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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A77918 Power juridicent, and juritenent: or, power of law-making, and law-administering, discussed; and humbly presented to the Parliament of England; By William Ball Esq. Ball, William. 1650 (1650) Wing B593; Thomason E612_18; ESTC R206497 3,070 8

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Power JURIDICENT and JURITENENT OR Power of Law-making and Law-administring DISCUSSED And Humbly Presented to the PARLIAMENT OF ENGLAND By WILLIAM BALL Esq Printed by H. T. 1650. Power Iuridicent and Iuritenent c. TEmporall Power or Dominion is eyther Naturall or Nationall Naturall as that of Parents over their Children for their education and preservation for God hath ordayned Parents not only Temporary instruments of B●ing but also of well-being in which Office they ought to imitate the Heavenly spirits amongst whom the superior illuminate by Intellectuall communication * the inferior in Verbo mentis Degree with perpetuall Amity not with Rigour and severity as it is probable the Divels doe domineer one over the other for our Saviour saith they have a A note for Rulers Kingdome Nationall Power is that which after the fall of Man God by his fore knowledge and providence for the Rule of worldly affayres preordayned and ordered to be changed according to place time and circumstances c. This Nationall power is either Rationall or Imperiall Rationall as when a People or Province of self-accord * agree to have such Lawes and Rules as they conceive In this is included the Magisteriall Power of Masters over Apprent●ces and servants convenient for their Good and Preservation to be administred by one or more Such was the ordinary Government of the Jews sometime by Princes or rather Elders of the People sometime by Judges sometime by Kings sometime by a great Councell or Sanhedrim somewhat resembling the State of Venice sometime by Dukes or Chiefetains and such was and is to this day the severall Government of the Nations whom God admitteth to make use of ordinary meanes however determined hy his Divine will for their Politicke and Civill welfare so God admitted the Romans to change their Government from Kings to Consuls to Triumviri Decemviri and the like too tedious it were to instance the severall Presidents both ancient and moderne which History and the Records of Nations abundantly manifest Power Imperiall is that which many times is induced upon a Nation partly by force and partly by Acceptation or Condition As when a People or Province being invaded and in part actually overcome or otherwise in great danger to bee enslaved by a conquering Enemy doe submit themselves to his yoak upon such conditions as their exigency and necessity will admit so did the Jewes and many other Provinces submit themselves to the Romans amongst other Nations the English to William Duke of Normandy afterwards called the Conqueror This Power Imperiall is called Legall for that it is comprehended by certaine Lawes or Rules compacts and conditions under this Imperiall or Legall Power doe all Nations Christian or the major part live albeit some in better some in worse conditions of servitude for the Polack Nobility are masters over their Kings and the French Kings are masters I will not say Tyrants over their Peasant subjects in our Country of England heertofore Kings had the highest power Juritenen● or Law-administring and a partiall Power Juridicent or Law-speaking for the Requests and desires of the Commons were heeretofore by Kings ratified or consummate Notwithstanding the House of Commons being the Peoples Representatives were the chiefe Juridicent or Law-speaking Power for our Kings were tied by Oath to propagate and conserve Justas Leges consuetudines quas vulgus elegerit the just Lawes and customes which the People may or can chuse heerafter The Verb must needs bee construed in the Potentiall mood not in the Optative nor Subjunctive because there is neither Adverb nor Conjunction and in the Potentiall mood it must needs be construed in the Future tense otherwise it were against Reason that any King should swear to conserve Res indefinitas quondam in potentia praeterita viz. the just Laws which the People might have chosen would have chosen should have chosen or ought to have chosen every Oath in nature of compact or condition ought to be de Re determinabili of a thing Determinable not of a thing indeterminable never in Act nor producible into Act the People being not able to chuse their choice being past if elegerit bee taken in the preterperfect tense nor the King able to conserve what they might have chosen they omitting to chuse it In other things concerning this subject in my Answer to Mr. David Jenkins his Tenents I have sufficiently cleared all doubts as I suppose in that no Answer or Replication is made to me by any and also made it appeare at what time there was a King that salus Populi not Majestas Imperii was the ultimate object and end of Government and that the People their Representatives or Trustees are and ought to bee Judges of the Lawes Jure primitivo or primario for confirmation of this last and the Peoples interest I now further argue First The Power Juridicent or Law-speaking must chiefly reside in the Power Active which formerly tied and obliged by Oath not in the Power Passive which was tied and obliged by Oath The People are the Power Active which formerly tied and obliged by Oath our Kings to conserve the just Laws c which the People may heerafter chuse Therefore the Power Juridicent or Lawspeaking must chiefly reside in the People their Representatives or Trustees The major or precedent is manifest in Reason Law betweene Covenanter and Covenantee the minor or subsequent is evident by the words of the Oath Secondly Power Juritenent or Law-administering is ordered to the Power Juridicent or Law-speaking as the meanes to the end the lesse noble to the more noble for all Ministers of Law from the highest to the lowest are intended onely for conservation of Law and Rule but the Power Juridicent or Law-speaking ordereth the Power Juritenent or Law-administering as the cause the meanes the more noble the lesse noble for all Law-speaking intendeth Law-administering for its owne conservation as aforesayd Wherefore I can not but marvell that some Divines by alleadging some Texts of Scripture appropriated to Kings as they were Monarchs without qualification or tye by Oath to the people not one Text of Scripture mentions that the Kings of Juda or Israel tooke or were obliged to take an Oath to the People should perswade this People or Nation of England that they were and ought to bee wholly devoted to the will and pleasure of their Kings and that in no case they might withstand or oppose their Commands though destructive to their Fundamentall and Primitive Rights Such men should first consider the nature and difference of Kings for some Kings either by the Peoples admission or by usurpation had a domineering or the highest power in civill or mundane affaires both Juridicent or Law-speaking and Juritenent or Law-administering but the Kings of England had no such for they could make no Law at any time without the consent of the Peoples Representatives c. and even in their Juritenent or Law-administering Power they were restrained and limited and their proceedings were questionable by Parliament And whereas some alleadge that Kings writ and doe write themselves Kings Dei gratia c. And from thence they would infer that Kings are as it were specially appoynted by God himselfe and no way intrusted by the People or tyed or obliged to them such men are heerein greatly mistaken for the reason why Christian Kings and Potentates write Dei gratia c. Is or should bee to shew their humility and thankes towards God to acknowledge him the Authour according to the Text By mee Kings raigne by his free gift of their Dignity and Power whether more or lesse qualified and limited and that they should not arrogantly attribute their Dominion to themselves as either causers or otherwise sole deservers of it as did Nabucadonezer saying Is not this Babylon c. As also Sapores the proud Persian with divers others so doe some of the Asian and African Monarchs or rather Tyrants at this day Thirdly where the Power Juritenent or Law-administering being the lesse noble shall become destructive de facto by irregular exorbitancy or willfull defect to the Power Juridicent or Law-speaking being the more noble there the Power Juridicent may determine the Power Juritenent and constitute and apply such other meanes as shall seeme convenient for selfe-preservation that being the very end of all Regulated Government If it bee sayd that sometime the Power Juridicent the People their Representatives or Trustees hath erred and may erre in constituting and applying meanes for selfe-preservation It may sometime be so I grant it but as beyond the highest Heaven there is no Mathematicall or farther Dimension so beyond a Nationall Of Government generally ad●itted by the Nation constitution of Government there ought to bee no farther Progression Politicall or farther Progresse but all men of the same Nation ought therein to acquiesce I shall conclude with this Supra Regis Diadema Gentis salus Lex Suprema Quin Parlamenti status Est saluti Gentis datus Et à Gente fic creatus WILLIAM BALL FINIS