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duty_n law_n obedience_n require_v 3,312 5 7.2188 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A38981 An Examination of the impartial state of the case of the Earl of Danby in a letter to a member of the House of Commons. 1680 (1680) Wing E3727; ESTC R5161 24,243 38

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first might be the Adviser and Obeyer both which the last could not be But perhaps the meaning of this is that the Embassadour had been in the greatest fault if he had believed this Lord that it was the Kings Order But Mr. Mountague did not seem guilty of such an Errour as to believe so much in this Lord or so well of the business yet in his Speech in the House as well as in his letter he affirms He could produce the Kings Hand for the most material things and particularly for the Letters now made use of against him I know not what Papers such a one so great in the Kings Trust and who usually presented him with so many might get sign'd but he had shewed the same respect to the King to have published them as to own he had them After this he winds up all upon this sure bottom in these words In short it would be ill for Ministers of State and worse for their Masters if the one may not Command and the others be obliged to Obey c. Though this Argument of Obedience has been often us'd I thought here would be the properest place to take notice of it remembring a little before he says There are very few Subjects but would take it ill not to be obeyed by their Servants and their Servants might as justly expect their Masters protection for their Obedience I desire any Reader more Impartial than this Author to consider the falseness of this in every particular First sure there are few Masters that would expect Obedience from their Servants in unlawful things and the Servants could less expect protection unless their Masters were above the Law The great Master of the Nation can give no more protection nor require more Obedience than the Laws of God and man allow If Obedience is the excuse of ill acts it ceases to be a good Duty and if Absolution be fixt to Obedience all Crimes have lost their natures and Counsellors should onely be sworn to a Princes Will and not his Interest If a Prince of another Religion should command a Change in me would the Obedience be a good Plea at the last Tribunal And the reason holds the same in every lesser Crime but this Argument of such an Implicite Obedience is onely put into the disguise of Conscience to prevent the true Obedience of Christianity rather to suffer than do ill but such a notion of Conscience is much more pleasant that shelters Interest and Ambition rather than the other that exposes them to hazard I have now gone through this Lords performances in the Treasury and State-Affairs and as for that which follows about the Murder of Sir Edmundbury Godfrey I easily agree them to be Libels that Charge this Lord with it and think it must be an accusation against the Witnesses Judges and Jury and I for my part must confess that the matter appeared to me clearly and fully prov'd As to what relates to the Popish Plot I leave it to others that know more not pretending to meddle with any thing that I have not had some particular knowledge in and therefore shall say little to his concluding Argument upon an Objection raised by himself Why an Innocent man should withdraw from his Tryal and then upon his Appearance quit all Defences and betake himself to a Pardon But this particular of making a Defence or relying upon a Pardon belongs onely to the Lord himself and to draw Arguments from thence to imply a guilt would rather shew a desire to find a Crime than prove it Nor will I meddle with the nature of his Pardon by what means obtained or how valid that must be considered in a more proper place and 't were too much confidence in any single Writer to Anticipate a Parliaments Judgment but this Impartial Writer taking it for granted that he has made it evident that this Lord was a good Minister and a good Englishman he concludes that it may be reasonably objected from thence Why a man so qualified to defend himself should quit all Defences but his Pardon but if by the Observations that I have made the contrary does appear his Pardon was certainly the best Defence to insist on The Conclusion of this whole matter brings me to my last Observation upon the Complaint made That Innocence is no Protection to Prince or Subject for one he instances the last blessed King for the other this Lord and makes the severity of their Cases equal This indeed if true is a sufficient answer for Pleading his Pardon when his Innocency could be no Protection and agrees with the foundation laid down in the beginning That Malice had too great a share in his Prosecution so that he returns a Charge upon his Prosecutors the Commons for Malice and against his Judges and Jury the Peers as no regarders of Innocency though in this Lords Case arguing against the Libellers that would fix Sir Edmundbury Godfrey's death on him he says in that they did accuse the Witnesses Judge and Jury that Condemned others for it but now it seems he argues another way not allowing so much favour to Lords and Commons as to the others Nor does he deal less boldly with all Kings and their Reputations that come in his way upon this King he endeavours to fix many of the Crimes charg'd on him and with his Fathers Sufferings and Virtues compares his own the excellent nature and bounty of the first as little merited the return as the Case of the last did the Comparison I have not wanted Reflections That it seems severe to endeavour to adde weight to the Unfortunate and were there no cause given I should censure it as a want of generosity to say any thing though true that might adde to Affliction but since 't is charged upon all That Malice may have too great a share in the Prosecution of this Lord I preferred my Duty to the Publick before any particular consideration in presenting these Observations to inform them of those Truths which by so many disguises are turned into Masquerade and needed some that were well acquainted with them to make the discovery of every particular and the Reader is now left to judge whether they are well used in the promise of so much Truth in this Impartial Case of the Earl of DANBY FINIS