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cause_n authority_n law_n power_n 2,481 5 4.8394 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A85293 The anarchy of a limited or mixed monarchy. Or, A succinct examination of the fundamentals of monarchy, both in this and other kingdoms, as well about the right of power in kings, as of the originall or naturall liberty of the people. A question never yet disputed, though most necessary in these times. Filmer, Robert, Sir, d. 1653. 1648 (1648) Wing F910; Thomason E436_4; ESTC R202028 34,573 45

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chooseth Lay Councelors and nominates the Bishops and whom He will have to be His Privy Counsell He is absolute disposer of the Revenews of the Crown He is absolute establisher of the decrees of the Diets it is in His power to advance and reward whom He pleaseth He is Lord immediate of His Subjects but not of His Nobility He is Soveraigne Judge of His Nobility in criminall causes The power of the Nobility daily encreaseth for that in respect of the Kings election they neither have law rule nor forme to do it neither by writing nor tradition As the King governs His Subjects which are immediately His with absolute Authority so the Nobility dispose immediately of their vassals over whom every one hath more then a regall power so as they entreat them like slaves There be certaine men in Poland who are called EARTHLY MESSENGERS or Nuntios they are as it were Agents of Jurisdictions or circles of the Nobility these have a certaine Authority and as Boterus saith in the time of their Diets these men assemble in a place neer to the Senate House where they choose two Marshals by whom but with a tribune-like authority they signifie unto the Counsell what their requests are Not long since their authority and reputation grew so mightily that they now carry themselves as heads and governours rather then officers and ministers of the publike decrees of the State One of the Counsell refused his Senators place to become one of these officers Every Palatine the King requiring it cals together all the Nobility of His Palatinate where having propounded unto them the matters whereon they are to treate and their will being known they choose four or six out of the company of the EARTHLY MESSENGERS these deputies meet and make one body which they call the order of Knights This being of late years the manner and order of the government of Poland it is not possible for the Observator to find among them that the whole community in its underived Majesty doth ever convene to do Justice nor any election or representation of the Community or that the people assume its owne power to do it self right The EARTHLY MESSENGERS though they may be thought to represent the Commons and of late take much upon them yet they are elected and chosen by the Nobility as their agents and officers The Community are either vassals to the King or to the Nobility and enjoy as little freedome or liberty as any Nation But it may be said perhaps that though the Community do not limit the King yet the Nobility do and so he is a limited Monarchy The Answer is that in truth though the Nobility at the choosing of their King do limit his power and do give him an oath yet afterwards they have alwayes a desire to please him and to second his will and this they are forced to do to avoid discord for by reason of their great power they are subject to great dissentions not only among themselves but between them and the order of Knights which are the earthly messengers yea the Provinces are at discord one with another and as for Religion the diversity of Sects in Poland bred perpetuall jars and hatred among the people there being as many Sects as in Amsterdam it self or any popular government can desire The danger of sedition is the cause that though the Crown depends on the election of the Nobility yet they have never rejected the Kings successour or transferred the Realme to any other family but once when deposing Ladislaus for his idlenesse whom yet afterward they restored they elected Wencelaus King of Bohemia But if the Nobility do agree to hold their King to his conditions which is not to conclude any thing but by the advise of his Counsell of Nobles nor to choose any wife without their leaves then it must be said to be a Common-weal not a Royalty and the King but only the mouth of the Kingdome or as Queen Christina complained that Her Husband was but the shadow of a Soveraigne Next if it be considered how the Nobility of Poland came to this great power it was not by any originall contract or popular convention for it is said they have neither Law rule nor forme written or unwritten for the election of their King they may thanke the Bishops and Clergy for by their holy admonitions and advise good and Religious Princes to shew their piety were first brought to give much of their Rights and Priviledges to their Subjects devout Kings were meerely cheated of some of their Royalties What power soever generall Assemblies of the Estates claime or exercise over and above the bare naked act of Counselling they were first beholding to the Popish Clergy for it it is they first brought Parliaments into request and power I cannot find in any Kingdome but onely where Popery hath been that Parliaments have been of reputation and in the greatest times of Superstition they are first mentioned As for the Kingdome of Denmarke I read that the Senators who are all chosen out of the Nobility and seldome exceed the number of 28 with the cheif of the Realme do choose their King They have alwaies in a manner set the Kings eldest Son upon the Royall Throne The Nobility of Denmarke withstood the Coronation of Frederick 1559 till he sware not to put any Noble man to death untill he were judged of the Senat that all Noble men should have power of life and death over their Subjects without appeal and the King to give no office without consent of the Councell There is a Chancelour of the Realme before whom they do appeal from all the Provinces and Islands and from him to the King himselfe I hear of nothing in this Kingdome that tends to popularity no Assembly of the Commons no elections or representation of them Sweden is governed by a King heretofore elective but now made hereditary in Gustavus time it is divided into Provinces an appeale lieth from the Vicount of every teritory to a Soveraigne Judge called a Lamen from the Lamens to the Kings Councell and from this Councell to the King himself Now let the Observator bethinke himself whether all or any of these three Countries have found out any art at all whereby the people ●r community may assume its owne power if neither of these Kingdomes have most Countries have not nay none have The people or Community in these three Realms are as absolute vassals as any in the world the regulating power if any be is in the Nobility Nor is it such in the Nobility as it makes shew for The election of Kings is rather a formality then any real power for they dare hardly choose any but the Heire or one of the blood Royall if they should choose one among the Nobility it would prove very factious if a stranger odious neither safe For the Government though the Kings be sworne to raigne according to the Laws and are not to do any thing without the consent of their Councell in publick affaires yet in regard they have power both to advance and reward whom they please the Nobility and Senators do comply with their Kings and Boterus concludes of the Kings of Poland who seem to be most moderated that such as is their valour dexterity wisdome such is their Power Authority and Government Also Bodin saith that these three Kingdomes are States changeable and uncertaine as the Nobility is stronger then the Prince or the Prince then the Nobility and the people are so far from liberty that he saith Divers particular Lords exact not only customes but tributes also which are confirmed and grow stronger both by long prescription of time and use of Judgements The End