Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n case_n common_a law_n 2,310 5 4.9938 4 true
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
A93719 Rules of civil goverment [sic], drawn from the best examples of forreign nations, and Common-wealths-briefely discovering the excellency and benefit of good governors, and the dangerous consequence of corrupt self-seekers. In a short dialogue between a country man and a scholer. / Written by Robert Sprye, lawyer. Humbly presented to his Excellency the Lord Generall as a word in season.; Rules of civil government Spry, Robert. 1653 (1653) Wing S5089; Thomason E1484_3; ESTC R208760 19,290 63

There are 2 snippets containing the selected quad. | View lemmatised text

the East parts which set the world in a mighty difference laying two grounds to encourage his followers the first that whosocever dyed in War against the Christians or other Enemies to the Mahometan law did instantly passe to all pleasure and delight in Paradise The second that death was so necessarily ordained to men that no violence would end a man before his time nor wearines avoid it at the time Of this Mahomet the Saracens first and after them the Turks a mighty people borrowed their Religion Of him their Haman family learned to cover the fire of Ambition with the Ashes of Religion under pretence to propogate it to perswade their followers both to fight an d to dye resolutly C. I partly beleeve that the Pope and his Predecessors have hither to walked by the Mahometan rule you last discoursed of S. The Papacy in the generall have very much followed this course or Rule as you call it concealing all their privat revenges and ambitious desires under the pretence of the Catholick cause And that with that confident perswasion and credulity of their fellowes that many of the Papisticall Souldiers if he hath a crosse on his back and the Papisticall benediction over his head think that either they are not of danger in earth or if they dye they have a present passage to Heaven at least shall passe through Purgatory and so escape Hell In this point there is great difference betwixt the present and ancient Romans that the old Romans had a reverend opinion of the Religion of all Countries though different from them and would never suffer any despight or wrong to be shewed to the Co●quered under that name of Religion which is not in particular mens power to take or leave as they list The present Papists make their decrees the Rules of all truth in Religion and those that are different they curse and mischiefe by all means they can i●vent accounting them Atheists Miser eants and Hereticks c. which violent proceeding hath enforced the like vehemency in the opposites to iudge of him and his in like sort which hath been the sole cause of the great distraction in Christendome and laid it so open to the Mahometans There is no mischiefe that works so dangerously as that which is carried with a Colour of Religion Simulata sanctitas duplex iniquitas For that nothing can carry a multitude so forcibly as blind zeal and superstition in any cause undertaken In times past Sortorius a Roman razsed Portugall the better part of Spaine defeated the Roman Armies working credit with his followers by pretending conference with Diana by means of a white ●art Mahomet by his Dove and Bull of late times the Seriffo in Africa under a pretended Holinesse gate first his strength by which he turned the lawfull Prince out of the State and setled himselfe and his John of Leyden at one time and Muncerus at another time raised those great Tumults in Germany C. Sir in your description of Government I remember you told me that order was maintained or supported by those three things Religion Law and M●gistrates you have given me ample satisfaction concerning Religion I desire you would now discover to me what Law is S. Lawes are certaine Rules written or customs continued by which the light of persons actions or things are determined Ius triplex est 1 Ius naturae Is the light of nature by which we know what is wrong being offered unto us and that the same ●s wrong being committed by our selves against others 2 Ius Gentium T●e Law observed by all Nations how difference so ever and is the rule d●iding right betweene men of sundry Common-wealths and it specially concerns Leagues Contracts Captives c. 3 Ius Civile Is that by which the Citizens of every state are ruled and it is of two sorts 1 Ius Commune Or Ius Iusticiae the Common Law which is conteyned in the letter of the Law or in the Customes of the Country and this in particular cases may sometimes be the cause of wrong as is often spoken Summa Ius summa Injuria 2 Ius Equitatis The Law of Equity when a particular case by reason of some circumstance desireth help and ease against the rigor of the Law such was Ius Pretorium amongst the Romans and the Court of Chancery with us in England In the Case where the stranger saved the City by mounting on the Walls and encouraged the Citizens to keepe the Towne against the Enemy contrary to the Law Peregrinus in mures si ascenderit Capitale esto the action in it selfe most honourable it by the letter of the Law Capitall Besides all these there is Ius Prerogative which resteth wholly in them be they one or more in whom the Supreame power and Authority resteth Such have Princes in absolute Monarchies and such a Power had the people of Rome wh●n the State was Popular to receive appeals from any of their Judges to call matters determined by Law to a new audience to suspend the execution of any sentence or to pardon the punishment Such also hath been the accustomed power of the Parliaments of England The Law is necessary for every State for that Leges fiunt propter homines homines non fiunt propter Leges Men are not made to satisfie the Law in its rigor but Lawes are made for the safety and preservation of men Salus Populi suprema Lex C. Doe all Nations agree in their Lawes S. Noe. C. How then are their Lawes to be discerned or known S. There are two Rules by which the Lawes and Customes of Countries are to be discerned 1. By the Law of Nature spoken of before by that light by which we know what is right or wrong either in doing or suffering Altrine facias quod tibi factum nolis in this all good estates agree in the substance framing their positive Lawes against Atheisme Murther Adultery Theft c. Things in the light of Nature Condemned Nations also differ in the punishment and means of restraining which is not in Nature defined If any Law in a State be made against this of Nature it must needs be inconvenient as implicating a contradiction in the Government to other Lawes For that the whole Law of nature is most agreeable and conformable in all the severall parts unto it selfe 2. The second Rule by which the Law of Nations are discerned is by the Supposition of the State that is by comparing the Law or Custom with the maine government in Practise for if a Law be made which holds not on scope with the present Government established it must needs breed variance and discord and in the end some occasion for one party to assaile the other As it must needs happen to a Monarchy if the people get any power to deale in the State but most commonly in a popular State if either they continue their great Offices for too long a time or yeild too great authority by Decree to any one
according to the letter of I S. No fo it is neither safe that Law alone should rule which can not distinguish of times occasions nor actions Neither is it safe that Magistrates should rule alone without Law for men are so subiect to hatred love feare passion reward c. It is best where both have their place for that Law directeth best actions but discretien and true iudgement best distinguisheth circumstances C. How shall a man discerne the strength of a State S. By observing these three things 1. Whether it be strong in the frame it selfe of present Government so if Monarchy is held more strong and in lesse hazard of distraction and division then a popular state 2. Whether it be strong by continuance of time having long holden on forme so New Principalities are weak as wanting time to confirme them Auncient Principalities are strong where the peopl have been inured to reverence and obedince Monarchy could not have been taken from the Assyrians if Sardanapalus had not been a beast nor from the blood of the Cesars if Nero had not been rather a Monster then a Man 3. Whether it be strong only by vertue Wisdome and Valour● of them which are in present Authority So only New Principalities have strength by them which raise them Such was the Gresian Monarchy which appeared in the world and vanished againe like lightning the strength whereof wholy consisted in Alexander and with his death perished C. What are the reall differences of Common-wealths and from whence have States their Denomination S. The reall difference of Common-wealths are taken from the different order in com●anding and obeying the Name of every State is given according to the Supreame and highest Authority C. Wherein is the Supreame Authority manifested S. In these foure things 1. Potestas belli et pacis 2. Potestas vitae Necis 3. P● faciendar legum 4. Po. Creandor magistrat By these foure powers States are determined in themselves and distinguished one from another In whom those four powers or most of them do rest whetherin on● ●ome few or in many in them is the supreame Authority and they give the Name to the State If they be absolute in any the state of them is called an absolute Monarchy or Aristocraty c. If they be partly in some and partly in others then the State is said to be a mixt Common-wealth According as these powers are dive●sly setled so States are r●ally distinguished If those powers be in one person well used to the good of the people under him the State is called A Monarchy If in the person of one abused to the profit only of that one and of his who hath the Authority in his hands it s called A Tyranny If in some few well used to the common safety it is called An Aristocraty If in some few abused to the profit and pleasure of some few An Oligarchy If the fore said powers be in the multitude well used to the safety of all Law having power above the people i●s then called A good Democraty If in the multitude abused to faction and the setting up the basest of the people the multitude over-ruling Law A bad Democraty C. Which of these Governments do you esteem the best S. Heretofore most Hist●rians were of the iudgement that regulated Monarchy was the best but the State of England as now it stands admits not such weak iudgements as mine to distinguish C. SIR I see you are silent in your thoughts I pray tell me what you account the worst S. The worst State is a Tyranny as being opposite to the best Bonum malum in suo g●n●re maxime distant C. I have heard of an Anarchy I pray what government is that S. Anarchy is no State but a confusion of all order much wo●se then the worst Tyranny which well appeared at Rome after the death of Nero when all men did what they list which caused an honourable Senato● to say that if that misorder should continue they should have occasion to wish for Nero againe It is better living where nothing then where all things are lawfull C. I remember you told me th●t if the forementioned powers were in one person it was an absolute Monarchy by which I conceive there are sev●rall kinds of Monarchi●s S. A Monarchy is the government of one to the preservation of all But Monarchies are of two sorts 1. Absolute where the chi●f doth rul● all causes by his absolute Authority not any way d●t●rmin●d by Law and the●e are good so sa●re as the Authority is well used and the cheif doth hold it Salus populi suprema L●x For government was before positive Lawes and in Nature there is absolute priority and power of the Father over his Children 2. Limited and that three manner of wayes 1. By Lawes a lore where the Subject may have lawfull audience and he●p in Law for holding or recovering his right against the Prince 2. By Ove●seers alone where there be Offic●rs of State which may demand ●e●son wh●n the cheif stretcheth his power to the the d●trime●t of the Subject such have been the Electors in Germany 3. By Lawes and Overseers as in times past in France when the twelve pe●res held their places and their Parliaments had their full power for the processe of Lawes Just Prin●ipalities are generally mai●tained by hould●ng the favour and love ●f the Subject Imperium est in voluntate obsequentium C. What meanes is a Governour to use to gaine the love and affection of his people and being gained how isit to be kept and preserved S. The peoples love is houlden by these meanes 1. By being Religious to wards God for that men will never seek nor desire the overthrow of them whom they are perswaded to be g●●●ded with divice pro●ection 2. By shewing ●a●e of the puli●● safety not of privat gaine me● doe most willingly contribute when they are perswaded that money is either imployed or rese●ved for publick benefit 3. By b●ilding publick works and r●leiving publick misfortunes 4. By bestowing honours and rewards upon men of great worth by desert● 5. By referring all matters of Justice and punishment to their offences never shewing contentment in the shame or misery of any 6. Generally by bounty magnanimity and all ho●ourable and vertuous actions C. Tyranny you say is the worst of governments I shall earnestly desire you would branch it forth into its severall parts by which I may perceive the iniquity of it S. Tyranny is the government of one man according to his own will and respecting only his owne profit Tyrants have used two wayes to support and uphold their Tyranny 1. By taking away all desire and knowledge of altering their government which is thus done First by working pusillanimity Ignorance and distrust in the people which is acted five manner of wayes 1. By taking away all Schooles and discipline by which men might understand what is right or wrong A thing practised by the Turks