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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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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
that spirituall maladies require spirituall remedies that faith doth not plant it self by violence in the hearts of men for which reason he granted to the Hugonets freedome and liberty of conscience to which the Divine Resolve of the late Parliament of England c. may be annexed contained in their Declaration in answer to the Letters of the Scotch Commissioners Feb. 17. 1648. As for the truth and power of Religion it being a thing intrinsecate between God and the soul and the matter of Faith in the Gospell being such as no naturall light can reach unto we conceive there is no humane power of coercion thereunto not to restrain men from believing what God suffers their judgements to be perswaded of CAP. IIII. 1 Liberty is either external or corporeal and may be forced or internal and mental and cannot be compelled 2 Our Saviour compelled none to receive his Doctrine and his Disciples had no Commission to command but to teach and instruct 3 It is Irreligion and tyranny to force the consciences of men THe power of doing what one will is the liberty opposite to servitude and is external and possible to be forced The liberty which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 within us Ar. l. 1. de An. G●ffend ne philof Epicur in f. 1594. as Epicurus is internal in the will and mind and is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 impatible Quod adeò solum sit verè liberum ut impediri perturbarique nullatenus queat which alone is so truly free that it can by no means be impeded or molested The soul is invulnerable and impregnable and cannot be conquered or inslaved which caused some to scorn death as among the Heathens Cato Antony Cleopatra Brutus Cassius and many more and among Christians the glorious Army of Martyrs who triumphed over death Currius of Alexander The mind of man is by arms invincible and was not conquered by the great Conqueror who could not imperare animis linguis And only by ratiocination and argument it may be convinced or by consent or belief perswaded for Liberty of Conscience is a natural right therefore our Saviour compelled none to receive his Doctrine Grotius but est Dominus non cogens he is not a constraining Lord but committing his liberty to the will said publiquely to all If any man will come after me and to his Apostles Will ye also go away And his Disciples were not Commanders but Instructers and Teachers which was their Commission Compulsion and terrene penalties are out of his Jurisdiction whose Kingdome was not of this world which he acknowledgeth not only in speech but in practice for when the Disciples would have commanded fire from heaven to have consumed the Samaritans Luk. 9.36 he rebuked them And when he was apprehended by the Chief Priests and Elders Mat. 26.53 he could have commanded legions of Angels but would not It is Irreligion to take away the liberty of Religion So Tertullian Clap. de act imp f. 139. ad irreligiositatis elogium concurrit This concurreth to the commendation of Irreligion to take away the liberty of Religion and strictly to forbid the opinion of Divinity that it may not be lawfull for me to worship whom I will but shall be compelled to worship whom I will not 2 Cor. 1.29 and therefore saith the Apostle We have not Dominion over your faith The history and Doctrine of Christ is not comprehended by reason and argument but by belief and faith which at the first hearing is not admitted into the minds of men unless by the secret assistance of the Spirit of God the which to whomsoever it is given or denied is for some peculiar internall causes to us unknown and therefore as Grotius Grot. de Ju. B. P l. 2. c. 20. non humano judicio punibilis is not punishable by humane judgement And for this reason doth the fourth Councel of Toledo decree Concil Tolet. 4. Can. 55. Nemini deinceps ad credendum vim inferre cujus enim vult miseretur Deus quem vult indurat That henceforth no man be inforced to believe for God hath mercy on whom he will Clap. de arc imperit and whom he will not he hardeneth and therefore is such unconscionable force called by Nazianzen animorum carnificina a torture of minds and is indeed a spirituall tyranny CAP. V. 1 Kings and Emperors were from the beginning as well Priests as Kings 2 They had the ordering of the affairs of the Church as well as of the State 3 They nominated Bishops and deposed Popes upon just causes 4 That the Pope first arrogated to himself Ecclesiastical Jurisdiction and encroached also on the civil endeavouring by force to abr●gate the Royal freedome of Princes and to subject their Consciences by his Bulls of Excommunications to his tyranny IF we revolve the antient Monuments of the Christian Church many examples will occur in which as in a glass may clearly be seen the bloody and fatall events which usually attended the enforcement of religious consciences wherein the Pope who proudly proclaimeth himself the Head of the Church was the principal Author and Actor as by the sequel may appear Kings and Emperors originally were mixt persons as well Priests as Kings Mos apud Judaeos fuit ut eosdem reges sacerdotes haberent Justia l. 13. Ir was a custome among the Jews that Kings and Priests were accounted the same As the Poet of Annius Virg. Rex idem hominum Phoebique sacerdos So was it in the Heroique and antient times among the Grecians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the King was an Emperour 3 Pol. c. 3. and a Judge and Lord of those things concerned Religion And among the Latins and Romans Virgil Aene. inferretque Deos Latio King Faunus was the first instituted Religion in Italy from whence their Temples were called Fana which after was propagated by Aeneas and at the last reduced into an order by Romulus and Numa Clap. de arc imp fo 311. whence it was a Law among the Romans Rex sacrorum praeses esto Let the King be President of sacred things And after the expulsion of the Kings of Rome the same honor was resiant in the Emperour from the time of Julius Caesar who first united them and so continued in the Christian Empire till Gratian who first refused the Pontifical habit as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlawful to a Christian and after Theodosius had dissolved the Colledge of Pontifices and all the rest of the Priests did the Emperours notwithstanding retaine the Supreme power over the Christian Church as Isaiah prophecieth Isa 49.23 Kings shall be their nursing fathers and their Queens their nursing mothers which Leo in his letter to Leontius intimates Clap. de arc imp f. 32. Debes inquit incunctanter advertere Regiam potestatem tihi non solum ad mundi regimen sed maxime ad ecclesia praesidium esse collatam You ought
fine domari Did find the Monster envy in the end untam'd Who out of malice vent their venome against those whose memory if deceased they would honour Hor. l. 2. Ep. 1. Exhaustus amabitur idem It was the stout reply of Queen Katherine to Wolsey Godw hist He 1.8 Quid est tam firmum quod invidia non ausit oppugnare What is so firm that envy dare not assault Alexander was not free from Conspiracies neither could Caesar escape them and hardly Augustus who as Suetonius Ne ultimae quidem sortis hominum conspiratione periculo caruit wanted not the dangerous conspiracies of the meaner sort of men Yet he was so circumspect that he discovered and suppressed all their plots priusquam invalescerent before they were of any growth or mature Even so fareth it with our Augustus a circumspect and vigilant observer of malignants and male-contents who also is so well respected of the Sager and melior party as Augustus was that he wants not Inquisitors to search into their secret treacheries which are alwayes in their birth detected and suffocated in their infancy Et in herbâ oppressae Oculeus totus Besides the All-ey'd Speculator of the Universe surveyeth all their imaginations and will not permit them to prosper in their impious machinations but to weave and work their own destructions and to fall headlong into that fatal pit they prepared for others Ovid. 1. de art am Nec lex est justior ulla Quam necis artifices arte perire sua Neither is there any law so right That whoso plotteth death be deprived of light And it was the sentence of Cicero Quem discordiae Cic. Phylip quem civile bellum delectant ex numero hominum ejiciendum ex finibus humanae naturae exterminandum Whom discord and civil war delight let him be cast out of the number of men and banished the bounds of humanity But what need he fear whom the Lord of Hosts favours Me thinks I hear the Lord encourage him as he did his servant Joshua Josh 1.9 Be strong and of good courage be not afraid nor be dismayd For the Lord thy God is with thee whithersoever thou goest Virgil. Nunc animis opus Aenea nunc pectore firmo CAP. XIII All Governments turn to Monarchy from whence they came MOnarchy was from the beginning Et primum in unoquoque genere est causa reliquorume ejudem generis that which is the first in the same kinde is the cause of all the rest of the same kinde and as Monarchy was the first Government so all other Governments are derived of it and returne to it as the principles of things to one cause and the rivers to one Sea For whereas through the Tyranny of Princes commotions of the ambitious or mobility of the people Monarchy is sometimes changed into Polyarchy and never ceaseth untill it falleth to the lowest as the Poet Si paulo summo decessit vergit ad imum Which is apparent in the various vicissitudes of States and especially in the Roman which after the expulsion of royalty never rested untill it had run through all the formes of regiments from Consuls to Decemviri from Decemviri to Consuls and Tribunes and sometimes to Dictators or Triumviri yet in conclusion after the various triall of them all they have been enforced to have recourse to the principality of Monarchy for though the splendor of Monarchy for a season through the interposition of seditious objects be eclipsed and its prerogative obscured yet will it by degrees break forth into it's majesty and in it's Meridian and Throne seem more glorious The Athenian Democracy had it's fate and the Roman Common-weale it's period all in the end subscribing to Monarchy the worlds prime dignity all Nations acknowledge this verity Jun. Noverunt Mauri atque Indi And though there be some revolted States which vaile not to this principality yet are there but few Jun. Vix tot itidem quot Thebarum portae vel divitis ostia Nili Scarce so many As there be gates of Thebes or fertile mouths of Nile Here one or there one in comparison not considerable and in probability not perpetual the great Turk gaping for Venice and the Catholick King for the Netherlands two of the strongest though Buchanan stileth the Duke of Venice nihil aliud quam legitimus Rex De J. reg S●o nothing else but a lawful King and another doubts whether Venice sine duce floreat Cas Joh. 201. and Daniel Eremita denieth Helvetia to be a Common-weal because it is mercenary which is auctoramentum servitutis Descr Helvet f. 512. a sign of servitude for he is not free saith he qui arma vitamque non propriae virtuti sed aliorum commodis emancipavit who subjecteth his armes and life to the commodity of others and not to his own virtue CAP. XIV 1. The Counsel of one is more secret and secrecy is the safety of a State 2. The providence of one is more speedy and active and less subject to dangerous delays 3. One is less subject to corruption and is sooner satisfied than many MAny arguments offer themselves in defence of Monarchy some of which in so clear a case I omit lest I might seem candelam accendere in meridie and will only touch those are most material 1. The Counsell of one is more secret and effectual for though in a multitude of Councellors there be safety yet in the conduct of State affairs especially in Martiall wherein secrecy and speed are essentially requisite a number of Counsellors is an incubrance Scipio contrary to the decree of the Senate transported his Legions from Sicily into Africa Et nisi plus in ea re suo Val. Max. l. 8. c. 17. quam Patrum scriptorum consilio credidisset secundi belli Punici finis inventus non fuisset And if in that Expedition he had not beleived his own Counsel rather then the Senates an end of the second Punicque war had not been found And it is a safe rule Quod fieri debet cum multis quod facturus es cum paucissimis What ought to be done consult with many but what you are to doe communicate to few for fear of discovery For secrecy of councel is the safety of a State which constantly produceth happy events As Tacitus Primum praecipuum eorum quae ad faelicem exitum requiruntur est silere Ann. 3. The first and chiefest thing of those that are required to an happy end is silence No man knew where Scipio marched but C. Laelius Admovis annulum Labiis Curt. And Alexander imparting letters of secresie to Ephestion sealed up his lips with his ring And it is Seneca's counsel Alium silere si vis prius sile If you will have another silent say nothing to him 2. The providence of one is more speedy and active which in all affaires is most available for commonly the opportunity of the design cannot brooke
conjuratioones instituuntur Turselinus And as the Philosopher by taking away the goods of the people conjurations have often been invented by which many good Princes have been molested and others ruined Augustus so called for his sanctity by imposing a new and grievous tax on the Libertines that they should bring into the Treasury the eighth part of their Estates was the cause as Dio saith of Tumults slaughters and burning many houses and as the same Author writeth Lib. 56. was compelled to remit the military taxation of the 20th part which he laid on the inheritances and legacies of such successors and possessors as were not next of kin because it seemed grievous and intolerable to the people And it was a dangerous oversight in Henry the seventh otherwise a wise Prince who as Sir Francis Bacon crushed his treasure out of his subjects purses caring not to plume the Nobility and people to feather himselfe for which Perkins in his Proclamations opbraided him and which incited the Cornish men to take up Armes against him Bacon Hen. 7. who with their confident forces did shake the frame of his greatnesse which in all probability might have fal●en to the ground had not fortune taken his part Who as the same Author saith was grown such a partner with fortune that none could tel what actions the one and what the other owned The Catastrophe of Dionysius is famous Justino who was slain by his subjects for his intolerable taxes having by them within five yeares space exhausted the wealth of Syracusa Tholos Synt. Jur. Vniv l. 3. c. 4. And Parthenius who was the Founder of new impositions among the Franconians was by them stoned to death And what was the principal cause of the revolt of the Netherlands from the Catholique King but the immense and unsufferable taxations imposed on them by the Duke of Alva who exacted the tenth part of their vendible goods by which device in a short space he had almost swallowed up all the Merchants Estates Bodin de Repub. they using to sell the same thing ten times over in a small time Quanto rectior Trajanus who for his good government might almost be preferred before all the Roman Emperors Qui ita gessit Imperium ut omnibus prope Romanis Imperatoribus praefertur Turselinus and especially for his protestation against extreme exactions who compared the publike Treasury to the Spleen by whose excessive increase and swelling the other parts of the Politick body did consume languish Contrary to the conceit of Richeleus who resembled the French to Columbus geese out of whom the old feathers being plucked new ones would grow up the faster But Adrian the Successor of Trajan both for justice goodnesse so governed the Empire Vt sciat populi rem esse non propriam suam That he conceived it to be the peoples Weale not properly his own Ludovici pii Regis Galliae Bod. de rep f. 767. A golden precious Legacy was it of a dying King to his succeeding Son A vectigalibus tributis abstineto nisi te summa vis necessitatis utilitatis publicae justissima causa ad hoc impellit Abstain from Subsidies and Tributes unlesse the exceeding force of necessity or a very just cause of publique utility compell thee thereunto For if it could be that the safety and glory of a State might consist without extraordinary taxes the subjects would be more happy and also the Princes The moderate indiction of Tribute is especially to be practised by a Prince in the beginning of his Government As Tacitus Novum Imperium inchoantibus utilem esse clementiae famam That the report of clemency is profitable to those have newly taken upon them the Empire which Germanicus wisely observed who after he had reduced Cappadocia into the form of a Province diminished some of the Imperial taxes Quo mitius Romanum Imperium speraretur Ann. 2. whereby they might expect from the Romans a milder government Which policy Mithridates neglected and is for it censured by Tacitus acriorem fuisse quam novo Imperio conduceret to have been more sharp then conduced to the settlement of a new Empire wherein Rehoboam also erred who upon the Inauguration into his Royalty did not hearken to the supplications of the Israelites concerning the diminution of their grievous taxes as heavy burdens LIB III. Of Religious Liberty CHAP. I. 1. The knowledge of God and worship of God are coincident and inseparable 2. Religion is the gift of God and not the invention of man 3. Religion is the foundation of Humane Society 4. Those Empires flourished best were most addicted to Religion SOme put a difference between Religion and Piety as if Piety should denotate the knowledge of God and Religion the Worship of God the one being Practicall that God is to be worshipped the other Theoricall that there is a God which are promiscuously used but indeed coincident and inseparable for the Godhead being granted worship doth necessarily follow Habet enim venerationem justam quod excellit Cic. de Nat. Deor. l. 1. for whatsoever excelleth hath his due worship either civill or religious Religion is not a subtile invention of the creature nor organum politicum a States Figment or Political Engine as Matchavel feigneth forged only to temper and quiet the minds of men in the times of peace or to incite and stir up their affections in the times of war but it is a divine gift shed into the souls of men and so naturally rooted in the heart of man Phil. Morn l. 1. de vera religione that it can with lesse difficulty be extracted out of the heart then the heart out of the body It is a Coelestiall Chain whereby God is linkt to man and one man to another and is derived à religando from binding which signifieth all the offices of piety by which we are bound to God and our Neighbours Cicero for which it is said to be Fundamentum Humanae Societatis the Foundation of Humane Society by whose precepts and religious offices men are united together in a Society and conjoyned in peace and amity which are the foundation and conservation of a Common-weal which caused Romulus the Founder of the City and Empire of Rome to begin his Empire by divine predictions as old Ennius Ennius Augusto augurio postquam inclyta condita Roma est And Numa Pompilius his Successor Flor. ob inclytam viri Religionem for his integrity in Religion was by the Romans requested to accept the Empire who by Religion and Justice did sway and keep a Martiall and fierce people in peace and concord which are the two Pillars of a State without which it cannot stand as the Poet truly Senec. Thy. Act. 1. Vbi non est pudor Non cura juris sanctitas pietas fides Instabile Regnum est The State 's unstable where vertue doth not raign Nor Faith nor Justice nor Sanctity remain All