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 Coâ—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 iâ—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 â—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 Mâ—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 â—s wrong being committed by our selves against others 2 Ius Gentium Tâ—e Law observed by all Nations how difference so ever and is the rule dâ—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 whâ—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
RULES Of Civil Goverment 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 Exod. 18. 22. Morover thou shalt provide out of all the people able men such as feare God men of truth hating covetousnesse and place such over them c. LONDON Printed for John Hancock in Popes-head-Alley 1653. State-Policy C. SIR I Have of late heard much of a Common-wealth but know not what it meaneth I presume your late comming from Oxford can somewhat informe me what it iâ— and it s my earnest desire to know S. A Common-wealth is a multitude of Men ruled by one government C. Our Auntient acquaintance encouraged me to demand this question of you and I now perceive by your short Answer which is so knotty and difficult to my understanding that you have a desire to renew our old familiarity by more questions from me I shall the refâ—re desire if your leasure will permmit to unfold to me in our country Language what this word Government is aâ—d not answer me by Scholasticall resolutions which make me farther of from being informed then when I first demanded the question S. My friend and Country man by your last question I am sensible you either go about to inquire of my proficiency at the Vniversity or else do propound the question throughly to be informed friend inregard of your former love to me I will make bold to borrow so much time if your patience will give audience throughly to instruct you in this matter by a more larger unfolding the particulars of this your Quere that so I may not put you to unnecessary Questions C. Sir I am greatly beholding to you that you have not forgotten your old friend but are willing to have discourse with him I pray proceed to the Answer and I shall attentively give eare S. Government is a setled order of Commanding and obeying Order is maintained by three things viz. Religion Lawes and Magistrates the definition of Religion I presume you know but because of my promise to you and to avoin multitude of questions I will describe it what it is Religion is that worship of God publickely professed and practised and is maintained by Lawes and Magistrates C. Do all Nations agree that there is a God S. Yea all Nations agree in those three Propositions 1 That there is a God 2 That God is the punisher of offences and rewarder of vertues 3 That whatsoever is a God ought to be worshiped C. Is there not a difference amongst Nations concerning God S. The difference of Nations consisteth in these two points 1 In their opinion what is God Christians Jews and Turks do all hould there is but one God The Heathens in times past and now many of the Americans as also the people far Northward do hould that there are many gods and worship them accordingly 2 The second difference amongst Nations is In the manner of worshipping of God and so the Christian Jewes and Turks do mainly differ C. VVhat is the Center of a Common-wealth S. The Center of a Commonwealth where the hearts of all men in the same State doe meet is Religion The force of Lawes is shewne only upon occasions The better sort of the people will be sure to observe them Lex non est justo posita The Law is made for the offendor as for offendors Law can lay hold no farther then prooffes may be made of offences Scelera taâ—tum Probata lege puniuntur Religion holdeth a perpetuall strength and aweth the couscience restraining facta dicta cogitata by the power of the which Nemo nocens se judice absolvitur C. VVhat is the chiefe disturbance in a Common wealth S. Nothing sooner divideth a State then distraction in Religion as may appeare in old stories by the distraction as the Egiptians who worshiped severall Gods in their Countries and of latter times by the strange Tumults in Germany the Civill Warres in France and the sad condition of England Scotland and Ireland at this time C. VVhat then is the best way to maintaine Amity in a State S. The greatest band of unity in a State is unity and conformaty in Religion neither can any State safely suffer divers Religions to be publickly maintained or men of different Religion from that which is maintained to have any power to work a change C. Shew me by what Divine power Magistrates can enforce contentious men to conformity in the publick exercise of Religion S. You now put me to it indeed but I will not now take it upon me to resolve you in such a point our only discourse now is what the greatest Polititians hold for the supportation of a Weale-publick or State C. I may not then pin my faith on what you relate but I am to take it as the writing of ancient States-men who labor to uphold that Government they have set up or have lived under I pray then go on and shew me what Nations have been most strict in enforcing men to outward conformity S. The Spaniard is the most observant of this of all Nations maintaining an Inquisition not only to censure dicta â—â—facta of any that sâ—em to differ from them but to search the very thoughts of men whom by any means they suspect different C. Are the Turks so severe to those that live with in their Territories S. Noe The Turks howsoever they inquire into no man meerly for Religion if he do not scandalize theirs yet they suffer neither Christians nor Iews nor any opposite to their Religion to have either Armor or Authority C. Did the Ancient Romans make VVarre for Religion S. The old Romans in their manifold Conquests never pretended occasion of quarrell by difference of Religion but either revenge of wrong offered to their Citizens or to their State or else the releeving of their Confederates oppressed or maintaining of their weak Neighbours C. Did the Romans regard the Religion of their Enemies S. The Religion of their Enemies they had of it reverend esteem howsoever they strictly observed Patrios Ritus yet they often brought home Peregrinos Deos and in the besieging of Cities they had many Ceremonies and expiations ad evocandum TVTELARES LOCI DEOS to shew they fought not against their Gods but desired they wold not succour their people so should be reverenced in the Roman Territory After the Roman Empire was growne to the height and could not sustain their own greatnes the civil weeds sprang all those Rites were omitted or forgotten Ambition openly professed that it fought pro imperio neither was there any cause pretended between the concurrences but the getting of the Empire On those terms the world passed until Mahomet devised a new and strange Religion in
man Syâ—â—a first and afterwards Caesar gate the whole state into their hands by the name of perpetuall Dictators Augustus by a more populer name Tribune of the people C. By this I understand that its a dangerous thing suddenly to alter a standing Law or custome of a Nation or State for you say that divers distractions and broyles do ensue thereupon S. Auntient Lawes and customes are not to be suddenly changed though they be but of small importance Plato thinks that the change of Musick ought not to be suffered least that should also change mens conditions Amongst the Thurans whosoever attempted a new Law must perswade it with a Halter about his neck with which he was to be hanged if he failed in shewing the necessity of it New Lawes are seldome received with intire consent and hardly observed at the first if there be not great necessity which necessity seldom appeareth but with hazard which may breed much danger before the Law be established Few Lawes make shew of much vertue and obedience yet it is more security when all Lawes necessary have been together framed and by continuance gotten strength It is better to prevent a mischiefe then to seek for a remedy after it is happened for though it be true that in corruptissima Rep. plures sunt leges yet it s true ratione signi not ratione Causae for that Lawes do not make any corruption but shew it which would be greater if it were not hindred by Law and men must be supposed as they are not as they should be that as occasions of all natures do arise so in time vices of all sâ—â—ts will sooner shew themselves then vertues C. What you have allready spoken concerning Law sufficeth I shall now intreat you for my more cleare and distinct apprehension to resolve Magistraty into the severall heads and branches thereof S. Magistracy is a power in men which boldeth all in obedience to Religion and Law C. You are againe harping on your old string the power of Magistrates in matters of Religion but I beleeve you will not now resolve me in regard you â—ave denyed me formerly S. I told you before and I tell you againe I cannot now resolve you because it is a matter of great consequence and the greatest Schollers are if I may so say to their Ne plus ultra concerning this thing but I shall â—re long take some opportunity to give you my thoughts herein I will let it passe now and proceed to the matter in hand relating to Magistrates Magistrates are of two sorts 1. Supreame who have the first place in Honour and the cheifest in power to inforce obedience that Religion and Lawes may be observed 2. Subordinate be all Magistrates that have delâ—gate power from the Supreame authority to hold men in obedience in their severall places In the supreame Magistrate is especially considered capacity of the State which is two wayes 1. By his owne understanding and experience knowing and intending what to advise in all occurrences which is almost impossible in the variety of accidents which befall in State businesse yet such we read Augustus to have beene who kept written with his own hand large remembrances of all his Legions Officers Rents Customes Allyes Leagues c. 2. By Election of advice propounded by others which appeareth in the choyce of the best Councellors and in the choice of best Councell in hard matters neither blind by weaknesse of judgement nor inclined by partiall affection for the Princes choice is the life of any advice be it never so wise If we looke into any of their falls they must have fallen not for want of fit Counsell propounded but for want of Judgement or partiall affection in the choice of that Counsell which they followed Quinec sibi potest recte consulares nec aliis bene consulentibus auscultare velit extremi est ingenij C. What are the generall Suppositions holden by the wisest Magistrates S. 1. To prevent all inconveniences in the beginning and not to think those things which severally to the vulger sort seeme little to be little being joyned together Insensible vapors do breed horrible Tempests and small grains great heaps 2. In avoiding inconveniences to have speciall regard to the manner of avoyding them In making their people obedient and quiet not to suffer them so to forget Armes that they may be a prey to their forraigne Enemies in making themselves strong against the Enemies carefully to provide against disobedience and mutining which often happeneth amongst Military people 3. Not to suffer any one part how good so ever in shew to attaine an overswaying power or dependance which cannot be brought and holden in order and obedience if opposition should happen occasio facit ambitiosis And mens powers are more certainly ruled then their wills 4. To distinguish warily offences and good deserts rewards and punishments that neither great deserts may breed Insolency or hope of impunity for future offences nor offences take away all hope of reward for future vertues 5. Especially to have men from their beginnings to be brought up to the Common-wealth in which they live Legum optimarum nulla est utilitas nisi sint qui ad Rempub. informentur 6. It is imposible in civill cases subject to such variety of times and other circumstances alwayes to finde out optimam ex bonis It is often times enough to take that which is mimimum ex malis c. In those passages there is not respect alwayes to be had to the greater part nor yet to the better part but to the whole State intirely considered Pars quicquid est totius est C. I conceive those six foregoing suppositions or Rules are peculiarly incident to the supreame Magistrate but how ought a subordinate Magistrate to be qualified S. Three things are to be considered chiefly in a subordinate Magistrate 1. That they do affectionatly love the State established 2. That they have sufficient power to execute that which is required by their Office 3. That their parts be answerable to that charge which they undertake in the Common-wealth Viz. Valour and Bounty fit for a Souldier Wisdome and Justice for a Judge Frugality and honesty for an Officer of account C. What are the accidentall differences of States S. They are two 1. Good Bad. 2. Weâ—k Strong C. How or in what respectâ— are Common-wealths said to be Good or bad S. Three wayes 1. In respect of their good or bad Lawes so the Lacedemonian Respublick was thought wanting which by Lawes permitted Theft and Adultery 2. In respect of Good or Bad Magistrates so the Lacedemonian Respublike was holden the best in that the Magistrates most strictly observed the Lawes and Customes of their Câ—untrey and the supposition of their State which was Aristocraticall and Military 3. In respect of both as all good Common-wealths whose Lawes agree with the Law of Nature and the Magistrates acting according to the Lawes C. Is the Law alwayes to be executed