Selected quad for the lemma: prince_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
prince_n	king_n	law_n	prerogative_n	2,294	5	10.0658	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42235	The proceedings of the present Parliament justified by the opinion of the most judicious and learned Hvgo Grotivs, with considerations thereupon written for the satisfaction of some of the reverend clergy who yet seem to labour under some scruples concerning the original right of kings, their abdication of empire, and the peoples inseparable right of resistance, deposing, and of disposing and settling of the succession to the crown / by A lover of the peace of his country.	Grotius, Hugo, 1583-1645.; Grotius, Hugo, 1583-1645. De jure belli et pacis.	1689 (1689)	Wing G2124; ESTC R17553	9,269	34

fundamental Law of Nature and Reason is the Opinion of those Divines who hold all Kings to be Jure divino and consequently their Power absolute so also of those common Lawyers who would justifie that all Concessions made by the Prince to his People in diminution of his Prerogative Royal tho dangerous and destructive are void and revokeable Ib. Lib. 1. Ch. 4. Sect. 7. N. 3. Notandum est primo homines non Dei praecepto sed sponte adductos experimento infirmitatis familiarum segregum adversus violentiam in societatem civilem coiisse unde Ortum habet Potestas Civilis quam ideo Humanam Ordinationem Petrus vocat quanquam alibi Divina Ordinatio vocatur quia hominum salubre institutum Deus probavit Deus autem humanam legem probans censetur probare ut humanam humano more 'T is to be observ'd That Men did not originally unite into civil Communities by any Command from God but voluntarily and from the experience they had that separate Families were alone unable to resist any foreign Force From hence grew Civil Power which Peter therefore calls an Humane Ordinance tho elsewhere it is called a Divine Ordinance because God did approve thereof as suitable and convenient for the good of Mankind but when God approves of an Humane Law he must be suppos'd to do it as humane and after an humane manner In this Paragraph our Author traces a lawful Empire to its Originals he finds it then to reside in the People and derives it together with the reasons thereof from Them to such Person or Persons in whom it is by their Act and Sanction plac'd and confirm'd Ib. Lib. 1. Cap. 4. Sect. 7. N. 2. Ferri enim leges ab hominibus solent debent cum sensu humanae imbecillitatis Haec autem Lex de quâ agimus pendere videtur à voluntate eorum qui se primum in societatem civilem consociant à quibus jus porro ad imperantes manat Hi vero si interrogarentur an velint omnibus hoc onus imponere ut mori proeoptent quam ullo casu vim superiorum armis arcere nescio an velle se sint responsuri nisi forte cum hoc additamento si resisti nequeat nisi cum maxima Reipublicoe perturbatione aut exitio plurimorum innocentium quod enim tali circumstantia caritas commendaret id in legem quoque humanam deduci posse non dubito All Laws and Governments always are and ought to be establish'd by the first Legislators with respect to humane Frailty The Law we treat of viz. of Resistance in cases of inevitable necessity seems to depend upon the Intention of those who first enter'd into Civil Society from whom the Right of Governing is transferr'd to the Governor If such were ask'd Whether they intended to impose a Yoke equal to Death it self upon all who should offer to resist the Tyrannies of a superior Magistrate by force upon any account whatsoever I much doubt whether they would declare themselves in the Affirmative unless perhaps to avoid the Inconveniencies which might attend such a Storm in the State and the destruction of many Innocents for what in this case Charity would oblige may be received as a Law. Here our Author gives another touch at the Original of Empire and in effect tells us that as it first was in the power of the People to make the Laws of Government so it is absurd to think that they should not by those Laws secure themselves against the Passions and Infirmities of the Governour which they then made that thereby they might be justifiable in re-assuming their native Liberty so far as to repel by force the violence he should offer either to themselves or their Laws To this effect and more closely does Vasquius write Lib. 11. cont Illust cap. 82. n. 3. Semper licet subditis si possint in libertatem eam scilicet quae populi est se vindicare Quia quod vi partum est imperium vi possit dissolvi quod autem ex voluntate sit profectum in eo poenitere liceat mutare voluntatem Grot. de Jure Belli Lib. 1. Cap. 4. Sect. 13. Si Rex partem habet summi imperii partem alteram populus aut Senatus Regi in partem non suam involanti vis justa opponi potest quia eatenus Imperium non habet Quod locum habere censeo etiamsi dictum sit Belli potestatem penes Regem fore id enim de bello externo intelligendum est cum alioqui quisquis Imperii summi partem habeat non possit non jus habere eam partem tuendi Quod ubi sit potest etiam Rex sui imperii partem Belli jure amittere If the Supreme Power be divided between the King and the People he may justly be resisted by Force if he invade that part which is not his own because his Power extended not to it This I conceive must be allow'd though the King have the Power of Peace and War for this is to be understood of Foreign War. Whosoever hath any part of the Supreme Power must also necessarily have a Right to defend it and where the Government is so constituted the King himself may justly by the Right of War lose even his own part of the Empire This is plainly the Case of England where the Supreme Power is divided between the King Lords and Commons and where the King in his greatest Magnitude is always acknowledged to be Minor Vniversis It is evident then That if either of these three do break in upon the Rights and Priviledges of either of the other two Force is justifiable to repell this Invasion as for instance If any new Precept Ordinance or Command should be introduced as an obligatory Law or if any Law formerly made should be repeal'd or dispenc'd with which in effect are both the same by any one of these three Estates without the Concurrence of the other two in Parliament this is such an Invasion as Grotius here speaks of because this Power of making and repealing a Law is jointly in the King and People but in neither of them separately Now whether the erecting of an High Commission Court directly contrary to an Act of Parliament be not a virtual repealing of that Act Whether the dispensing with several other Statutes be not equivalent with the assuming of a Power to abrogate them Whether the establishing a standing Army in time of Peace be not a virtual Introduction of a new Law in it self and a Repeal of all the old ones in its Consequences and whether all these be not such an Invasion of that part of the Government which belongs to the People as will justifie Resistance let the World judge If so the Legality then of all that has been done or is farther likely to be done against such an Invader will easily appear Theodosius the Emperor often used this excellent Expression Tantum mihi licet quantum per leges