Selected quad for the lemma: nature_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nature_n	humane_a	law_n	positive_a	2,470	5	10.9031	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93123	The Kings supremacy asserted. Or A remonstrance of the Kings right against the pretended Parliament. By Robert Sheringham M.A. and Fellow of Gunvill, and Caius-Colledge in Cambridge	Sheringham, Robert, 1602-1678.	1660 (1660)	Wing S3237A; ESTC R231142	93,360	138

in his person without and above his Courts for as hath been shewed the King hath not only an extraordinary jurisdiction where cases can have remedy no where else but ordinary also above all his courts wherein he is but virtually present Bracton Sicut Dominus Papa in spiritualibus super omnibus habeat Lib. 5. cap 15. ordinariam jurisdictionem ita haber Rex in Regno suo ordinariam in temporalibus pares non habet neque superiores That in Fleta is also to be understood of the Kings ordinary jurisdiction Lib. 1. cap. 17. Potentia Rex omnes in Regno suo praecellere debet quia parem habere non debet nec multo fortius superiorem in justitia exhibenda The King ought to have a superimenent power above all the rest in his Kingdome because he ought to have no equal much lesse a superiout in exhibiting justice CHAP. VIII Divers general objections made by the Author of the Treatise of Monarchy touching the limitation and mixture of the English Monarchy and coordination of the two Houses answered The Nature of Absolute Limited and Mixed Government Explained THE Author of the Treatise of Monarchy the fuller Answerer and other Pretended Parliamentarians have invented a new form of Government to delude the People which they tell them is the Government established in England namely a mixed Monarchy consisting of three Estates independent for their authority upon one another all of them being coordinate and having several shares in the rights of Soveraignty by the fundamental lawes of the land A strange kind of Monarchie not so much as heard of until these times much lesse established in England for a Monarchy is the Government of one alone as the Etymologie of the word importeth now to say the Government of three Estates is the Government of one alone doth not sound half handsomely Other Authors have spoken of mixed Government and mixed Common-wealths but of mixed Monarchy in that sense which they do none but themselves have treated For according to the Verdict of other Authors Besol Synops polit doct lib. 1. cap. 6. when Monarchy Aristocracy and Democracy are melted and allayed together that which resulteth can take its name from none of the simple species or kinds of Government although the chief authority or primity of share belong to any one of the estates Yet if they will needs have a mixed Government to be denominated from that kind that hath predominancy they might with better reason have called their new frame a mixed Democratie this denomination besides that it is not so improper as the other Democratie implying the Government of the people but not of the people only as Monarchy doth of the Monarch alone is more agreeable to the quality and nature of their platforme for the Kings authority being so inconsiderable as they make it the people in this mixture must needs be the predominant Element The Author of the Treatise of Monarchy who seemeth to give most to the King although in terms he grants him a primity of share in the supreme powet yet in substance he would have it placed in the two Houses attributing unto them such authority as they may thereby make him deprivable at their pleasure Now although the said Treatiser seemeth to be a Poet rather then a Lawyer having many new fictions but scarcely a word of law in all his treatise yet because I cannot conveniently reduce his objections to any of the other Questions that are hereafter to be discussed I will answer them in this place But before I come to examine them that all things may be clear and better understood I will for perspicuity sake speak a word or two of the division and several kinds of Absolute Limited and Mixed Government I will begin with Absolute Government of which there be three kinds the first is Absolute both in respect of power and also in respect of the use and exercise of it In this kind of Government the Supreme Governours have perfect Absolute full and intire power and in the exercise of it are subject to no limitation made by any humane law paction or agreement but are limited ab externo by the lawes of God and nature onely being otherwise left to the free determination of their owne wills This is also called Arbitrary government not because such governours as have the free use of their power may doe what they please for their power is bounded by the lawes of God and nature and may not transgresse and goe beyond its limits but because it is not bounded by any humane positive law made to restraine and regulate it The ends of Government may be attained severall wayes in many particulars without breach of the Lawes of God and nature now when a Governour is not directed to his end in any of those particulars by humane constitution and appointment but hath an open and free passage to act which way he please his Government is Absolute and Arbitrary Amongst all the severall kindes of Government this onely is jure Divino as being more ancient then any humane law that could be made to direct it by virtue and authority whereof humane lawes were at first enacted all other sorts were introduced by the policy of men yet lawfull humane Constitutions serving to conduct power to its end making as it were a furrow for it to passe in and to contain it which otherwise is apt to overflow its bounds and to degenerate into tyranny The second is Absolute in respect of the power alone In this kind of Government the Supreme Governours have as perfect Absolute full and intire power as the former their authority have the same latitude and all the same dimensions but they are limited ab externo in the use and exercise of it either by originall and fundamentall constitution or else by lawes made afterwards by speciall grace and condescention so that although their power be perfect Absolute full and intire in all respects and able to produce all the effects of Government yet they can not put it forth and act by it according to their own free election or according to the full activity of it but must act according to those limitations made and granted by law The third is Absolute in respect of the exercise onely In this kind of Government the exercise of the supreme authority is committed for a certain time but the supreme authority it self not translated to one or more who by virtue of the said commission may exercise the power in an arbitrary manner during the time assigned them Such were the Dictators of the Romane Commonwealth who ruled as arbitrarily all the time of their Dictatorship as the most Absolute Monarchs in the world yet the supreme authority remained in the Senate And such are they who exercise Royal power in the minority of Princes whose Government is Absolute and Arbitrary There are also three kindes of Limited Government answereable to Absolute the first is Limited both in