Selected quad for the lemma: law_n
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A55113
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A Plea to the Duke's answers fiat justitia, ruat coelum, Anglice, the Bill in the Honourable the late House of Commons against the D. was their duty.
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1680
(1680)
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Wing P2526; ESTC R8364
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4,637
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4
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A PLEA TO THE DUKE's Answers Fiat justitia ruat Coelum Anglice The Bill in the Honourable the late House of Commons against the D. was their Duty WHoop Weighty Considerations c. what noise is this the Devil 's it 's doubt besides's Adhererents Heirs and Successors disturb'd what 's the matter Obj. Such a Bill as this in the House of Commons against the D Ans Wellow day but what then Obj. Against God's express Word Ans Is that it pity but why how or where Obj. We must trust and rely only on God to save us Ans Oh oh but must not we endeavour use the means c. as God has enabled us the Husbandman sows the Mariner sets sail must we tempt God be stupid supine expose our selves seek giving you an occasion of c Obj. Indeed Asa deposed Mahacah because of'r Idolatry Jehu dethroned Joram and Jeroboam Rehoboam but these are Examples only to read not imitate Ans Thus you tell us not your selves And see 1 King c. 11. the Prophet Aâ—hijah told Jeroboam Jehovah says it He will rend this Kingdom and give thee ten Tribes and in 1 King 12. God himself owns what Jeroboam did as his own Act in dispossessing King Rehoboam and making himself King The Prophets in God's Name anointed Jehu King over Israel with special direction to destroy the King and 's who le Line 2 King 9. And when Jehu had done so God approves of it c. 10. v. 30. And in 2 Chron. 15. when v. 16. says Asa did so next v. says Asa was an upright man and that too all 's life Obj. Many Papists in France assisted the Protestant King of Navarre to be theirs Ans More an hundred to one opposed him as appears by the History Obj. We swearing Faith and true Allegiance to the King his Heirs and Successors do therefore to the D. as being Heir and any thing we attempt against him is against our Oath For he 's Heir in common sense that 's next person likely to inherit Cook says he 's Heir apparent and its non-sense to say Heir apparent is not an Heir And so doth the Scripture too call him Heir Gen. 15.13 2 Sam. 14.7 Mat. 21.38 Mark 12.17 Luk. 20 14. Gal. 4.1 Ans Fine here 's a whim here 's wit with a witness but poor Devil its pity any one though as blind as with thy Zeal but reading the Stat. 3 Jac. 4. may plainly see the words nor sense in any wise warrant thy Case if yet he were Heir as thou'dst have him And besides he 's no Heir Gen. says only shall be my Heir which proves he is not In Sam. and Gall. the Father 's dead when Son 's called so Obj. Oh but what say Matth. Mark and Luke Ans They all telling the same story say the Rabble in the Vineyard called the Son Heir his Father yet alive but now was he Heir those illiterate fellows only chancing to call him so Great wise and learned Abraham said Lot was his Brother as he was Son of his Brother and 's Wife Sarah was his Sister as being's Brother's Daughters what now is it commonly taken with us that our Brother's Son is our Brother c In Civil Law no body 's said Heir but when succeeds his friend in 's estate in our Law he 's said Heir which succeeds by right of blood thus till he succeeds he 's no Heir and he cann't succeed till his friends death It 's a maxim solus Deus haeredem sacere potest that is only death makes Heirs But for example By agreement I am to pay your Heirs money or they me does any body expect any payment during your life is it Jesuitical to say no sure the sense is plain Heir apparent is only and peculiarly a Law-term little used barbarous improper and absurd enough Heir apparent is at best an Heir but as the Logician's posse is esse Now they 'l say suppose thee never so honest a man in esse yet thou art worst of Knaves c. in posse while methinks it 's hard to call thee worst of Knaves c. because thou art so in posse Besides the Law makes distinctions and degrees of Heirs as proximi the Sons remotiores Nephews c. and lastly Brothers Who ever heard a Brother which is of so remote a degree called Heir apparent Lastly how wild is this If we were bound as aforesaid to the D. because he may be Heir so there being thousands may be Heirs we are bound to them too though so much as know'm not Thus are we bound to serve God and Mammon too then poor we Ecquis possit servire ducbus Thus Faith Allegiance and Defence of and to a Subject yea Subjects God knows how many which was never heard of and yet without any salvo to the King too which is so much against Law See Co. L. 65. monstr horrend c the D. may as well pretend to have a present share of all the Taxes granted by Parliament to the King his Heirs and Successors Obj. Yet thus however contrary to 's will and all justice he 's robbed by a Faction of 's inferiours Ans The D.'s a Man and a Subject as well and no more than the meanest person in the Kingdom he 's thus debarred only by an Act of King Lords and Commons for otherwise he cann't be what Parliament does he 's by all Laws in all places presumed as he is a Subject consenting to what is he robbed when by 's consent by 's inferiours when by King c Obj. As D. may be served thus the King may be dethroned too neither is any body safe of any thing Ans It 's absolutely necessary and essential in all Government that a Power be lodg'd somewhere or somehow as the Israelites gave the Power to Moses over all Parties their Lives Estates and every thing else Justice must fail Faults go unpunished and Deserts be unrewarded nor could any thing otherwise be improved or maintained for the common Good or private either but all must necessarily fall and run to Confusion c. This Power with us is in the Parliament and sure placed the best it can be Thus it 's either in our selves or since we can't be all at Parliament we choosing others to do there what we could if were there our selves as we do choosing Parliament-Men it 's in our Representatives these Men we thus entrust together with the King and Lords Now suppose the Skies may fall and such Act as the Objection speaks of should come yet since before any such Act can be against the King He must give His own Consent Himself to it and before against any other it must be with this other person's consent immediately or by consent of whom he has chose to represent him and give 's consent Can we say any Act does us wrong any of us No more than that a Man 's injured and displeased with his own good-will and liking absurd and against the most
undeniable Maxim Volenti non sit injuria Furthermore How contrary to Religion Justice or Law any wise It 's well enough known every King at first was created and elected under Laws and Conditions by and with the free general Votes of the people subjecting themselves to Him as some Notable Man amongst them for Equity and Justice to govern them and defend their Laws Liberties Persons and Estates Conâ—â—rru in c. 1. pract qq n. 4. Ludovic Velazquez de Avendam l. 40. Taur gloss 1. n. 9. Chrys Hom. 7. ad pop Antioch Fortese de laud. c. c. 13 14. so Bodinus in several places And Hom. l. 7. Odyss calls a Kingdom a Reward of Virtue and Merit of the peoples giving Thus a King is not for 's own but 's Subjects sake only and we have in truth rather title c. to Him than He to us see 1 Sam. 9.16 1. Kings 10.9 Thus when Kings themselves be ill ones God not only approves of their removal but even himself does it c. 2 Kings 24.2 c. 2 Cr. c. 10. 11. 1 Kings 11. c. c. 16.14 15. c. 21. c. 16.4 5 6. 2 Kings 9.25 Job 34.30 Sed praestat cu il ela quam medela Care beforehand's better than Cure after God commands choose a King but not according to that which Man respects viz. the outward circumstances but the heart 1 Sam. 16.7 see the like in several places Kingdoms are what but politick things then under the Government of the Laws Hence some be Hereditary others Elective according to the Politick Customs thereof and with as much difference in the methods c. of Succession and the like of Elections as there is between Succession and Election which could never be if Title to Crowns were beyond or not under the power of the Laws of the people Elective are the Empire of Germany Kingdom of Poland Hungary Bohemia when Kingdoms Æthiopia of the Goths of the Tartars of Arrogoza Lacaedemonia Tratia Traprobana Fez and some say Spain de Jure so France will have no Queen c. and keep us out Why may not then all consider'd our King Lords and Commons the whole Nation Huic ego nec metas rerum nec tempora pono Virgil make another Successor and not the D. especially not taking the Crown out of the Line as David did He a Man after God's own Heart in like case made not his next Heir but Solomon so far distant his Successor 1 Kings 1.30 c. 1 Cr. 28. and likewise did the people make Hazariah King 2 Kings 14.21 were to have made Roboam King 1 Kings 12.1 and did make Jeroboam v. 20. and all this without God's contradiction yea with his approbation besides so many other like Examples everywhere though here King and people did it either of them and we do it altogether It may be Objected There being a general Law or Custom for Kingdoms going by Succession people can't choose a King Conarru Archid Gregor Lup. and others But what say they is the Reason only ' cause the continuance of such custom c. implies the peoples consent to it Truly the Reasons of our Adversaries methinks implicitely acknowledge the power of altering the Succession Huic ego nec tempora pono the like has oft been practised in England see the Statures 25 H. 8.22 26 H. 8.2 28 H. 8.7 16 35 H. 8.1 1 Ed. 6.12 1 Mar. 1. 1 El. 3. 13 El. 1. nothing more plain What impudence would cast dirt in the face of so many of our Reverend Ancestors and say they did they knew not what or they could not do what they said they could after the Succession The very words of the Statute of 13 El. cap. 1. are It shall be High Treason to affirm the Laws and Statutes do not bind the Right of the Crown and the Descent Limitation Inheritance or Governance thereof Note this part of the Act is in force yet against our Pamphleteer which says it is not and the rest is onely expired as relating but to the Queen Nay is it not a Maxim amongst Papists Not only that the Pope may at his pleasure depose Kings and dispose of Crowns but further That the People may ever choose a King when He should else be an Heretick c so Frater Alfonsus de Castro so Didac Septiman in Cathol Inst T. 46. n. 75. Then if the D. be a Papist as none deny him now he 's a Heretick as to or from us and what shall we do not do by the Papists as they would by us Nec Lex est justior ulla quam necis artifices arte perire suâ Withall consider his Principles All be Hereticks resist the Authority of the Church of Rome which is as large as the Infallible Pope pleases or that differ with it in any point of Faith Fides Haereticis non adhibenda He 's to keep neither Word or Oath with us nor is it any matter hence what he says or swears to us it 's not only lawful and conscientious to kill us c. but a duty Like this the late Papist French King raising and encouraging that dreadful Massacre of Protestants at Paris c. and thousands of such like Examples Then consider's humor so fierce revengeful and resolute but I 'll say no more Who knows not how improper it is to make a Wolf a Shepherd Who 's so thoughtless as not see under a Papist King how our Religion is hazarded all the World over first lost here consequently with ease elsewhere How all our Lives Estates and Souls be hazarded sure nothing can be more some for fear some by force and others to faâ—ter will or must comply with him or do worse if possible An ill King saith Solomon over the poor People is like a roaring Lyon and a Bear seeking's prey Prov. 28.15 In fine Is it not better one James live but like the greatest Prince of the world in stead of actually being King than Three whole Kingdoms together with several other Nations should utterly perish Nay Is it not better to pull down one House to save than let a City perish Nay Had you not rather cut off any of your own Members than hazard your whole Body Res ipsa loquitur The thing speaks it self See other Papers wrote before to this effect what in any is for the D. is answer'd all here all the rest is here omitted as needless to repeat FINIS