Of magistracy
         Johnson, Samuel, 1649-1703.
      
       
         
           1688
        
      
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             Of magistracy
             Johnson, Samuel, 1649-1703.
          
           4 p.
           
             Printed for L.C. ...,
             London :
             1688.
          
           
             At head of title: Chap. I.
             This work was also included in Samuel Johnson's "A second five year's struggle against popery and tyranny" published 1689.
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           Great Britain -- History -- Revolution of 1688.
           Great Britain -- Politics and government -- 1660-1688.
        
      
    
     
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           CHAP.
           I.
           Of
           Magistracy
           .
        
         
           
             I.
             
          
           
             RELATION
             is
             nothing
             else
             but
             that
             State
             of
             Mutual
             Respect
             and
             Reference
             ,
             which
             one
             Thing
             or
             Person
             has
             to
             another
             .
          
        
         
           
             II.
             
          
           
             Such
             are
             the
             Relations
             of
             Father
             and
             Son
             ,
             Husband
             and
             Wife
             ,
             Master
             and
             Servant
             ,
             Magistrate
             and
             Subject
             .
          
        
         
           
             III.
             
          
           
             The
             Relations
             of
             a
             Father
             ,
             Husband
             and
             Master
             ,
             are
             really
             distinct
             and
             different
             ;
             that
             is
             ,
             one
             of
             them
             is
             not
             the
             other
             ;
             For
             he
             may
             be
             any
             one
             of
             these
             who
             is
             none
             of
             the
             rest
             .
          
        
         
           
             IV.
             
          
           
             This
             distinction
             proceeds
             from
             the
             different
             Reasons
             ,
             upon
             which
             these
             Relations
             are
             Founded
             .
          
        
         
           
             V.
             
          
           
             The
             Reason
             or
             Foundation
             ,
             from
             whence
             arises
             the
             Relation
             of
             a
             Father
             ,
             is
             from
             having
             Begotten
             his
             Son
             ,
             who
             may
             as
             properly
             call
             every
             Old
             Man
             he
             meets
             his
             Father
             ,
             as
             any
             other
             Person
             whatsoever
             ,
             excepting
             him
             only
             who
             Begat
             him
             .
          
        
         
           
             VI.
             
          
           
             The
             Relation
             of
             an
             Husband
             and
             VVife
             is
             founded
             in
             VVedlock
             ,
             whereby
             they
             mutually
             consent
             to
             become
             one
             Flesh.
             
          
        
         
           
             VII
             .
          
           
             The
             Relation
             of
             a
             Master
             is
             founded
             in
             that
             Right
             and
             Title
             which
             he
             has
             to
             the
             Possession
             ,
             or
             Service
             ,
             of
             his
             Slave
             or
             Servant
             .
          
        
         
           
             VIII
             .
          
           
             In
             these
             Relations
             ,
             the
             Name
             of
             Father
             ,
             Husband
             ,
             and
             Master
             ,
             imply
             Soveraignty
             and
             Superiority
             ,
             which
             varies
             notwithstanding
             ,
             and
             is
             more
             or
             less
             Absolute
             ,
             according
             to
             the
             Foundation
             of
             these
             several
             Relations
             .
          
        
         
           
             IX
             .
          
           
             The
             Superiority
             of
             a
             Father
             is
             founded
             in
             that
             Power
             ,
             Priority
             ,
             and
             Dignity
             of
             Nature
             ,
             which
             a
             Cause
             hath
             over
             its
             Effect
             .
          
        
         
           
             X.
             
          
           
             The
             distance
             is
             not
             so
             great
             in
             VVedlock
             ,
             but
             the
             Superiority
             of
             the
             Husband
             over
             the
             VVife
             ,
             is
             like
             that
             of
             the
             Right
             Hand
             over
             the
             Left
             in
             the
             same
             Body
             .
          
        
         
           
             XI
             .
          
           
             The
             Superiority
             of
             a
             Master
             ,
             is
             an
             absolute
             Dominion
             over
             his
             Slave
             ,
             a
             Limited
             and
             Conditionate
             Command
             over
             his
             Servant
             .
          
        
         
           
             XII
             .
          
           
             The
             Titles
             of
             
               Pater
               Patriae
            
             ,
             and
             
               Sponsus
               Regni
            
             ,
             Father
             of
             the
             Country
             ,
             and
             Husband
             of
             the
             Realm
             ,
             are
             Metaphors
             and
             Improper
             Speeches
             :
             For
             no
             Prince
             ever
             Begat
             a
             whole
             Country
             of
             Subjects
             ;
             nor
             can
             a
             Kingdom
             more
             properly
             be
             said
             to
             be
             Married
             ,
             than
             the
             City
             of
             Venice
             is
             to
             the
             
               Adriatique
               Gulph
            
             .
          
        
         
           
             XIII
             .
          
           
             And
             to
             shew
             further
             ,
             that
             Magistracy
             is
             not
             Paternal
             Authority
             ,
             nor
             Monarchy
             founded
             in
             Fatherhood
             ;
             it
             is
             undeniably
             plain
             ,
             that
             a
             Son
             may
             be
             the
             Natural
             Soveraign
             Lord
             of
             his
             own
             Father
             ,
             as
             Henry
             the
             second
             had
             been
             of
             
               Ieffrey
               Plantagenet
            
             ,
             if
             he
             had
             been
             an
             Englishman
             ;
             which
             ,
             they
             say
             ,
             Henry
             the
             Seventh
             did
             not
             Love
             to
             think
             of
             ,
             when
             his
             Sons
             grew
             up
             to
             Years
             .
             And
             this
             Case
             alone
             is
             an
             Eternal
             Confutation
             of
             the
             Patriarchate
             .
          
        
         
           
             XIV
             .
          
           
             Neither
             is
             Magistracy
             a
             Marital
             Power
             ,
             for
             the
             Husband
             may
             be
             the
             Obedient
             Subject
             of
             his
             own
             VVife
             ,
             as
             Philip
             was
             of
             Queen
             Mary
             .
          
        
         
           
             XV.
             
          
           
             Nor
             is
             it
             that
             Dominion
             which
             a
             Master
             has
             over
             his
             Slave
             ,
             for
             then
             a
             Prince
             might
             Lawfully
             Sell
             all
             his
             Subjects
             ,
             like
             so
             many
             Head
             of
             Cattle
             ,
             and
             make
             Money
             of
             his
             whole
             stock
             when
             ever
             he
             pleases
             ,
             as
             a
             Patron
             of
             Algiers
             does
             .
          
        
         
           
             XVI
             .
          
           
             Neither
             is
             the
             Relation
             of
             Prince
             and
             Subject
             the
             same
             with
             that
             of
             a
             Master
             and
             Hired
             Servant
             ,
             for
             he
             does
             not
             Hire
             them
             ,
             but
             ,
             as
             St.
             Paul
             saith
             ,
             
               They
               pay
               him
               Tribute
            
             ,
             in
             consideration
             of
             his
             continual
             Attendance
             and
             Imployment
             for
             the
             Publick
             Good.
             
          
        
         
           
             XVII
             .
          
           
             That
             publick
             Office
             and
             Imployment
             is
             the
             Foundation
             of
             the
             Relation
             of
             King
             and
             Subject
             ,
             as
             many
             other
             Relations
             are
             likewise
             Founded
             upon
             other
             Functions
             and
             Administrations
             .
             Such
             as
             Guardian
             and
             Ward
             ,
             &c.
             
          
        
         
           
           
             XVIII
             .
          
           
             The
             Office
             of
             a
             King
             is
             set
             down
             at
             large
             in
             the
             XVII
             .
             Chap.
             of
             the
             Laws
             of
             King
             Edward
             the
             Confessor
             ,
             to
             which
             the
             succeeding
             Kings
             have
             been
             sworn
             at
             their
             Coronation
             :
             And
             it
             is
             affirmed
             in
             the
             Preambles
             of
             the
             Statutes
             of
             (a)
             Marlbridge
             ,
             and
             of
             the
             statute
             of
             
               Quo
               warranto
            
             ,
             made
             at
             (b)
             Gloucester
             ,
             That
             the
             Calling
             of
             Parliaments
             to
             make
             Laws
             for
             the
             better
             Estate
             of
             the
             Realm
             ,
             and
             the
             more
             full
             Administration
             of
             Iustice
             ,
             
               Belongeth
               to
               the
               Office
               of
               a
               King.
            
             But
             the
             fullest
             account
             of
             it
             in
             few
             words
             ,
             is
             in
             Chancellor
             Fortescue
             ,
             Chap.
             XIII
             .
             which
             Passage
             is
             quoted
             in
             
             Calvin's
             Case
             ,
             Coke
             VII
             .
             
               Rep.
               Fol.
            
             5
             
               Ad
               Tutelam
               namque
               Legis
               Subditorum
               ,
               ac
               eorum
               Corporum
               ,
               &
               bonorum
               ,
               Rex
               hujusmodi
               erectus
               est
               ,
               &
               ad
               hanc
               potestatem
               a
               populo
               effluxam
               ipse
               habet
               ,
               quo
               ei
               non
               licet
               potestate
               alia
               suo
               populo
               Dominari
               .
            
             For
             such
             a
             King
             (
             
               That
               is
               of
               every
               Political
               Kingdom
               ,
               as
               this
               is
            
             )
             is
             made
             and
             ordained
             for
             the
             Defence
             or
             Guardianship
             of
             the
             Law
             of
             his
             Subjects
             ,
             and
             of
             their
             Bodies
             and
             Goods
             ,
             whereunto
             he
             receiveth
             power
             of
             his
             People
             ,
             so
             that
             he
             cannot
             Govern
             his
             People
             by
             any
             other
             power
             .
          
           
             
               Corollary
               i.
            
             A
             Bargain
             's
             a
             Bargain
             .
          
           
             2.
             
             A
             
               Popish
               Guardian
            
             of
             Protestant
             Laws
             is
             such
             an
             Incongruity
             ,
             and
             he
             is
             as
             Unfit
             for
             that
             Office
             ,
             as
             Antichrist
             is
             to
             be
             Christ's
             Vicar
             .
          
        
      
       
         
           CHAP.
           II.
           Of
           Prerogatives
           by
           Divine
           Right
           .
        
         
           
             I.
             
          
           
             GOvernment
             is
             not
             matter
             of
             Revelation
             ;
             if
             it
             were
             ,
             then
             those
             Nations
             that
             wanted
             Scripture
             ,
             must
             have
             been
             without
             Government
             ;
             whereas
             Scripture
             it self
             says
             ,
             That
             Government
             is
             
               The
               Ordinance
               of
               Man
            
             ,
             and
             of
             Humane
             Extraction
             .
             And
             King
             Charles
             the
             First
             says
             ,
             of
             this
             Government
             in
             particular
             ,
             
               That
               it
               was
            
             Moulded
             
               by
               the
               Wisdom
               and
               Experience
               of
               the
               People
               .
            
             Answ.
             to
             XIX
             .
             Prop.
             
          
        
         
           
             II.
             
          
           
             All
             just
             Governments
             are
             highly
             Beneficial
             to
             Mankind
             ,
             and
             
               are
               of
               God
            
             ,
             the
             Author
             of
             all
             Good
             ;
             they
             are
             his
             Ordinances
             and
             Institutions
             ,
             Rom.
             13.
             1
             ,
             2.
             
          
        
         
           
             III.
             
          
           
             Plowing
             and
             Sowing
             ,
             and
             the
             whole
             business
             of
             preparing
             Bread-Corn
             ,
             is
             absolutely
             necessary
             to
             the
             subsistence
             of
             Mankind
             ;
             
               This
               also
               cometh
               forth
               from
               the
               Lord
               of
               Hosts
               ,
               who
               is
               wonderful
               in
               Counsel
               ,
               and
               excellent
               in
               Working
               ,
            
             Isa.
             28.
             from
             23.
             to
             29
             Verse
             .
          
        
         
           
             IV.
             
          
           
             VVisdom
             saith
             ,
             
               Counsel
               is
               mine
               ,
               and
               sound
               Wisdom
               ;
               I
               am
               Vnderstanding
               ,
               I
               have
               strength
               :
               By
               me
               Kings
               Reign
               ,
               and
               Princes
               decree
               Iustice
               :
               By
               me
               Princes
               Rule
               ,
               aud
               Nobles
               ,
               even
               all
               the
               Iudges
               of
               the
               Earth
               ,
            
             Prov.
             8.
             14.
             
          
        
         
           
             V.
             
          
           
             The
             Prophet
             ,
             speaking
             of
             the
             Plowman
             ,
             saith
             ,
             
               His
               God
               doth
               instruct
               him
               to
               discretion
               ,
               and
               doth
               teach
               him
               ,
            
             Isa.
             28.
             26.
             
          
        
         
           
             VI.
             
          
           
             Scripture
             neither
             gives
             nor
             takes
             away
             Mens
             Civil
             Rights
             ,
             but
             leaves
             them
             as
             it
             found
             them
             ,
             and
             (
             as
             our
             Saviour
             said
             of
             himself
             )
             is
             no
             divider
             of
             Inheritances
             .
          
        
         
           
             VII
             .
          
           
             Civil
             Authority
             is
             a
             Civil
             Right
             .
          
        
         
           
             VIII
             .
          
           
             The
             Law
             of
             England
             gives
             the
             King
             his
             Title
             to
             the
             Crown
             .
             For
             ,
             where
             is
             it
             said
             in
             Scripture
             ,
             That
             such
             a
             Person
             or
             Family
             by
             Name
             shall
             enjoy
             it
             ?
             And
             the
             same
             Law
             of
             England
             which
             has
             made
             him
             King
             ,
             has
             made
             him
             King
             according
             to
             the
             English
             Laws
             ,
             and
             not
             otherwise
             .
          
        
         
           
             IX
             .
          
           
             The
             King
             of
             England
             has
             no
             more
             Right
             to
             set
             up
             a
             French
             Government
             ,
             than
             the
             French
             King
             has
             to
             be
             King
             of
             England
             ,
             which
             is
             none
             at
             all
             .
          
        
         
           
             X.
             
          
           
             
               Render
               unto
            
             Caesar
             
               the
               things
               which
               are
            
             Caesars
             ;
             neither
             makes
             a
             Caesar
             ,
             nor
             tells
             who
             Caesar
             is
             ,
             nor
             what
             belongs
             to
             him
             ;
             but
             only
             requires
             Men
             to
             be
             just
             ,
             in
             giving
             him
             those
             supposed
             Rights
             ,
             which
             the
             Laws
             have
             determined
             to
             be
             his
             .
          
        
         
           
             XI
             .
          
           
             The
             Scripture
             supposes
             Property
             ,
             when
             it
             forbids
             Stealing
             ;
             it
             supposes
             Mens
             Lands
             to
             be
             already
             Butted
             and
             Bounded
             ,
             when
             it
             forbids
             removing
             the
             antient
             Land
             marks
             :
             And
             as
             it
             is
             impossible
             for
             any
             Man
             to
             prove
             what
             Estate
             he
             has
             by
             Scripture
             ,
             or
             to
             find
             a
             Terrier
             of
             his
             Lands
             there
             ;
             so
             it
             is
             a
             vain
             thing
             to
             look
             for
             Statutes
             of
             Prerogative
             in
             Scripture
             .
          
        
         
           
             XII
             .
          
           
             If
             
               Mishpat
               Hammelech
            
             ,
             the
             manner
             of
             the
             King
             ,
             1
             Sam.
             8.
             11.
             be
             a
             statute
             of
             Prerogative
             ,
             and
             prove
             all
             those
             particulars
             to
             be
             the
             Right
             of
             the
             King
             ,
             then
             
               Mishpat
               Haccohanim
            
             
             the
             Priest's
             custom
             of
             sacrilegious
             Rapine
             ,
             Chap.
             2.
             13.
             proves
             that
             to
             be
             the
             Right
             of
             the
             Priests
             ,
             the
             same
             word
             being
             used
             in
             both
             places
             .
          
        
         
           
             XIII
             .
          
           
             It
             is
             the
             Resolution
             of
             all
             the
             Iudges
             of
             England
             ,
             that
             even
             the
             known
             and
             undoubted
             Prerogatives
             of
             the
             Iewish
             Kings
             ,
             do
             not
             belong
             to
             our
             Kings
             ,
             and
             that
             it
             is
             an
             absurd
             and
             impudent
             Thing
             to
             affirm
             they
             do
             .
             Coke
             11
             Rep.
             p.
             63.
             
             Mich.
             5.
             
             Iac.
             
             
               Note
               ,
               
               upon
               Sunday
               the
               Tenth
               of
               November
               ,
               in
               this
               same
               Term
               ,
               the
               King
               ,
               upon
               Complaint
               made
               to
               him
               by
               Bancroft
               ,
               Archbishop
               of
               Canterbury
               ,
               concerning
               Prohibitions
               ,
               was
               informed
               ,
               That
               when
               Question
               was
               made
               of
               what
               matters
               the
               Ecclesiastical
               Iudges
               have
               Cognizance
               ,
               either
               upon
               the
               Exposition
               of
               the
               Statutes
               concerning
               Tythes
               ,
               or
               any
               other
               Thing
               Ecelesiastical
               ,
               or
               upon
               the
               Statute
               1
               Eliz.
               concerning
               the
               High
               Commission
               or
               in
               any
               other
               Case
               ,
               in
               which
               there
               is
               not
               express
               Authority
               by
               Law
               ,
               the
               King
               himself
               may
               decide
               it
               in
               his
               Royal
               person
               ;
               and
               that
               the
               Iudges
               are
               but
               the
               Delegates
               of
               the
               King
               ,
               and
               that
               the
               King
               may
               take
               what
               Causes
               he
               shall
               please
               to
               determine
               from
               the
               determination
               of
               the
               Iudges
               ,
               and
               may
               determine
               them
               himself
               .
               And
               the
               Archbishop
               said
               ,
               
                 That
                 this
                 was
                 clear
                 in
                 Divinity
                 ,
                 That
                 such
                 Authority
                 belongs
                 to
                 the
                 King
                 ,
                 by
                 the
                 Word
                 of
                 God
                 in
                 Scripture
                 .
              
            
             
               To
               which
               it
               was
               answered
               by
               me
               ,
               in
               the
               prefence
               ,
               and
               with
               the
               clear
               consent
               of
               all
               the
               Iustices
               of
               England
               ,
               and
               Barons
               of
               the
               Exchequer
               ,
               That
               the
               King
               in
               his
               own
               person
               cannot
               adjudge
               any
               Case
               ,
               either
               Criminal
               ,
               as
               Treason
               ,
               Felony
               ,
               &c.
               but
               this
               ought
               to
               be
               determined
               and
               adjusted
               in
               some
               Court
               of
               Iustice
               ,
               according
               to
               the
               Law
               and
               Custom
               of
               England
               .
               And
               always
               Iudgments
               are
               given
               ,
               
                 Ideo-consideratum
                 est
                 per
                 Curiam
              
               ,
               so
               that
               the
               Court
               gives
               the
               Iudgment
               :
               —
               And
               it
               was
               
                 greatly
                 Marvelled
              
               ,
               That
               the
               Archbishop
               durst
               inform
               the
               King
               ,
               that
               such
               absolute
               power
               and
               authority
               ,
               as
               is
               aforesaid
               ,
               belonged
               to
               the
               King
               ,
               
                 by
                 the
                 Word
                 of
                 God.
              
               
            
          
        
      
       
         
           CHAP.
           III.
           Of
           Obedience
           .
        
         
           
             I.
             
          
           
             NO
             Man
             has
             any
             more
             Civil
             Authority
             than
             what
             the
             Law
             of
             the
             Land
             has
             vested
             in
             him
             ;
             Nor
             is
             he
             one
             of
             St.
             
             Paul's
             higher
             powers
             any
             farther
             ,
             or
             to
             any
             other
             purposes
             than
             the
             Law
             has
             impower'd
             him
             .
          
        
         
           
             II.
             
          
           
             An
             Usurped
             ,
             Illegal
             and
             Arbitrary
             Power
             ,
             is
             so
             far
             from
             being
             the
             Ordinance
             of
             God
             ,
             that
             it
             is
             not
             the
             Ordinance
             of
             Man.
             
          
        
         
           
             III.
             
          
           
             VVhoever
             opposes
             an
             Usurped
             ,
             Illegal
             ,
             and
             Arbitrary
             Power
             ,
             does
             not
             oppose
             the
             Ordinance
             of
             God
             ,
             but
             the
             Violation
             of
             that
             Ordinance
             .
          
        
         
           
             IV.
             
          
           
             The
             13
             of
             the
             Romans
             commands
             Subjection
             to
             our
             Temporal
             Governors
             ,
             
             because
             their
             Office
             and
             Imployment
             is
             for
             the
             publick
             welfare
             ;
             
               For
               he
               is
               the
               Minister
               of
               God
               to
               Thee
               for
               good
               .
            
          
        
         
           
             V.
             
          
           
             The
             13
             of
             the
             Hebrews
             commands
             Obedience
             to
             spiritual
             Rulers
             ,
             
             
               because
               they
               watch
               for
               your
               souls
               .
            
          
        
         
           
             VI.
             
          
           
             But
             the
             13
             of
             the
             Hebrews
             did
             not
             oblige
             the
             Martyrs
             and
             Confessors
             in
             Queen
             Mary's
             Time
             ,
             to
             obey
             such
             blessed
             Bishops
             as
             Bonner
             and
             the
             Beast
             of
             Rome
             ,
             who
             were
             the
             perfect
             Reverse
             of
             St.
             
             Paul's
             spiritual
             Rulers
             ,
             and
             
               whose
               practice
               was
               murthering
               of
               Souls
               and
               Bodies
               ,
            
             according
             to
             that
             true
             Character
             of
             Popery
             which
             was
             given
             it
             by
             the
             Bishops
             who
             compiled
             the
             Thanksgiving
             for
             the
             Fifth
             of
             November
             ;
             but
             Archbishop
             Laud
             was
             wiser
             than
             they
             ,
             and
             in
             his
             time
             blotted
             it
             out
             .
          
           
             The
             Prayer
             formerly
             run
             thus
             :
             
               To
               that
               end
               strengthen
               the
               Hands
               of
               our
               Gracious
               King
               ,
               the
               Nobles
               and
               Magistrates
               of
               the
               Land
               ,
               to
               cut
               off
               these
               workers
               of
               Iniquity
               (
               whose
               Religion
               is
               Rebellion
               ,
               whose
               Faith
               is
               Faction
               ,
               whose
               practice
               is
               Murthering
               of
               Souls
               and
               Bodies
               )
               and
               to
               root
               them
               out
               of
               the
               Confines
               of
               this
               Kingdom
               .
            
          
        
         
           
             VII
             .
          
           
             All
             the
             Iudges
             of
             England
             are
             bound
             by
             their
             Oath
             ,
             
             and
             by
             the
             duty
             of
             their
             place●
             to
             disobey
             all
             Writs
             ,
             Letters
             ,
             or
             Commands
             ,
             which
             are
             brought
             to
             them
             ,
             either
             under
             the
             little
             Seal
             ,
             or
             under
             the
             great
             Seal
             ,
             to
             hinder
             or
             delay
             common
             Right
             .
             Are
             the
             Iudges
             all
             bound
             in
             an
             Oath
             ,
             and
             by
             their
             places
             ,
             to
             break
             the
             13
             of
             the
             Romans
             ?
          
        
         
           
             VIII
             .
          
           
             The
             Engagement
             of
             the
             Lords
             attending
             upon
             the
             King
             at
             York
             ,
             Iune
             13.
             1642.
             which
             was
             subscribed
             by
             the
             Lord
             Keeper
             ,
             and
             Thirty
             Nine
             Peers
             ,
             besides
             the
             Lord
             Chief-Iustice
             Banks
             ,
             and
             several
             others
             of
             the
             Privy-Council
             ,
             was
             in
             these
             words
             :
          
           
             
               We
               do
               engage
               our selves
               not
               to
               Obey
               any
               Orders
               or
               Commands
               whatsoever
               ,
               not
               warranted
               by
               the
               known
               Laws
               of
               the
               Land.
            
             Was
             this
             likewise
             an
             Association
             against
             the
             13
             of
             the
             Romans
             ?
          
        
         
           
           
             IX
             .
          
           
             A
             Constable
             represents
             the
             King's
             person
             ,
             and
             in
             the
             Execution
             of
             his
             Office
             is
             within
             the
             purview
             of
             the
             13
             of
             the
             Romans
             ,
             as
             all
             Men
             grant
             ;
             but
             in
             case
             he
             so
             far
             pervert
             his
             Office
             ,
             as
             to
             break
             the
             Peace
             ,
             and
             commit
             Murther
             ,
             Burglary
             ,
             or
             Robbery
             on
             the
             Highway
             ,
             he
             may
             ,
             and
             ought
             to
             be
             Resisted
             .
          
        
         
           
             X.
             
          
           
             The
             Law
             of
             the
             Land
             is
             the
             best
             Expositor
             of
             the
             13
             of
             the
             
               Romans
               ,
               Here
            
             ,
             and
             in
             Poland
             ,
             the
             Law
             of
             the
             Land
             There
             .
          
        
         
           
             XI
             .
          
           
             The
             13
             of
             the
             Romans
             is
             received
             for
             Scripture
             in
             Poland
             ,
             and
             yet
             this
             is
             expressed
             in
             the
             Coronation
             Oath
             in
             that
             Country
             ;
             
               Quod
               si
               Sacramentum
               meum
               violavero
               ,
               Incolae
               Regni
               nullam
               nobis
               Obedientiam
               praestare
               tenebuntur
               .
            
             And
             if
             I
             shall
             violate
             my
             Oa●h
             ,
             the
             Inhabitants
             of
             the
             Realm
             shall
             not
             be
             bound
             to
             yield
             me
             any
             Obedience
             .
          
        
         
           
             XII
             .
          
           
             The
             Law
             of
             the
             Land
             ,
             according
             to
             Bracton
             ,
             is
             the
             highest
             of
             all
             the
             Higher
             Powers
             mentioned
             in
             this
             Text
             ;
             for
             it
             is
             superior
             to
             the
             King
             ,
             and
             made
             him
             King
             ,
             
               (
               Lib.
            
             iii.
             Cap.
             xxvi
             .
             
               Rex
               habet
               superiorem
               Deum
               ,
               item
               Legem
               ,
               per
               quam
               factus
               est
               Rex
               ,
               item
               Curiam
               suam
               ,
            
             viz.
             Comites
             &
             Barones
             )
             and
             therefore
             by
             this
             Text
             we
             ought
             to
             be
             subject
             to
             it
             in
             the
             first
             place
             .
             And
             ,
             according
             to
             
               Melancthon
               ,
               It
               is
               the
               Ordinance
               of
               God
               ,
               to
               which
               the
               Higher
               Powers
               themselves
               ought
               to
               be
               subject
               .
            
             Vol.
             iii.
             in
             his
             Commentary
             on
             the
             Fifth
             Verse
             ,
             
               (
               Wherefore
               ye
               must
               needs
               be
               subject
               ,
               not
               only
               for
               Wrath
               ,
               but
               also
               for
               Conscience
               sake
               .
               )
            
             He
             has
             these
             words
             ,
             
               Neque
               vero
               haec
               tantum
               pertinent
               ad
               Subditos
               ,
               sed
               etiam
               ad
               Magistratum
               ,
               qui
               cum
               fiunt
               Tyranni
               ,
               non
               minus
               dissipant
               Ordinationem
               Dei
               ,
               quam
               Seditiosi
               .
               Ideo
               &
               ipsorum
               Conscientia
               fit
               rea
               ,
               quia
               non
               obediuut
               Ordinationi
               Dei
               ,
               id
               est
               ,
               Legibus
               ,
               quibus
               debent
               parere
               .
               Ideo
               Comminationes
               hic
               positae
               etiam
               ad
               ipsos
               pertinent
               .
               Itaque
               hujus
               mandati
               severitas
               moveat
               omnes
               ,
               ne
               violationem
               Politici
               status
               putent
               esse
               leve
               peccatum
               .
            
             Neither
             doth
             this
             place
             concern
             Subjects
             only
             ,
             but
             also
             the
             Magistrates
             themselves
             ,
             who
             when
             they
             turn
             Tyrants
             ,
             do
             no
             less
             overthrow
             the
             Ordinance
             of
             God
             than
             the
             Seditious
             ;
             and
             therefore
             their
             Consciences
             too
             are
             guilty
             ,
             for
             not
             obeying
             the
             Ordinance
             of
             God
             ,
             that
             is
             ,
             the
             Laws
             which
             they
             ought
             to
             obey
             :
             So
             that
             the
             Threatnings
             in
             this
             place
             do
             also
             belong
             to
             them
             ;
             wherefore
             let
             the
             severity
             of
             this
             Command
             deter
             all
             men
             from
             thinking
             the
             Violation
             of
             the
             Political
             Constitution
             to
             be
             a
             light
             Sin.
             
          
           
             Corollary
             .
             To
             destroy
             the
             Law
             and
             Legal
             Constitution
             ,
             which
             is
             the
             
               Ordinance
               of
               God
            
             ,
             by
             false
             and
             arbitrary
             Expositions
             of
             this
             Text
             ,
             is
             a
             greater
             Sin
             than
             to
             destroy
             it
             by
             any
             other
             means
             ;
             For
             it
             is
             
               Seething
               the
               Kid
               in
               his
               Mothers
               milk
               .
            
          
        
      
       
         
           CHAP.
           IV.
           Of
           Laws
           .
        
         
           
             I.
             
          
           
             THere
             is
             no
             Natural
             Obligation
             ,
             whereby
             one
             Man
             is
             bound
             to
             yield
             Obedience
             to
             another
             ,
             but
             what
             is
             founded
             in
             paternal
             or
             patriarchal
             Authority
             .
          
        
         
           
             II.
             
          
           
             All
             the
             Subjects
             of
             a
             patriarchal
             Monarch
             are
             Princes
             of
             the
             Blood.
             
          
        
         
           
             III.
             
          
           
             All
             the
             people
             of
             England
             are
             not
             Princes
             of
             the
             Blood.
             
          
        
         
           
             IV.
             
          
           
             No
             Man
             who
             is
             Naturally
             Free
             can
             be
             Bound
             ,
             but
             by
             his
             own
             Act
             and
             Deed.
             
          
        
         
           
             V.
             
          
           
             Publick
             Laws
             are
             made
             by
             publick
             consent
             ,
             and
             they
             therefore
             bind
             every
             man
             ,
             because
             every
             Man's
             consent
             is
             involved
             in
             them
             .
          
        
         
           
             VI.
             
          
           
             Nothing
             but
             the
             same
             Authority
             and
             Consent
             which
             made
             the
             Laws
             ,
             can
             Repeal
             ,
             Alter
             ,
             or
             Explain
             them
             .
          
        
         
           
             VII
             .
          
           
             To
             judge
             and
             determine
             Causes
             against
             Law
             ,
             without
             Law
             ,
             or
             where
             the
             Law
             is
             obscure
             and
             uncertain
             ,
             is
             to
             assume
             Legislative
             power
             .
          
        
         
           
             VIII
             .
          
           
             Power
             assumed
             ,
             without
             a
             Man's
             consent
             ,
             cannot
             bind
             him
             as
             his
             own
             Act
             and
             Deed.
             
          
        
         
           
             IX
             .
          
           
             The
             Law
             of
             the
             Land
             is
             all
             of
             a
             piece
             ,
             and
             the
             same
             Authority
             which
             made
             one
             Law
             ,
             made
             all
             the
             rest
             ,
             and
             intended
             to
             have
             them
             all
             Impartially
             Executed
             .
          
        
         
           
             X.
             
          
           
             Law
             on
             
               One
               Side
            
             ,
             is
             the
             Back-Sword
             of
             Iustice.
             
          
        
         
           
             XI
             .
          
           
             The
             Best
             Things
             ,
             when
             Corrupted
             ,
             are
             the
             Worst
             ;
             and
             the
             wild
             Iustice
             of
             a
             State
             of
             Nature
             ,
             is
             much
             more
             d●sirable
             than
             Law
             perverted
             ,
             and
             over-ruled
             ,
             into
             Hemlock
             and
             Oppression
             .
          
        
      
    
     
       
         
           LONDON
           ,
           Printed
           for
           
             L.
             C.
          
           near
           Fleet-bridge
           .
           1688.
           
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A31665-e10
           
             (a)
             
               Prout
               Regalis
               Officii
               exposcit
               utilitas
            
          
           
             (b)
             
               
                 sicome
                 le
                 profit
                 de
                 Office
                 Demaunde
                 .
              
            
             
               
                 The
                 Kingly
                 or
                 Regal
                 Office
                 of
                 this
                 Realm
                 jo
                 .
                 Mar.
                 Sess.
              
               3.
               
               Cap.
               1.
               
            
          
        
         
           Notes for div A31665-e980
           
             
               Give
               us
               a
               King
               to
               Iudge
               us
               .
            
             1
             Sam.
             8.
             5.
             6
             ,
             20.
             
          
        
         
           Notes for div A31665-e1880
           
             Verse
             4.
             
          
           
             Verse
             17
             
          
           
             18
             Edw.
             20
             Edw
             Cap.
             1.