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spirit_n heart_n know_v soul_n 7,408 5 4.7811 4 false
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A56187 Jus populi, or, A discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. Parker, Henry, 1604-1652. 1644 (1644) Wing P403; ESTC R13068 55,808 73

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her Subjects hearts and being possessed of her Subjects hearts she doubted not but to command both their hands and purses and what else could she want to make her truly great and glorious Next if we look upon Princes themselves they have gallant capacious and heavenly souls which know no bounds in their affections but the Community it self over which God hath placed them but they are ever narrow of heart poore of spirit and weak in judgement that prefer themselves and their own profit or rather a shadow of profit before the whole flock of God and that which is indeed reall and substantiall glory Plato supposes that Nature in the composition of common people used the courfest metall in the composition of Souldiers and the middle rank silver but in the production of chief Commanders the purest sort of gold His meaning is she infused higher and better principles where the confined to greater and nobler ends Lastly if we look upon the nature of the end it self we shall see there is not that servility in it as is supposed it differs toto genere from that preposterous end which would make whole Nations servile For if it be slavish and base to have the true good or prosperity of millions postponed to the false good and prosperity of one man sure it is directly the contrary for one man to abdicate that which has but the shew of his single benefit in comparison of that which apparently is the true benefit of millions Servility and slaverie if it be rightly defined is that odious and unnaturall condition which subjects and necessitates a man to a false end or to such an end as God and Nature in his creation never did intend him for Now this definition does not agree with that condition of a Prince which subjects and necessitates him to publick ends Let then all Princes from hence learn to renounce Machiavils ignoble fordid principles and let them industriously aspire to the true excellence and perfection of that publick divine end for which they were ordained Let them think it more glorious and better beseeming imperiall dignity to be accounted the love and delights of Mankind as Titus was then the seducers of Israel as Jeroboam was Let them zealously imitate Augustus who found Rome built of brick but left it all beautified with marble rather then Nero who consumed both brick and marble with fire and reduced all to ashes Let them follow that Prince who preferred the saving of one Subjects life before the slaughtering of a thousand enemies rather then such Princes as usually value the life of one Traytor before the peace and safety of divers Kingdoms To conclude let the publick good of their Subjects being the true end of their Royaltie assign'd both by God and Man be the measure of their actions the touchstone of their Politicks the perfection of their Laws the determination of their doubts and the pacification of all their differences We have now seen who is the Architect and what the true intent is of the Architect Let us in the third place take view of some frames and erections to gain more light from the parts and fashions thereof And first let us take notice of such Politicks as Scripture affords from Adam to Moses and next from the introduction of the Law till the Incarnation of our Saviour then let us inform our selves of that Empire under which Christianity began first to spread and lastly let us draw down to our owne times and survey our owne fabrick The first species of Power which had a being in the world for the word Power is applyed diversly was Maritall and this we conceive to be something more then meer order but not so much as Jurisdiction for these reasons First the Scripture saies the man and the woman were made one flesh or one person and they were so conjoyned in their interests that the love of son and father was not so strong as this conjugall tye This makes a coercive power improper when man is to use it upon his own members for man is not said justly to have any jurisdiction over his own parts or members t is a kind of solo●cisme in nature Vbi tu Caius ibi ego Caia so said the old Roman law and God in the fifth Commandement allowes the same degree of honour to the mother as to the father Secondly If the Husband have such a coercive power it is so arbitrary that he may proceed to what degree of rigour he pleases even to death it selfe for as hee hath no law to bound him so hee hath no equallito controll him nay he is not Judge only but informer witnesse and executioner also and nothing can bee more extreame and rigid then this Thirdly The wife admitting such a Jurisdiction of the husband if in all cases remedilesse and destitute of appeale though there bee more bonds of duty and awe to restraine her from being injurious disobedient and unnaturall to her husband then to withhold her husband from abasing his authority and this ought rather to exempt her then him yet in this case for him there is no controll and for her there is no redresse Fourthly There is no mention precept or precedent in Scripture to countenance any coertion of this nature unlesse we will call that of divorce and repudiation so and that also seemes discountenanced by our Saviour except in case of Adultery Fifthly We see in all nations the power of Husbands is regulated by the publick civill power which if it were from nature before Civill power it could not justly be repealed nor merit to bee altered Contra jus naturale non valet dispositio humana When Vashti the Emperesse would not submit to the command of him who was both her Husband and Prince a law was made to punish that contempt and the like offences and till that law was made it was not thought fit that the Jurisdiction either or husband or Prince should be exercised against her T is sufficient therefore that Nature teaches wives to look upon their husbands interests as their own and their persons as themselves and to acknowledge them their Lords as God has indued them with more majestie strength and noble parts and to be submisse as they were created of and for men and if then Nature prevails not recourse must be had to an impartiall Judicature where either party may be indifferently heard for there is no more justice intended to the one then to the other nor can injustice be more feared from the one then the other So much concerning Maritall power and to shew that nothing can be rightly extracted out of it for the licensing of arbitrary rule in the State Wherefore I passe to Paternall power The second species of Power which succeeded in the world was that which Parents have over their children and this also we conceive to exceed meer Order but not to equall Jurisdiction or at least absolute Jurisdiction for these reasons First because t