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A93718 Councel of states-policy or the rule of government, set forth. Shewing the nature of our presen [sic] government. In a dialogue between a country man and a scholler; as also the various regiments of nations, kingdomes, and Common-weales, and a lively description of the said governments, with the grounds of their rise, continuance, and fall. viz. Monarchicall. Aristocraticall. Oligarchicall. Democraticall, &c. Whereunto is added the new engagement, to be taken throughout the Common-wealth, as touching t[h]e lawfullnes of it. / By Robert Spry, of Plymouth Gent. Spry, Robert. 1650 (1650) Wing S5088; Thomason E1354_1 19,858 64

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VVho hath the power of choosing them 2 VVho are capable who are not 3 VVhat causes are in their power what not 4 By what their powers are ●nlarged or r●strained So long as the power of the S●nate of ROME availd though the people did chuse yet they did chuse their great Officers onely ex Patritiis out of those that came from the loyuc● of Senators who though they determined all matters yet there was still liberty to appeale to the p●opl● Af●erwards all were made c●p●bl● and any of the Tribune● m●ght hinder any act of the Consul or decree of the Senate JVDICIA 1 Either criminall as in cases of life and death 2 Or Civill as of personall or reall actions which concern● matters of Trespass● and Title 3 The manner of proceeding whether the Tryalls be 1 De facto only 2 De Iur● only 3 De Iur● de facto together C. There are five Maxims or secrets as you call them peculiar to the supream power or chiefe Magistrate in regulating A State or weale publick I pray discover the particulars thereof and how they become so necess●ry S. Those five Conciones Magistratus Juditia Arma Exercitia R●quire a mor●abler Statist the●● my selfe to discover their power or use a●d will take up long●r time● the●now can be spared or our patience quietly attend In regard of the ●●●ixity I will only give you the branches thereof but leave th● demo●stratio●● of each particular untill another opportunity shall prese●t it selfe CONCIONES Assemblies or Counsells 1 Generall As that Des●estats gene●aux in France and the Parliaments in England 1 of what Persons these states Generall consist 2 In what matters they may deale 3 VVhat Power they have limited by Law●●or above Law 4 VVhat Order they use in proceeding 5 VVhat Authority in concluding 6. By what meanes 1 Their power is drawne to Act in per●orming any thing 2 Their power is restrained from doing any thing 2 Their Ordinary Counsells for ordinary O●currences VVhere in we are to consider 1 Their Authority 2 Their Inclin●tions to peace in VVa●re 3 Their desires of honor or wealth 4 The power of every particular 1 In respect of the sufficiency and eminency of his parts 2 In respect of his speciall fav●ur and grace in the state I told you before that Oligarchyes constrained the rich men to be present at their great Assemblyes on pai●e of pen●lties Democratyes● sometimes by r●wards invited the meaner sort at their g●nerall Assemblies to make their presence the greater and that they should not altogether loose their private profit which is most regarded by the multitude by omitting their private affaires and foll●wing of publique EXERCITIA of body VVhether for health only VV●ether for strength only VVhether for pleasure only VVhether and how ●arre they all be mixt Vse and custome breeds delight in any exercise The Romans so practised themselves with Armes that they carried them with as much e●se as their parts hence came that saying Ar●a militis membra s●nt 2 Exercise of mind VVhether t● contemplation especially as the Indian Gymnosophists and the Athenian● which were great discourser● whether to action especially which is of most use in a civill life which is active not contemplative As the Lacedemonians who taught their Children ●lurimum facere minimu● l●qui 3 VVhat kind of Exercises Are commanded by Law Are permitted only Are directly forbidden As concerning Armes I have already given you my thoughts of the same But you may observe 1 That Monarchicall states have used to traine and discipline all in the exercise of Armes As in England all by an Edict to bear Armes th●t are upwards of seaventeen yeares of Age and unde● threescore except Schollers 2 Aristocraticall Sta●es enforced onl● their Nobles to bring up their Childr●● in feates of Armes military discipline 3 Oligarchicall States keep their Armes and the use and practise of them only amongst their great●st men and their followers so doth the M●scovite Tu●k at this day 4 Democraticall or popular States have accustomed to bring up all sorts of their people to Martiall seats and not only permitting but enjoyning all at a certaine age to learne and practise themselves to warlicke exercises As the antient Romans at seaventeene yeares of Age the Suiffers at this day sooner An Act declaring and Consti●uting the People of England to be a Common-wealth and free-Free-State BE it Declared and Enacted by this present PARLIAMENT and by ●he authority of the same That the People of ENGLAND and of all the Dominions and Territories thereunto belonging are and shall be and are hereby Constituted Made Established and Confirmed to be a Common-wealth and free-Free-State And shall from henceforth be Governed as a Common-wealth and free-Free-State by the supreme Authority of this Nation The Representatives of the People in Parliament and by such as they shall appoint and constitute as Officers and Ministers under them for the good of the People and that without any King or House of Lords Die Sabbathi 19. Maii 1649. ORdered by the Commons assembled in Parliament that this Act be forth with Printed and Published Hen Scobell Cleric Parliamenti POSTSCRIPT Gentle READER HAving now given you a breife and cleane discovery of the Government of severall Nations Kingdomes and Common-wealths in the World which I have taken patnes to Collect from Choice Authors of div●rs Languages that thou maiest the better Iudge of the Nature of our present New Established Common-wealth as touching the Exclency thereof and Encouragement to a willing Subjection thereu●●o Take Mr. LILLIES expressions in his conclusion of the Epistle to his Predictions for 1650. in these words to every true English man I hartily ●mplore them as one man to unite their hearts their Prayers their Forces and Purses unanimonsly for defence of this Common-wealth now es●ablished For without it as at present our Condition stands our lives and fortunes will be subject to all the inconveniences a wofull Nation can expect from devouring Enemies Conforming unto and assisting this Authority We shall have the better of all Nations wee shall by degrees arise to the most accompli●hed Government that ever was visible since the Creation and when the Commonalty of ENGLAND viz. the Yeomanry after some yeares are sitted for the work intended it shall not displease them that they have with patience acted so long a time without any visible Frutes of their Labours Sith then the Sole Dominion and power shall rest in themselves after which universall peace and never more any Warres shall follow in ENGLAND untill the day of the dissolution of this earthly Fabrick In the next place I shall only put you in mind of the New Engagement to be taken generally throughout the Nation in regard it is of speciall concernment to all The expresse words of it are these as it is Ordered by the Parliament viz. I DO DECLARE AND PROMISE THAT I WILL BE TRVE AND FAITHFVLL TO THE COMMON-WEALTH OF ENGLAND AS THE SAME NOWIS ESTABLISHED WITHOVT A KING OR HOVSE OF LORDS For such as make any doubt or scruple of taking this Engagement I referre them to Mr. IOHN DVRYES Book lately published called Considerations concerning the present Engagement whether it may lawfully be entred into yea or no they are sould at the Star under St. PETERS Church in Corn-hill or in Popes-head Ally Licensed by Master IOSEPH CARYLL In my apprehension he removeth all the stumbling blocks and answereth all the Objections that can be made against the taking of it which may satisfie all such as shut not their Eyes against the light The three Chiefe Objections are these viz. 1. OB. That the Oath of Allegiance and the Nationall Covenant are still binding and Contradictory to this present Engagement 2. OB. That the present power by which the Engagement is tendered is very doubtfull as a power u●lawfully ●surped to which usurpa●ion you think you will be accessary if you take the engagement 3. OB. That the Consequence of the Engagement seems to tend to an opposition against the Lawfull Heir of the Crowne and the right constitution of the Parliaments whereunto you are preingaged and from which you cannot rec●de All which Obj●ctions a●e loarnedly and fully answered by Mr. DVRY which hath saved me that Labour and expence of time VALE FINIS
maintaining of their weak Neighbours C. Did the Roma●s regard the Religion of their Enemies S. The Religion of ●●●ir Enemies they had of it rever●nd esteem how soever they strictly observed Patri●s Rit●s yet they often brought home Peregrinos Deos. and in the besieging of Cities they had many Ceremonics and expiations ad evocandum tutelares loci Deos to shew they sought not against their Gods but d●sired they would not succour their people and so should be reverenced in the Roman Territory After the Roman Empire was grown to the height and could not sustaine their own greatnesse and the Civill weeds sprang all those Rites were omitted or forgotten Ambition openly professed that it fought Pro imperio neither was there any cause pretended between the Concurre●ces but the getting of the Empire On th●se termes the world passed untill Mahomet devised a new and strange Religion in the East parts which set the world in a mighty difference laying two grounds to encourage his followers the first that whosoever dyed in War against the Christians or other Enemies to the Mahometan Law did instantly passe to all pleasure and delights in Paradise The s●cond that death was so necessarily ordained to men that n● violence would end a man befo●e his time nor wearinesse avoid it at the time Of this Mahomet the Saracens first and after them the Turks a mightie people borrowed their Religion Of him ther Haman family l●arned to cover the fier of Ambition wish t●e Ashes of Religion and under pretence to propogate it to perswade their followers both to fight and ●o dye resolutely C. I partly beleeve that the Pope and his Pred●c●ssors have hitherto walked by the Mahometan Rule you last discoursed of S. The Papa●● in th● generall have very much followed this course or rule as you call it concealing all their privat revenges and ambitions desires under the pretence of the Catholick cause And that with that confident perswasion and c●edulity of heir fellowes that many of the Pap●sticall Souldiers if he hath a Cro●●e o● his back and the Papisticall benediction over his head think that either they are not of danger in earth orif they dye they have a present passage to Heaven at least shall passe through Pur● gatory and so escape Hell In this point there is great difference betwix● the present and anci●nt Romans ●hat the ol● Romans had a reverend opinion of the Religion of all Countries though different from them and would never suff●r any despight or wrong to be sh●w●d to the Conq●●r●d under that name of R●ligion which is not in perticular mens power to take or leave as they list The present Papists m●ke their decrees the R●les of all truth in Religion and those that are different th●y curse and mis●hiefe by all m●ans th●y can invent accounting them Atheists Miscreants and Hereticks c. which violent proceeding hath enforced the like vehemency in the opposites to judge of him and his in like sort which hath been the sole cause of the great distraction in Christendome and laid it so open to the Mahometans There is no mischiefe that works so dangerously as that which is carryed with a Colour of Religion Simulata sa●ctitas duplex iniqu●tas For that nothi●g can carry a multitude so forci●ly as blind z●●l and superstition in any cause undertaken In times past Sortorius a Roman raised Portugall and the better part of Spaine defeated the Roman Armies wo●king credit with his followers by pretendi●● confer●nce with Diana by means of a White hart Mahomet by his Dove and Bull of late times the Seriff● in Africa under a pretended Holinesse gate first his strength by which ●e turned the lawfull Prince out of the State and setled himselfe and his John of Leyden at one time and Muncerus at another time raised those great Tum●lts in Germany C. Sir in your description of Government I remember you told me that order was maintained or supported by those three things Religion Law and Magistrater you have given me ample satisfaction concerning Religion I desire you would now discover to me what Law is S. Lawes are certaine Rules written or customs continued by which the right of persons actions or things are determined Ius triplex est 1. Ius naturae Is the light of nature by which we know what is wrong being offered unto us and that the same is wrong being committed by our selves against others 2. Ius Ge●tiu● The Law observed by all Nations how different so ever and is the rule deciding right between men of sundry Common we●lths and it specially concerns Leagues Contracts Captives c. 3. Ius Civile Is that by which the Citizens of every state are ruled and it is of two sorts 1. Ius C●m●une or Ius Iusticiae the Common Law which is conteyned in the letter of the Law or in the Customes of the Country and this in particular causes may somtimes be the cause of wrong as is often spoken Summa jus s●mma inj●ria 2. I●s Equitatis The Law of Equity when a particular case by reason of some circumstance desireth help and ease against the rigor of the Law such wa● Ius Pretorium amongst the Romans and the Court of Chancery with us in England In the Case where the stranger saved the City by mounting on the Walls and encouraged the Citizens to keepe the Town against the Enemy contrary to the Law Peregrinus in mures si ascenderi● Capitale e●t● the action in it selfe most honourable is by the letter of the Law Capitall Besides all these there is Ius Pr●rogativae which resteth wholly in them be they one or more in whom the Supreame power and Authority resteth Such have Princes in absolute Monarchies and such a Power had the people of Rome wh●n the State was Popular to receive appeals from any of their Judges to call matters determined by L●w to a new audience to suspend the ●xecution of any sentence or to pardon the punishment S●c● also hath been the accustomed power of the Parliaments of E●gl●nd The Law is nec●ssary for every State for that Leges fiunt p●opter bomines homines non fiunt p●opter L●ges Men a●e not made to satisfie the Law in its rigor but Lawes are made for the safety ●n● preservation of men Salus Populi suprema L●x C. D●e all N●●ions ●gree in their Lawes S. Noe. C. How then a● their Lawes to be discerned or known S. There are two Rules by which the Lawes and Custom●s of Countries are to be discerned 1. By the Law of Nature spoken of before by that light by which we kno what is right or wrong either in doing or suffering Altrine facias quod tibi factum nolis in this all good estates agree in the substance framing their positive Lawes against Atheisme Murther Adultery Theft c. Things in the light of Nature Condemned Nations also differ in the punishment and means of restraining which is not in Nature defined If any Law in a State be made