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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nature_n	command_v	law_n	moral_a	2,685	5	9.4604	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52748	The case of the Common-wealth of England stated, or, The equity, utility, and necessity of a submission to the present government cleared out of monuments both sacred and civill, against all the scruples and pretences of the opposite parties, viz. royallists, Scots, Presbyterians, Levellers : wherein is discovered severally the vanity of their designes, together with the improbability of their successe and inconveniences which must follow (should either of them take effect) to the extreme prejudice of the nation : two parts : with a discourse of the excellencie of a free-state above a kingly-government / by Marchamont Nedham, Gent.	Nedham, Marchamont, 1620-1678.	1650 (1650)	Wing N377; ESTC R36610	87,941	112

Christian Common-wealth there is no danger of Damnation from simple Obedience to human Laws For in that the Soveraign alloweth Christianity no man is compelled to renounce that Faith which is enough for his Salvation that is to say the Fundamentall Points And for other Points seeing they are not necessary to Salvation if we conform our actions to the Laws we do not only what we are allowed but also what we are commanded by the Law of Nature which is the moral Law taught by our Saviour himself And it is part of that Obedience which must concur to our Salvation Sect. 12. And though it be true that whatsoever a man doth against his Conscience is sin yet the Obedience in these Cases is neither sin nor against the Conscience For the Conscience being nothing else but a mans setled Judgement and Opinion when his Right of Judging is once transferred to another that which shall be commanded is no lesse his Judgment than the Judgment of that other So that in obedience to Laws a man doth still according to his own Conscience but not his private Conscience And whatsoever is done contrary to private Conscience is then a sin when the Laws have left him to his own Liberty and never else These things together with the whole Treatise I once again recommend to all Non-Subscribers whether Royall or Presbyterian God give them impartiall hearts to weigh the Particulars Rode caper vitem tamen hîc cùm stabis ad Aras In tua quod fundi Cornua possit erit FINIS Ecclesiastes cap. 1. * Continua est rebus generatio corruptio Arist. de gen. corr. lib. 12. cap 10. 3 Annal. Certis eunt cuncta Temporibus Nasci debent crescere extingui Senec. consol. ad Hel. Numina rebus Crescendi posucre modum Lucan Cic. de divin. Num●ri fatales vel periodi Plat. Prudent lib. post in Sym. Ovid Ovid Metam De Fato vide Lips polit. l. 1. c. 4. l. 6. c. 2. in uotis ad lib. 1. polit. cap. 4. ●lapmar 124. Vide Richter ax●om pol. à pag. 1. usque ad 50. Sence 2. Nat. quae● Epist. 92. Besold 309. * Peucerus de divinat gen. fol. m. 30. Gregor. Richter ax●om polit. 1 Occonom 5. ●cum●multis aliis Herod Isocr Symm Idem Numerus quingentesimus est fatalis Ultra quingentos annos non durant Regna ut estēdunt historiae omnium Temporum Peucer in lect. Chron. Ann. 70. 1569. Illud est abantiquissimâ memoriâ proditum Civitates omnes Anno quingentesimo converti aut everti Bodin l. 4. de Repub. c. 2. East periodus fatalis regnorum Rerumpublicarum plerumque congruat ad Annos quingentos tamen multa regna circa medium b●sas●Periodi defecerunt Strigel u Reg. 1● Peucer de Devin. p. 20. * Hoc est anno ab V. C. 244. V. P. Greg. Lib. 21. de repub. cap. 5. Greg. right in Axiom pol. Annus 100. est fatalis principibus Familiis Matthias Christianus in specul. 171. vide Mich. in Axio Occ. 23. The Empire hath been usually translated from Family to Family at the end of the one hundreth year Ibid. Centesimas periodos fatales esse regnis regiis Stirpibus ostendunt historiarum monumenta Peu in orat de miraculosa 〈◊〉 * Irriti sun● conatus humani Vide Richter 684. * Nulla vis bumana vel virtus incruisse unquam potuit ut quod praescripsit fatalis ordo non fiat Ammian lib. 23. Vide Peterium supra Genesin Gen cap. 10. Vide Justinum alios Veluti è specula quadam libertati omnium insidiatus dum contentiones civitatum alit auxilium inferioribus ferendo victos pariter victorésque subire regiam scrvitutem coegit Just l. 8. Gen. 48. v. 22. 1 Kings 12. 24 1 Kings 15. 27 Cap. 16. 2 Chron. ● 36. Ver. 13. Vide Anto. Nebrissensem de bello Navarriensi Vide Autorem Lusitaniae liberatae Covaruv pr. Quae●t 1. Ut pat●● ex aurea Bullá C●roli IV. c. 17. See Instrumentum Pacis Feuda Germanica praecipuè dignitatum illustrium ex provisione Legis fundamentalis consuctudine perpetuae observantia ita ad Liberos Agnatos pertinent ut nec crimine lasae Majestatis confiscari nec bollo justo in praejudicium Liberorum amitti possi●t Ut aiunt J. C. Germani See Instrument Pacis Plenum Regnum est in Florentino Ducatu quale plerumqne subsequitur Armis oppressam Libertatem Besold in Synopsi c. 4. Nic. Mach. de Principe c. 11. * Ad mucronem gladii sui appellavit Girard l. 21. Pasquier 5. c. 7. † Jactitare so●ebat suâ potissimùm operâ effectum fuisse ut Regnum Gallicanum quasi ex Tutelâ ad plenam Pubertatem fuerit redactum Besold in Synops c. 4. Lehmann 2. cap. 4. Senatus Parisiensis in Judicum curiam transmutatus Besold See Malvezzi in the Events of the Spanish Monarchy Caesar in Comment See the English Chron. Histor. Norman * Norman ille Spurius Guil●●lmus dictus Anglicanum Regnum vi occupavit Legesque tulit nullas accepit Besoldus in Synopsi l. 1. c. 4. See the Chronicles Vide Grotium de jure B●lli l. 3. c. ●5 Bello ut alia acquiri pessunt ita jue Imperantis c. Horat. De Iure Belli lib. 3. cap. 20. 3 Polit. cap. 4. 1 Polit. c. 2. l. 2. c. 4. 6. A●ist 1. Polit. cap. 5. Bellarm de Laicis c. 5. Molina de Jure Just Tract. 2. dist. 26. Judicium sibi privatus sumere non debet sed possessioenem sequi lib. 1. c. 4. Respectu prima ●ausa ●muia Imperia legitima esse concedo sed si quaeras de causis intermediis c. Rom. 13. Tract. de Majest cap. 1. De Regalibus c. 3. num 307. * Necessitas summa reducitres ad merum Ius naturae Grotius de Jure belli l. 2 c. 6 Grotius inter Pr●legomena de Jure Belli Grotius ibid. Nic. Mach. de Principe c. 6. See Grotius ib. Vim Iusque parilis copulans vin●li Iugo Grot. lib. 1. c. 4. * Iure Belli Eventus belli velut aequus judex unde Ius stabat victoriam dedit Livius 21. † Si qui jure suo uti non possunt coru● jus accrescit praesentibus Grotius de Iure Belli l ● c. 5. Majestatem realem durare constat quamdiu vel vi maj●re vel omnium quorum interest consensunon mutatur Besold de Majest. cap. 1. Dicitur verò summa qui● non alium nisi Deum gladium recognoscit atque ideò suae Origini● quasi Author existit c. Arnisaeus de Majest. c. 1. Bello ut alia acquiripossunt it a Jus imperantis in Populum Ju● quod in Imperio habet ipse Populus Grot. de Jure belli l. 3. c. 15. * Lib. de legib. 3. cap. 10. In Tract at de Legatis Sanders de Jura Praelect. 2.

Blood of Leoline and his Brother David the last of the Welch Princes Next Edward the second was forced by Armes to surrender his Right to his Sonne Edward the third whose Grand-child Richard the second was in like manner by force of Armes deprived by Henry of Lancaster whose Sonne Henry the fifth made good not onely that Title but craved out a new one with his Sword to the Crown of France in defiance of the Salick Constitution and left it so confirmed unto his Sonne Henry the sixth that he was Crowned King of France at Paris and so continued till Fortune turning his Title was Cancell'd there by the Sword of the French as it was likewise in England by that of Edward the fourth whose Sonne Edward the fifth left the Crown in the bloody hands of Richard the third from whence it was wrested by Henry the seventh This Henry from whom the late King derived his Claime came in with an Army and as one hath well observed by meer Power was made King in the Army and by the Army so that in the very Field where he got the Victory the Crown was set upon his Head and there he gave Knighthood to many of his Commanders Upon this Foundation of Military Power he got himself afterwards solemnly Crowned at Westminster And soon after upon Authority thus gotten he called a Parliament and in that Parliament was the Crown entailed upon him and his Heirs Thus both his Crown and his Parliament were founded upon Power As for any just Title he could have none for he descended from a Bastard of John of Gaunt which though legitimated for common Inheritances yet expresly was excluded from Succession to the Crown And for his Wives Title that came in after his Kingship and his Parliament which had setled the Crown before upon him and his Heirs And he was so far from exercising authority in her Right that her Name is not used in any Laws as Queen Mary's was both before and after her Marriage with the Spanish King Now having made it evident out of the Histories of all Times our own and other Nations that the Power of the Sword ever hath been the Foundation of Titles to Government it is as clear likewise out of the same Histories that the People never presumed to spurne at those Powers but for publique Peace and quiet paid a patient submission to them under their various Revolutions But it were vain to raise more dust out of the Cobwebs of Antiquity in so limpid a Case confirmed by the Practises of all Nations Look nearer our own Times into the warres of Germany and those betwixt the French and Spanish of late Time in Catalonia and Flanders one while you might have seen the same Town uuder the Power of the Emperour another while under the Swede this year under the French the next under the Spaniard and upon every new alteration without scruple paying a new Allegiance and Submission and never so much as blamed for it by the Divines of their own or any other Nation Moreover none can deny but that as Henry the seventh and the rest before mentioned came into this Kingdome by meer Power without Title of inheritance so the whole Body of this Nation as one observes swore Fealty and Allegiance to them and obeyed them whilst they ruled yea doth yeeld subjection to those Laws until this very day And the learned in the Laws do continually plead judge justifie and condemn according to those Laws So that herein the very voice of the Nation with one consent seems to speak aloud That those whose Title is supposed unlawfull and founded meerly upon Force yet being possessed of Authority may lawfully be obeyed Nor may they onely but they must else by the Judgement of Civilians such as refuse may be punished as seditious and Trayterous the Victors being ever allowed Jure gentium to use all means for securing what they have gotten and to exercise a right of Dominion over the Conquer'd Party Whosoever therefore shall refuse Submission to an established Government upon pretence of Conscience in regard of former Allegiances Oaths and Covenants or upon su●position that it is by the Sword unlawfully erected deserves none but the Character of peevish and a man obstinate against the Reason and Custome of the whole world Let his pretence be what it will Resistance in the eye of the Law of Nations is Treason and if he will needs perish in the Flames of his own phren'tick Zeal he can at the best be reckoned but the Mad-mans Saint and the Fool's Martyr Nescio an Anticyram ratio illi destinet omnem CHAP. III. That Non-submission to Government justly deprives Men of the benefit of its Protection IF at any time it seem good to the wise disposer of States and Kingdoms who puts down one and sets up another to permit the expulsion of such as were formerly in possession and admit others in their places it cannot in reason be expected that those which refuse obedience to their Authority shall receive the Benefit of Protection and that for severall considerations First because Protection implyes a Return of obedience and Friendship from the persons protected to those that protect them otherwise they put themselves into the condition of Enemies and by the Law of Nations which indulges a liberty unto all that are in power to provide for their own security they may be handled as Publique Enemies and Out-lawes wherefore in this Case so little of protection is due to them that they may be punished as Traitors by some shamefull Execution And it appears out of Grotius in case of Non-submission to new Lords after a Victory the Throats of every Re●user are wholly at their mercy and all this De Jure Secondly there being a necessity of some Government at all times for the maintenance of Civill conversation and to avoid Confusion therefore such as will not submit because they cannot have such a Governour as themselves like are in some sense meer Anarchists and destroy the two main ends of all Civill Communion The first whereof Aristotle sets down to be Publique Safety in relation whereunto each Member of the Commonwealth is concerned to have a care of the whole The second is Publique Equity for the Administration of Justice encouragement of Vertue and punishment of Vice without which it 's impossible to enjoy Peace or Happinesse Where this humour reignes there those two can never be secured nor any politicall ●●taxi● good Order or Tranquillity maintained which is the very Soul of Government forasmuch as say the Civilians the essence of a Common-weal consists Ratione Imperandi parendi in Imperii Subjectionis rectâ ordinatione in a due course of Commanding and Obeying Rule and Subjection From whence say they we may conclude Regere Subjici that Rule and Su●bjection are founded upon the Law both of God and Nature and they must needs be Transgressors against