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A08874 An essay of the meanes hovv to make our trauailes, into forraine countries, the more profitable and honourable Palmer, Thomas, Sir, 1540-1626.; Zwinger, Theodor, 1533-1588. Methodus apodemica. 1606 (1606) STC 19156; ESTC S113921 84,643 147

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season and verie needefull in speciall cases Neuerthelesse there bee many verie pertinax in this opinion that Though a State shall inflict for good causes a greater punishment on malefactors for such and such crimes then the lawes of God or of Nature doo yet they are ignorāt by what warrāt of like policie any State may abbridge the rigor of the law of God in capitall offenses For such lawes say they are both iudiciall and eternal by which policie no doubt States may bee best gouerned for proofe whereof the abbridgers say they of such laws are by the heathē people that haue not the written law of God conuinced taught how to rule in like cases Of humane and positiue lawes there is a variable consideration according to the vse and titles that euery Countrie and State holdeth peculiarly almost As generally heere in England wee tearme our law by the name of Common law it being a peculiar law to this State and members So the Romans in times past called their law the Ciuile law Though indeed all good lawes as Iustinian himselfe confesseth may wel enough be tearmed Ciuile lawes yet for distinction sake let it bee taken heere whensoeuer wee shal name Ciuile lawes for those that were refined by the Emperor Iustinian and set foorth by him the which at this day are vsed in most of the ciuile States and Nations of Europe either in part or altogether From whence let Trauailers make this obseruation Whether the lawes of the Countrie wherein they trauaile be lawes prerogatiue or positiue For there are some Countries gouerned by lawes meerely prerogatiue of which wee will first expound to such as intende for to trauaile These kinde of Lawes be for the most part vnwritten and therefore require the more care to be searched out and into for their vncertaintie Moreouer let Trauailers obserue how farre the prerogatiue of Princes and States doth stretch ouer their Subiects For there are some so absolute and sole tyrannous that all things are gouerned according to the will of the Prince and euerie commoditie of the Countrie stands at the Princes pleasure Such is the Tartarian and great Cam. Others there are halfe tyrannous whose displeasure and will hath no law to curbe the vnrulinesse thereof such is the Turke the Muscouian and the Pope Others there are according as they are religious and fearers of the true God and Princes of ciuile and religious States whose prerogatiue is much but yet in ciuile and honest actions being free themselues from punishment of their lawes in some sorte and may from time to time dispense with and chaunge their lawes constituting new as is expedient for the good of the Common-weale Neuerthelesse some there are that haue of these also greater prerogatiue then others according to their gouernment and state of policie For better discouerie the law prerogatiue is to be searched either in the person of the Prince or in the Magistracie which hath his power from the Prince on State The Prince or State if it bee an Aristocracie hath absolute power not controulable to command anything action or person whatsoeuer carrieth semblance of good to the State or that cōtrarieth not the law of God of Nature Moreouer to forbid controule anything persō or actiō whatsoeuer of like nature whether by word of mouth whether by letters proclamatiōs edictes or such like means as Princes or States vse And lastly by cōmission to authorize other to reward and punish according to the offence done euerie fault that is not encountred by the Law positiue alreadie perseruing the life members and speciall liuelyhood of the delinquents The prerogatiue of the Magistracie may be discerned as in our Countrie in the high Court of Parliament in the authoritie of the Councell in that of the Starre Chamber in the Lord Chancellor Lorde Treasurer Lord high Counstable Lord Mareschall Lord Admirall in the principal Secretarie in the chiefe Iustices and iudges of the Land in each Maior and Towne Corporate and lastly in euerie high Commissioner and speciall Officer that the Prince of this Land deputeth to vndergoe any charge at home or abroad So is it in all other States and Countries The which being cōsidered by Trauailers they shal be able to discerne the authoritie royall of the Prince and State as well in Politicall as in Ecclesiasticall giuing making of Lawes Touching the lawes Positiue they bee either Political or Ecclesiastical The Political are either ancient Maximes of perpetuall obseruāce or Modern mutable The ancient are such as the Romanes called the Ciuile lawes in speciall such as the French their law Salique such as we the Common law The Moderne are all those lawes which goe vnder the name of Statutes Decrees Ordinances Edicts and such like being in all Ciuile States put into print the which are by so much the easier to bee attained vnto by Trauailers wherin they may at leasure discouer euerie thing as in a glasse either cōcerning the nature of the people or the State of the Countrie The Politicall lawes are changeable according to the standing of things that the State may grow to perfection The Ecclesiasticall are tradicions lawfull or vnlawfull The vnlawfull bee such as are contrarie to the lawe of God and tha● in no sort tend vnto edification of which crue a Trauailer shall meete within most States But let him bee carefull to collect the best wheresoeuer the which hee shall discerne by their coates namely if they crosse not Gods word or destroy not more then they edifie The lawfull tradicions be rules or Canons of doctrine of manners of rites and Ceremonies pertaining to godlines that consent with the holy word of God and tend to edification Touching the rules of doctrin the Apostles inspired with the holy Ghost haue left many the generall and prouinciall Synodes of godly and honest minded men haue set foorth others the which are for the vnderstanding of the holy Scriptures verie profitable And lastly euerie lawfull State and Church hath absolute power without the consent of the Pope or any other forraine approbation to doe the like gathering euermore their constitutions rules form the word of God Touching those of manners and of Ceremonies euerie lawfull State and Church hath absolute power to decree that which shall be most agreeable with the nature of the State yet so as all those Constitutions tend to edification and bee so neerely drawen from the holy Scriptures and the best discipline of other Churches as neere may be These bee the exacte rules for to make discouerie wherby three commodities shall redound to Trauailers First they shall be able to iudge whether the Countries leane by their lawes to this or that religion Secondly whether the people be nourished in the right or wrong and lastly they may gather thereby the most sincere and vpright orders for the perfecting of their owne Countrie and informing themselues For when such are well seene