Selected quad for the lemma: truth_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	appeal_v	command_n	verbal_a	24	3	15.9606	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A30577	The glorious name of God, The Lord of Hosts opened in two sermons, at Michaels Cornhill, London, vindicating the Commission from this Lord of Hosts, to subjects, in some case, to take up arms : with a post-script, briefly answering a late treatise by Henry Ferne, D.D. / by Jer. Burroughes.	Burroughs, Jeremiah, 1599-1646.	1643 (1643)	Wing B6074; ESTC R4315	105,730	154

in authority may command what authority does not command But may we go against the command of the King It is not against his authorative command Many if not most men mistake in this they think the authorative commands of the King chiefly consist in his personall verbal commands but the truth is his authority is in his commands by his officers Seals and Courts of Justice we may appeale from his personal verball command to his command in his Courts of Justice whatsoever is his command in one Court of Justice may be appealed from to a superior Court and so to the highest and there we must rest But the King sayes That this which is done is done against Law If when the most inferior Court of Justice determines any thing to be Law it is not the Kings personall dissent and saying it is not Law that disanuls it but the judgement of some superior Court then if the highest Court in the Land which is the Parliament shall judge a thing to be Law surely the personall dissent of the King and saying it is not Law cannot disanul it But although the Parliament tels us that what they doe is Law yet they doe not shew where that Law is where shall we finde it extant We are to know that our Common-wealth is governed not onely by Statute Law but by the Common Law now this Common Law is nothing else but recta ratio right reason so adjudged by Judges appointed thereunto by Law and this is various according as cases doe occur so that although some presidents some generall maximes of this Law be extant yet if new cases arise then there must bee determination according to the nature of such a new case which determination by such as are appointed Judges is now Law although it were no where written before And certainly we have now such things faln out as no former time can shew presidents of As That a King should goe from his Parliament so as ours doth That a King should take up Arms as now he doth with many other things of consequence of a high nature which our Houses of Parl. in their Declarations publish which our eares tingle to hear of and our hearts tremble at the mention of These things were never heard of since England was a Kingdom therefore we can expect no presidents of what determinations there can be in these cases and some determinations of necessity we must have or else wee shall run to confusion The determination then of the highest Court of Justice in the Kingdome wee must account Law in this case This is the way of determining Cases that fall out in the Common Law First the determination must not be against any Statute Law and so is the determination of Parliament now there is no Statute Law against it Secondly it must be according to some generall Maximes of that Law Now this is one great maxime of it Salus populi suprema Lex The safety of the people is the supreame Law and according to this their determination is Thirdly when any inferior Judge makes this determination against any party that thinks himselfe wronged he makes his Appeale to the Kings Bench If at the Kings Bench that be judged Law against a man which he thinks is not right then he hath a Writ of Appeale ad proximum Parliamentum to the next Parliament so that it is apparent by the frame of Government in our Kingdom that the Parliament is supreame Judge of what is Recta ratio Right reason in cases of difficulty and controversie and this not being against any former Statute Law agreeable to the received Maximes of Common Law it is to be accounted Law although we finde not that Case or that Determination written in any Book before This is needefull for the satisfying mens consciences that things are carried according to the constitution of the Government of our Kingdom therefore in this we do not sin against Authority If mens consciences be not satisfied in these things what shal they do Now therefore because that which is urged upon mens consciences is the authority of man that we must obey we can never satisfie our consciences untill we know what this authority of man is that we cannot know but by the Law of the Kingdom It is necessary therefore that men understand what kind of government they live under that they may know when they offend against Authority and when not that they may not be deluded and brought into snares and things of dangerous consequence meerly by the name of Authority But yet it may further be said Grant the Parliament to be the Judge how can it judge without the King For the Parliament consists of three Estates the House of Commons the House of Lords and the King How can that then be said to be the determination of the Parliament which is not the determination of the King It is true for the making any Statute the passing any thing by way of Bill all the three Estates of the Kingdome are required to joyne but for the determination of what is Law that may be done by both the Houses in the absence of or without the knowledge of the King as usually it is In cases that are brought before them in the punishment of Delinquents they doe not send to the King for his assent to joyne with them in their determinations but in those proceed as a Court of Justice themselves But what if authority be abused may we resist Is not passive obedience required if active cannot be given There is a great deale of difference between the commands that are from abused authority and the commands that are from the wils of men in authority but not from the authority of those men That is abused authority when those to whom power of making Laws belongs shall make evill Laws in this case there is no help but passive obedience or flying untill some way may be taken for rectifying that Authority that is abused But when men that are in authority command any thing out of their owne wils which is no Law it is not Authority that doth command it in this case there is no resisting of Authority at all although the thing be denyed that is commanded in such a case if we neither yeeld active nor passive obedience we cannot be said therefore to resist authority For as Samson said in another case If you doe thus and thus unto me I shall be but as another man so if these men who are in place of authority do such things as the Laws and Government of the Countrey will not bear them out in they are but as other men yet some reverence ought to be shewed to their persons both in words and actions in regard of their place What say you to the Kings of Judah Many of them did otherwise then they ought and yet we doe not reade they were resisted but obeyed