Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	law_n	life_n	power_n	7,966	5	5.2131	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25982	An answer to the vindication of Doctor Hamond against the exceptions of Eutactus Philodemius vvherein is endeavored to be cleared what power man hath ... / the author E.P.	Ascham, Antony, d. 1650.	1650 (1650)	Wing A3918; ESTC R339	17,643	22

the proper and formal subject or receptacle of this power from the people who are the immediat root next to God of this formal power in the Magistrate for the better clearing whereof I add thus much out of Fortescue Chief Justice and afterwards Chancellor to Hen. 6. His words are these In a body Politick the intent of the people is the first living thing having within it blood that is politick provision for the Utility and Commonwealth of the same people which it imparteth as well to the head as to the members of the same body And a little before he saith As out of an Embrion ariseth a body natural so out of a multitude of people ariseth a Kingdom And Contzen in lib. 5. pol. c. 8. Parag. 5. c. Upon that place of Scripture Non est potestas nisi à Deo i. e. There is no power but of God saith he Cum Respublica constituta est in ejus i. e. dei potestate est regimen Monarchicum vel Aristocraticum vel populi politiam instituere atque ita respub. à Deo primo immediate est Magistratus ab ea i e. Rep. designati à Deo mediatè à populo immediate potestate habent quae ex natura rei est TOTA in Communitate primo immediate And this Dr. will find further that the Ius legum condendarum i. e. right of making Laws or a legislative power which infallibly includes power of life that greatest Ingredient of Supremacy is in de ipsa republica as the same Contzen affirmeth seu hominum multitudine non uno quopiam Iamdudum saith he explosa est ista Canonistarum quorundarum opinio qui naturâ hanc potestatem supremo principi successoribus tribuerunt ipsa respublica jus suae Gubernationis legum tantum habet si naturam s●…ectes ideo CONDERE LEGES magistratum sibi preficere potest CONFERRE in eum POTESTATEM legum condendarum and every man almost knowes that Legis virtus est imperare vetare permittere PVNIRE which I suppose this Doctor will confess doth include power of life premio afficere and Contzen tells you that he is not alone of this opinion but many other learned * men and he gives this reason for his own opinion nullus in alium habet potestatem nisi aliena voluntate vel delicto to which I will add that of Bracton lib. 1. cap. 4. propter delictum vel pactum non servatum privatur quis jure suo and it is true par in parem non habet potestatem and saith he further no man can claime this power of making laws and of life naturally to be in himself either by vertue of Seniority Primogeniture or paternall right as his due the people first had it in themselves and they give it their Governors I suppose he that will but compare what is here asserted with the opinion of E. P. in page 19. will finde no discord between them as is most evident in the case of the ten men in the freedome of nature 9. whereof did spontaneously subject themselves to the 10th to be governed by him according to such Laws as should be for mutual good and against mutuall Injuries one of the nine kils his fellow subject the tenth man whom his own Vote and Consent amongst the rest set up to be a Magistrate and impowred to make and execute Laws put him to death now in what measure the power of life is derived to the Magistrate from the Consent and vote of the people is easily concluded by * rationall men and though this interessed Doctor doth undertake to make good in his said vindication That † power of life flowes from a higher principle upon the Magistrate then from the peoples consent it proceeding from them onely as the Causa sine quâ non or by way of resultance and God onely communicating power of life to the Governor and mans consent that he should be his Governor remotely and by way of condition or qualifying of the subject to a capacity of receiving that power from God concurring to the vesting of that power in that person like the temper of the aire that contributes to the qualifying of the slime or putrid matter to receive the same influences which influences onely beget life in it This being as I take it more then he acknowledges elsewhere in his ‖ Pamphlet to the Generall and Councell of war called his Address I shall shew you how the Ingenuity of this Doctor or his pen hath gone a little further in his late * Book viz. wheresoever supremacy of Power is placed by the lawes of a Kingdom there subjection is required c. from both which I shall urge thus much Power of life is an ingredient yea the greatest ingredient of supremacy as this † Doctor acknowledges Supremacy is vested in the Magistrate by the laws and the Lawes are made by the people that is collectively or representatively how then can this Doctor deny the people to derive any power of life to the Magistrate it cannot be denyed but Gods approbation must concur to the right vesting of this power of life in the Magistrate yet doth it not appear but that God hath invested them with this power naturally The magistrate can make no law whatsoever that can be good which is not either express or implied in the revealed will of the great Lawgiver his work is onely to regulate and dispose all humane actions to the Common benefit and preservation of that publike society over which he is and to be an instrument of Terror to those that will not submit to the Laws held forth by God for the benefit of mankind Lawes are made for to be the cōmon standard measure of mens actions for the coertion of their wills offending right Reason and consequently transgressing the Will of God the fountain thereof and the Civil Magistrate is the instrument whereby that is done and hath his immediate mission from the people for that end and approbation from God or his permission at the least either of which in respect of them that are subjects is sufficient to make him a Magistrate to command obedience and compliance in order to these ends This was the Author of E. P. his opinion in other words as the Reader may easily find in the 18 19 20. pages of that Book The place of Scripture to make his opinion good Rom. 5. 7. is acknowledged by this Doctor 21. page of his Vindication Sect. 55. wherein he is of that Authors minde I must come to this close when I consider this Doctors Vindication and am of this opinion that he was resolved to charge the Author of E. P. with two contradictory opinions and with holding an opinion that Self-murder was lawful though he proves neither but what matters that let E. P. clear himself as well as he can Well done Dr. you are not