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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-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-State And shall from henceforth be Governed as a Common-wealth and 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
full of innova 〈…〉 roug● their continuall whisperi●g 〈◊〉 private devices at their meeti●●● 4 〈◊〉 other is a mixture of all those kinds 〈◊〉 Ari●totle condemneth utterly 〈…〉 and yet wee read not of any of 〈◊〉 first any thing memorabl● The Ath●●ians admitted of all sorts to the choice 〈◊〉 Magistrates the making L●wes and to 〈◊〉 great censure when they banished 〈◊〉 by Ostracisme So did the Romans in the latter times howso●ver the ●uncient did hold it a sufficient commendation to be commended As Bonus C●lon●s strenuus miles C. What banishment was that Ostracisme and ●or what time and what the Transgression tha● made men liable thereunto S. It was a kinde of banishment used ●amongst the Athenians and th● party exiled was to remaine ten yeares in Exile which was thus executed by delivering Shells with the names of the persons cond●mned written therein It was used not so much to p●nish other Offences as to abat● the immoderate power of the Noblemen C. What are the pretexts of a popular State and what meanes doe they use to maintaine the same S. The supposition of a popular State pretendeth two things which in themselves are plaufible 1 Equality 2 Liberty The means of maintaining their supposition have beene these seaven 1 By choosing all Magistrates by th● voices of all and out of all Ne quis sit exclusus á Republica 2 By giving no power to any Magistrate to put any to death though condemned by Law if they appealed to the people Vt libera sit pr●vocatio ad Populum abs●luta Potestas in Populo 3 By causing all to know the use of Armes that they neither should feare Forraigne forces or powers nor one pa●tie to stand in awe of another 4 By suffering no man to contin●e long in Office and to be called to an account his Office being ended and expired 5 By diminishing the power of them which were growne to great by what meanes soever As the Athenians used their Ostracismus The Syracnsans their Petalismus the parties name written in Olive leaves upon which he was to be exiled 6 The more simple otherwise If hee can but understand their Lawes and customes to see execution on Offendors the fitter and saf●r for a popular Estate In some Democraties the chiefe Officer hath beene tied to such kindes as are mechanicall 7 By compelling all to be at Assemblies especially the m●aner sort who in some popularities have been invited by rewards C. Sir I have exercised your patience long and I feare I am to bold with you but your freenesse of discourse hitherto encourageth me to demand or request some other few resolutions before your departure S. The time I have spent with you I account it not l●st for I have made a two fold gaine thereof by renewing our old acquaintance and thereby our loves 2 By bringing to my remembrance what I have read out of divers au●tient Authors concernin● STATE-POLICIE I shall willingly resolve you if your demandes come within the reach of my weake Learning I pray proceed to your Question C. How are Democraticall States alterd S. D●mocraties are ●●a●ged into Oligarchyes by the banding of them in great favour with the people if they can agr●e betweene themselves if they disagree the one ass●●yling the other the conq●eror rayse a Monar●hy The Popular State of Rome by the conf●d●racy of Cras●us Pompy and Caesar proved in effect Oligarchicall All things being act●d as they would have them Aft●r Crassus death Pompy and Caesar falling at variance on● assayling the other the Conqueror drew the whole State to himselfe After Caes●rs deat● it became againe Popular The ●●w Tri●mverate m●d● it Oligarchicall their diss●nti●● Mon●rchicall ag●in● C. What things are those without which neither of those forementioned States can be supported or continue without ruine S. Aristotle sayeth Sex sunt quae dicuntur necessaria Alimenta Artificia Arma Pecunia S●cra Jndici● Moreover ●lse where he saieth Quin●ue sunt ●rcana quae in potestate superioris M●gistratus reservare solent Resp Ther●for● it behoveth the Supreame p●●●r of ●●y State to h●ve a specia●● ca●● that those fix thi●gs be duly ●ad inreg●rd and according to the respective qualiti●s and numb●r of their Subiects ALIMENTA No●rishment which is t● 〈◊〉 considered 1 By what kind the people d●sire t● be maintained By Tillage By Pasture 2 Where they have that which they fancie or most desire from home or from other Countries 3 With what ease or difficulty the Victualia desir●d may be gotten at what rates and what quantity is requisi●e ARTIFICIA Crafts to keep the people from Idle●●esse 1 Where regard is to be had of what matter they worke upon whether Mettalls Stone● or Wooll and where those thing●●re to be had for the●r use 2 To what ●alew their workes can raise the matter where on they work 3 Regard is to be had whether their kinde of worke maintaine health of body and strength of minde ARMA Armes whether made in their owne Country 1 Of what matter of what fashion of what use and of what advantage 2 Whether brought from Forraig●ers with what ●ase and at what rates or price 3 Consideration is to be had of what advantage to the Nation either in the excellency of the use or in the private or proper usage to men alone As the Roman Pilum and the bow in times past Anglis 4 Whether Armes be permitted to all so in Democraticall states or to some few as in Oligarchyes 1 Pecuniae Mony of what matter it is made and the valew of the same 2 VVhether the Mines thereof be in their owne Country 3 VVhat things abound by which it may be fetched from others 4 VVho hath the power of valewing 5 VVhat necessity of levying for publick uses 6 VVhat necessity of disbursing for the same uses SACRA 1 The publick manner of serving God 2 The Orders and Degrees by which the Priests and Levites are distingnished from the Laytie and one of them from another 3 The maintenance Liberty and priviledges that they have to maintaine them of that place 4 The power and honour that the Cheife of them have either over them of the Clergy or over others 5 The meanes to hold the reverence of the people 6 The Scriptures of life to which they are bound by Oath Vow or Custom● 7 Their apparrell in matter Colour or fashion how it is different from the Layety The Rom●ns kept the whole ordering of matters of Religion especially amongst their greatest Personages The Lords of the Senate were the Ponti●ices and Flamines The Salii who carried their Ancilia in a str●●ge manner about the City were of the young Gentlemen and most of their fraternities were of men of the best stocks C. VVhat were these Salii S. They w●r● th● Priests o● Mars the gods of Battle who bearing Ancilia or Targets and Sheilds dancing about the City in t●ken of Triu●p● C. VVhat is to be observed concerning Magistrates S. Foure things 1