Selected quad for the lemma: spirit_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
spirit_n	age_n	year_n	youth_n	286	3	8.0905	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33531	English-law, or, A summary survey of the houshold of God on earth and that both before and under the law, and that both of Moses and the Lord Jesus : historically opening the purity and apostacy of believers in the successions of ages, to this present : together with an essay of Christian government under the regiment of our Lord and King, the one immortal, invisible, infinite, eternal, universal prince, the Prince of Peace, Emmanuel.	Cock, Charles George.	1651 (1651)	Wing C4789; ESTC R37185	322,702	228

justly and how to be chosen Qualifications necessary in Judges who are to be their Electors Judges Duties and Defaults how to be punished and in them concerning all Officers of Trust IUdges in all their degrees are in the heights of Civil Trusts they are the Pillars indeed of the Commonwealth their general Duties are three First to enact good Laws and just Secondly to see them duly executed Thirdly to alter them according to necessity All these belongs properly and more immediately to the supream Magistrate but secondarily and within limits and according to power all ought to act like the wheels in a Watch the one ought to move the other but the first mover hath the special trust for all move right or wrong as they do Now though the Judges be of several sorts yet all of them in some qualifications hold a Rule of proportion As first they ought really to be fit for the work to which they are entrusted But this intimates plainly that the higher the trust the more exactness is required and the greater strictness upon legal enquiry ought to be used in their both choyce and approbation To settle humane things in a humane way perfectly it is an error to conceive or attempt But to aime at the greatest height of perfection possible is a duty therefore in the first place all in places of eminent trust ought to be of full and fit age first of full age which is commonly reputed not under one and twenty years for though a ripe wit may in the inventive part in quickness of apprehension and vivacity of spirit outgo another yet in the disquisition of parts and setling the most convenient upon a sure judgement to which experience is requisite more years suit best and are most approvable Now as too few years are light neglective and subject to rashness so also too many years are froward heavy and subject to wilfulness Therefore the best rule is for a wise Commonwealth to fix an age before which and after which no one shall be capable no not with a non obstante of such trusts Our Law however practized and especially in the supream trusts holds forth such a Rule he that is not thought meet to rule himself cannot be allowed to govern another and if he cannot rule according to Law how unfit is he to be a promulgator of Law And the best way is to make such choyces absolutely void For the excess of Age sixty is accounted a time to cease Arms and betake to prayers I prescribe not but cannot finde a fitter Nature may often shorten She seldome lengthens that date with that Activity which is requisite in all such places Having done with the age the next Qualification is ability not of the body so much as of the mind The ignorance of the Judge may be the ruine of the innocent therefore it is not sufficient that a man hath been Trained up in the profession nor hath been a Reader no not if he spent one thousand pound in the Kitchin but he ought to be wise among wise men who is to rule fools then so much more if he be to rule wise men also who may offend and prudence may reclaim when power is contemned The next Qualification is he must be free from all possible obligations to injustice in any kind therefore it was unjust in the King to seek such a dependance upon his meer will from the Judges that they might thereby be drawn from the streight path of Justice And it is the same in all other supreams It is truth there is an upright man whom no temptation can mislead but we are to provide against errors vertue needs no curb the just man is a Law to himself Now it is known Dependance is various in its workings according to the nature of the man depending for a timerous nature may servilely do the Princes Will without any regard either to honor or reward but few ingenuous spirits are of that muddy temper the great Misleaders are Pride or Ambition Revenge or Anger Coveteousness or desire of Gain Now there are to be Qualifications requisite in every Judge against these for these misleadings vices or any of them will otherwise turn the publike Ax against the private Enemy there is therefore great care to be taken at all times in all choice of men to places of Trust but especially in times of the shakings of Nations for then the wise man must save the City how unthought of how poor soever Now to prevent these the wisdom of former Ages and Nations have all appointed a set and bountiful allowance for all Judges which stirs up able and active spirits to eminency of vertue which can be never extraordinary in a meer letter Law where each Case particularly must have its examplar All Nations heretofore agreed punishments for Judges and all in the most excellent trusts not onely useful but of necessity some went so far through the fear of Tyranny and Oppression by men of eminent parts that extraordinary abilities were obscured for the complaint admitted no Trial Banishment must ensue after-times tempered this Laconicism finding it was the laying open the State to many Tyrants and Tyrannies to prevent one that the thing it self was the greatest Tyrannie of all This last Age went about by all means to explode any question of Judges nay the Officers of Courts were so friended that there was no seeking Justice against them but of this more after In all Judicial places this is fit That the Judge have his Salary set his publike Fee from the Prince or State now in this one word to this purpose viz. The Judge receiving this Fee from the State this is a publike Fee wherein each Subject hath his portion and the duty of the Judge in it is equally to care for the interest of both Prince and People or Subject for the end and respect of Justice is not personal but universal for the qualification of not Covetous it is of necessity in a Iudge therefore as before he is to have a due Salary so he is not to take ought above his Salary at least as a Fee There is much scandal at this day in Christian Commonwealths concerning Bribery In Turky it were no wonder though till corruption through prosperity ushered in the way it was a wonder and a strange one among them but that with them assures their fall near for this is like a deadly sore which if in the Judges infects the heart at least the prime vital parts of the Commonwealth and then sure death must follow Thefore it is requisite to have this wound searched to the bottome Some for this case have been so strict that they would not admir a Judge to hold familiarity with a father or a brother Some not to take a meale nor any gift though never so small others have particularly set down what they may take and that may do well if they peremptorily conclude that all not expressed is included in the

riches and honor were but subservient to Natures ends but this strictness now accounted though the Magistrate might exact it where it could be or punish its neglect Yet assuredly to inforce it in this our Age were to debilitate and enervate the Nation for our rich people are generally so luxurious that if the weakness of the decaied stifled generative vertue choaked with excess were not opened again to operate more acutely through another kind of nutriment in the poor Nurse they would all prove Changlings to old English Valour though in such a soul the splendors of Christianity may be as excellent as in the strongest fairest and healthiest constitution This I hint onely to intimate at least to Professors what a duty is upon them to repress these excesses which are so ruinous to Nature and ought to be punished Natural men have out-gone most Modern Christians in these vertues My aim is at the manner not so much of educating babes or so called children as youth that is from seven years to eighteeen at least if not one and twenty or better five and twenty Now to this end I suppose that it is the duty of the Magistrate to Erect and Authorize at least in the head-Town of every County Schools of Vertue that is fitted with Masters to teach and instruct the youth according to their Ages and Capacities in Arts and Arms I mean by Arts Trades of all sorts and learning of all sorts atcording to Rule This provided that it is not intended that all children should contiue meerly learners till five and twenty and it is supposed that the present values rents and profits of and belonging to Inns of Court and Chancery Universities and Schools will serve for this work however so far that the defect may easily be supplied But that they should not be accounted men till that age nor to manage their own affairs much less of the Commonwealth but be under Guardianship And by Arms I mean all the exercises of the body whereby strength and agility shall be increased courage raised and yet being under a Tutor obedience nourished and Prudence established for these Academies or Schools it is requisite to have their Rules grave and strict but not ridiculous not such as flat Caps after so long disused nor Cappings of so called Fellows as was in Colledges though the rain pour down but to order such due respect as breeds an aw with love wherein there must be necessary severity not rigid peevish Tyranny the aw must express it self in a due silence as well as active diligence for the expence of spirits is great in clamorous nay talkative youth and sure would quick and ripe wits not vent so fast their store would last longer this makes many pregnant young men to be old dotards Let these have discreet Visitors or Superintendents who once every moneth shall come and view the progresses of the several years and a penalty set and that seriously this due training of youth will enable them to rule in season the want of knowing due obedience in Education renders most men unfit to govern by this means the natural abilities of all men will be tried and the vertuous eyed as fit for high imployments the care of Parents will be quieted while their children are so nigh as once in a week they may easily hear of their health and sickness and the nighness to the Parents will aw the child from such extravagancies as youth is subject to at all times but most when they are far from them whom Nature teaches to fear by degrees The habits of these Students I inforce not that they be all alike but that none be trimmed with Velvet Lace Points Ribonds or such fooleries none to wear long Hair Rings Scarfes Fringes Roses Weapon or Boots and that due and civil respects be observed among themselves according to their degrees but no fancies of Custom to be allowed as Salting Mustarding or any such lightnesses nor any trials of Wit or Strength but in the presence of a Master Thus shall both poor and rich be fitted to the service of the Commonwealth idleness will be banished and ignorance despised for all that were capable should to these Schools for a time till dismissed to Trades for necessary living by the Visitors or Superintendents for prayers among them early and late it is necessary but let the hours be apportioned for Study and Exercise and let each day be Catachistical to the knowledge of Christian Doctrine as Moral or Civil conversation But you must admit no Colledge-School or Academy to have any Priviledges of separate Jurisdiction as now or formerly they are but the inciters to Debauchery and Riot with great emulation and disturbance of the Peace The Magistrate must command Let no door be free from the knock of the Consuls Ax it will make some heady one or other at some time or other to lay the foundations of chusing Tribunes of the people Let onely their obedience to the Law be their priviledge and security onely let the Tutors be free from personal service in War or other service in Peace but for payments let them be charged upon him according to his Rate Let the books of Learning be publikely appointed by the Magistrate not at the Tutors will let not all be inforced to Latin but each to Read and Write in some measure Let times of rising be set down and also going to bed and some certain times wherein the children may recreate but by parcels not all at once which now is case of great confusion rudeness and disturbance Let the Masters interchangeably have times of respit for extraordinary occasions This will speedily give a large increase for knowledge which will make that your Magistrates in all places may be men of knowledge which will embellish the Commonwealth whereas now most Cities Towns yea I may say Counties are despised in Government for default of prudent knowing men A long Robe-man or two guide all and in this Age of interest and these mens interests so visible as aforesaid all is let run to confusion And by this will also the several Congregations be fitted with able knowing Pastors and Teachers yea honest vertuous emulation in ingenuous spirits will render almost every Member a Doctor This is seemingly a matter of great charge therefore before I proceed I will see how charges are to be born raised c. And the relief of Commonwealths in excessive burthens of people How all the Charges of the Commonwealth Fees and Fines c. are to be Assessed and raised and by what Rule And the wayes to ease Nations when grown over-numerous I Know that many will say this is good in Speculation but the Practise is difficult yea some will say impossible for you cannot get all men of one mind to it others that it is against Priviledge to inforce children from the Parents Tuition who being Guardians by Nature the Law will not may not admit any Rule to bar his Right Others