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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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the power of Nature it is natural and by nature appropriated to every living creature And as it reflects on the sociable Condition of man in the state of a City or Common-weal that is either Civil or Religious Civil which consists in the managing and protecting of the people and their Estates and is named the Liberty of the Subject And Religious as it is conversant about sacred Rites and Doctrines and is called the Liberty of Conscience CAP. II. 1. Of the Excellency of Natural Liberty 2. Of the Cause of Natural Liberty FRee Agents are by Nature most excellent Praecipuum in omni re est actio Aust 9. Eth. c. 9. For the chiefest thing in every thing is Action and the excellency of Action is Freedom as when it is more able to act freely then of necessity For those things which act by the necessity of nature want a Superiour to order them to their ends Whereas free Agents prescribe an end to themselves after an imperious manner Sic volo sic jubeo sit pro ratione voluntas Jun. Aquinas Vt sine causa nihil fit ita sine ea nihil distincte cognoscitur As nothing is without a cause so nothing is distinctly understood without it and therefore the cause of liberty is diligently to be enquired which is natura naturans or as the Poet saith melior natura that is God who is liberrimum Agens the freest Agent acting what he will Eph 1.11 and working all things according to the councel of his own will Neither is his power astringed to the course of second causes as the Stoicks dream Non Deus est numen Parcarumc arcere clausum Mel. de Ani Quale putabatur Stoicus esse Deus The Divine power is not sure enclos'd In Fates close prison as the Stoicks suppos'd For he can produce effects above the operation of nature as to draw water out of a Rock and by his absolute power make creatures more noble then these And in this also doth he transcend all other free Agents Scal. Ex. 249. that whereas they may be obstructed by opposite Agents from accomplishing their intended ends Gods aymes are no way obnoxious to any prohibition or coaction for who can resist his will And in this sense is the saying of the Poet true Aeschines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There is none free but God That is eminenter originaliter For as he is the freest Agent so all freedome floweth from him For every Agent produceth to himselfe the like and every creature in some sort resembleth the Creator secundum aequalem analogiam Omne agens agit sibi sibi simile Aqu. according to the equality of similitude For as God was first moved by his inward will and not for any external respect to constitute the Universe so hath he without any relation communicated his similitude to some creatures more then others and more respectively to man And that reasonable creatures excel others in the free and arbitray motion of the will or appetite no other cause can be given quam quod illud principium illa vis illa potestas insita sit à natura aut naturae fabricatore Bies de nat Then that the said principle power and faculty is implanted by nature or the Fabricator of nature which is God which Fortescue comprehendeth in one Thesis De laudibus Leg. Angliae L. 4. c. 2. Libertas est à Deo homini insita à natura Liberty is given from God to man by Nature CAP. III. That Sensitive Creatures participate of Natural Liberty SEnsitive Creatures are in dignity second to man and before the Fall were gracious with him which is manifested by the Serpents familiarity with him and his imposition of names on them The Scripture ascribes to them wisedome and the Philosophers Election and Cognition Ricob in Arist Eth. L. 3. c. 1. Lud. de anima Mel. de anima Vt monstrent vitae praesidia contraria That might shew them what was commodious for the preservation of life and contrary Copious are the examples of their wondrous wiles wherein they may seem sometimes to equal mans providence by way of preventing perils and preserving their lives and liberties They are by Nature a free company and by force onely haled to subjection unless in their tender years made tame which Experience the Mistress of things learnes us Experientia rerum Magistra Cook Just l. 60. For beasts in Forrests will fly and fight for their liberties and lives And whereas some have cicur ingenium it proceeds from the discipline and industry of man So Horne Mirror of Justice That according to the law of nature all sensitive creatures ought to be free though by the constitutions of men they are enslaved as Beasts in Parks Fishes in Ponds and Birds in Cages And Justice Cook That a man hath a qualified property in those beasts which are free natura Hep. l. 7. f. 17. and are by industry tamed but if they cease to be tame and attaine their natural liberty and have not animum revertendi their property is lost with whom the Civilians concur Feras cap●as evadentes naturalem libertatem recuperare Tholos That wild Beasts taken and escaping recover their natural liberty And besides it is the opinion of the said Justice That those beasts which are ferae natura are nullius bona Neither can any man restrain them of their natural liberty and inclose them in a Park without licence of the King Iust 60. b. CAP. IV. 1. That Natural Liberty is more eminently planted in man 2. The definition of Natural Liberty SAnctius his Animal Homo Augustum Dei templum simulachrum Ovidius Man is a more sacred creature of sanctified temple and Image of God Exemplumque Dei quisque est in imagine parva Man is Gods pattern in a little shape Man And as by propinquity of similitude man is above all terrestrial creatures neerest allied unto the Deity so doth he surmount them in excellency of freedom as a Vive resemblance of the Divine Agent For which reason God did invest him with a power over all living creatures quod dominari in caetera possit Ovid. that he might rule over them But in relation of one man to anothe● he hath equally endowed man with the faculty of Liberty Mortales egit aequali genere Boet. He made all mortals of an equal mould Wis 9. v. 6. And as the Wise man saith hath the same entrance into life and the same going out And Macrobius elegantly Ex iisdem constant Satur. aluntur ●lementis eundem spiritum ab eodem principio capiunt eodemque fruuntur coelo aeque vivunt aeque moriuntur They are all composed of and nourished by the same Elements receive the same spirit from the same principle enjoy the same heavens live equally and die equally What natural liberty then is may be inferred by the premises To wit