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cause_n according_a justice_n law_n 1,616 5 4.3920 3 false
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A94040 A glympse of that jevvel, judicial, just, preserving libertie. By Jo. Streater, a member of the Army of the Commonwealth of England serving in Ireland. Streater, John, fl. 1650-1670. 1653 (1653) Wing S5947; Thomason E690_11; ESTC R203670 12,715 23

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for publick peace and Justice a people in this case may constitute a Power to question them for their actings provided also that they still have regard to keep life and strengthen their Authority in such persons as shall act to that end that their trust was reposed in them for 23. That a people stand not by the Law of God or the Law of Nature bound to obey a Magistracy in any thing that shall be destructive to the general good or that shall be unjust to a particular but it is the duty of every one so prejudiced to oppose it and declare against it in testimony that a people do not stand bound to obey or submit to any thing that shall be destructive to the general or unjust prejudice to a particular as may appear Anno 2. Edw. 3. Ch. 8. expresly in these words That it shall not be commanded by the Great Seal or little Seal to disturb or delay common right although such commands do come the Justices shal not therefore cease to do right in any point Likewise Ann. 20. Edw. 3. Ch. 1. 'T is commanded That all Justices shall do right to all people not having regard to either rich or poor without being let or hindred by any commandment which may come to them from Vs or from any other or by any other cause and if any such do come either Letter or Writs the Justices shal proceed according to Law and Right notwithstanding as is the usage of the Realm So that it is clear that none stand bound to submit to a Magistracy or Authority but wherin the good of the Publick is concerned so also it may be from hence concluded that subordinate Officers should rather endeavour the knowing their duty in relation to the publick good then to conform themselves to the will of their Superiours for him that obeyeth should be able to judg whether that which is commanded be in the power of him that commandeth else he that obeyeth may execute in stead of the Law of the Common-wealth the absolute will of his Superior which error reduceth him to slavery 24. The judgments of the people are not so subject to be corrupted as great persons for the people have no other end in what they desire but common equity whereas otherwise great persons are swayed by several ends and interests and therefore often elections are more safe for by this means the people keep the power in their own hands Election is to be understood a qualifying of those which are to be elected with Authority to execute Law that is extracted by mutual consent of the generality for their good 25. That all actions in favour of parties be laid aside this will be a means to keep all at an even poyze so that one side should not out-weigh in power riches or honour this is for the preservation of the State of Venice duly observed at this day as may appear by the custome of the Senators to put off in Saint Marks Church all affection malice and quarrels so that when they deliver their opinions in Senate it is clearly for the good of the publick without having regard of private interest There is an inscription in Marble in letters of Gold at the entring in of the Councel Chamber of Reinsburgh Whosoever thou be Councellour or other that in regard of thy Office goest into the Councel Chamber out off and leave before this door all private affections anger violence hatred friendship or flattery submit thy person and care to the Commonwealth for as thou shalt do right or wrong in this so expect from God who will judge thee in this thing The Senate of Rome when Rome flourished were enjoined by an Oath the substance thus You shall swear by Jupiter Olympian and Counseller and by Vestal the Consultress and by Jupiter the Marrier and Juno the Married and Minerva the Provident and Victor and Venus and Amity and Concord and Right and Equity and good Fortune and all other Gods and Goddesses that I resolve to speak my opinion according to the Lawes and Ordinances approved by the City according to the Decrees and Edicts of the Romans by the which our Commonwealth is govern'd having respect to the profit of my Country with all my power I shal not suffer that my judgment or counsel shall be subject to favour hatred gifts or presents I shall not frame my Sentence to the will of any particular nor join my self to any man or party but only to the common benefit that I may to the utmost of my power increase the Common-wealth So that it appeareth that the Commonwealth of Rome had a necessity to provide against partiallity and promoting of private interest you shall not find one amongst the Romans during its glorious freedom until corruptions gained footing in the Commonwealth that was ever preferred for being Cozen Uncle Father Son or otherwise related but their tryals were their qualifications and abilities to undertake in peace or war for the good of the publick In the forementioned Oath you may mind one clause which is That they shall deliver their opinions according to the Laws and Ordinances approved by the City or Commonwealth so that people that are free from being Lorded over by the claim of any one person as Monarch are not bound to observe o● obey any Laws but such as they shall consent to by a general approbation Caius first directed his voice in his Orations to the people and not minded the Senate whereas other Orators that deceived the people and flattered the Senate directed their voice to the Senate He restored the Authority of the people and minded them that Government was provided for their good to deliver them from serving the more powerful and therefore it should behove them to watch to their Liberty that they should not look upon any circumstances in Religion to be qualifications for publick Trusts 26. When a Government is contracted into the hands of one or more that they come to pretend any thing of right to Government that Commonwealth is seldome free from War both Civil and Forraign so that that bloud and treasure that should be spent in enlarging the Dominions of the Commonwealth are spent in quarrels of such persons as lay claim to the Government as an instance the Wart between the House of Lancaster and the House of York wherein so much of our English bloud was spilt That indeed should be an inducement to caution England never to let any of their members grow too great nor continue too long in great Trusts Many claim a right by no other Title then long Continuance or Possession What miserable Wars Murders Burnings Depopulations Cruelties of all kindes were committed in the times of Nero Galba Otho and Vitellius which were personal quarrels of those to grasp at the Empire and to hold it when possessed Likewise the Civil War between Caesar and Pompey was the cause of he Roman Commonwealths losing of footing by suffering two of their Members to grow to that greatnesse to be able to wage such considerable Wars one against the other by which means the Victor became able to give a Law to the Common-wealth and could no longer relish receiving a Law from them after he had tasted what large Command and long continuance therein was c. 27. If the Common-wealth hath many Warrs they should not put the Conduct on one Members shoulders but rather chuse severall Members for several Undertakings so that by this means there wil be several or many of equal credit and therefore lesse dangerous 28. That those that have the charge of the conduct of Armies may not have the power of disposing the Treasurie nor the levying thereof but the Civil Power to act in that particular that the Military power may know they are Servants and not Masters 29. Care to increase Manufacture ought to be had for that enricheth and civillizeth the people Likewise care in Commerce to poize the exchange with Forreigners lest they eat you out of the Principal 30. Not onely to be careful to provide good Laws but also to provide a due execution and that penalties may be inflicted against those Magistrates that are remiss in the due executions of those Laws and Constitutions as are provided for the conservation and good of the Publick 31. That private motions or making of friends to obtain any thing whatsoever may not be allowed of under great penalties 32. That all persons in trust should be limited to act according to the Laws Customs and Usages of the Common-wealth and not otherwise then to the preserving of just and equall Freedom It is not to be understood of iust and equal Freedom or common libertie to be any other thing then to distinguish and preserve Proprietie FINIS