Selected quad for the lemma: soul_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
soul_n ordinance_n power_n resist_v 4,907 5 10.4011 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19394 An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ....; Apologie: of, and for sundrie proceedings by jurisdiction ecclesiasticall Cosin, Richard, 1549?-1597.; Andrewes, Lancelot, 1555-1626. Quaestionis: nunquid per jus divinum, magistratui liceat, a reo jusjurandum exigere? & id, quatenus ac quousque liceat?. 1593 (1593) STC 5822; ESTC S118523 485,763 578

There is 1 snippet containing the selected quad. | View lemmatised text

hoping fall worst that may to bee iudges thereof in their owne causes and so to shrowd their disobedience in refusing to be examined vpon oath vnder pretence of conscience and of a religious care not to offend God thereby And therefore they holde that they are by Gods lawe bound not to answere in that sort vpon their oath which is more then if they had onely sayd that they are not bound and so left at libertie either to answere or not as themselues should thinke good whereby they would leaue a dangerous impression in the peoples mindes that such lawes of this land wherein they are borne subiects and by which they are to be gouerned may not be obeyed of Gods people with a safe conscience as being contrary to the word of God A matter assuredly of most perillous consequence to leaue vnto the onely scanning and finall determination of euery priuate subiect how farre he neede to obey the positiue lawes of his countrey As it commeth therefore orderly in this place so is it also a matter most fit to be discussed whether the oath of a partie in a cause criminall penall to himselfe may be exacted vrged by the Magistrate without breach of Gods law and consequently not to be refused by the subiect It is said in 1 Rom. 13. ver 1. 2. 5. Scripture that euery soule must be subiect vnto the higher powers for there is no power but of God the powers that be are ordeined of God and therefore whosoeuer resisteth the power resisteth the ordinance of God and that they which resist shall receiue to themselues iudgement That we 2 Tit. 3. ver 1. must be subiect not because of wrath onely but also for conscience sake And 3 1. Pet. 2. ver 13. we are commanded to be subiect to Principalities and Powers and to be obedient And to submit our selues 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to all manner ordinance of man viz. publike gouernement for the Lords sake By which power ordinance of man or publike gouernment are not onely vnderstood all kindes of Magistracie and superiour authoritie and that we may not resist doe violence or offer contempt to their persons but much more that we are to fulfill and obserue all their politique lawes without wilfull breach of them so they be not repugnant vnto Gods word For if this happen then that hath 1 Act. Apost ca. 5. v. 29. place It is better to obey God then man And if they command contrary things we must remember that wee 2 Matt. 6. v. 24. cannot serue two masters Yet Godsword doeth not abrogate lawes common wealthes nor ciuill policies but doeth establish them Therefore except they which refuse to take such oath can shew some direct Prohibition either expressed or to be necessarilie and immediately gathered out of Gods worde against it they must know that their contempt and disobedience in this behalfe reacheth vnto God himselfe whose ordinance both the Magistrate and his lawes be S. 3 August de verb. Domini serm 57. Augustine hereof writeth thus contumaciae crimen est quod iubetur contemnere quod praecipitur nolle quod imperatum est declinare But more particularly to our purpose in handling it may bee prooued by a generall Councell that hee which holdeth his peace when he is asked or will not directly answere is wilfully disobedient and may bee conuicted for such his stubbernnesse For 4 Synod General 8. Actione 5. when as one Photius was demaunded by the Councell whether he would admit of the ordinances of the holy Fathers and he answered not any thing thereto the Presidents of the Synode signified vnto him that by his silence he should not escape from being condemned which thereby was made more manifest And to like purpose a late Schooleman writeth 5 Sotus de iust iure lib. 5. q. 6. When any thing is asked of the defendant but according to order of lawe he is vponpaine of deadly sinne bound to reueale the trueth yea though he be not sworne but much more vpon his oath Therefore is it well gathered that he which beyng duely interrogated though it be touching an offence and refuseth to answere as hee ought first offendeth against Iustice and against the 6 Iosu. 7. glorie of God Secondlie hee offendeth agaynst the reuerence of the Iudge whom he is bound to obey if he bee vnder his iurisdiction Lastly against the Common-weale which hath 1 l. ita vulneratus §. ad l. Aquil. a great interest to haue crimes discouered and punished Concerning the second of these it is by great and some of them ancient 2 Cyuus alij in l. 2. §. quod si actor C. de iuram calum Ciuill interpreters deliuered If a man who hath sworne that he will neuer take oath yet hauing a suite shall be commanded by the Iudge according to lawe to take iur amentum calumniae and thereupon doeth take it that he shall not thereby be accounted to be periured because such commaundement of the Iudge doeth excuse him For mine owne part I haue alwayes taken it to be a 3 T. C. grosse error in Diuinitie to affirme that a man may not holde any humane matter with a certaine perswasion nor doe any thing in externall actions but such onely as we haue a positiue or affirmatiue warrant for in the word of God For if this were a true position then a man might beleeue no historie to be true which is not in the Bible no Maximes or grounds of any sciences nor common principles left knowen vnto vs by the light of nature as that two and two make foure nor that there is any such countrey as America c. neither might a man with safe conscience doe infinite many things permitted by humane lawes and sundry of them also commaunded to be done because all these histories and Principles and the most of these lawes be such as can neuer by any sound reason be positiuely immediately and particularly prooued out of Scripture but onely by this generalitie that therefore they may be beleeued or done because they are not contrary to Scripture are agreeable to the vncorrupted light of nature or to sundry credible mens experience or are by the politique lawes of our countrey receiued For who can giue any other sound reason directly drawen from the Scripture that theft shall be punished with death that matters of fact shall bee tried by a Iurie of twelue led sometimes not by witnesses but by circumstances and probable inducements that the eldest sonne shall haue all his fathers land by descent from the rest of his brethren though they bee neuer so many who no lesse then the eldest are descending from him that my kinsman remooued perhaps fiue or sixe degrees descending of the whole bloud from my fathers brother shall and lawfully may inherite my lande before mine owne fathers sonne by another wife that at one and twentie yeeres a man may effectually