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	law_n	obligation_n	1,168	5	9.4651	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49117	The historian vnmask'd, or, Some reflections on the late History of passive obedience wherein the doctrine of passive-obedience and non-resistance is truly stated and asserted / by one of those divines, whom the historian hath reflected upon in that book ; and late author of the resolutions of several queries, concerning submission to the present government : as also of an answer to all the popular objections, against the taking the oath of allegiance to their present majesties.	Long, Thomas, 1621-1707.	1689 (1689)	Wing L2969; ESTC R9209	38,808	69

as the Observation of Grotius on Mat. 22.20 mentioned in his Book de Jure belli p. 93. c. 4. § 20. which is more adapted to the present Case In re controversâ viz. of a Title to the Right of Government Judicium sibi privatus sumere non debet sed possessionem sequi sic tributum solvi Caesari Christos jubet quia in possessione erat nummus ejus habuit imaginem And l. 2. c. 9. § 8 9. de Jure belli If a King dye without Issue and it is the same if he be dead in a Civil sense by Conquest by Resignation or wholly deserting his People without making any Provision for their Government the Empire remains in the Body of the People who may create another and limit him the People being sui Juris And as these Arguments of Grotius which our Author omits would have solved the Phenomena in the present Case so will also the Resolution of Bishop Sanderson in the Case of the Engagement and in divers other parts of his Treatises of the Obligation of Conscience and of Oaths In the Case of the Engagement p. 90. he says That Allegiance is such a Duty as every Subject under what form of Government soever by the Law of Nature oweth to his Country primarily and consequently to the Soveraign Power by which that Common-wealth is governed as is necessary for the preservation of the whole Body And that if the intention of the Law-giver should be understood precisely of that particular actual and immediate intention of the Law Giver in making a particular it will not hold true in all Cases but there is to be understood in the Law-Giver a more general habituate and ultimate intention of a more excellent and transcendent nature than the former which is to have an influence into and an over-ruling Power over all Laws viz. An intention by the Laws to procure and promote the Publick Good. The former intention bindeth where it is subservient to the latter or consistent with it and consequently bindeth in ordinary cases and in orderly times but when the Obligation of the Law by reason of the Conjuncture of Circumstances or the Iniquity of Times Contingencies which no Law-Giver could either certainly fore-see or if fore-seen could not sufficiently provide against would rather be prejudicial than advantageous to the Publick or is manifestly attended with more Inconveniencies and sad Consequents to the Observers than all the imaginable Good that can redound to the Publick thereby can in any reasonable measure countervail in such case the Law obligeth not but according to the latter and more general intention only even as in the Operations of Nature particular Agents do move ordinarily according to the proper and particular inclinations yet upon some occasions and to serve the ends and intentions of Universal Nature for the avoiding of something which Nature abhorreth they are sometimes carried with Motions quite contrary to their particular natures as the Air do descend and the Water to ascend for the avoiding of vacuity And p. 216. De Consc A Subject is not ordinarily bound to a Law that is very grievous to the certain ruin and destruction of himself and Family unless some great necessity or publick danger do appear And which comes home to the matter of the present Oath he saith That when the Imposer chuseth Words capable of a double sence it is neither necessary nor expedient that the Promiser do doubt which sence the Imposer doth mean but may in prudence and without Violation to his Conscience make his advantage of the ambiguity and take it in the laxer sense And we may be resolved in our present case as he declares in that of the ingagement p. 106. There wants not greater probabilities of Reason to induce us to believe that the laxer sence is to be accounted the immediate and declared sence of the Imposers who tho' they might have a more secret reserved and ultimate intent the Ingager is not concerned in it the equivocation if any lieth on the Imposers score not on the Subscribers for which he gives many reasons and the limitation which he gives to an Oath among many others doth deserve a remark viz. Rebus sic stantibus if things continue in the same state wherein they were for when a Man swears to return a Sword that he borrowed and he of whom it was borrowed grows furiously mad he is not bound to restore it I shall mention but one passage more out of his Praelect 5. p. 176. where he puts the question When any one takes the Government on him having by Force driven out the lawful Prince or so streightned him that he cannot pursue his Right which is invaded not on a doubtful Right but by manifest wrong what shall a good Subject that hath Sworn Allegiance to the oppressed Prince do in this case Answ It seems to me that it is not only lawful for a good Subject to obey the Laws of the Prince in being but to do what he is commanded Medo non sit turpe factu aut injustam But also if the condition of Humane Affairs require it there may be a necessity of Obeying or he may be judged to fail of his Duty And whereas he had said that Laws made by him that wanted lawful Power do not bind the Conscience he answers That these things are not repugnant because tho' the Subject be bound to do what the Law requires yet he is not bound to that Law but to himself and his Country The Obligation is annexed to the Law that concerns himself and is truly a Law which he thus explains Seeing it is the Duty of a pious and prudent Man to consider not only what is lawful but what becomes him and is expedient to others a good Subject may be bound to do that for the welfare of himself and Fellow-Subjects to which by Law he is not bound which Obligation ariseth from the Duty he oweth to himself and to his Country that Wars and Rapines may be prevented and he may live peaceably under them without violating the Faith we owe to the ●ightful Heir I shall mention many others whose Judgment in particular Cases agrees with what hath been lately practised Bishop Hall Decad. 2. says If a Thief rob me of my Treasure and flieth my Conscience would not strike me if I pursue him and so strike him that he dies The same holds good in resisting such as want a lawful Commission and due Qualifications which are but as Thieves and Robbers and for want of legal Qualifications may be dealt with as such Bishop Taylor in his Second Volume p. 137. resolves That where the Right of Succession is in a Family by Law or Time immemorial no Prince can prejudice his Heir or the People committed to him for it cannot without consent be alienated because Persons cannot be disposed of as Slaves or Beasts So that in this and some other Cases the King looseth his Authority and then the