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master_n husband_n servant_n wife_n 9,371 5 6.6651 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A31665 Of magistracy Johnson, Samuel, 1649-1703. 1688 (1688) Wing C1939; ESTC R38737 5,534 5

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CHAP. I. Of Magistracy I. RELATION is nothing else but that State of Mutual Respect and Reference which one Thing or Person has to another II. Such are the Relations of Father and Son Husband and Wife Master and Servant Magistrate and Subject III. The Relations of a Father Husband and Master are really distinct and different that is one of them is not the other For he may be any one of these who is none of the rest IV. This distinction proceeds from the different Reasons upon which these Relations are Founded V. The Reason or Foundation from whence arises the Relation of a Father is from having Begotten his Son who may as properly call every Old Man he meets his Father as any other Person whatsoever excepting him only who Begat him VI. The Relation of an Husband and VVife is founded in VVedlock whereby they mutually consent to become one Flesh. VII The Relation of a Master is founded in that Right and Title which he has to the Possession or Service of his Slave or Servant VIII In these Relations the Name of Father Husband and Master imply Soveraignty and Superiority which varies notwithstanding and is more or less Absolute according to the Foundation of these several Relations IX The Superiority of a Father is founded in that Power Priority and Dignity of Nature which a Cause hath over its Effect X. The distance is not so great in VVedlock but the Superiority of the Husband over the VVife is like that of the Right Hand over the Left in the same Body XI The Superiority of a Master is an absolute Dominion over his Slave a Limited and Conditionate Command over his Servant XII The Titles of Pater Patriae and Sponsus Regni Father of the Country and Husband of the Realm are Metaphors and Improper Speeches For no Prince ever Begat a whole Country of Subjects nor can a Kingdom more properly be said to be Married than the City of Venice is to the Adriatique Gulph XIII And to shew further that Magistracy is not Paternal Authority nor Monarchy founded in Fatherhood it is undeniably plain that a Son may be the Natural Soveraign Lord of his own Father as Henry the second had been of Ieffrey Plantagenet if he had been an Englishman which they say Henry the Seventh did not Love to think of when his Sons grew up to Years And this Case alone is an Eternal Confutation of the Patriarchate XIV Neither is Magistracy a Marital Power for the Husband may be the Obedient Subject of his own VVife as Philip was of Queen Mary XV. Nor is it that Dominion which a Master has over his Slave for then a Prince might Lawfully Sell all his Subjects like so many Head of Cattle and make Money of his whole stock when ever he pleases as a Patron of Algiers does XVI Neither is the Relation of Prince and Subject the same with that of a Master and Hired Servant for he does not Hire them but as St. Paul saith They pay him Tribute in consideration of his continual Attendance and Imployment for the Publick Good. XVII That publick Office and Imployment is the Foundation of the Relation of King and Subject as many other Relations are likewise Founded upon other Functions and Administrations Such as Guardian and Ward c. XVIII The Office of a King is set down at large in the XVII Chap. of the Laws of King Edward the Confessor to which the succeeding Kings have been sworn at their Coronation And it is affirmed in the Preambles of the Statutes of Marlbridge and of the statute of Quo warranto made at Gloucester That the Calling of Parliaments to make Laws for the better Estate of the Realm and the more full Administration of Iustice Belongeth to the Office of a King. But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol. 5 Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary i. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ. to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13. 1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely necessary to the subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa. 28. from 23. to 29 Verse IV. VVisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have strength By me Kings Reign and Princes decree Iustice By me Princes Rule aud Nobles even all the Iudges of the Earth Prov. 8. 14. V. The Prophet speaking of the Plowman saith His God doth instruct him to discretion and doth teach him Isa. 28. 26. VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture That such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which is none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already Butted and Bounded when it forbids removing the antient Land marks And as it is impossible for any Man to prove what Estate he