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land_n father_n son_n tenant_n 1,509 5 10.0474 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66431 A vindication of A discourse concerning the unreasonableness of a new separation on account of the oaths from the exceptions made against it in a tract called, A brief answer to a late discourse, &c. Williams, John, 1636?-1709. 1691 (1691) Wing W2738; ESTC R7770 26,360 45

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than a Vow not to feed or maintain a Parent and the Jurant is discharged of the Obligation And whereas he saith The Sin is in making them c. That is true where the matter is unlawful in it self as when the Jews bound themselves to kill St. Paul But the Case may happen so that it may be not only lawful but a Duty to break that Vow or Oath which was lawful in its own Nature or rather the Obligation comes to cease because by change of Circumstances or of the original reason of that Oath that which was lawful may become unlawful Thus it was in things sacred and dedicated to the Service of God and which could not be alienated from it without Sacriledg and yet it was lawful to apply them otherwise in case of Necessity as our Saviour's case of the Shew-bread proves And so it may happen in the case before us when that which was before for the Publick Good and which it was lawful to swear to maintain may afterwards come to be plainly destructive of it and so the same reason that there was for swearing to maintain it may be for the setting it aside The want of this Consideration led this Author into a Mistake when he saith Let our Author speak out and tell me that taking an Oath of Allegiance to a lawful Prince is contrary to my Duty and then c. For it might be lawful and his Duty to take an Oath to a lawful Prince but it follows not that no case could ever happen in which the Obligation of such an Oath ceases It was lawful for Jaddus the High-Priest and the rest of the Jews to swear Allegiance to Darius as long as he lived And yet when Alexander came with a powerful Army against them and Darius was in no Capacity of defending them it was lawful and as they thought their Duty for the Preservation of their Country and themselves to go out to meet him and to transfer their Allegiance to him and certainly they thought themselves discharged from their former Oath to the one when they took it to the other So true is that which the Author of the Discourse observes That the Resolution of Conscience in this case doth not depend upon the Will and Pleasure of the Person to whom the former Oath was made but upon the Grounds on which it was made and from which it had its force to oblige And if those cease the Obligation of the Oath ceases together with them p. 13. 2. It is so on the Parents part to Children as the same Author shews So that if Parents instead of regarding the Good of their Children do openly design their Ruin none will say but that they are bound to take care of their own Welfare c. To this our Author replies 1. I know not what a Madman may do but none will suppose that a Parent in his right Wits will do thus as it is both unnatural and unreasonable to think that a King should contrive the Destruction of his Subjects without whom he hath none to reign over or assist him This I grant is unnatural and unreasonable in it self but not unreasonable to think for the World too often finds that the Passions and Lusts and Interests of Men make them do things unreasonable and unnatural And our Saviour tells us how far the Hatred Persons have to the true Religion may transport them when the Fathers shall betray and deliver their Children to Death And if it is so on the part of a Natural it may be as well supposed on the part of a Political Parent That he saith is unreasonable to suppose because a King by the Destruction of his Subjects leaves himself none to reign over or assist him But whoever was so mad as to mean this when he puts the case of a Prince's destroying his Nation for then he must come to do it with his own hand and his Nation must in Caligula's way have little more than one Neck to serve his Barbarity But they thereby mean his Design to destroy the Government and to destroy those that will not comply with or oppose such a Design He choosing rather to have no Subjects than what shall not be his Slaves or in the modish way of a neighbouring Prince that will not be of the same Religion with himself 2. He saith The Author should have told us that the Children in such a Case might have taken away all the Father's Subsistence and done their utmost endeavour to starve him or cut his Throat and no doubt but this had been an excellent Comment on the Fifth Commandment But why should that Author be obliged thus to have told us For suppose the Father would alienate the Estate from his Children which is entail'd upon them and designs to adopt a Stranger into that Relation and substitute him in their Place Suppose again that a Father has several Tenants that hold of him by ancient Tenures and by which Tenures and performing the Conditions belonging to them their Lands are as much their Propriety as the Land of Inheritance is their Lord's and that he notwithstanding seeks to destroy their Tenures because they oppose him in his Designs against his Children or in that absolute Power over them which he aims at Suppose again that rather than not compass his Designs he seeks the destruction of his Children and of the Tenants that adhere to them for their own mutual Preservation and Security Is there no Mean to be found but either to let the Father out and starve his Children or that the Children must take away all the Father 's Subsistance and do their utmost to starve him No Mean but to let the Father cut the Throat of his Children or that the Children must cut the Throat of their Father And may not a Son withdraw from his Parents immediate Care as the Discourse saith and forsake his House when he cannot stay there but upon the hard terms of being destroyed or of resigning up the Title of his Inheritance to a supposititious Heir Or may not the Son take possession of his Father's House and the Estate of Inheritance which the Father abandoned rather than he would oblige himself to continue the Estate in his Family and suffer the Tenants to hold their Lands by any other Tenure than that of during Pleasure May he not I say then enter upon the Estate rather than suffer the House to fall and the Lands to be wasted and the Tenants undone for want of a Supervisor and Possessor And may he not keep the Possession against his Parent in his own his Families and Tenants Right when he comes with an armed Force of Rapperies to enslave his Children and Tenants and exercise an absolute Power over them or else destroy them And may not all this be done and the Fifth Commandment stand in its full force If not we must burn our Law-Books and take new Measures from these Gentlemen that despise and reproaeh the Common