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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	authority_n	law_n	legislative_a	2,620	5	12.4064	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56250	A political essay, or, Summary review of the kings and government of England since the Norman Conquest by W. P---y, Esq.	Pudsey, William.; Petty, William, Sir, 1623-1687.	1698 (1698)	Wing P4172; ESTC R19673	81,441	212

so the State doth not in the Alterations of them So that he is not Absolute or Independent either in his Ecclesiastical or Civil Capacity of Policy And therefore the whole Constitution and Three Estates must necessarily be call'd in on all Occasions of Change in Discipline or Innovation of Rites as well as in the alteration and repealing of other Old Laws or introducing and declaring New ones This by way of Parenthesis But I was speaking of Sir Robert Filmer's Patriarchal Power and the Extravagancies he infers from thence grounded as he pretends from Scripture Therefore I would only ask him one Question more Was there no such proper Word in the Hebrew Greek or Latin for Tyrant or Slave Pray how then came the Words and Doctrine of Non-Resistance and Passive Obedience into the Greek It must be only taken up of late by some such Authors in disgrace of Monarchical Government according to Law and to put Obedience as Legal out of countenance To bring People to submit blindly to Arbitrary Power There is the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek which signifies at least King or Prince But is there any one doubts that there has been such a thing as a Harsh Unreasonable and Unnatural Father or King It must follow then that the Obedience intended by the Apostles who wrote in Greek was only to the Laws and the Legal Exercise of them according to the Usage of their respective Places which made them Legal Or to Kings as not being a terror to the Good but only to the Evil But it would tire even Patience it self to follow these sort of Gentlemen in all their Confused By-ways Therefore to return more immediately to my Subject and to my Friend Seigneur de Montaigne whom I am not asham'd to own let the Grave and Wise say what they will for I must ever have a greater Respect for an Author who talks judiciously of Trifling Matters if they be so than for One who talks triflingly on Judicious Subjects He tells us These Great and Tedious Debates about the best Form of Society and the most Commodious Rules to bind us are Debates only proper for the Exercise of our Wits and all the Descriptions of Policies feign'd by Art are found to be ridiculous and unfit to be put in practice And in another place Not according to Opinion but in Truth and Reality The best and most Excellent Government for every Nation is that under which it is maintain'd This Montaigne says who express'd and practis'd as great Loyalty as ever any Man of Sense and Honour did and I agree with him That all Reverence and Submission is due to Kings except that of the Understanding This as a Gentleman and as a Christian he farther adds Christian Religion hath all the Marks of utmost Utility and Justice but none more manifest than the severe Injunction it lays indifferently upon all to yield absolute Obedience to the Civil Magistracy and to maintain and defend the Laws i. e. in English To submit according to Law And all Policy as well as Religion enforces Obedience to the Administrators of Right and Justice And if it be permitted to argue from Etymologies which is surer than from Examples the Grecians tell us the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies Vbi homines versantur vel potius a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod sint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 certis legibus juncti And we may assure our selves That People would not build Houses c. till the Possession and Enjoyment of them was establish'd by certain Laws But we shall never have done never come to any settlement if the Forms of Government and Laws are not admitted but suffer'd to be disputed at this time of day We are therefore to take Laws as we find them and as they stand in use and practice by a continued Establishment It can't be material therefore to look back how the Figure of our Legislative Power stood a Thousand Years ago or from a much shorter date of Time How the Form of Writs issued to the Commons was heretofore though no doubt the best Authority is with them and it is confest they were always a Constituent part of the Legislative Power as 't is idle and impertinent to say The Supreme or Legislative Power must be ever Arbitrary this is an absurd Affirmation when all Parties in a Nation agree by their Representatives to the Enaction of Laws By the Laws of God and Man Our Constitution ought now to rest in Peace in an Inviolable Establishment Kings swear as our Saviour preach'd in the Mount to the Multitude A King's Coronation-Oath must be interpreted ad Captum Populi and to ordinary Intendment That so there may be some certain Rule of Governing and true Measures of Obeying whereby the whole Community may be preserv'd in Peace and Order which is the End of all Government We in England seem to value our selves more peculiarly on the Polity of our Constitution There hath been enough said in praise of our Laws No doubt they are very good if well observ'd so good at least That I never heard that any King of England ever pretended to except against them when he was ask't the Question at his Coronation Whether he would Observe the Laws and so Good That the Subject as far as I perceive desires only the Confirmation and Continuance of them And I will be bold to say for the Honour of the English Nation and People notwithstanding the ill Name some are pleas'd to give us at home and abroad at present That there was never any War in England from the Barons War to the late Civil War setting aside the Dispute between the H. of Y. and L. but what was occasion'd and begun on Colour of the King 's imposing an Arbitrary Power over the Rights and Privileges of the People and after Complaint and Application for Redress of Grievances and Restitution of their Rights and Privileges and all other Nations have done the same where they could I speak of the beginning of Wars I do not always justify the End of them And must aver That the People of England in general have notwithstanding the Proverb which is Exotick been always Good-natur'd Subjects Easy enough to be impos'd upon and cajoled out of their Money and their Lives for the Service of the Crown And as I think so Modest that they have never assum'd as Men to stand in competition with Majesty nor have ever pretended to be so much as Kings till Kings were persuaded to think themselves more than Men Hence as you will perceive in these short following Remarks have for the most part sprung those Jealousies which divided King and People and disjointed the United Common Interest of Both. Ambitious and Designing Men have rais'd Fantoms of Powers and Laws which had being only in the Clouds at least had none amongst us And Imaginary Constructions have been put upon those which were plain and obvious The Terms of Power and Subjection

himself whether Frighted or not is not material upon which the Prince together with his Consort the next Heir Indisputable to the Crown in a full and due Representation of the whole Community and Body of the Kingdom is and are Declared and Appointed King and Queen Now let us see what we have done upon the whole matter to deserve that harsh Language of the Convocation-Book produced by Dr Sherlock Whether we have done more or so much as all other Nations have done in a Case any thing like Ours Whether we have done more than becomes Good Christians or Men of Honour And what it is that stands in our way to hinder or bar such an Attempt and Action First Setting aside at present those Texts of St. Paul and St. Peter which are the only discouraging Impediments and which have been sufficiently as I think answered and avoided by several Pens Upon the Law of Nature no Man I believe can pretend to say here is any Natural Injustice or Moral Injury done Certainly Nature and Reason prompt us to Defend Injuries and to Repel Force Nature will preserve it self in its Being No Man will say a King of England hath power of Life and Death over his Subjects We say he hath no Power other than by the Law of the Land the Moral as well as Legal Consequence must be That we may Defend our Lives against all Assaults 't is the same of Liberty and Property for there is a Meum and Tuum in all Christian Commonwealths as Archbishop Abbot said before subject only to the Laws of the Place therefore I can't defend my self or House against the King Arm'd with Legal Power as upon a Cap. Vtlagatum or upon a Duty due to him c. but I may where I am out of the compass of a Legal Prosecution If the consequence of Self-defence and Preservation be denied it 's vain trifling to talk of Laws and to value our selves upon Living in a Country where the Measures of Right are ascertain'd and the Limits of Government and Subjection the Doctrine of Passive Obedience and the Bow String will be the same if Laws are only a simple Direction for Information and not an Obligation We must owe our Lives c. at this rate to Fortune not to Justice But since the Restoration it 's said we are under another Tie not to take up Arms by the Extravagant Compliment to King Charles the II d and the Declaration pursuant to that Act. Be it so though all Laws made in Extraordinary Heats are not a regular Obligation but let them take that State-Artificial Obligation into the Bargain the King Swears too and this was not designed to let loose the King's Hands and tie the Subjects for all Obligations whether Natural or Artificial are Reciprocal and Mutual and always so taken and understood in common Intendment There can be no other Notion of Justice Natural Moral or Political and whatever Preference and Advantage is allowed to One above the Other 't is an Authority upon Supposition of Care Protection and for Order and centers in the Good of the Community And I think the Lacedemonians had a Law to Punish Parents who did not their Duty towards their Children Let us therefore take in the highest Instance of Obedience and Duty from Children to Parents No Man I suppose will pretend now that a Father may Castrate Sell or Kill a Child the Inference must be That in any Case of such open Violence a Son may Resist a Father in his own necessary Defence and Self-preservation without offering Reproach Injury or Vindictive Force So in the Case of Lunacy in a Parent or any fatal Extravagance no doubt a Son may lay Hands on a Father by way of Restraint and must take a continued Commanding Care over him in case of Relapse c. This is agreed on all hands to be the severest Tie of Obedience and therefore Kings are endeavoured to be brought within the Fifth Commandment to make our Chains the faster not in the mean time considering that they make them looser by putting an inconsistent double Duty upon us Thus we are told Religion stands positively in our way and fetters us with an Absolute Obedience to Kings without Reserve c. It seems hard that Religion should weaken our Arm in Defence of it self and force our Obedience and Submission to Laws and Absolute Power in the same breath For where there is Absolute Power there is no Law and where there are Laws there is no Absolute Power But Scripture is to be our Guide I agree it But what Authority shall I rely on Where shall I apply my self for an Interpreter 'T is manifest our own Church cannot settle me that is divided against it self Some bring Instances from the Old Testament Others tell us That is nothing to the purpose those Kings being by God's Designation c. Some tell us these Texts of St. Peter and St. Paul oblige us to Passive Obedience on peril of Damnation And Others as boldly and magisterially inform us That the New Testament gives no Rules for Submission to Forms of Government but only Rules of Justice Order and Peace That those Texts are nothing to Our purpose for the Apostles spoke to those under Heathen Emperors where Paganism was Established by a Law and that those Texts are to be only Expounded against the Jews who still believed themselves under the Divine Authority and thought they could not become the Subjects of any other Power As to the Scripture-Examples we are Taught by a very great Divine and Bishop not to rely on them and he says Those who place the Obligatory Nature of these Examples from Scripture must either produce the Moral Nature of those Examples or else a Rule binding us to follow those Examples especially when these Examples are brought to found a New positive Law Obliging all Christians Some say in general the Bible is a Miscellaneous Book where Dishonest and Time-serving Men may ever in their loose way find a Text for their purpose Sir Robert Filmer upon the Dispute of the Form of Powers for these Texts are sometimes applied to the Form and sometimes to the Quality of Power takes Power only in the Singular Number Powers in the Plural is a damnable Sin and he will have all Governments but the Patriarchal to be Illegal and Abominable but this is so Extravagant that I think none of our Divines pretend to justify him in it and therefore Others on the contrary are of Opinion That Submit to all Powers infers That all Forms of Government are admitted to be good and do not allow that Power in the Singular is to be taken restrictive and so there is no Authority if not of God and the Authorities which are of God's Institution are ordered under God Sir Robert Filmer Dr Hicks c. will have the Legislative Power to be in the King alone And the First says all Legislative Powers are Arbitrary But where is the necessity for

that And Dr Hicks says also Only the Laws of Men are God's Ordinances St. Paul speaking of Authority in general says Ordinance of God St. Peter of the particular Persons administring Authority calls it the Ordinance of Man Sir Robert Filmer upon that Render unto Cesar the things that are Cesars and unto God the things that are God's divides all between God and the King and leaves nothing to the poor Subject which doth not very well consist with our Saviour's Advice to him whom he bid Sell All that he had and give to the poor which grieved the Young Man for he had Great possessions It seems by this our Saviour implies the Subject had Property otherwise he could not have Sold it Thus they make their own Idol We see then by the better Opinions of Divines and Learned Men all Forms of Power are Authentick with respect to the Laws and Constitutions of Places and submit to all Powers imports only Obedience according to Law the Ordinance of Man To render unto Cesar c. implies certainly that something was left in him who rendred It is not said Give all to Cesar So no Man will controvert the submitting to every ordinance with the Context for Rulers are a Terror to the Evil and not to the Good There never was any King in Israel but had some Engagement and Tye upon him Formally with God or by Covenant with Man To keep the Laws to judge righteously to seek the Good of the People c. Besides the Case of the Apostles is wonderfully different in all respects As to Property c. the Government of the Roman Emperors was Absolute taking it at worst and therefore Christians who had no Law on their side could not resist This is said by some tho' our Saviour does not seem to mean it so whereas Ours under our Kings is limited and mixt therefore not the same foundation to apply the Injunctions of Non-resistance from the Apostles As to Religion the Apostles came counter to all Laws and therefore were to submit to them Not to raise Rebellion on account of a new Religion which had no foundation in any Law And the proper Talent and Business of the Apostles was suffering for the sake of the Gospel therefore impertinent as well as prophane and wicked for them to think of resisting any Powers What is this to the maintaining a Religion established by a Law But this Construction imposed upon Us towards Passive Obedience is a Conceit against the Opinion of most Learned Men and also contrary to the Common Practise of the Christian World Grotius Selden c. understand submission to every ordinance to be to the Government and the Laws thereof And so in common construction and intendment those Texts may be taken a Direction from the Apostles to their Missionaries and Correspondents who were to travel through variety of Governments to pay all Duties and Civil Respects to Kings and Magistrates and may be satisfied with that particular application of Obedience They were enjoined not to enquire into the Fundamental Rights of Power but to take them as they found them being only Powers of this World with proper Laws for keeping Mankind in Peace and Order in general according to the Respective Customs and Constitutions I believe besides the Gospel is an Universal Instruction for Obedience to the Laws on the severest punishment of disobedience to them 'T was intended to make them good Subjects but not Slaves 'T is too much to be Passive and Martyrs by whole Nations with the Laws and Religion bleeding by our Sides Let 's look into the Customs and Usages of other Ages and Places and enquire into and examine the Principles and Opinions of Learned Divines on the Occasions of Power and the Exercise or Abuse of it If a man should consult the Histories of the first Kings of France and Spain both before and since those Nations receiv'd the Light of the Gospel and the hudled abrupt Succession besides the very odd Partnerships in Kingdoms he will find matter but of small Veneration for Titles to Crowns of Old Times whatever he may fancy is due to the Present Establishments And I doubt we should discover but a faint blind Track of Active Providence in the transferring Kingdoms as 't is call'd but only rather the Effects of a Ludicrous Fortune Suppose we should be free and tell the World we have Elected Made or Appointed call it what you will King William King of Great Britain instead of King James without the formality of Deposing or taking off his Crown or Head to make a Vacancy or without the Ens Rationis of a Vacancy it would be no more than what may be justified by Precedents of no Bad Times in other Countries and our Own too In France the Instance of Childerick degraded and Aegidius or Gillon Master of the Roman Militia who was a Stranger but in Reputation for Probity and Wisdom Elected in his stead It is said the French according to their Ancient Rights conferr'd upon Pepin after Thierry was stripp'd of his Royalty the Sovereignty of Austrasia And afterwards Pepin his Grandson Son of Charles Martel and Father of Charlemain by a Parliament assembled was appointed King although there was One of the Marovignian Race remaining but Young Stupid and Witless And for the Honour of the Church Pope Zachary confirm'd him Upon which in another Parliament at Roymes they degraded Childerick and Elected Pepin And the Archbishop of Mentz Boniface declared to them the Validity of the Pope's Answer And after at the Assembly at Carbonnat the Austrasian Lords and Estates acknowledged Charlemain their King They might do says the History this and if he had not had That Right he had been an Usurper for the Children of Charlemain were living Hugh Capet's best if not only Title was Election For Charles Duke of Lorrain was of the Carolovinian Race and Heir but as is said of little merit In Spain the Visigoths about 1200 years since made and unmade their Kings as they pleas'd I suppose 't will not be said They were the worse Christians for being nearer the time of our Saviour and his Apostles So it was in Denmark too till they lately changed from Elective to Hereditary from a Limited to an Absolute Government and so for ought we know it may again when that Arbitrary Power hath had its full swing To look back here at home formerly it was so And I know not why we may not be permitted to go upwards as far as we please since those on t'other side think fit to go backward to Henry the Third for the beginning as they say of our Constitution Egbert the First sole Saxon King upon the Report of the Death of Britric with great speed returned out of France where during the time of his abode he had serv'd with good Commendation in the Wars under Charles the Great by means whereof his Reputation encreasing amongst his own Countrymen he was thought worthy of the