors and Rebells are the Law informes everie man and Commands him to pursue them holding him indempnified if he doe it and if he doe it not one way or other the Law condemnes him to punishment because it is for the weal publique to take suppresse Rebels and Traitors everie man b 12. H. 7. f 17. nay all men say our bookes are bound to goe with the King into the warres and there to * 11. H. 7. f. 18. aid him c Hornes Mirror de Justices cap. 1. Stat. peche del Majest p. 20. M. 8. They are guilty of perjury saith a learned Author of our Lawes which beare armes against the King or that stie from his battailes or from his lawfull host and those Ministers that disavowablement viz. unlawfully stop men or counsell men that they goe not into warre with the King where they are bound to goe or are summoned thereunto this is the antient Common Law of England and shewes that it is the duty of every Subject to be aiding and assisting to the King in his warres d Stat. 11. H. 7. c. 1. By Statute Law all men are bound to attend the King in his wars and to aid him with their true and faithfull service and it matters not whether the King be in person in the feild or not for if he be any where by the Kings command that is acting by the Kings Commission or by his power or in preservation of the Kings Royall Person Crowne and dignity for that his service and doing no man by the Law can or ought to be questioned molested or impeached and the reason of it is because the Law saith e Stat. 7. E. 1. de de fensione portandi arma that to the King it belongs to preserve the peace of the Realme and to suppresse all force that shall be raised without him in the Kingdom at all times when it shal please him f Cowells Instit in Proem Nam in Rege necessaria sunt duo haec arma viz. leges quibus utrumque tempus bollorum pacis rectè possit gubernare For as the learned in our Lawes say Two things are necessary for a King that is to say the power of Armes and Lawes by which he may rightly govern both in time of peace and warre * Plow Com. f. 268. Bract. 1. 2. p. 55. cap. 24. for being the chiefe Captaine of Chivalry as before is remembred he hath all rights in his hands which belong to the Crowne and his Kingly power especially the materiall sword which inables him to the government of his Kingdome therefore are all his Subjects bound to assist him in his Warres to repell forraign enemies to suppresse and subdue Rebells and such disloyall Subjects as rise in Armes against him and to assist him to chastise all trayterous Conspirators that seeke to destroy his life deflowre his Crowne and subvert his Government Rebellion hath ever been so odious in Law that in all ages g Stat 17. R 2. c. 8. Stat 13. H. 4. c. 7. Stat. 2. H. 5. c. 8. 9. Stat. 19. H. 7. c. 13. Stat. 3. Ed. 6. c. 5. Stat. 7. Ed. 6. c. 11 Stat 1. Mar. c. 12. Sta. 1. Eliz. c. 17. Briefe de assistance de Ches vic de County good Lawes have been made in Parliament for the suppressing and punishing of it by which Statutes every Subject of England be he never so great in degree of honor or estate or be he never so meane be he Farmer Artificer Yeoman Husbandman Labourer or other being of the age of 18. years or more and under the age of threescore years being able to serve and not sick lame or impotent ought to be aiding and assisting to the suppression of it and if he or they kill any of such as are in Rebellion of that fact they ought to be free discharged and unpunished h Dalton Iustice de Peace p. 206. The King is the head life and rule of the Common-wealth against him only there may be Rebellion and not against any other pretend they never so much power as to be a Parliament or State every rising in Armes against the King without his power immediate or mediately derived either by sound of Drum or Trumpet ringing of bells or otherwise In terrorem populi to doe any unlawfull act which in it self containes and is high Treason be there assembled to the number of 12. persons or above is rebellion by the knowne Lawes of England and every loyall Subject of the King is bound to be aiding and assisting to the utmost of his power to the suppression of it i Cooks Inst 3. par p. 12. Now to raise armes to imprison the King or to detaine him in prison is rebellion k 43. Eliz. Earl of Essex case Cooks Instit 3. par f. 62. to make warre against the King upon pretence to remove evill Counsellers from him is rebellion l Hill 1. Iac. the Lord Cobhams case Cooks Instit 3. par p. 9. 39. Eliz. Bradfords case Brooke Treason p. 24. or to depose him or to alter the established Lawes or Religion by force or with intent to surprize take detaine or keep from the King any of his Castles Forts or shipping or to impose unlawfull Taxes or impose new Oaths without the Kings assent these and many other of the same nature are Rebellions which every Sheriffe Justice of Peace and Constable in England yea and every man when he shall be summoned thereunto without expecting any particular Writ or Commission is bound to use his utmost power by force of Armes to suppresse and the sooner the better taking this advice of the Poet Principiis obsta serò medicina paratur Cùm mala per longas convaluere morat But here it may be objected that it is not lawfull for any man to rise in defence of the King and in aid of him to relieve him out of prison without the Kings Commission or command if any such objection be made it must needs proceed from one that hath been heretofore or still is of that party which usually is called the Parliament party To him I answer that it is much more lawfull for the Kings loyall Subjects to fight for him to set him at liberty and to restore him to his rights which is the onely means to preserve the Kingdom then it was either for the E. of Essex or the L Fairfax to fight for him without his Commission to imprison his royall person and there to deteine him to the apparent ruine and destruction of the Realme This is I hope a sufficient argument ad