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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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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
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.
the Laws quia illas elingues elumbesque gladio defendant because they being speechless and heartless should be defended with their edicts and sword and they with that famous Emperor protest and practise Ferdin Nec me regnante licebit Gunt Has cuiquam nostras impune lacessere leges At ●si quis tumidus praesumpserit obvius i re Supplicium praesens manifestaque poena docebit Non magis invictum bello quam legibus ess● It lawfull shall not be whilst we do reign That any one should slight our Laws in vain And whosoere shall proudly them oppose Present and publick punishment shall disclose Us both by Laws and Arms to be invincible Which also hath been the Soveraign care of our Albion Princes who by oath protested themselves Protectors of the Laws some of them using all diligence to abbreviate their volumes and purge them from irregularities for which Edward the Confessor is magnified who out of an indigested rapsody and cento of numerous Laws which the Romans Cook 3. rep ep ad Lect. English and Danes had ordained selected the best and compiled them into a compendious systeme some of which William the Conqueror approved disallowed others and added some new and so did Henry the third abolish some decree others Baker and was the first constituted Parliaments for which also the indulgent care of our present Prince is to be extolled who hath proved himself a reall Protector of the Law which when it was totally to be abrogated by the violent part of the last Assembly he through the assignment of the rest Delphico suo gladio dissolved it and routed them the peoples inheritance as well as the Lawyers advancement being by it preserved Ployd Com. Wisbish ca. f. 55. and like another Justinian hath his Highness called together persons of great ability and integrity as are in these Nations to consider how the Laws may be made plain short and less chargeable to the people by whom the Courts of the Upper Bench and Common Pleas are judiciously reformed and the Chancery more accurately regulated and which might have been exactly compleated by the last Parliament if they had left the Government as they found it there being Bills prepared to that purpose to some of which though the Government seemed a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet according to the direction of the Philosopher Lawes are to be conformed according to the condition of the present State Clap. de arc imp f. 66. which is warranted by approved Praesidents Augustus the most r●nowned of all the Emperors as Tacitus in the name of the Romans relates potentiae securas quae in triumviratu gesserat abolevit deditque jura quae pace principe uteremur being secured by power abolished whatsoever he had enjoyned in his Triumvirate and gave Laws which we should use for the peace of the Common-weal and safety of the Prince And so did William the Conqueror who after the establishment of his royalty Cook 3. Rep. ad Lectorem as Sir Edward Cook introduced some new Laws quae ad regni pacem tuendam efficacissimae viderentur which were efficacious for the settlement of peace in the Kingdome which Laws are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Clap. de art Imp. l. 1. c. 10. fundamenta imperii the elements and fundamentals of the Empire and Government and are conversant about assemblies and Parliaments Magistrates and Jurisdiction and concerning Armes and the Exercise of them which as the Philosopher Arist l. 4 Pol. appertain to him is the head and chief of the Commonweal CAP. X. 1. Monarchy was the first Government 2. It is ordained by God and setled by nature 3. It is the best Government THe Government of one was the first Government on earth by man Barc cont Monarch ib. Chrysost as it is the Government in heaven and earth by God for God created Adam alone out of whom all Nations should arise and made not woman of the earth but of man that there should be one head and father of man-kind so as Adam the father of all men had a Monarchical power over them by a general ordinance setled by God in him and therefore as Chrysostom Monarchy is more excellent than other formes because first ordained by God Adam then was the first Monarch and King of his family 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Homer said of Telemachus Homer Odyss α. which Government continued in families untill the reign of Nimrod who first changed the paternall Monarchy into National Though by Herodotus the Egyptians are reported to be the Antients of all mortals Herod l. 2 and that they never lived without a King of whom Menes was the first And that Monarchy was the first Government appeareth also by the Testimony of other approved authors Principio rerum gentium nationumque imperium penes reges erat saith Iustine and Salust Justin l. 1. Catal. lu teuris nomen imperii primum fuit and Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Government of all Countries Cities and Nations first resided in Kings and therefore is it feigned saith he that all the Gods were ruled by one King Pol. l. 1. c. 1. which continued as a custome among all Nations and therefore doth Aristotle adde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Nation● also now do In Abrahams time not three ages distant from the flood there were five Kings at one time Gen. 14. in a small part of Asia and Ioshua in the same Country which God gave unto the Israelites subdued 31. Kings and in those days Abimelech forced seventy Kings to his subjection and not many ages after there were thirty two Kings auxiliaries to Benadab King of Syria and it is related Josh 8.12 that in Greece no less than seventy Kings joined their forces to invade the Trojans and that before Caesars expedition into France Caesar c●m de bell Gall. 10. there were more Kings than Provinces and that in Kent which is but one of the thirty seven Counties in England at one time there reigned four Kings and though the Government of Gods own people varied under the several titles of Patriarchs Captains Iudges and Kings yet in all these the supream power rested still in one person onely which is the same with Monarchy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it being the Government of one alone as the notation of the word declares Which Government of one proceedeth from a natural inclination man hath thereunto or as if the soul of man is a parcell of the divine essence ●vel●ti Deus in humano corpore habitans so is there an innate propensity in man Seneca to applicate himself to that divine form of Government to which all Nations though rude and barbarous are and have been by it incited which moved the Israelites to desire such a King as the Nations then had and if we survey the present State of Europe we shall finde the Emperors from Julius Caesar