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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
how far the Parliament is able to create new formes and precedents and has a jurisdiction over it self All these doubts would be solemnly solved But in the first place the true priviledges of Parliament belonging not only to the being and efficacy of it but to the honor and complement of it would be clearly declared for the very naming of priviledges of Parliament as if they were chimeras to the ignorant sort and utterly unknown unto the learned hath been entertained with scorne since the beginning of this Parliament In this large passage taken out of the Observator which concernes the originall of all Government two notable Propositions may be principally observed First our Observator confesseth arbitrary or absolute government to be the first and the safest government for the world Secondly he acknowledgeth that the jurisdiction is uncertaine and the priviledges not cleerely declared of limited Monarchy These two evident truths delivered by him he labours mainely to disguise He seemes to insinuate that arbitrary Government was but in the infancy of the World for so he termes it but if we enquire of him how long he will have this infancy of the world to last he grants it continued above three thousand years which is an unreasonable time for the world to continue under age for the first opposers he doth find of arbitrary power were the ephori tribuni curatores c. The ephori were above three thousand years after the Creation and the tribuni were later as for his curatores I know not whom he meanes except the Master of the Court of Wards I cannot English the word curator better I doe not believe that he can shew that any curatores or et caeteras which he mentions were so ancient as the ephori As for the tribuni he mistakes much if he thinkes they were erected to limit and bound Monarchy for the state of Rome was at the least Aristocraticall as they call it if not popular when tribunes of the people were first hatched And for the Ephori their power did not limit or regulate Monarchy but quite take it away for a Lacedemonian King in the judgement of Aristotle was no King indeed but in name onely as Generalissimo of an Army and the best polititians reckon the Spartan Common-wealth to have been Aristocraticall and not Monarchicall and if a limited Monarchy cannot be found in Lacedemon I doubt our Observator will hardly find it any where else in the whole World and in substance he confesseth as much when he saith Now most Countries have found out an art and peaceable order for publique Assemblies as if it were a thing but new done and not before for so the word Now doth import The observator in confessing the Jurisdiction to be incertaine and the priviledges undetermined of that Court that should bound and limit Monarchy doth in effect acknowledge there is no such Court at all for every Court consists of Jurisdictions and Priviledges it is these two that create a Court and are the essentials of it If the admirably composed Court of Parliament have some defects which may receive amendment as he saith and if those defects be such as cause divisions both between the Houses and between the King and both Houses and these divisions be about so maine a matter as Jurisdictions and Priviledges and power to create new Priviledges all which are the fundamentals of every Court for untill they be agreed upon the act of every Court may not onely be uncertaine but invalid and cause of tumults and sedition And if all these doubts divisions have need to be solemnly solved as our Observator confesseth Then he hath no reason at all to say that Now the conditions of Supream Lords are wisely determined and quietly conserved or that Now most Countries have found out an art and peaceable order for publick affaires whereby the people may resume its own power to do it self right without injurie unto Princes for how can the underived Majesty of the people by assuming its own power tell how to do her selfe right or how to avoid doing injury to the Prince if her jurisdiction be uncertain and Priviledges undetermined He tels us Now most Countries have found an art and peaceable order for publick Assemblies and to the intent that Princes may not be Now beyond all limits and Laws the whole community in t is underived Majesty shall convene to do Justice But he doth not name so much as one Country or Kingdome that hath found out this art where the whole Community in its underived Majesty did ever convene to do Justice I challenge him or any other for him to name but one Kingdome that hath either Now or heretofore found out this art or peaceable order We do hear a great rumor in this age of moderated and limited Kings Poland Sweden and Denmark are talked of for such and in these Kingdomes or no where is such a moderated Government as our Observator meanes to be found A little enquiry would be made into the manner of the Government of these Kingdomes for these Northern people as Bodin observeth breathe after liberty First for Poland Boterus saith that the Government of it is elective altogether and representeth rather an Aristocracie then a Kingdome the Nobility who have great authority in the Diets chusing the King and limiting His Authority making His Soveraignty but a slavish Royalty these diminutions of regality began first by default of King Lewis and Jagello who to gaine the succession in the Kingdome contrary to the Laws one for his daughter and the other for his son departed with many of his Royalties and prerogatives to buy the voices of the Nobility The French Author of the book called the Estates of the world doth informe us that the Princes Authority was more free not being subject to any Laws and having Absolute Power not onely of their estates but also of life and death Since Christian Religion was received it began to be moderated first by holy admonitions of the Bishops and Clergy and then by services of the Nobility in war Religious Princes gave many Honours and many liberties to the Clergy and Nobility and quit much of their Rights the which their successors have continued The superiour dignity is reduced to two degrees that is the Palatinate and the Chastelleine for that Kings in former times did by little and little call these men to publike consultations notwithstanding that they had absolute power to do all things of themselves to command dispose recompence and punish of their own motions since they have ordained that these dignities should make the body of a Senate The King doth not challenge much right and power over His Nobility nor over their estates neither hath he any over the Clergy And though the Kings Authority depends on the Nobility for His election yet in many things it is absolute after he He is chosen He appoints the Diets at what time and place He pleaseth He