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A43801 A debate on the justice and piety of the present constitution under K. William in two parts, the first relating to the state, the second to the church : between Eucheres, a conformist, and Dyscheres, a recusant / by Samuel Hill ... Hill, Samuel, 1648-1716. 1696 (1696) Wing H2008; ESTC R34468 172,243 292

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would arise another Relation and then he in these Dominions must follow her Fortunes not she his But to let this pass all that has been done is contrary to the Duties of those Relations which they were and are under by the Fifth Commandment T. B's 2d Lett. p. 25. Eucher But all this is but noise and shuffle For why had you not openly denied or yielded the truth of my Proposition that a Wife is to follow her Husbands Fortune Order and Authority against the will of her Father if she thinks her Husbands Case to be just For tho' you will say * These words I unawares omitted in the last Citation of T.B. This Judgment is not worth a Farthing except the Cause be just in it self Yet be it just or unjust she must act upon her own judgment of it And to what purpose have you such a care that she follow him not thro' thick and thin in his sins Did I ever assert that liberty to a Wife or to the Princess of Orange Do not I expresly except out of this Case * Sol. Ab. p. 7. all violations of all those Decencies that are yet notwithstanding her Marriage due by the Fifth Commandment to her Father which are consistent with her Husbands Rights and Interests and in her Rightful Power to perform But this was another inconsiderable which you in great sincerity have omitted that it might not justifie my piety to the Fifth Commandment and prevent all occasion of reproach But I think you are a very loose Casuist for a Wife between the Authorities of Husband and Father if you think that the Husbands Power limits the Wife only in those Commands of the Father that are in themselves inconsistent with the Duties of a Wife whether the Husbands prohibition intervene or no for except this be your meaning 't is nothing to the purpose nor against me For it is not the Husbands Power but the Law of God that binds the Wife from the violation of her Duties to her Husband as it does bind her to keep her Duties to her Parents and all other persons even Subjects that have no power over her But by your favour if a Father commands a Married Daughter in any indifferent thing importing in it self no ill to her Husband she has no absolute Authority to promise or do it but on grant or just presumption of her Husbands leave for if he forbid it at any time before it is done the Wives hands are in duty bound up from the performance and how faulty soever the Son in Law be in his perverse and needless inhibitions the Daughter is discharged of all Guilt in the non-compliance to her Fa-Father So that strictly speaking all Imperial Power meerly human is in things that in themselves are left at liberty by the Laws of God And now whether I have said any thing more or worse than this speak out without wrigling and subterfuge And yet to deal openly with you and piously I hope with the Laws of my Creator I think there is a great latitude of equity in this Fifth Commandment and that it consists not in a meer indivisible point nor is founded meerly in the Relation but the Causes and Designs of it by the Ordinance of God and Nature For Parents being Vice-Gods to their Children while under their Family and Dominion the more they Resemble God in their Offices of Piety especially toward God and their Children the more their Children are bound to honour them even when they are sent off from the House of their Parents to found new Families and to subsist freely by themselves For tho' the ties of proper subjection are then loosed yet the Duties of Honour still remain uncancelled But if the Parents recede from their Piety toward God the common and Supreamest Father of all the greater this impiety of Parents is the less Honour is due to them even from their own Children And I truly am of Opinion that if such Impiety grow up to perfect Atheism or Defiance of God from which all the long and tender Supplications of the Children cannot reduce them the Chidren are discharged from all the Offices of Personal Honour toward them tho' not of Pity and Compassion for them And upon this ground the Law of Moses does not exempt Enticers to Idolatry from the Vengeance even of the nearest Relations Deut. 13.6 to 11. If thy Brother the Son of thy Mother or thy Son or thy Daughter or the Wife of thy Bosom or thy Friend which is as thine own Soul entice thee saying Let us go and serve other Gods Thou shalt not consent unto him nor hearken unto him neither shall thine Eye pity him neither shalt thou spare neither shalt thou conceal him But thou shalt surely kill him thine Hand shall be first upon him to put him to death and afterward the Hand of all the People And thou shalt stone him with Stones that he die because he sought to thrust thee away from the Lord thy God c. So that all such Persons were by the Law of God looked on as a common Pestilence not to be honoured loved or cherished but destroyed by the nearest Relations Dyscher But Parents here being omitted out of this exact Catalogue of other Relations it shews them to be not within this Law and therefore that this Law does not derogate from the Honour due to Parents by the Fifth Commandment tho' they entice their Children to Idolatry the Reason being grounded on the Authority of Parents over Children which would be nulled if Children might prosecute this Law upon their Parents And for this Cause also by this Law the Wife is not required to destroy her Idolatrous Husband Eucher If you will literally interpret this Law only of the very Relations that are expressed than all other even less Relations will be exempt which is unreasonable But if you will argue a majori ad minus that if none of these Relations are exempt surely no less Relations ought to be judged discharged then the relation of Parents to Children being less than that of the Wife to the Husband and no greater than that of Children to Parents will be concluded within this Law Nor could their Natural Authority indemnifie them for all that was from and under God and was ipso facto forfeit whensoever they rejected God for Idols Otherwise such an exempted Authority of Parents must have been a Snare to the Children to draw them from the Lord their God or at least to restrain them from asserting their God impartially against all his Enemies And in the same Chapter Idolatrous Cities were to be utterly destroyed by all the rest of the People without regard to any Relations dwelling in them for when the Judgment of God was past upon them all Natural Relation and Authority ceased as to all consequent offices of Respect Love or Honour when the impious Apostates were convict and doomed to excision 'T is true indeed that Law being in its
a perpetual Servitude by Oath or other forms of engagement which they under such Exigences may lawfully yield to And proportionably the Estates of any Nation may be thus pressed by an irresistible Prince and thereupon lawfully submit to that injurious Demand of such Prince Nay if any Prince and the fiduciary Council of any Nation concert to oppress the Subject People by an unjust demand of Submission they being not only in Fact but Legal Constition uncapable to resist may for the same reason contract Submission or Legal Allegiance when their former Lord hath left them without order to shift for themselves and acts not within his Sphere as heretofore For herein you do not injure him but save your self which he has no right in such cases to deny you And this at least is the Case of all those who have taken the Oath of New Allegiance without doing any thing else in the Revolution tho' the Prince and our Convention had really done King James and us wrong For we could neither in Right nor Fact oppose it for our Representatives and the Lords having determined upon the Nation we were inhabil to censure their Judgement and consequently to oppose or subvert what we had no Authority to condemn Dyscher Much such another instance is * Sol. Ab. p. 6 7. your Lord of a Mannor Let him look how he came to be so I may treat with him as Lord of the Mannor whom the Law declares to be so But if the Lords Tenants conspire against their lawful Landlord and dispossess him of his Mannor and invite a Stranger and say and swear he shall be Lord of the Mannor and accordingly pay Homage and Fealty to him Sir you may determine for their swearing and lying too if you please but I shall have nothing the better opinion of your honesty for it T. B's 2d Lett. p. 24. Eucher I observe two grand defects in this Reply One that 't is not supposably legal that all the Tenants in the Mannor can by Legal Forms of Judgment dispossess a Lawful and possess a wrong Person into the Lordship of a Mannor because these Tenants are not Judges in Law And any other violent and illegal Forms of Expulsion and Admission quadrate not with our Case But Secondly 'T is a very silly supposition and never any where exemplified in Fact that all the Tenants under a state of National Government should violently out a true and put in a wrong Landlord vi armis and swear and pay the wrong Possessor all the Duties of the Homage accustomed when the Lord that is in by Law will bring the strength of the Country to reduce them And Thirdly You cannot duly apply this to our present Case of Allegiance For all King James's Subjects did not concur to out him either violently or judicially nor consequently to bring in the Stranger which is the form in which you state the Case of Rebellious Tenants Otherwise however my parallel holds good that if a great many of the Tenants conspire with a Stranger and bribe the Judges to a corrupt Judgment against the old true Landlord who being thereby ejected the Stranger comes in by forms of Law I say still the rest innocent Tenants tho' conscious of the Wrong may swear Homage and Fealty to the New de facto Landlord And so here put the Case as you would have it at the worst that never so great a part of King James's Subjects had with the Prince of Orange actually conspired against him and made him fly and thereupon a National Court assembling to sit upon the Tenure of his Estate had been corrupted to give wrong Judgment against him for the Prince yet the form of Process being legal the innocent Subjects may or must take him for their Royal Landlord that is in by Forms of Law and swear him the customary Homage and Fealty But for the justice of that Judgment I have fully advocated already and so in this place shall have no need to make repetition Dyscher But let the Fifth Commandment look to it self for it was never so hardly beset You say * Sol. Ab. p. 7. That from the Fifth Commandment we cannot charge King William with subjection to King James c. But does a Nephew or a Son in Law owe no Duty if he owe not that which is properly called Subjection Or may a Man because he is not his Subject spoil another of all he has And must all persons applaud and approve the Act and swear he is in the Right T. B's 2d Lett. p. 25. Eucher Since I must bear the penance of answering your loose and impertinent Questions so often inculcated know you then that as to the point of Duty a Nephew owes an Uncle and a Son in Law owes his Father in Law Reverence on the account of those Relations if the Superior Relation loses not his Title to that Reverence by ill usage For if an Uncle shall misuse a Nephew or a Father in Law the Son in Law without Cause and will not fairly adjust or refer their differences upon demand the Nephew and Son in Law owe no respect at all for that such Uncle and Father in Law is worse than a stranger and a most unnatural Enemy And therefore the Nephew and Son in Law having not derived their Being Maintenance nor Education from the Uncle and Father in Law and being under no present dependence on them are free to vindicate their Gauses against such Uncle and Father in Law by those ways of defence that they are legally capable of either by Law Arbitration or War As for injustice you know I am no Advocate for it and therefore your Interrogation hereupon with your Reflection upon his Majesty is as invidious toward me as injurious towards his Majesty as I have before abundantly shewed Dyscher The Case of an own Daughter is still more severe but for that you say * Sol. Ab. p. 7. she is in Duty bound to follow her Husbands Fortune Order and Authority even against the Will of her Father and that with a more plenary consent if she judges her Husbands Cause to be just in it self But Sir I am not satisfied with your bare word that a Woman is thus bound to follow her Husband thro' thick and thin let her have a care how she becomes partner in his sins But doth the Duty of a Wife take away the Relation of a Child They may indeed limit each other so that the Father may not command the Daughter any thing inconsistent with the Duty of a Wife nor the Husband the Wife any thing inconsistent with the Duty of a Child to a Parent But yet the great end of these Relations is to strengthen and support and not to destroy each other Besides your Reason is a mistake in it self as to this Case for could you with all your tricks of Legerdemain remove both King James and the Prince of Wales out of the way then there
penal sanction but positive local and judicial does not oblige us but the natural reason substrate thereto supposes and indicates all obligations of Duty from all Relations whatsoever forfeited by Atheism and avowed Irreligion And accordingly Asa dishonoured his Mother in devesting her of her Royal Dignity because she had made an Idol in a Grove 1 King 15.13 2 Chron. 15.16 Nor is this any breach of the Law of Nature but the observation of it for the Law of Nature being nothing else but pure Abstract Reason and Equity whatsoever is consonant to this Equity comports with the Laws of our Nature By these Laws the sins of Men-rescind their Rights in many benefits which had been due to them in a state of Innocency The Law of God requires us simply to honour all men it being the natural due of our beings framed after the Image of God and yet wicked and ungodly men are to be shunned as spots and blemishes by the Law of Nature and to be made Anathema by the Censure of the Church For the Foundation of all Authority whatsoever is God and all Obligations to all Duties Civil Moral and Religious are founded in him so that an avowed rejection of God puts men out of all claims of Authority which alone is originally Gods for a renunciation of God is an effectual renunciation of all just and real Authority whatsoever The Fifth Commandment therefore being not a meer positive Precept but a dictate of Natural Equity is interpretable to particular Acts according to the Rules of Equity and must concede to superiour and more important Obligations which will sometimes require us to hate Father and Mother that is to disregard their Commands and forsake their Persons to keep Gods Commandments Luke 14.26 If a Son be a King and the Father a Subject he must deal with his own Father as a Subject in Civil Causes nay as a Malefactor if necessity requires A Son is bound to defend even by the Sword if there be no other way his Wife and Children from the Sword of his Father and to save his Country by the Detection of his Fathers Treasons And many such Cases more there may be wherein intolerable wickedness on one hand and greater Obligations on the other cut off the Ties of Honour and Union between Parents and Children Husbands and Wives and all other Temporal Relations since what separates men from God may well disengage them one from another And to put a particular Case if a Prince marry a Kings Daughter and Heiress and the King after becomes suspected of an Imposture to pervert that Daughters inheritance and upon demand will not refer that doubt to the Arbitration of his own Senate but to elude the Hopes and just Expectations of his Son in Law Daughter and his own People in this and other momentous Concernments he puts all the Laws Liberties and Religion of his Kingdoms in a Course of Subversion and ruin under Arbitrary and Foreign Powers may not such a Son in Law endeavour to put a stop to these Measures and to force such a King to do right And is such Prince's Wife bound to oppose her Husband in these just Causes to abet her Fathers injustice and unnatural Impiety And if the Father being thus pressed by the Son in Law rather than do the justice demanded will fly for the succour of his injustice to another unjust King the Enemy of his People and in the mean time leave his Kingdom in Confusion which shall subject it more effectually to his Scourge upon his return with Foreign Forces may not such Prince and such Kings Daughter and a confused Nation unite and settle it against the ruins otherwise inevitable to them all For if Natural Ties sometimes give place to Civils of greater weight here surely is as fair and just an instance for it as well can be imagined or alledged out of History And that Civil Obligations of greater moment do preponderate against Natural you your self confess when you rightly say had not the constitution been for the time being lawfully altered the Crown coming to the Princess of Orange by meer Descent the Prince here must have been her Subject tho' by the Matrimonial Laws of Nature he is her Lord. It is indeed a melancholy Speculation when the impieties of such near Relations break off all the Natural Links of Duty and Union which must never be receded from as long as the Union is tolerable and consistent with Superior Obligations but of two Evils the least is always to be chosen and where two Offices are incompetible the more important is to be prosecuted And yet tho' this be lawful and necessary 't is sometimes a Tragical Scene under which even the Righteous Parties are to mourn and lament their infelicity in falling into such Straits and Temptations and are incessantly to pray that God would put a just and good End to the Disaster and in the mean time to make necessary Justice and Piety the only Rule and Reason of their Actions in such a State of Division and inevitable Contention And such being the form of the present Affairs if you needs will censure the Morals of your Sovereigns you ought to allow their Measures all the Charity the Case will bear which hitherto seems the Care of Gods Especial Providence for us And if it be so it is a dangerous thing to Curse whom the Lord hath Blessed But I have told you these things concern not us in our Civils and it is therefore best to leave things secret and above us unto God the Lord and Judge of all men But as to the Change it self it is an apparent delivery and blessing to the Nation in the best manner attainable by any means less than supernatural For a deliverance it is plain we needed which could never have been secured had King James continued undisturbed in his Reign Now if an unrelated Prince had desired to help us yet he had had no Civil Interests to have grounded a defence or rescue us from any Civil Laws or Laws of War Then the Sovereignty given to a Stranger had been a cutting off the Line Royal which neither Atwood or Johnson have * Since Johnson will give Richard Rich a Right yet asserted lawful by our Rules It would also have been a punishing the sins of the Father upon the Children and inevitably have involved us in intestine Wars Then again if the Princess of Orange had invaded her Fathers Kingdom and Crown by any Hostile Forms this would have looked more violent and unnatural and seems more than the Princely Lady in Temper or Duty could well or easily have attempted Time was before a calm and thorow consideration of things that matters seemed hard but I am now convinced that no other Person under Heaven could in human prospect be so proper a Redeemer as his present Majesty nor any Form of Settlement devised to fore-fend the Ruin of this Nation upon whose Strength the Security of