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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 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
For though man as the Philosopher considered in his perfection is the best of all living creatures Arist l. 1. Pol. c. 2. yet having fallen from law and right is the worst of them all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a most impious fierce and cruel creature far surpassing the wilde beasts in malice and immanity Hence arised wars worse then Civil and horrid Homicides covetousnesse on the one side and desire of revenge on the other Avaritiae ultionis apperitus aliis in alios arma suppeditavit Bod. l. 2. c. 6. furnished them with Armes and weapons Lucian Et pars vilissima rerum Certamen movistis opes And wealth the vilest of all mortal things Provoked strife The injured party labouring with all their might to fortifie themselves Prosopopaeia and recover their losses had recourse to the redoubtest and wisest of their Families 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Ila of many others the worthiest imploring his Heroical Assistance and that he would accept to be their General which he confidently and couragiously undertook as well for their good and utility as his own honour and safety Nam tu●● res agitur paries cum proximus ardet Virg. Neere is the danger when the next fence is fired Justin l. 6. de Lacedaemo●iis Aut vincendum aut moriendum censuerunt Quasi tempestas quaedam omnia diruit Iust de conque Who armed with force and vertue having ordered and encouraged his cohorts and associates who cohorting one another to the combate resolved either to die or gain the Victory gave the plundering enemy a furious assault and like a thundring tempest did shatter and shiver their Ranks and beat down all before them forcing them to exclaim for ignoble quarter which upon their disarmed submission was granted Whereupon the General with the applause and consent of his Associates and the better party took upon him the Empire of them both His quidem ut amicis illis autem ut servis imperans Bodin l. 2. c. 8. de Rep Commanding the one as servants and ruling the others as friends The one reverencing him as their Lord and the other honouring him as their Protectour And so setled in his Throne with the right hand of respect favoured his Allies and with the left hand of severity curbed his Enemies wisely disposing them both to his subjection A Stratagem as ancient as the Origine of Dominion and first put in practice by Nimrod for until his dayes Noah and his Generations as Paraeus per familias suas placide gubernarunt In caput 10. Genesees In 10. cap. Genes viribus robustus consilio discretus did rule gently by their Families But he being a mighty Hunter as the Scripture stiles him that is as Tostatus expoundeth strong in body and discreet in minde by the Engine of Wit and Art of Gratification in heaping good turns on injured persons did allure and draw multitudes of people to his party The Sept. call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnde dominandi cccasionem nactus Monarchiam usurpavit regnum obtinuit Musc Ibid. through whose assistance and Gygantaean force he pursued men as the hunter pursueth beasts subdued many Nations and was the first that obtained a Monarchy and Kingdome and was so famous for his victorious valour as it passed for a proverb As another Nimrod as we use to stile a valiant man alter Caesar vel alter Alexander Or as the Poet Alius Latio jam partus Achilles Which Martial policy hath been subsequently practised by many Martial Heroes As Justin relates of Philip of Macedon that by ministring ayd unto the wea●er side Victos pariter victoresque subire regiam servitutem coegit Iust l. 8. compelled the Conquerors as well as the conquered to undergo a royal servitude And it is recorded of the Romans by Cicero the studious observator of that State That by releiving their confederates they augmented their Commonweal Noster populus sociis defendeadis terrarum jam omnium potitus est Vid. Alb. Gentil de armis Rom. and by imparting Assistance to other Nations brought the whole world into subjection And in our Histories it is by approved Authors affirmed that the Saxons were called into England by the Brittans to defend and aid them against the incursions of the Picts and Scots who though at the first they seemed mercenary and assistant to them yet in the conclusion became Masters and Conquerors of them CAP. VI. Dominion by right belongeth to the valiant man IT was the judgment of Polybius Scipio's Master That it was a necessary that he who excelleth in strength of body and courage of minde Polyb. l. 6. ipsissimum naturae opus doe obtain the Principality and Empre and this is saith he the very work of nature which is apparent in the Regiment of Beasts among whom the strongest alwayes precede And it is Aristotles position Ar. 1. Pol. c. 4. Alexanders Paedagogue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whatsoever is superiour in power excelleth in goodnesse for without Vertue Force cannot safely consist And therefore doe the Grecians conjoyn them and call valourous men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 good men And the Latines derive virtus à viro vertue from a man as if Manhood comprehended all Vertue as it hath been antiently taken and so is expressed by one of the Ancients Plaut Amph. Virtus praemium est optimum Libertas salus vita res parentes Patria prognati tutantur servantur Virtus omnia in se habet omnia assunt bona quem penos est virtus Valour is worthy of the best recompence Freedom Life Safety our Friends and parents Our Country Kindred are by it preserved Valour hath all things in it and all things flow To him who gives the valourous victorious blow 3 Pol. c. 12 Such a valourous man excelling others in vertue is worthy of an Empire which by right saith the Philosopher appertaineth to such an one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then it is right that such an one be Lord of all and King alone At which the Poet also pointeth Juv. Ipsius certe ducis hoc referre videtur Vt qui fortis erit sit felicissimus idem This certes reflecteth on a Generals aym That he who valourous is thrice happy reign Such a one meriteth a Throne even by the judgement of the great Macedon who being demanded by Perdiccas on his fatal Couch to whom he would bequeath his Kingdome answered Ei qui optimus esset To him who should be best Honor. Emitur sola virtute potestas Claud. 3. And Tully a bitter Antagonist of Caesars and Monarchy for the same reason subscribed to it and him saying Demus igitur Caesari Imperium sine quo res Militaris geri non potest Let us therefore yield the Empire to Caesar without whom Military Affaires cannot be managed So as he who ruled all by his gown and tongue was coacted to vaile to valour and the sword and to grant