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A86113 The right of dominion, and property of liberty, whether natural, civil, or religious. Wherein are comprised the begining and continuance of dominion by armes; the excellency of monarchy, and the necessity of taxes, with their moderation. As also the necessity of his Highness acceptation of the empire, averred and approved by presidents of præterit ages, with the firm settlement of the same against all forces whatsoever. / By M.H. Master in Arts, and of the Middle Temple. Hawke, Michael. 1655 (1655) Wing H1172; Thomason E1636_1; ESTC R202383 79,995 208

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delayes Ovid. Nam mora damnosa est nec res dubitare remittit For dangerous is delay wherein the matter cannot permit debate If Themistocles and Aristides Scipio and Fabius Maximus had spent their opportunity in Ratiocinations when the peril was eminent the enemy had surprized them ere they had concluded what to act Celeritas in conficiendo was one of the Elogies of Pompey the Great which Curtius principally ascribeth to Alexander and Suetonius to Caesar who were so suddaine in their exploites that Justin relates of Alexander Vt quem venire non senserunnt videre vix crederent That whom they perceived not to come they scarcely believed to see him when he was come And Florus of Caesar Ante victum esse hostem quàm visum That the enemy was overcome before he was seen 3. It is more facile to finde one good man then many and lesse subject to corruption or avarice Rari quippe boni Whereas many are more impious and ravenous ever sucking and never satisfied Though among the Romans there were severe Lawes against corruption and bribery yet prevailed they little with the Senate and people for which Jugurth opbraided them with this Sarcarsme O urbem venalem mature perituramsi emptorem invenerit O mercenary and corrupt City which soon would perish if it should finde a Chapman And Marius well experienced in their conditions brought into the Common Court bushels of Silver to purchase the peoples Suffrages for which reason Plato calleth the popular Government of the Athenians Nundinas venales merchandizing Marts Synt. Vae Jur. l. 47. c. 15. wherein poverty and ignorance so prevailed that what they did vote one day they altered the other as within one day they condemned and absolved the Mytelenians Wherefore as Tholosanus it is more tolerable to live under the Dominion of one then of many and to bear what Taxes and Subsidies shall by him be imposed because the necessity of one is soone satisfied whereas the necessity of many is insatible who if they should be satisfied one after another the substance of the State might be exhausted The witty fable of Aesop is not impertinent to this purpose Arist Rhet. ad Alex. c. 20 who faineth a Fox swimming over a River to fall into a pitfal out of which for a long space being unable to extricate herselfe many Dog-flyes seised on her and sucked out her blood whose misery the Hedge-hogge pittying offered to pull off those Flyes but the Fox refused it saying that those Flyes being full did draw little blood whom being pulled off many hungerstarved ones would succeed and suck out all the blood remaining The which they know to be true by practice who are experienced in the mutations of many Governors It is therefore more eligible and profitable to have one blood-sucker rather then many one Tyrant rather then more for as Gessendus De Philo. Epi. c. f. 1648. In polyarchia sunt tyranni plures in Oligarohia pauci in Monarchia unus ergo ex pessimis melior In the government of many there are many Tyrants in the goverment of a few are few in the government of one but one And therefore of the worse the better and consequently of the better the best for Contrariorum eadem est ratio which Patricius though he lived under the Senate and people of Siena De Mon. Arist l. 1. Tel. 1. ingenously acknowledgeth with whose sweet sentence I will shut up this Section Quid enim suavius aut magis optandum mortalibus quam sub optimo rege principe privatam agere vitam sine injuria populi ambitione What is more sweet or more to be desired of mortals then to to lead a private life under a very good King and Prince without injury or ambition of the people CHAP. XV. 1. The end of Government 2. What Civil Liberty is 3. Good Princes are the peoples Servants and to live under such is the onely Liberty THe foundation and conservation of Empires and Government being premised the end is to be inferred which as the Philosopher is causa causarum 3. Met. c. 2. because all things are for it The end then of Government is the peoples felicity Arist 7. Pol. c. 2. and that government is best according to whose ordinances 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 every one may live happily which happinesse as Cicero consists in these two things in their Protection and in their Procuration of convenient necessaries Tull. off 1. Vt enimtutela sic procuratio reipub ad utilitatem eorum qui commissi sunt non ad eorum quibus commissa est gerendae est For as the Protection so the Procuration of the Commonweale is to be managed to the utility of those who are committed to its charge and not to the utility of those to whom it is committed And herein saith the Philosopher the excellency of a Prince shineth that he hath a care of his Subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist 8. Eth. c. 11. that they may do well as a Pastor hath of his Flock hence saith he Homer called Agamemnon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the the Pastor of the people for which reason also Kings were antiently called Abimelech that is pater meus and lately by the Romans patres patriae Fathers of their Countries for their paternal Procuration L. 1. de repub c. 1. and provident tuition as by Seneca tutores status publici The Greecians stiled them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Barcl l. 1. contra Monarc f. 206. quod sint basis firmamentum populi because they be the foundation and stability of the people columen populi and their supporters Jun. Brut. Sir Edward Cook calleth the Kinge of England Sponsus regni the Spouse of the Kingdome who by the Ceremony of a Ring was wont to be married to the Kingdome intimating thereby the love and care Princes ought to have and bear to their Spouse and State and further addeth that Kings are ex officio to govern and preserve their people which is the essential difference the Philosopher putteth between a King and a Tyrant Arist 8. Eth. c. 10. for a Tyrant saith he proposeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is profitable to him selfe but a King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is commodious to his subjects whom Buchunan seconds De Jur. reg apud Scotoi saying Qui sibi gerunt imperium non reipub utilitati qui regnum non dei donum sed praedam oblatam credunt tyranni sunt Dei omnium hostes who govern for their own good not for the good of the Common-weale who believe a Kingdome not to be the gift of God but an adventitial booty are Tyrants and enemies of God and all men And as the end of Government is the peoples felicity so the felicity of a Prince consisteth in the felicity of the people as Grotius Grot. d. I. b. and p.
promptnesse in handling his Armes and dexterity in charging the Enemy ascended to all the degrees of Martial Dignities and in fine was honoured with the Imprial Ensignes He was a studious propagator of Christian Religion and a strenuous oppugnator of the barbarous Invaders chasing the Vandals out of Africa and forcing the Goths out of Italy If I should muster up all the Auxiliary examples tending to the fortifying of this Assertion Dies me deficeret nox The day would fail me and the night forsake me I will onely adde this serious observation of the Satyrical Poet. Ante potestatem Tulli ignobile regnum Multos saepe viros nullis majoribus ortos Et vixisse pro bos amplis honoribus auctos Horat. l. 1. Serm. 8. Before the power of Tully and his ignoble reign There many often were of an inferiour strain Who vertuously did live and ample honours gain Neither is it absonant to reason that men of the meaner sort exalted by degrees to Offices of Authority should discharge their duty more exactly and judiciously then such as from the cradle have been lifted up unto a Crown and challenge it as their birthright which the Philosopher proveth by a well grounded reason 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3 Pol. c. 3. That a man cannot rule well that hath not obeyed For how can one prescribe rules of obedience that is ignorant of the praxis no more then a Geneval can rightly compose order and command an Army that is ignorant of the office having not before led a band of men or marched under the discipline of a skilful General unlesse with presumptuous Phaeton he will undertake to rein the fiery horses of the Sun or with the silly sow instruct and order Minerva It was an ancient custome among Princes to nominate their Successors as Moses did Joshua and David Solomon though he had an elder son Alexander bequeathed the Kingdome of Egypt to Ptolomy and Attalus made the Republick of Rome his heir and Prafatagus then King of England made Nero his heir which before the Conquest was very frequent William himself claiming the Kingdome by the nomination of Edward the Confessor as well as by Conquest And afterwards Ban. l. 207. Edward the sixth excluded his two Sisters Mary and Elizabeth and by his Letters Pattents made the Lady Gray Heir of the Crown and Henry the 8th had power granted him by his last Will and Testament in writing and signed with his hand 28. Hen. 8. to make conditions and limitations what he would concerning the inheritance of the Crown which also was a constant practise among the Roman Emperours either by adoption or arrogation to nominate those whom they approved worthy to succeed them in the Empire sometimes whilst they were living to settle it on them but ordinarily to bequeath it after their decease To apply this to our purpose most of them especially the Roman Emperours did nurse and educate those they intended to nominate and arrogate to be their Successors in the Temple of Vertue and School and Field of Mars whom after that they were sufficiently instituted they usually adventured in Martial Employments against hostile Forces as Augustus did Germanicus and Tiberius by which they obtained the Praxis as well as the Theory of the Art Military Such for the most part were advanced to the Imperial Dignity as worthy and able to discharge that Martial Honour who by their Military Vertue Populo Romano nomen urbi aeternam gloriam Cic. pro Murcima orbem terrarum parere huic imperio coegit Procured to the people renown eternal glory to the City and forced the world to their subjection But to supersede this pertinent digression and to pursue our proposition Nature is equal to all and conferreth equal endowments si quis cognoverit uti if any one knew how to use them and commonly men instigated by necessity employ them to the best advantages Pers Magister Artis Venter Plaut Nam ille omnes artes perdocet ubi quem attigit Need is the Mistress of all Arts and Skill Which conjoyned with industry and sedulity commonly produce rare effects Virg. Labor omniai vincit Improbus Hor. Perrupit Acheronta Herculeus Labos Nil mortalibus arduum Herculean Labour will all things overcome And force its way through Styx and Acheron Nothing is hard unto a mortal Wight Neither doth vertue descend but is habitus acquisitus an habit acquired by deliberation and practice For good men doe not by nature produce good men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ar. 1. Pol. c. 4. but frequently the opposite whence proceeded the Proverb Heroicos filios esse pestes Noblemens sons are pestilential sores Camec in hist 1. Ar· polit as Caligula Domititian Commodus the Flagitions sonnes of vertuous Parents which hath been Historically observed in many and more particularly in the unnatural attempt of Darius son of Artaxerxes on whom his Father having setled his Crown he in retaliation conspired his fathers fate which he had acted if not by discovery prevented which degenerous exorbitancy saith Justine proceeded from the parents excessive indulgency Just l. hist 10. Nimia parentum undulgentia corrumpit liberos who should instruct them as the father doth his son in the Comedy Ego te meum dici tantisper volo Dum quod te dignum est facis Ter. Eu. My son so long thou shalt be mine Whilst thou in worthiness dost shine For it is not the glorious stemme of vertuous progenitors doth make men noble unless they doe patrissare in their vertues Nobilitas sola atque unica virtus Jun. Sat. 7. Vertue 's the the sole and true nobility But to decline to the set of this Section Nature distributeth her dole impartially without any exception of King or beggar and Seneca saith the proverb is true Aut Regem aut fatuum nasci oportere Every one must needs be born an Ideot or an Emperour Especially if we consider man as a Citizen of the world De morte Claudii Caesaris and born to rule For Homo animal est audax acutum multiplex atque imprimis imperandi quam parendi cupidus Baccl Man is a bold subtile and wily creature more covetous of command then obedience and will dare to adventure on any thing to accomplish his ambitious designes and say with Caesar Sever. Theb. Si violandum est jus regnandi causa violandum est Heaven and Earth cannot limit his minde but with Alexander he will wish for more worlds to conquer and with the Gyants Caelum ipsum petere stultitia and purchase Royalty at any rate Imperia pretio quolibet constant bene And as mighty men have sprung from mean fortunes so great Commonweals have had their Exordiums from foul foundations Justine extols the Athenians for their native birth Hist l. 2. that they were in eodem solo nati quod incolunt but saith that other Nations à sordidis initiis ad summa crevere
saith he undoubtedly to observe that the Royal Power is not only conferred on you for the Government of the world but especially for the rule and safeguard of the Church And as another Demetrius Comatenu Clap. ib. Solo sacrificandi excepto ministerio reliqua Pontificalia privilegia imperator repraesentat The ministeriall exercise of sacred duties onely excepted the Emperour representeth all other Pontificall priviledges who is to dispose and order the affairs of the Church a relique of which in these corrupted times still remains of which Mr. Herbert Herbert Hen. 8. fo 291. maketh mention that the Emperour must first put on the habit of a Canon of Sancta Maria Dellate in Rome and after that of a Deacon before he can be compleatly invested in his Imperial Dignity And heretofore the Popes when they were installed Pier. de Moulin b. d. l. foy paid to the Emperour as their Soveraign Prince for their investiture twenty pounds in gold and were by the Emperour punished and deposed as subjects to the Emperour As Constantius the Son of Constantine the Great chased Pope Liberius out of Rome and substituted Faelix in his place Whence it is probable the English Maxime as many other dimaned Rex est persona mixta cum sacerdote The King is a mixt person with a Priest in whom is comprised both Jurisdictions as well Ecclesiastical as civil which caused William the Second to urge the said priviledge of the Emperours against Anselm desiring to be an Arch-bishop conspiring to have his Pale from the Pope as Mathew Paris historizeth it Rex Willielmus Secundus allegavit quod nullus Archiepiscopus aut Episcopus Regni sui curiae Romanae aut Papae subessent praecipus cum ipse omnes libertates haberet in Regno suo quas imperator vindicabat in imperio King William alledgeth that no Arch-bishop or Bishop should be subject to the Pope or the Court of Rome especially seeing he should have all the liberties in his Kingdome which the Emperour challenged in his Empire which was to chose Popes and Bishops when he would Yet though the Scepters of Kings and Princes were primitively free by all right and honored with the Supreme authority in all causes whatsoever yet hath the Pope in these later daies blown up with boiling ambition through the lenity and piety of Princes involated on their Rights and Liberties and not only arrogated to himself Ecclesiastical Supremacy but encroached also on the civill Jurisdiction claiming to himself the deposing of Princes and disposing of their Kingdomes Bellar. either in ordine ad bonum spirituale in order or relation to a spiritual good or else in regard of his Pastorall Authority from Christ under which notion he conceiveth all the world to be subject to him Azorius In quo alii sunt actu ut Christiani alii potestate jure ut Pagani In which some are actually subject to him as Christians and others in possibility and right as Pagans and by such subtil relations is he maintained to be Totius orbis Dominus The Lord of all the earth Europ spe And to that purpose doth he take upon him the highest place of honor far above all Princes and Monarchies of the world Pier. de Moulin praef ib. Buck de le foy setting the Emperours at his feet ordaining and declaring that all Kings ought to kiss his feet and that there is no other name under heaven but that of the Pope Thus doth he labour to mancipate the divine liberty of Princes to his humane inventions and usurped Dominion and as Christs Vicar which title he affects would be reputed Lord of all the world whereas Christs Kingdome was not of the world An insufferable tyranny imposed on this Royal freedome of Princes which the Pope from the times of Gregory the seventh hath injuriously usurped and for the space of two hundred and threescore years nothing hath been more frequent with him then the Excommunications of Kings and Emperours and the Oblations and Donations of their Empires and Kingdomes Pier. de Moulin b. d. l f 7● unless of such who have by might maintained their rights and liberties against his usurpations whence proceeded infinite bloody wars above one hundred battels and the surprizing and sacking innumerable Cities Clap. de arc imp f. 32. from whence proceeded the common Proverb as by Guichardine is observed Caesares timere odisse proprium est Ecclesiae It is proper to the Church to feare and hate all Princes John White in the way to the Church and that truly for the Pope hath excommunicated deposed and murthered forty several Princes And I deem it neither exorbitant nor impertinent to give you a tast of some of his notorious and abominable tyrannies and primarily of that against John King of England whom for maintaining his priviledge in nominating the Arch-bishop of Canterbury to the Monks of that Convent Innocent Third he menaced to excommunicate and interdict his Kingdome and the King in requitall threatned to abolish the Popes authority and to expell the Clergy which they both acted but the Pope not only excommunicated him but conferred his Kingdome on the King of France to conquer it at his own charge and perill by whose invasion he was inforced to renounce his rights and liberties and to subscribe to the Popes tyrannical demands who gave him Absolution upon condition to yeeld himself Vassal to the Pope Math. Par. and his Kingdome fewdary to the Church of Rom and that he should pay yearly a thousand mark in silver as an obligation of his servitude And most presumptuous was the arrogancy of Julius the Second God Hist Hen. 8. f. 1. who was more like to Julius Caesar whose name he assumed then to Peter whose Successor he pretended to be but indeed was like to him in nothing more then in cutting of Malcus his ear of whom the Poet pithily Gunterus Jam nec ferre crucem Domini sed tradere Regna Gaudet Augustus mavult quam praeses haberi To bear the Cross of Christ he doth not now rejoyce But to give earthly Kingdomes is his heavenly choice He deposed the King of Navarre and gave his Kingdome to Ferdinand King of Castile the which he obtained and his Successors as yet retaine who having Spain on the one side and the Pyrenaean Mountains on the other was unequal to the Popes fury and the Spanish force He also vain-gloriously enterprized to crush and suppress Lewis the XII King of France God Hist Hen. 8. to which designe he invited many Princes and more especially Henry the Eight King of England into a confederacy against him but Lewis swifter then opinion marched with all celerity to Ravenna and in one battel defeated him and his Allies Primum Pontificium fulmen à Gallis removit Barr. and boldly assembled a Councel at Pisa against him and rounded his French Crowns with this inscription Perdam Babylonem